USER AGREEMENT AND TERMS OF USE OF THE «MOMENT.MD» PLATFORM

1.1 This document establishes the legal terms and conditions for access to and use of the online platform «Moment.md», operated by „Live Moment Group” S.R.L., hereinafter referred to as the «Provider» or the «Platform», through which users may create, administer and publish digital memorial pages dedicated to deceased persons, upload photographs, texts, audio and video materials, generate QR codes, and, where necessary, order related services or goods.

1.2 These Terms constitute a set of standard contractual provisions applicable to the relationship between the Provider and any natural or legal person who accesses the Platform, visits it, creates an account or purchases services through the Platform. Acceptance is effected by express confirmation of the relevant field, creation of an account, continued use of the service or placement of an order.

1.3 These Terms are drawn up in accordance with the legislation of the Republic of Moldova applicable to information society services, distance contracts, consumer protection, the validity of legal acts and contracts concluded by electronic means, as well as the protection of personal data.

2.1 The provider of the services is „Live Moment Group” S.R.L., a legal entity registered in accordance with the legislation of the Republic of Moldova, with the following identification details which shall be fully indicated and published on the website: full name; IDNO; registered office; correspondence address; e-mail address; telephone number; bank details, where necessary.

2.2 The Provider is obliged to publish on the Platform clear, accurate, easily accessible and constantly updated information concerning its identity, contact details, main characteristics of the services, prices, methods of payment, procedure for submitting claims and other pre-contractual information required by law.

3.1 For the purposes of this document the following terms shall have the meanings set out below:

• «User» — any person accessing the Platform;
• «Client» — a user who enters into contractual relations with the Provider;
• «Account» — a personal electronic space created on the Platform;
• «Memorial Page» — a digital page dedicated to the memory of a deceased person;
• «Content» — any text, image, video material, audio material, graphics, epitaph, biographical data or other materials uploaded or published;
• «Subscription» — a package of services with a defined period of validity;
• «Order» — the Client’s expression of will to purchase services or goods;
• «Distance Contract» — a contract concluded between the Provider and the Client exclusively by means of distance communication.

4.1 The Platform provides digital services for the creation, hosting, administration and publication of memorial pages, including the generation of a QR code linked to the page, as well as, where necessary, additional services or related physical goods such as personalised plaques with a QR code, plans with extended functionality, additional storage space, video galleries, graphic elements, editing services or other options indicated on the website.

4.2 The Provider may offer free plans, paid plans, promotional services, trial periods or individual packages. The characteristics, limitations and advantages of each plan are indicated separately on the Platform and form an integral part of these Terms.

4.3 The services are provided as information society services, and access to them depends on the availability of an Internet connection, a compatible device and, where necessary, compliance with the minimum technical requirements indicated by the Provider.

5.1 The Platform may be used by any person possessing the necessary legal capacity to enter into legally valid transactions. If a user acts on behalf of a legal entity or another person, he or she represents and warrants that he or she holds the necessary powers.

5.2 Creation and administration of a memorial page is permitted only to persons acting in good faith and having a legitimate interest in commemorating the deceased person, as a rule relatives, in-laws, heirs, close persons, authorised representatives or other persons who are morally and factually entitled to administer such content.

5.3 The Provider reserves the right to request documents or additional information to confirm identity, relationship to the person being commemorated, accuracy of data or the right to publish certain materials.

6.1 Contractual relations between the Provider and the Client shall be deemed concluded at the moment of confirmation of the order by the Provider or, as the case may be, at the moment of activation of the service / placement of the order giving rise to an obligation to pay, in accordance with the technical process of the Platform.

6.2 The parties recognise the legal force of electronic messages, acceptance by clicking a button, electronic confirmations and documents generated by the Platform’s information system, within the limits permitted by law. The Provider’s technical records confirming acceptance of these Terms, the date and time of transactions, account log-ins, issuance of invoices and confirmations sent to the Client may be used as evidence of the contractual relationship.

6.3 Prior to completion of the order the Provider shall provide the Client with clear information on the total price, the duration of the service, renewal conditions, methods of payment, conditions of withdrawal, as well as the technical steps necessary for conclusion of the contract.

7.1 In order to access advanced functions the user is required to create an account, providing complete, accurate and up-to-date data. The user is responsible for maintaining the confidentiality of his or her account credentials and for all actions performed through his or her account.

7.2 It is prohibited to use false identities, e-mail addresses that do not belong to the user, unauthorised access to the accounts of other persons, as well as any actions aimed at compromising the security of the Platform.

7.3 The Provider is entitled to temporarily suspend access to an account where there are reasonable suspicions of fraud, abuse, breach of these Terms, disputes concerning content or information security risks.

8.1 The user bears exclusive responsibility for content uploaded, published, transmitted or administered through the Platform. By uploading materials the user represents and warrants that he or she has the lawful right to use and publish the relevant materials and that they do not infringe the law, public order, morality, rights to name, image, privacy, reputation or copyright and related rights of third parties.

8.2 Publication of false, defamatory, obscene, violent, extremist, discriminatory, offensive, misleading, manipulative content, content that incites hatred, harms the memory of the deceased person or infringes the rights of relatives, heirs or other third parties is prohibited. Uploading of malicious software, dangerous scripts, fraudulent links or materials capable of disrupting the functioning of the Platform is also prohibited.

8.3 The Provider has the right, but not the obligation, to monitor, restrict, suspend, hide, delete or modify access to content that violates the law, these Terms or the rights of third parties, including on the basis of a reasoned notice from an interested person or a competent authority.

8.4 The Platform provides a publicly accessible, visible and easily accessible mechanism for submitting complaints about content placed on memorial pages, including cases of content inappropriate for a memorial page, false or misleading information, infringement of the memory of the deceased, violation of rights to name, image, privacy or reputation of third parties, spam/advertising, infringement of copyright and related rights or other violations of the law or these Terms.

8.5 In order to verify the validity of a complaint the person submitting it must indicate at least his or her identification and contact details, a link or identifier of the disputed page, a specific description of the content and the grounds of the complaint, the capacity in which he or she is acting, as well as any available evidence. If the complaint is submitted by a relative, heir, representative or other interested person, the Provider may request confirmation of identity, connection with the deceased or the claimed legitimate interest.

8.6 When examining complaints the Provider shall, where necessary, verify their apparent validity, clarity and sufficiency of evidence, the existence of a protected right or legitimate interest, the public or private nature of the information, possible intellectual property rights, the position of the administrator of the memorial page and the risk of continuing harm. The Provider may request additional clarifications both from the complainant and from the user administering the disputed page.

8.7 Where there are serious indications of the clearly unlawful nature of the content or a significant risk to the rights of third parties the Provider may take temporary, proportionate and reversible measures, including temporary hiding of content, restriction of access, suspension of the possibility of editing or temporary blocking of the page until the circumstances are clarified.

8.8 Where the Platform provides information storage services at the request of users, the notice-and-takedown procedure shall be applied in accordance with the legislation on information society services. After receipt of a properly substantiated notice the Provider may forward the complaint to the administrator of the relevant page for a statement of position. If the administrator agrees to removal or fails to respond within the established period, the content may be removed or blocked without delay. If the administrator expresses a reasoned disagreement and the dispute cannot be resolved internally, the Provider may maintain proportionate measures until additional evidence is provided or a decision of a competent authority or court is obtained.

8.9 The Provider is not obliged to carry out general preventive monitoring of all information stored at the request of users, but is obliged to act promptly from the moment of receipt of a lawful notice of the unlawful nature of the content or of the existence of circumstances clearly indicating such nature.

8.10 Complaints that are clearly abusive, submitted in bad faith or repeatedly lacking minimum substantiation may be rejected without prejudice to the right of the interested person to apply to the competent authorities or the court.

9.1 Copyright in the uploaded content shall, as a rule, remain with its lawful right holders. By uploading content to the Platform the user grants the Provider a non-exclusive, limited, royalty-free (to the extent necessary for the provision of the service), territorially unlimited licence for the term of use of the service for the placement, storage, technical reproduction, format adaptation, public display and making available of the content to the public solely for the purpose of providing the service.

9.2 The user represents that he or she has obtained all necessary consents, permissions or other authorisations from right holders and data subjects where required by law. In the event of claims by third parties the user undertakes to indemnify the Provider for losses caused by infringement of copyright, the right to image, the right to privacy or other rights. With regard to personal data of living third parties the user is obliged to have an appropriate legal basis under Law No. 195/2024, and when placing special categories of data — also the basis provided for by Article 9 of the said Law.

9.3 The trade mark, commercial name, design, software elements, structure of the Platform, database and all materials created by the Provider are protected by intellectual property legislation and may not be copied, reproduced, extracted, re-published, commercialised or used without the prior written consent of the Provider.

10.1 Prices for services and goods published on the Platform are indicated in Moldovan lei with separate indication of VAT if applicable in accordance with the law. The Provider is obliged to indicate clearly the full price, including any taxes, delivery costs or other foreseeable additional expenses.

10.2 Payment may be made by the methods indicated on the Platform through authorised payment operators. The Provider does not store bank card data in full, except to the extent permitted and necessary by law, and payment processing may be carried out by specialised third parties subject to appropriate security measures.

10.3 In the case of time-limited plans the Client must be clearly informed before purchase of the duration of the subscription, renewal conditions and the consequences of non-payment on time. Automatic renewal may be applied only if it is presented transparently and separately accepted by the Client in accordance with the requirements of the law.

11.1 To the extent that the Platform offers plaques, stickers, engravings or other physical carriers containing a QR code, this document applies both to the digital and to the material component, with the specific features described in this section.

11.2 The Client is obliged, prior to confirmation of the order, to verify the personalisation data, the delivery address, the correctness of the spelling of the name, commemorative dates and any other significant elements. For personalised goods the Provider executes the order on the basis of the information provided by the Client, and responsibility for errors caused by data transmitted by the Client shall be borne by the Client himself or herself.

11.3 The indicative period of manufacture and delivery, the cost of transportation, the risks of loss or damage, as well as the procedure for reporting defects are communicated separately and expressly prior to placement of the order.

12.1 The subject of payment is the activation of a digital memorial page with premium functions, biography, galleries, video, data storage and a unique QR code; therefore the legal qualification relates to the second category: provision of digital content / digital services. Law No. 247/2024 expressly establishes the legal basis for contracts between traders and consumers the subject of which is the provision of digital content or digital services. In other words, Moldovan legislation expressly recognises this category of contracts as independent.

12.2 In this case the exclusion of a monetary refund may be based on the rules concerning the right of withdrawal applicable to digital content that is not supplied on a tangible medium, but only subject to compliance with the legal requirements for the expression of consent. It follows from the official provisions of the Civil Code that the professional participant is obliged, prior to conclusion of a distance contract, to inform the consumer, inter alia, of the circumstances in which the consumer loses the right of withdrawal, and one of the mandatory notices concerns precisely the situation of loss of the right of withdrawal.

13.1 Free services may be provided for an indefinite or definite period at the discretion of the Provider. Paid services are provided for the period paid for by the Client with the possibility of renewal in accordance with the chosen plan.

13.2 The Provider may suspend or terminate the provision of services in the following cases: non-payment within the established period; abuse or fraudulent use; breach of these Terms; receipt of a substantiated complaint from a third party; compliance with a lawful requirement of the authorities; necessity of technical maintenance or ensuring security. Where possible the Client will be notified in advance.

13.3 After termination of the contractual relationship the Provider may establish a reasonable period during which the Client will be able to export or obtain his or her data, except in cases where their storage or access to them is prohibited by law, by a decision of the authorities or by prevailing legitimate security interests.

14.1 Processing of personal data is carried out in accordance with the Privacy Policy and Law of the Republic of Moldova No. 195/2024 “On the Protection of Personal Data” and other applicable legislation. The Provider acts as a controller or, depending on the nature of the specific processing, as a person authorised by the controller, within the meaning of Law No. 195/2024.

14.2 Data may include, inter alia: first name, last name, e-mail address, telephone number, payment data, IP address, online identifiers, technical logs, uploaded content, information on placed orders, as well as data obtained as a result of the use of cookies or similar technologies.

14.3 The Provider informs data subjects of the purposes of processing, legal bases, storage periods, recipients of data, international transfers, rights of access, rectification, erasure, restriction of processing, data portability, objection, withdrawal of consent, lodging a complaint with the CNPDCP, as well as the right not to be subject to a solely automated decision in the cases provided by law, and of the procedure for exercising these rights. If the Platform involves sensitive, large-scale, systematic or high-risk processing, the Provider shall implement enhanced compliance measures, including internal procedures, records of processing activities and, where necessary, a data protection impact assessment. International transfers of personal data, if carried out, are effected only in accordance with Chapter V of Law No. 195/2024 and subject to the existence of a mechanism/guarantees provided by law.

15.1 The Platform may use strictly necessary, functional, analytical, security and, where necessary, marketing cookies. Cookies that are not strictly necessary will be used only on the basis of the user’s valid consent expressed through a transparent and detailed management mechanism.

15.2 Detailed information on the types of cookies, storage periods, third parties involved and the procedure for withdrawal of consent will be set out in a separate Cookie Policy published on the website.

15.3 In the event of the use of cookies or similar technologies that are not strictly necessary for the technical functioning of the Platform, they shall be activated only after obtaining valid consent through a banner or preference centre. The user must be able separately to accept, reject or modify categories of cookies, and withdrawal of consent must be possible at any time with effect for the future.

15.4 The Cookie Policy must describe the categories of cookies used, purposes, providers or categories of third-party providers, storage period, as well as methods of managing preferences. In the absence of such a policy the Provider will not use analytical or marketing cookies beyond those strictly necessary for the functioning of the service.

16.1 The Provider makes reasonable efforts to ensure the correct, secure and continuous operation of the Platform, but does not guarantee uninterrupted operation, complete absence of errors, compatibility with all devices or absence of interruptions caused by technical maintenance, actions of third parties, external providers, communication networks, fortuitous events or force majeure.

16.2 The Provider bears no responsibility for the accuracy, lawfulness, authenticity or legitimacy of content placed by users and cannot be regarded as the author or co-author of materials uploaded by them, within the limits provided by law for providers of information society services.

16.3 The Client bears full responsibility for the use of the Platform, for the data and materials provided, for the accuracy of the information entered, for the lawfulness of orders and for any damage caused to the Provider or third parties as a result of breach of these Terms or the law.

17.1 Any person who considers that content published on the Platform infringes his or her rights may send a reasoned notice to the contact address indicated on the website, containing identification details, a description of the disputed content, the legal basis of the application and, where available, supporting evidence.

17.2 The Provider examines claims within a reasonable period and is entitled to request additional information, temporarily suspend access to the disputed content, restrict access to it or take other proportionate measures until the circumstances are clarified.

17.3 In relations with consumers the Provider ensures an internal mechanism for examining claims and indicates on the website useful contact details for applying to the competent consumer protection authorities.

17.4 The Platform provides separate or clearly identifiable channels for:

• complaints about published content;
• requests by relatives, heirs or other interested persons concerning correction, supplementation, anonymisation, transfer of administration or deletion of a memorial page;
• requests by users related to accounts, orders, payments, personal data or functionality of the service;
• requests, prescriptions or acts from competent state authorities.

17.5 Requests by relatives, heirs or other interested persons are examined individually taking into account the subject of the request and the documents submitted. The Provider may request documents confirming identity, degree of kinship, status of heir, powers of a representative or other legitimate interest. The Provider may decide on correction or supplementation of data, temporary restriction of access, transfer of administration of the page, anonymisation of information or a reasoned refusal in the event of lack of substantiation or insufficiency of evidence.

17.6 Requests by users related to the operation of an account, orders, cancellations, refunds, exercise of personal data rights or clarification of moderation measures are accepted in electronic form. With regard to the exercise of the rights of the data subject a response is provided without undue delay and not later than one month from the day of receipt of the request, with the possibility of extension by a maximum of a further two months in the cases and in the manner provided by Article 12 of Law No. 195/2024; other requests are examined within a reasonable period. Additional information for confirmation of identity is requested only to the necessary and proportionate extent.

17.7 Requests from state authorities are examined only on condition that they emanate from competent authorities and are based on law or an official act. The Provider is entitled to verify the identity of the applicant, the legal basis, the subject matter and the proportionality of the request and, where necessary, to request clarifications. Data are provided only to the extent necessary for compliance with the law or protection of rights.

17.8 For the purposes of evidence, security and compliance with legislation the Provider may store information on complaints, including date and time, content, documents, correspondence and measures taken, for the period necessary for examination and protection of rights.

17.9 The provisions of this section do not limit the right of interested persons to apply to the competent authorities, the National Centre for Personal Data Protection, law-enforcement bodies or the court.

18.1 By providing contact details and concluding/performing a contract with the Provider, the user receives the notifications, confirmations, invoices, technical information and other contractual messages necessary for the performance of the contract and the operation of the service by electronic means. Such processing of contact data is not regarded as consent to marketing and is carried out on the corresponding legal basis under Article 6 of Law No. 195/2024. The said messages have legal force in accordance with the law and this document.

18.2 Messages of an advertising nature, mailings and marketing communications are sent only where there is a legal basis provided by law; where the basis is consent, it must comply with Article 7 of Law No. 195/2024. The user is provided with a simple and free opportunity at any time to refuse such messages / withdraw consent with effect for the future.

19.1 Neither party shall be liable for non-performance of its obligations if this is caused by circumstances of force majeure or fortuitous events recognised by law, provided that the other party is notified within a reasonable period and the necessary measures are taken to minimise the consequences of such an event.

20.1 The Provider is entitled to amend these Terms for justified reasons, including compliance with legislation, technical changes, development of services or commercial changes. The updated version is published on the Platform and enters into force from the date indicated in it.

20.2 If the changes substantially affect the rights or obligations of the Client, the Provider provides reasonable prior notice. Continued use of the Platform after the entry into force of the new version constitutes acceptance of it, except in cases where the law provides for a separate mechanism of consent.

21.1 These Terms are governed by the legislation of the Republic of Moldova. Any dispute shall be resolved, where possible, amicably, and in the event of failure shall be submitted to the competent judicial authorities of the Republic of Moldova with observance of the mandatory norms on consumer protection and the rules of jurisdiction.

21.2 The invalidity or unenforceability of a separate provision shall not affect the validity of the remaining provisions, which shall continue to have legal force within the limits permitted by law.