Terms and Conditions

1.1 This document sets out the legal terms and conditions for accessing and using 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, manage, and publish digital memorial pages dedicated to deceased persons, upload photographs, texts, audio-video materials, generate QR codes, and, where applicable, order related services or products.

1.2 These Terms and Conditions constitute a set of standard contractual clauses applicable to the relationship between the Provider and any natural or legal person who accesses, visits, creates an account on, or purchases services through the Platform. Acceptance of these Terms shall occur by expressly checking the designated box, by creating an account, by continuing to use the service, or by placing an order.

1.3 These Terms are drafted 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 personal data protection.

2.1 The service provider is “Live Moment Group” S.R.L., a legal entity registered in accordance with the laws of the Republic of Moldova, with the following identification details, which shall be completed and fully displayed on the website: full legal name; IDNO; registered office; correspondence address; e-mail address; telephone number; and, where applicable, bank account details.

2.2 The Provider shall maintain on the Platform clear, accurate, easily accessible, and continuously updated information regarding its identity, contact details, the main characteristics of the services, prices, payment methods, complaint procedures, and any 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 who accesses the Platform;
• “Client” – a User who enters into a contractual relationship with the Provider;
• “Account” – the 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, audio, graphic material, epitaph, biographical data, or other material uploaded or published;
• “Subscription” – a service package provided for a fixed term;
• “Order” – the Client’s expression of intent to purchase services or products;
• “Distance Contract” – a contract concluded between the Provider and the Client exclusively through 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 associated with the page, as well as, where applicable, additional services or related physical products, such as customized QR code plaques, plans with extended features, 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 customized packages. The characteristics, limitations, and benefits of each plan shall be separately indicated on the Platform and shall form an integral part of these Terms.

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

5.1 The Platform may be used by any person who has the legal capacity required to enter into valid legal acts. If a User acts on behalf of a legal entity or another person, such User represents and warrants that they possess the necessary authority to do so.

5.2 The 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, typically relatives, in-laws, heirs, close persons, authorized representatives, or other persons morally and factually entitled to manage such content.

5.3 The Provider reserves the right to request documents or additional information to verify identity, the relationship with the commemorated person, the accuracy of the information provided, or the right to publish certain materials.

6.1 The contractual relationship between the Provider and the Client shall be deemed concluded at the moment the order is confirmed by the Provider or, where applicable, at the moment the service is activated / the order involving an obligation to pay is placed, in accordance with the Platform’s technical flow.

6.2 The Parties acknowledge the legal validity of electronic communications, click acceptance, electronic confirmations, and documents generated within the Platform’s information system, to the extent permitted by law. The Provider’s technical records regarding acceptance of these Terms, the date and time of transactions, account authentication, invoice issuance, and confirmations sent to the Client may serve as evidence of the contractual relationship.

6.3 Prior to the completion of an order, the Provider shall make available to the Client clear information regarding the total price, the duration of the service, renewal conditions, payment methods, withdrawal conditions, as well as the technical steps required to conclude the contract.

7.1 In order to access extended functionalities, the User must create an Account by providing complete, accurate, and up-to-date information. The User is responsible for maintaining the confidentiality of their credentials and for all activities carried out through their Account.

7.2 The use of false identities, e-mail addresses that do not belong to the User, unauthorized access to other persons’ accounts, and any action intended to compromise the security of the Platform are strictly prohibited.

7.3 The Provider may temporarily suspend access to an Account if there are reasonable indications of fraud, abusive use, breaches of these Terms, disputes regarding Content, or information security risks.

8.1 The User shall be solely responsible for the Content uploaded, published, transmitted, or managed through the Platform. By uploading materials, the User represents and warrants that they have the legal right to use and publish such materials and that such materials do not violate the law, public order, morality, rights to name, image, privacy, reputation, or the copyright and related rights of third parties.

8.2 The publication of false, defamatory, obscene, violent, extremist, discriminatory, offensive, misleading, manipulative, hateful content, or content that affects the memory of the deceased person or infringes the rights of relatives, heirs, or other third parties is prohibited. The upload of malicious software, harmful scripts, fraudulent links, or materials that may compromise the functioning of the Platform is also prohibited.

8.3 The Provider shall have the right, but not the obligation, to monitor, restrict, suspend, hide, remove, or modify access to Content that violates the law, these Terms, or the rights of third parties, including on the basis of a substantiated notice submitted by an interested person or a competent authority.

8.4 The Platform provides a visible and easily accessible mechanism for reporting content published on memorial pages, including cases of inappropriate content, 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, copyright or related rights infringements, or other violations of the law or these Terms.

8.5 To allow proper assessment of a complaint, the complainant must provide at least identification and contact details, the link or identifier of the contested page, a clear description of the content and grounds, the capacity in which they act, and any available evidence. If submitted by a relative, heir, representative, or other interested party, the Provider may request proof of identity, relationship, or legitimate interest.

8.6 When examining complaints, the Provider will assess, as applicable, the apparent validity of the claim, clarity and sufficiency of evidence, existence of a protected right or legitimate interest, the public or private nature of the information, any intellectual property rights involved, the position of the page administrator, and the risk of ongoing harm. The Provider may request additional explanations from both the complainant and the page administrator.

8.7 Where there are serious indications of manifestly unlawful content or significant risk to third-party rights, the Provider may adopt provisional, proportionate, and reversible measures, including temporary hiding of content, restricting access, suspending editing capabilities, or temporarily blocking the page.

8.8 Where the Platform provides hosting services, the notice-and-action procedure will apply in accordance with applicable information society laws. Upon receiving a sufficiently substantiated notice, the Provider may forward the complaint to the page administrator. If the administrator agrees or fails to respond, the content may be removed or blocked without delay. If the administrator objects with justification and the dispute cannot be resolved internally, the Provider may maintain proportionate measures until additional evidence or a decision from a competent authority or court is provided.

8.9 The Provider has no general obligation to monitor all stored information but will act promptly upon obtaining lawful knowledge of illegal content or circumstances clearly indicating such illegality.

8.10 Manifestly abusive or bad-faith complaints, or those repeatedly lacking minimal substantiation, may be rejected without prejudice to the right to apply to competent authorities or courts.

9.1 Copyright in the Content uploaded shall, in principle, remain with its lawful rightsholders. By uploading Content to the Platform, the User grants the Provider a non-exclusive, limited, royalty-free (to the extent necessary), territorially extended license, for the duration of the use of the service, to host, store, technically reproduce, process, adapt the format of, publicly display, and communicate such Content to the public, exclusively for the purpose of providing the service.

9.2 The User represents that they have obtained all consents, authorizations, or permissions required from rightsholders and data subjects, insofar as required by law. In the event of claims brought by third parties, the User shall indemnify and hold the Provider harmless against damages resulting from the infringement of copyright, image rights, privacy rights, or any other rights.

9.3 The trademark, trade name, design, software elements, Platform structure, database, and all materials created by the Provider are protected by intellectual property legislation and may not be copied, reproduced, extracted, republished, commercialized, or otherwise used without the Provider’s prior written consent.

10.1 The prices of services and products displayed on the Platform shall be expressed in Moldovan Lei (MDL), with VAT separately indicated if applicable under the law. The Provider shall clearly display the total price, including any taxes, delivery costs, or other foreseeable additional charges.

10.2 Payment may be made using the methods indicated on the Platform, through authorized payment processors. The Provider does not store full bank card details except to the extent permitted and necessary, and payment processing may be carried out by specialized third parties under appropriate security conditions.

10.3 In the case of fixed-term plans, the Client shall be clearly informed prior to purchase about the duration of the subscription, renewal conditions, and the consequences of non-payment upon expiry. Automatic renewal may only apply if presented transparently and separately accepted by the Client, in accordance with the law.

11.1 To the extent that the Platform also offers plaques, labels, engravings, or other physical media containing the QR code, this document shall apply both to the digital component and to the material component, subject to the specific provisions described in this section.

11.2 Before confirming an Order, the Client is required to verify all personalization details, the delivery address, the spelling of the name, commemorative dates, and any other relevant elements. For customized products, the Provider shall fulfill the Order based on the information supplied by the Client, and the Client shall bear sole responsibility for errors resulting from incorrect or incomplete data provided by the Client.

11.3 The estimated production and delivery time, transportation costs, risks of loss or damage, and the procedure for reporting defects shall be communicated separately and expressly before the Order is placed.

12.1 The object of payment consists of the activation of a digital memorial page with premium features, biography, galleries, video functionality, storage, and a unique QR code. Accordingly, the legal framework applicable to this service falls under the supply of digital content and/or digital services. Law No. 247/2024 expressly establishes the legal framework for contracts between traders and consumers concerning the supply of digital content or digital services. In other words, Moldovan law expressly recognizes this as a distinct contractual category.

12.2 In such circumstances, the exclusion of the right to reimbursement may be based on the legal rules governing the right of withdrawal in relation to digital content not supplied on a tangible medium, provided that all legal conditions regarding the formation of valid consumer consent are met. Under the applicable provisions of the Civil Code and related consumer protection rules, the Provider is required to inform the consumer, prior to the conclusion of the distance contract, including about the circumstances in which the consumer loses the right of withdrawal. One of the mandatory disclosures specifically concerns the situation in which the consumer forfeits such right.

12.3 By placing an order for a paid digital service on the Platform and expressly requesting the immediate activation or performance of that service before the expiry of the statutory withdrawal period, the Client acknowledges and expressly agrees that:

• the digital service may begin to be provided immediately after payment and activation;
• once the performance of the digital service has commenced in accordance with the law and upon the Client’s prior express consent, the Client may lose the statutory right of withdrawal, where such loss is permitted by applicable law;
• to the extent allowed by law, payments for digital services already activated, delivered, or consumed shall be non-refundable.

12.4 This clause shall not affect any mandatory consumer rights that cannot be excluded or limited under the applicable law of the Republic of Moldova.

12.5 Where physical customized products are ordered (including, but not limited to, QR code plaques or engraved memorial elements), such products may be excluded from return or cancellation rights to the extent permitted by law where they are made according to the Client’s specifications or clearly personalized.

12.6 Any request for cancellation, refund, or complaint must be submitted using the contact details indicated on the Platform and shall be reviewed individually in accordance with applicable law, the nature of the service or product purchased, and the stage of performance already completed.

13.1 Free services may be offered for an indefinite or fixed period, at the Provider’s discretion. Paid services shall be provided for the period paid for by the Client, with the possibility of renewal according to the selected plan.

13.2 The Provider may suspend or terminate the provision of services in the following cases: non-payment upon due date; abusive or fraudulent use; breach of these Terms; receipt of a well-founded complaint from a third party; legal obligations imposed by authorities; or maintenance or security requirements. Where possible, the Client shall be informed in advance.

13.3 Upon termination of the contractual relationship, the Provider may establish a reasonable period during which the Client may export or retrieve their data, except where retention or access is prohibited by law, by an order of the authorities, or by overriding legitimate security interests.

14.1 The processing of personal data shall be carried out in accordance with the Privacy Policy and the legislation of the Republic of Moldova on personal data protection. The Provider shall act as a data controller or, where applicable, as a processor, depending on the nature of the operations performed.

14.2 Such data may include, without limitation: first name, last name, e-mail address, telephone number, billing details, IP address, online identifiers, technical logs, uploaded Content, information relating to Orders placed, and data resulting from the use of cookies or similar technologies.

14.3 The Provider shall inform data subjects about the purposes of processing, legal bases, storage periods, data recipients, international transfers, rights of access, rectification, erasure, objection, restriction, withdrawal of consent, and the manner in which such rights may be exercised. Where 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 applicable, impact assessments.

15.1 The Platform may use strictly necessary, functional, analytical, security-related, and, where applicable, marketing cookies. Cookies that are not strictly necessary shall only be used on the basis of the User’s valid consent, through a transparent and granular consent management mechanism.

15.2 Detailed information regarding the types of cookies used, storage periods, third parties involved, and the method for withdrawing consent shall be set out in a separate Cookie Policy available on the website.

15.3 Cookies or similar technologies that are not strictly necessary for the technical functioning of the Platform will only be activated after valid user consent via a banner or preference center. Users must be able to accept, refuse, or modify cookie categories, and withdraw consent at any time with future effect.

15.4 The Cookie Policy must describe the categories, purposes, providers (including third parties), storage duration, and preference management methods. In the absence of such a policy, the Provider will not use analytics or marketing cookies beyond what is strictly necessary.

16.1 The Provider shall use reasonable efforts to ensure the proper, secure, and continuous functioning of the Platform; however, it does not guarantee uninterrupted operation, the absolute absence of errors, compatibility with all equipment, or the absence of interruptions caused by maintenance, third parties, external providers, communication networks, accidental events, or force majeure.

16.2 The Provider shall not be liable for the accuracy, legality, authenticity, or lawful nature of the Content entered by Users and shall not be deemed 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 shall bear full responsibility for the use of the Platform, for the data and materials provided, for the accuracy of the information entered, for the legality of Orders placed, and for any damage caused to the Provider or third parties through a breach of these Terms or applicable law.

17.1 Any person who believes that Content published on the Platform infringes their rights may submit a substantiated notice to the contact address indicated on the website, containing their identification details, a description of the contested Content, the legal grounds invoked, and any available supporting evidence.

17.2 The Provider shall review complaints within a reasonable period and may request additional information, temporarily suspend the contested Content, limit access thereto, or adopt other proportionate measures pending clarification of the situation.

17.3 In relation to consumers, the Provider shall ensure an internal complaint handling mechanism and shall indicate on the website the useful contact details for notifying the competent consumer protection authorities.

17.4 The Platform will provide distinct or clearly identifiable channels for:

• content complaints;
• requests from relatives, heirs, or interested parties regarding correction, completion, anonymization, transfer, or deletion of memorial pages;
• user requests regarding accounts, orders, payments, personal data, or service functionality;
• requests or orders from public authorities.

17.5 Requests from relatives, heirs, or interested parties will be examined individually based on the request and supporting documents. The Provider may request proof of identity, relationship, heir status, representation mandate, or legitimate interest. Measures may include data correction, access restriction, transfer of administration, anonymization, or justified refusal.

17.6 User requests related to accounts, orders, withdrawals, refunds, personal data rights, or moderation clarifications will be handled electronically within a reasonable timeframe, with possible requests for additional information.

17.7 Requests from public authorities will be processed only if issued by competent authorities and based on legal grounds. The Provider may verify identity, legal basis, scope, and proportionality, and request clarifications. Data will be disclosed only as necessary.

17.8 For evidentiary, security, and compliance purposes, the Provider may retain records of complaints and related actions for as long as necessary.

17.9 These provisions do not limit the right to apply to competent authorities, the data protection authority, law enforcement, or courts.

18.1 By using the Platform and providing contact details, the User agrees to receive notifications, confirmations, invoices, technical information, and contractual communications by electronic means. Such communications shall produce legal effects in accordance with the law and this document.

18.2 Promotional messages, newsletters, and marketing communications shall be sent only in compliance with the applicable rules and with the provision of a genuine and easily accessible unsubscribe option.

19.1 Neither Party shall be liable for the non-performance of its obligations if such non-performance is caused by a force majeure event or a fortuitous event, as recognized by law, provided that the other Party is notified within a reasonable time and that all necessary efforts are made to mitigate the effects of such event.

20.1 The Provider may amend these Terms for justified reasons, including legal compliance, technical changes, service developments, or commercial changes. The updated version shall be published on the Platform and shall take effect from the date indicated therein.

20.2 If the amendments materially affect the rights or obligations of the Client, the Provider shall provide reasonable prior notice. Continued use of the Platform after the effective date of the new version shall constitute acceptance thereof, except where the law requires a separate consent mechanism.

21.1 These Terms shall be governed by the laws of the Republic of Moldova. Any dispute shall, where possible, be settled amicably, and failing such settlement, shall be submitted to the competent courts of the Republic of Moldova, subject to the mandatory rules on consumer protection and jurisdiction.

21.2 The nullity or unenforceability of any clause shall not affect the validity of the remaining provisions, which shall continue to produce legal effects to the fullest extent permitted by law.