Terms of Service

Last Updated: March 7, 2026

Welcome to Top Moments. The Service is operated by Top Moments LLC, a New York limited liability company ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website, services, and platform (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

1. Definitions

  • Client – any individual or entity purchasing or using the Service.
  • Content – any video, stream, clip, audio, or media submitted to or accessed by Top Moments for editing or distribution.
  • Network Accounts – social media accounts owned or operated by Top Moments used to distribute clips.
  • Client Accounts – social media accounts owned or controlled by the Client.
  • Clips – edited short-form content derived from Client Content.

2. Description of Services

Top Moments provides short-form content clipping, editing, formatting, and distribution services designed for creators producing long-form or streaming content.

Services may include:

  • Identifying moments from video or stream recordings
  • Editing and formatting clips for short-form platforms
  • Adding captions, titles, and formatting
  • Distributing clips across social media platforms
  • Posting clips to Client Accounts when authorized
  • Distributing clips through Top Moments Network Accounts

Specific features vary depending on the Client's selected plan.

Top Moments operates a content distribution network that may publish clips derived from Client Content across multiple social media accounts.

Any turnaround times stated on our website or plan descriptions (for example, "24-hour turnaround" or "same-day turnaround") are service targets, not contractual guarantees. Actual delivery times may vary based on volume, content length, and operational capacity.

3. Subscription and Payment Terms

Services are offered on a monthly subscription basis. Current plans include:

  • Starter
  • Growth
  • Clipping Engine

Pricing and features are displayed on the website and may be updated at any time.

3.1 Billing

Subscriptions are billed monthly in advance.

3.2 Fair Use

Plan features described as "unlimited" (including unlimited clip submissions and editing) are subject to reasonable use. We may throttle or queue volume that materially exceeds typical customer usage in order to maintain service quality for all Clients.

3.3 Refunds

Except for the prorated refunds described in Section 15 (Termination), refunds are not guaranteed. We may, at our sole discretion, issue full or partial refunds on a case-by-case basis. A refund issued in one instance does not create an obligation to issue refunds in any other instance.

3.4 Late Payments

Failure to complete payment may result in:

  • Suspension of services
  • Termination of services

4. Content Submission

Depending on the service plan, Clients may provide content by:

  • Submitting clips
  • Submitting timestamps
  • Granting access to video-on-demand (VOD) recordings
  • Allowing Top Moments to review public streams or videos

The Client is solely responsible for ensuring they have legal rights to all submitted or accessed content.

5. License to Use Client Content

By using the Service, the Client grants Top Moments a worldwide, royalty-free, non-exclusive license to:

  • Access, edit, modify, and reproduce
  • Distribute, publish, and publicly display

Client Content and resulting Clips.

This license includes the right to distribute Clips through Top Moments Network Accounts and across third-party platforms including but not limited to TikTok, YouTube, and Instagram.

For Clips created or distributed during your subscription, this license is perpetual and irrevocable: it survives cancellation or termination of the Service. In particular, Clips published to Top Moments Network Accounts may remain published, and may continue to be monetized by Top Moments, after your subscription ends.

For clarity: Clips delivered to you or posted to Client Accounts are yours to keep, and content on Client Accounts remains under your control after termination.

6. Account Ownership and Revenue

6.1 Network Accounts

Social media accounts operated by Top Moments are owned and controlled exclusively by Top Moments. Clips distributed on Network Accounts may generate advertising or platform revenue which belongs solely to Top Moments.

6.2 Client Accounts

When clips are posted to Client-owned accounts:

  • The Client retains ownership of those accounts
  • Any revenue generated on those accounts belongs to the Client

Top Moments does not guarantee monetization eligibility on any platform.

7. No Guarantee of Results

Top Moments does not guarantee:

  • Views, followers, or engagement
  • Monetization or viral performance
  • Revenue generation

Social media performance depends on numerous external factors outside the Company's control.

8. Platform Risks

The Client acknowledges that social media platforms are controlled by third parties. Top Moments is not responsible for:

  • Account suspensions or content removals
  • Demonetization or algorithm changes
  • Policy changes or platform outages

These events may occur without warning and are outside our control.

Where Top Moments posts content to Client Accounts under access the Client has granted, the Client acknowledges that such posts are made at the Client's direction and authorization. Platform enforcement actions arising from such posts — including strikes, restrictions, demonetization, or suspensions of Client Accounts — are outside our control, and Top Moments' liability for any platform enforcement action is excluded to the maximum extent permitted by law.

By using our Service, you also agree to be bound by the YouTube Terms of Service and the Google Privacy Policy.

9. Acceptable Content Policy

Clients may not submit or authorize content that includes:

  • Illegal activity or criminal conduct
  • Hate speech or harassment
  • Threats or violence
  • Copyright infringement

Top Moments reserves the right to refuse, remove, or terminate service for any content deemed inappropriate.

10. Client Representations and Warranties

By submitting or allowing access to content, the Client represents and warrants that:

  • They own or have the legal rights to the content
  • The content does not infringe any copyright or trademark
  • The content complies with all applicable laws

The Client assumes full legal responsibility for the content provided.

11. Indemnification

The Client agrees to indemnify, defend, and hold harmless Top Moments, its owners, employees, and affiliates from any claims, damages, losses, or expenses arising from:

  • Submitted content
  • Copyright disputes
  • Misuse of the Service
  • Violation of these Terms

This includes legal fees and litigation costs.

12. Intellectual Property

All editing processes, systems, templates, workflows, and distribution infrastructure used by Top Moments remain the exclusive intellectual property of the Company.

Clients may not copy, reproduce, or reverse engineer these systems.

13. Marketing Rights

Top Moments may use created Clips, channel performance data, or client collaborations for promotional materials, marketing, case studies, and portfolio displays — unless otherwise agreed in writing.

14. Service Availability

The Service is provided "as available" and "as is."

Top Moments may modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

15. Termination

Either party may terminate the Service at any time, for any reason.

If the Client cancels, or Top Moments terminates without cause, the Client will receive a prorated refund of any prepaid, unused portion of the current billing period, and service ends upon termination.

Top Moments may terminate service immediately and without refund for cause, including:

  • Non-payment
  • Submission of illegal content or copyright violations
  • Abusive or threatening behavior toward our team
  • Material violation of these Terms

Sections 5 (License), 6 (Account Ownership and Revenue), 11 (Indemnification), 16 (Limitation of Liability), and 17 (Arbitration) survive termination.

16. Limitation of Liability

To the maximum extent permitted by law, Top Moments shall not be liable for any indirect damages, lost profits, lost revenue, lost views, or lost followers.

Total liability shall never exceed the amount paid by the Client during the previous 30 days.

17. Arbitration Agreement and Class Action Waiver

Any dispute arising from or relating to these Terms or the Service shall be resolved through final and binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court where eligible.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the seat of arbitration in New York, New York. Arbitration may be conducted remotely where the rules permit.

Both parties waive the right to a jury trial and the right to participate in any class action, class arbitration, or representative proceeding. All disputes shall be brought on an individual basis only.

18. Governing Law

These Terms shall be governed by the laws of the State of New York, United States, without regard to its conflict-of-law principles.

19. Changes to These Terms

Top Moments may update these Terms at any time. Continued use of the Service after updates constitutes acceptance of the revised Terms.

20. Contact

For questions regarding these Terms, contact:

Top Moments LLC
Email: support@topmoments.gg