Terms of Service.
1. Acceptance of Terms
Welcome to Momentm! These Terms of Service ("Terms") govern your access to and use of the Momentm mobile application ("App") and related services (collectively, the "Service") operated by Mini Motion AI ("Company," "we," "us," or "our").
By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App or by other reasonable means. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
2. Eligibility
To use the Service, you must:
- Be at least 13 years of age. If you are between 13 and 18 years old, you must have parental or guardian consent to use the Service.
- Have the legal capacity to enter into a binding agreement.
- Not be prohibited from using the Service under applicable law.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
3. Account Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your login credentials secure and confidential.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.
4. Service Description
Momentm is an AI-powered fitness application that generates personalized workout plans using artificial intelligence and large language models (LLMs). The Service may include:
- AI-generated workout plan creation based on user preferences and goals
- Workout session tracking and progress monitoring
- Fitness goal setting and management
- Integration with health platforms (Apple Health, Google Fit)
- Premium subscription features
4.1 AI-Generated Content
The workout plans and fitness recommendations provided by the Service are generated using artificial intelligence technology. You acknowledge and understand that:
- AI-generated content is based on algorithms and machine learning models.
- Results are approximations and may not be perfect or suitable for every individual.
- AI systems may occasionally produce incorrect, incomplete, or suboptimal recommendations.
- AI-generated plans should be adapted based on your individual circumstances and capabilities.
5. Health and Fitness Disclaimer
IMPORTANT: READ THIS SECTION CAREFULLY.
5.1 Not Medical Advice
The Service is designed for general fitness and wellness purposes only. Momentm does not provide medical advice, diagnosis, treatment, or professional health services. The workout plans, exercise recommendations, and fitness information provided through the Service:
- Are for educational and informational purposes only.
- Are not intended to diagnose, treat, cure, or prevent any disease or health condition.
- Should not be considered a substitute for professional medical advice, diagnosis, or treatment.
- Do not create a healthcare provider-patient relationship.
5.2 Consult Your Healthcare Provider
Before beginning any exercise program, including workouts generated by Momentm, you should:
- Consult with a qualified healthcare provider or physician.
- Discuss your fitness plans if you have any medical conditions, injuries, or physical limitations.
- Seek immediate medical attention if you experience pain, discomfort, or adverse symptoms during exercise.
This is especially important if you:
- Have heart disease, high blood pressure, or other cardiovascular conditions
- Are pregnant or nursing
- Have diabetes or other metabolic conditions
- Have bone, joint, or muscular conditions
- Are recovering from surgery or injury
- Take medications that may affect your physical performance
- Have not exercised regularly in the past
5.3 Assumption of Risk
By using the Service, you acknowledge and agree that:
- Physical exercise carries inherent risks, including the risk of injury, illness, or death.
- You voluntarily assume all risks associated with any physical activities you undertake based on the Service.
- You are solely responsible for determining whether any workout or exercise is appropriate for your fitness level and health status.
- We are not responsible for any injuries, damages, or adverse health effects that may result from your use of the Service.
5.4 AI Limitations
You understand that AI-generated workout recommendations:
- Are automated approximations and may be inaccurate or incomplete.
- Cannot account for all individual health conditions, limitations, or circumstances.
- May not be suitable for your specific situation without modification.
- Are not a substitute for guidance from certified fitness professionals or personal trainers.
6. User Content
6.1 Your Content
"User Content" means any information, data, text, photos, or other content you submit, upload, or provide through the Service, including:
- Profile information (name, age, height, weight, fitness goals)
- Workout logs and exercise data
- Progress photos and measurements
- Feedback and communications
6.2 License Grant
By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, process, adapt, modify, publish, and display such User Content for the purposes of:
- Operating and providing the Service
- Improving and developing new features
- Analyzing usage patterns and trends (in aggregated or anonymized form)
- Training and improving our AI models (see Section 6.3)
6.3 AI Training
You acknowledge that:
- Workout data and fitness preferences may be used in anonymized, aggregated form to improve our AI algorithms and workout generation models.
- Personal identifiers (name, email, photos that identify you) will not be used for AI training without explicit consent.
- Progress photos and images that may contain your likeness are excluded from AI model training.
You may request exclusion from AI training by contacting us at support@minimotionai.com.
6.4 Your Responsibilities
You represent and warrant that:
- You own or have the necessary rights to your User Content.
- Your User Content does not violate the rights of any third party.
- Your User Content does not contain unlawful, harmful, or objectionable material.
7. Prohibited Activities
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms.
- Impersonate any person or entity or misrepresent your affiliation.
- Upload viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to the Service or related systems.
- Interfere with or disrupt the Service or servers.
- Reverse engineer, decompile, or disassemble the Service.
- Use the Service for competitive analysis or to build a competing product.
- Scrape, harvest, or collect data from the Service without authorization.
- Use automated systems (bots, scrapers) to access the Service.
- Circumvent any security features or access controls.
- Share your account credentials with others.
8. Intellectual Property
8.1 Our Property
The Service, including all software, algorithms, designs, text, graphics, logos, and other content (excluding User Content), is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.
8.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without any obligation to you.
9. Subscriptions and Payments
9.1 Premium Features
Certain features of the Service require a paid subscription ("Premium"). Premium subscriptions are billed on a recurring basis (monthly or annually) as selected at the time of purchase.
9.2 Billing
- Subscriptions are processed through the Apple App Store or Google Play Store.
- By purchasing a subscription, you authorize recurring charges to your payment method.
- You agree to pay all applicable fees and taxes.
9.3 Auto-Renewal
Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions through your device's app store settings.
9.4 Free Trials
If offered a free trial, you must cancel before the trial ends to avoid being charged. Free trials automatically convert to paid subscriptions unless cancelled.
9.5 Refunds
All purchases are final and non-refundable, except:
- As required by applicable law (including EU/UK 14-day cooling-off period for eligible purchases).
- At our sole discretion for exceptional circumstances.
Refund requests should be directed to the applicable app store (Apple or Google).
9.6 Price Changes
We reserve the right to change subscription prices. We will provide reasonable notice of price changes, and changes will apply to subsequent billing periods after the notice.
10. Third-Party Services
10.1 Integrations
The Service may integrate with third-party services, including:
- Apple Health (HealthKit)
- Google Fit / Health Connect
- Other fitness tracking platforms
Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for third-party services.
10.2 Links
The Service may contain links to third-party websites or services. We do not endorse and are not responsible for any third-party content, products, or services.
11. Disclaimers
11.1 "As Is" Service
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of any content
- Uninterrupted or error-free operation
11.2 No Guarantees
We do not guarantee that:
- The Service will meet your requirements or expectations.
- The Service will be available at all times or in all locations.
- AI-generated workout plans will achieve any particular fitness results.
- Any errors or defects will be corrected.
12. Limitation of Liability
12.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Any damages arising from your reliance on AI-generated content
- Service interruptions, outages, or technical failures
- Unauthorized access to or alteration of your data
12.2 Liability Cap for Non-Injury Claims
FOR CLAIMS NOT INVOLVING PERSONAL INJURY OR BODILY HARM (such as service outages, lost data, billing disputes, or other non-physical damages), our total liability shall not exceed the greater of:
- The amount you paid to us in the twelve (12) months preceding the claim, or
- One hundred US dollars ($100)
12.3 Personal Injury Claims
THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR BODILY HARM. Nothing in these Terms is intended to limit or exclude liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be limited or excluded under applicable law (including California Civil Code Section 1668 and applicable consumer protection laws)
For personal injury claims, your rights and remedies are governed by applicable law. However, your use of the Service remains subject to all health disclaimers, assumption of risk provisions, and your obligation to consult healthcare professionals as described in Section 5 of these Terms.
12.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. If you are a consumer in the European Union, European Economic Area, or United Kingdom, you have statutory rights that cannot be waived, and nothing in these Terms affects those rights.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
- Any injury or harm resulting from physical activities undertaken based on the Service
14. Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
14.2 Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in San Francisco, California, or at another mutually agreed location.
14.3 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14.4 Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@minimotionai.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out.
15. Termination
15.1 By You
You may terminate your account at any time by deleting your account through the App settings or by contacting us at support@minimotionai.com.
15.2 By Us
We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including:
- Violation of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Technical or security reasons
- Requests by law enforcement or government agencies
15.3 Effect of Termination
Upon termination:
- Your license to use the Service terminates immediately.
- We may delete your account and User Content.
- You remain responsible for any outstanding payments.
- Sections that by their nature should survive termination will survive (including disclaimers, limitation of liability, and dispute resolution).
Note: Deleting your account does not automatically cancel your subscription. You must cancel subscriptions separately through the app store.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
16.5 Notices
We may provide notices to you through the App, by email, or by other reasonable means. You may contact us at:
Mini Motion AI
Email: support@minimotionai.com
Website: https://momentm.fit
17. Contact Us
If you have questions about these Terms, please contact us:
- Email: support@minimotionai.com
- Website: https://momentm.fit
By using Momentm, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.