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AGREEMENT TO OUR LEGAL TERMS

We are Momentum: AI Calendar (“Company,” “we,” “us,” “our”), a company registered in California, United States at Ladera Ranch, Ladera Ranch, CA 92694.

We operate the mobile application Momentum: AI Calendar (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at 949-533-8013, email at app.momentum.mobile@gmail.com, or by mail to Ladera Ranch, Ladera Ranch, CA 92694, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Momentum: AI Calendar, concerning your access to and use of the Services. By accessing the Services, you agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, DO NOT USE THE SERVICES.

Supplemental terms or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after posting of revised Legal Terms means you accept the changes.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services.

We recommend that you print a copy of these Legal Terms for your records.

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TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PURCHASES AND PAYMENT

6. SUBSCRIPTIONS

7. PROHIBITED ACTIVITIES

8. AI SERVICES AND LIMITATIONS

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. MOBILE APPLICATION LICENSE

13. SERVICES MANAGEMENT

14. PRIVACY POLICY

15. TERM AND TERMINATION

16. MODIFICATIONS AND INTERRUPTIONS

17. GOVERNING LAW

18. DISPUTE RESOLUTION

19. CORRECTIONS

20. DISCLAIMER

21. LIMITATIONS OF LIABILITY

22. INDEMNIFICATION

23. USER DATA

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

25. CALIFORNIA USERS AND RESIDENTS

26. MISCELLANEOUS

27. CONTACT US

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1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). Do not use the Services in any way that would violate the GLBA.

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2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright, trademark, and other laws in the United States and worldwide. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms (including 7. PROHIBITED ACTIVITIES), we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

For permissions, contact: app.momentum.mobile@gmail.com. If permission is granted, you must identify us as the owner/licensor and ensure any copyright or proprietary notice is visible.

We reserve all rights not expressly granted.

Any breach of this Section constitutes a material breach and will terminate your right to use the Services immediately.

Your submissions

Submissions. By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. We shall own the Submissions and may use them for any lawful purpose, without acknowledgment or compensation. Your responsibility. By sending Submissions you:

• confirm you have read and agree with 7. PROHIBITED ACTIVITIES;
• waive any moral rights to such Submissions (to the extent permitted by law);
• warrant that Submissions are original to you or you have the necessary rights; and
• warrant that Submissions are not confidential.

You are solely responsible for your Submissions and agree to reimburse us for losses arising from your breach of this Section, any third-party IP rights, or applicable law.

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3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• all registration information you submit is true, accurate, current, and complete;
• you will maintain the accuracy of such information;
• you have legal capacity and agree to these Legal Terms;
• you are not under 13;
• if a minor, you have parental permission;
• you will not access the Services through automated or non-human means;
• you will not use the Services for any illegal or unauthorized purpose; and
• your use will not violate any applicable law or regulation.

If any information is untrue, inaccurate, not current, or incomplete, we may suspend/terminate your account and refuse current or future use of the Services.

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4. USER REGISTRATION

You may be required to register. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username we deem inappropriate, obscene, or otherwise objectionable.

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5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Apple Pay
• Credit / Debit Card

You agree to provide current, complete, and accurate purchase and account information for all purchases. Update account and payment information as needed. Sales tax will be added where required. Prices may change at any time. All payments are in US dollars.

You agree to pay all charges at the prices in effect at the time of your purchase. We may correct errors or mistakes in pricing, even if payment has been requested or received.

We may refuse any order. We may limit or cancel quantities per person, household, or order (e.g., same account, payment method, billing/shipping address). We may limit or prohibit orders placed by dealers, resellers, or distributors.

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6. SUBSCRIPTIONS

Billing and Renewal

Your subscription continues and automatically renews unless canceled. You authorize recurring charges to your payment method until you cancel. Billing cycle: monthly.

Free Trial

We offer a 7-day free trial to new users. The account will be charged according to the chosen subscription at the end of the free trial.

Cancellation

All purchases are non-refundable. You can cancel via the iOS App Store Subscriptions page. Cancellation takes effect at the end of the current paid term. Questions: app.momentum.mobile@gmail.com.

Fee Changes

We may change subscription fees and will communicate price changes as required by law.

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7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used with any commercial endeavor except those endorsed or approved by us.

As a user, you agree not to (examples, not exhaustive):

• systematically retrieve data or content to create a database without our written permission;
• trick, defraud, or mislead us or other users;
• circumvent, disable, or interfere with security-related features;
• disparage, tarnish, or harm us and/or the Services;
• harass, abuse, or harm another person using information from the Services;
• misuse support services or submit false reports;
• use the Services contrary to laws or regulations;
• engage in unauthorized framing or linking;
• upload or transmit viruses, Trojan horses, spam, or disruptive material;
• use automated systems (scripts, bots, scrapers) without authorization;
• delete copyright or proprietary notices;
• impersonate another user or person;
• upload spyware or passive collection mechanisms;
• interfere with or burden the Services or networks;
• harass or threaten our employees or agents;
• bypass access measures;
• copy or adapt the Services’ software;
• reverse engineer (except as permitted by law);
• use spiders/robots/cheat utilities/offline readers without authorization;
• use a buying agent or purchasing agent;
• collect user emails/usernames for unsolicited email;
• create accounts by automated means or under false pretenses;
• use the Services to compete with us or for revenue-generating endeavors not permitted;
• sell or transfer your profile;
• use the Services to advertise or offer to sell goods/services.

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8. AI SERVICES AND LIMITATIONS

USE AT YOUR OWN RISK: The Services incorporate artificial intelligence and machine learning technologies to provide calendar management, scheduling suggestions, task recommendations, and other features. YOU ACKNOWLEDGE AND AGREE THAT:

1. Accuracy Not Guaranteed: AI-generated content, suggestions, predictions, and recommendations may be inaccurate, incomplete, outdated, or unreliable. We make no representations or warranties regarding the accuracy, reliability, or completeness of any AI-generated content.

2. Verification Required: You are solely responsible for reviewing, verifying, and validating all AI-generated suggestions, calendar entries, appointments, reminders, and recommendations before relying on them or taking action based on them.

3. No Substitute for Human Judgment: The AI Services are tools to assist you and are not a substitute for your own judgment, decision-making, or manual calendar management. Critical appointments, deadlines, and events should be verified independently.

4. Third-Party AI Services: We may use third-party AI service providers (including Google Cloud AI). These providers operate under their own terms and policies. We are not responsible for the performance, accuracy, or availability of third-party AI services.

5. Learning and Evolution: AI models may evolve and change over time. Performance, accuracy, and functionality may vary and are not guaranteed to remain consistent.

6. No Liability for AI Errors: We are not liable for any consequences arising from AI errors, including but not limited to: missed appointments, incorrect scheduling, failed reminders, erroneous task prioritization, or any other AI-generated content or suggestions.

7. Data Processing: By using AI features, you consent to your data being processed by AI systems as described in our Privacy Policy. AI processing may involve analyzing your calendar data, usage patterns, and other information you provide.

8. No Professional Advice: AI-generated content does not constitute professional advice of any kind (medical, legal, financial, etc.). Do not rely on AI features for critical decisions without consulting qualified professionals.

You agree to hold us harmless for any claims, damages, or losses arising from your use of or reliance on AI-generated content or AI features of the Services. ---

9. USER GENERATED CONTRIBUTIONS

The Services do not offer users to submit or post content by default. We may nevertheless provide opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content or materials ("Contributions"). Contributions may be viewable by others and may be treated in accordance with our Privacy Policy.

By making Contributions, you represent and warrant that, among other things, you own or have rights to your Contributions; they do not infringe third-party rights; they are not false or misleading; they comply with law; and they are not obscene, harassing, or otherwise objectionable.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights.

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10. CONTRIBUTION LICENSE

You and the Services agree we may access, store, process, and use information and personal data you provide, consistent with the Privacy Policy and your choices.

By submitting suggestions or feedback, you agree we can use and share such feedback for any purpose without compensation.

We do not claim ownership over your Contributions. You retain full ownership and associated IP/proprietary rights. You are solely responsible for your Contributions and agree to exonerate us from responsibility and refrain from legal action regarding your Contributions.

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11. GUIDELINES FOR REVIEWS

If reviews/ratings are enabled, you must:

• have firsthand experience;
• avoid profanity, abusive, racist, or hateful language;
• avoid discriminatory references;
• avoid references to illegal activity;
• not be affiliated with competitors when posting negative reviews;
• not make legal conclusions;
• not post false or misleading statements;
• not organize campaigns to post reviews.

We may accept, reject, or remove reviews at our discretion. Reviews do not represent our opinions. By posting a review, you grant us a perpetual, worldwide, royalty-free, assignable, sublicensable license to use content relating to the review.

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12. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, we grant a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own/control and to access the App strictly under these Legal Terms. You shall not (examples):

• decompile, reverse engineer, disassemble, derive source, or decrypt the App (except as permitted by law);
• modify, adapt, enhance, translate, or create derivative works;
• violate laws using the App;
• remove/alter proprietary notices;
• use the App for revenue-generating endeavors not intended;
• make the App available over a network permitting simultaneous access;
• create a product/service/software competitive with or substitutive for the App;
• send automated queries or unsolicited commercial email;
• use our proprietary information or interfaces to design/develop/manufacture/license/distribute apps/accessories/devices for use with the App.

Apple and Android Devices

When using the App from an App Distributor (Apple App Store or Google Play):

• the license is limited to a non-transferable license on a device using iOS or Android per the distributor’s terms;
• we are responsible for maintenance/support as required by law; distributors have no such obligation;
• in case of nonconformity, you may notify the distributor for a refund (if any); distributors have no other warranty obligations;
• you are not in a sanctioned country and not on any US prohibited list;
• you must comply with applicable third-party terms;
• App Distributors are third-party beneficiaries of this license and may enforce it.

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13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

• monitor the Services for violations;
• take legal action against violators;
• refuse/restrict/limit/disable any Contributions;
• remove or disable files/content that are excessive or burdensome;
• otherwise manage the Services to protect our rights and ensure proper functioning.

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14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:

https://octagonn.github.io/Momentum-AI-Calendar-TC-PP/privacy-policy.html

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in the United States. If you access from other regions with different data laws, you are transferring your data to the US and consent to processing in the US.

We do not knowingly solicit information from children under 13. If we learn that a child under 13 has provided personal information without verifiable parental consent, we will delete it promptly.

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15. TERM AND TERMINATION

These Legal Terms remain in full force while you use the Services. We may, in our sole discretion and without notice, deny access to and use of the Services (including blocking IP addresses) for any reason, including breach of these Legal Terms or law. We may terminate your use or delete your account and any content at any time, without warning.

If we terminate or suspend your account, you are prohibited from registering a new account under your name or any third party's name. We also reserve the right to pursue civil, criminal, and injunctive remedies.

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16. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove the contents of the Services at any time for any reason, without notice, and have no obligation to update information. We are not liable for any modification, price change, suspension, or discontinuance.

We cannot guarantee the Services will be available at all times. We may experience issues or perform maintenance. We are not liable for any loss or inconvenience caused by downtime. Nothing obligates us to maintain or support the Services or provide updates.

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17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of California, without regard to conflict-of-law principles.

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18. DISPUTE RESOLUTION

Informal Negotiations

Before arbitration, the Parties agree to attempt to resolve any dispute, controversy, or claim (“Dispute”) informally for at least thirty (30) days after written notice.

Binding Arbitration

If unresolved, Disputes will be finally and exclusively resolved by binding arbitration under the AAA Commercial Arbitration Rules and, where appropriate, the AAA Consumer Rules. Fees and compensation are governed by the AAA Consumer Rules. Arbitration may be in person, by documents, phone, or online. The arbitrator will issue a written decision and must follow applicable law. Unless otherwise required, arbitration will take place in Orange County, California.

If a Dispute proceeds in court, it shall be brought in the state or federal courts located in Orange County, California. Parties consent to jurisdiction and venue there. CISG and UCITA do not apply.

No Dispute may be brought more than one (1) year after it arose. If any portion of this Section is illegal or unenforceable, that portion will be decided by a court of competent jurisdiction in the courts listed above.

Restrictions

Arbitration shall be limited to the Parties individually: no class actions, no representative actions, and no consolidation with other proceedings, to the full extent permitted by law.

Exceptions

The following are not subject to informal negotiations/arbitration: (a) intellectual property rights enforcement or validity; (b) theft, piracy, invasion of privacy, or unauthorized use; and (c) injunctive relief.

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19. CORRECTIONS

Information on the Services may contain typographical errors, inaccuracies, or omissions (e.g., descriptions, pricing, availability). We reserve the right to correct and update any information at any time without prior notice.

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20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranties regarding accuracy or completeness and assume no liability for errors, personal injury or property damage, unauthorized access, interruptions, bugs/viruses, or losses from content posted/transmitted via the Services. We do not endorse or assume responsibility for any third-party product/service advertised or offered through the Services or any linked site/app. AI-GENERATED CONTENT DISCLAIMER: The Services use artificial intelligence to provide calendar suggestions, scheduling recommendations, and other features. AI-GENERATED CONTENT MAY BE INACCURATE, INCOMPLETE, OR UNRELIABLE. You are solely responsible for verifying all information, calendar entries, appointments, reminders, and suggestions before relying on them. WE ARE NOT LIABLE FOR ANY MISSED APPOINTMENTS, SCHEDULING ERRORS, INCORRECT REMINDERS, OR ANY CONSEQUENCES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT OR CALENDAR FUNCTIONALITY. NO MEDICAL, LEGAL, OR PROFESSIONAL ADVICE: The Services do not provide medical, legal, financial, or any other professional advice. Any health, fitness, or wellness features are for informational purposes only. Consult appropriate professionals for specific advice. USER RESPONSIBILITY: You acknowledge that you are solely responsible for managing your schedule, verifying appointments, and ensuring the accuracy of all information entered into or generated by the Services. Use your best judgment and verify all critical information independently. ---

21. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, REVENUE, DATA, BUSINESS INTERRUPTION, MISSED APPOINTMENTS, SCHEDULING CONFLICTS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

SPECIFICALLY, WE ARE NOT LIABLE FOR:

• Missed appointments, meetings, deadlines, or events
• Scheduling errors or conflicts
• Inaccurate AI-generated suggestions or recommendations
• Calendar synchronization failures
• Data loss or corruption
• Reliance on any information provided by the Services
• Integration failures with third-party calendars or services
• Notification or reminder failures

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, IS LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, OR (B) $100 USD.

YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR MANUAL CALENDAR MANAGEMENT OR PROFESSIONAL TIME MANAGEMENT ADVICE. You are responsible for maintaining backup systems and verifying critical appointments independently.

Some jurisdictions do not allow limitations on implied warranties or exclusions/limitations of certain damages; these may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

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22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless (including subsidiaries, affiliates, officers, agents, partners, and employees) from and against any loss, damage, liability, claim, or demand (including reasonable attorneys' fees) made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) breach of your representations and warranties; (4) violation of a third party's rights; or (5) any harmful act toward any user you connected with via the Services. We may assume exclusive defense and control of any matter subject to indemnification at your expense.

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23. USER DATA

We will maintain certain data you transmit to the Services for performance management, as well as data relating to your use. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activities. We have no liability for any loss or corruption of such data.

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24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy legal requirements for written communication. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices and records.

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25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

• Address: 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834
• Phone: (800) 952-5210 or (916) 445-1254

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26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all rights and obligations at any time. We are not responsible for any failure to act due to causes beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is severable. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms. You waive any defenses based on the electronic form of these Legal Terms and lack of signing by the parties.

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27. CONTACT US

To resolve a complaint or receive further information regarding the Services, please contact us:

Momentum: AI Calendar

Ladera Ranch

Ladera Ranch, CA 92694

United States

Phone: 949-533-8013 Email: app.momentum.mobile@gmail.com