Terms of Service

Momentum Finance LLC

Effective Date: [INSERT DATE WHEN LLC IS APPROVED]

Last Updated: [INSERT DATE]

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1. Acceptance of Terms

By downloading, installing, or using the Momentum mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Momentum Finance LLC ("Momentum," "we," "us," or "our"), a Wyoming limited liability company.

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2. Description of Service

Momentum is a personal finance tracking application that helps users:

• Track spending, savings, and financial goals.
• View financial progress through a gamified experience (momentum score, streaks, challenges, and badges).
• Link bank accounts to automatically import transactions (via Plaid).
• Receive personalized financial insights and coaching.
• Subscribe to premium features via paid plans.

Momentum is NOT a financial advisor, bank, broker, or investment platform. The App provides informational tools for personal budgeting and tracking purposes only. See Section 9 for full disclaimers.

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3. Eligibility

• You must be at least 18 years of age to use the App.
• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the security of your account credentials.
• You may not create more than one account per person.

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4. Account Registration and Security

4.1 Account Creation

You may create an account using your email address and a password, or through third-party sign-in providers (Google, Apple). You agree to provide accurate information and keep it updated.

4.2 Account Security

You are responsible for all activity that occurs under your account. You agree to:

• Keep your password confidential and secure.
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Not share your account with others.

We are not liable for any loss or damage arising from your failure to maintain account security.

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5. Subscription Plans and Payments

5.1 Plans

The App offers the following subscription tiers:

Prices are in US dollars and may be updated with 30 days' prior notice.

5.2 Billing

• Subscriptions are billed monthly through Stripe.
• Your subscription automatically renews each billing period unless canceled.
• Payment is charged at the beginning of each billing cycle.

5.3 Cancellation

• You may cancel your subscription at any time through the App's Settings or Stripe's customer portal.
• Cancellation takes effect at the end of the current billing period. You will retain access to paid features until then.
• No refunds are provided for partial billing periods.

5.4 Free Trials and Promotional Access

• We may offer free trials or promotional codes granting temporary access to premium features.
• Trial periods and terms will be specified at the time of the offer.
• We reserve the right to modify or discontinue trials and promotions at any time.

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6. Bank Account Linking (Plaid)

6.1 Plaid Integration

The App uses Plaid Inc. to enable bank account linking. By choosing to link your bank account:

• You authorize Plaid to access your financial account information on your behalf.
• You acknowledge that your bank credentials are provided directly to Plaid and are never stored by Momentum.
• You agree to Plaid's End User Privacy Policy.

6.2 Data from Plaid

We receive the following data from Plaid:

• Account balances and metadata (account name, type).
• Transaction history (date, amount, merchant name, category).

We use this data solely to provide App functionality (transaction tracking, spending analysis, goal progress).

6.3 Disconnecting

You may disconnect your bank account at any time through the App's Settings. Upon disconnection, we will stop receiving new data from Plaid. You may also request deletion of previously synced data by contacting us.

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7. User Conduct

You agree NOT to:

• Use the App for any unlawful purpose.
• Attempt to gain unauthorized access to the App, its servers, or other users' accounts.
• Reverse-engineer, decompile, or disassemble the App.
• Use automated systems (bots, scrapers) to access the App.
• Interfere with or disrupt the App's operation or infrastructure.
• Upload or transmit viruses, malware, or other harmful code.
• Impersonate any person or entity.
• Use the App to launder money or engage in fraudulent financial activity.

Violation of these terms may result in immediate account termination.

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8. Intellectual Property

8.1 Our Property

The App, including its design, code, features, content, logos, and branding, is the property of Momentum Finance LLC and is protected by copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain ownership of the financial data and content you input into the App. By using the App, you grant us a limited, non-exclusive license to use your data solely to provide and improve the App's services to you.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us the right to use them without obligation or compensation to you.

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9. Disclaimers

9.1 Not Financial Advice

THE APP IS NOT A FINANCIAL ADVISOR, INVESTMENT ADVISOR, TAX ADVISOR, OR LICENSED FINANCIAL PROFESSIONAL. All information, insights, coaching tips, and recommendations provided by the App are for informational and educational purposes only and should not be construed as financial advice.

You should consult a qualified financial professional before making any financial decisions.

9.2 Accuracy of Financial Data

While we strive to display accurate financial data, we cannot guarantee the accuracy, completeness, or timeliness of information received from third-party services (including Plaid). Transaction categorization is automated and may contain errors.

9.3 No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.

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10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Momentum Finance LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.
• Our total aggregate liability arising from or related to these Terms or your use of the App shall not exceed the greater of: (a) the total fees you paid to us in the 12 months preceding the claim, or (b) $100.
• We are not liable for any loss or damage resulting from:

- Your reliance on information provided by the App.

- Errors in financial data received from Plaid or other third parties.

- Unauthorized access to your account due to your failure to maintain security.

- Service interruptions, downtime, or data loss.

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11. Indemnification

You agree to indemnify and hold harmless Momentum Finance LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any third-party rights.

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12. Termination

12.1 By You

You may delete your account at any time through the App or by contacting us at [email protected].

12.2 By Us

We may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms.
• Fraudulent or illegal activity.
• Extended inactivity (12+ months with no login).
• Any reason at our sole discretion.

12.3 Effect of Termination

Upon termination:

• Your right to use the App ceases immediately.
• We will delete your data in accordance with our Privacy Policy.
• Any active subscription will be canceled (no refund for the current period).
• Sections 8-11 and 13-14 survive termination.

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13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

13.2 Arbitration

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• Arbitration will be conducted in English.
• The arbitrator's decision will be final and binding.
• You and Momentum each waive the right to a jury trial.
• You and Momentum each waive the right to participate in a class action.

13.3 Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive relief in any court of competent jurisdiction.

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14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Momentum regarding the App.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms. We may assign our rights without restriction.
• Notices: We may send you notices via email, push notification, or in-App messaging.

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15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms in the App.
• Updating the "Last Updated" date above.
• Sending a notification for significant changes.

Your continued use of the App after changes constitutes acceptance of the updated Terms.

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16. Contact Us

If you have questions about these Terms, contact us:

Momentum Finance LLC

Email: [email protected]

Website: https://momentumfinance.app

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These Terms of Service were last updated on [INSERT DATE].