Terms of Service

Last updated April 27, 2025

<ol class="c8 lst-kix_list_1-0 start" start="1"><li class="c1 li-bullet-0"><h6 style="display:inline">ACCEPTANCE OF TERMS</h6></li></ol>Momentum Apps Ltd. (“Momentum”, “our”, “we” or “us”) offers users (“User”, “you” or “your”) personalized training program through our mobile application (“Application”) and our website at try-momentum.com (collectively, the “Services”), all in accordance with the terms and conditions hereunder. By entering to, connecting to, accessing or using the Services, you acknowledge that you have read and understood the following Terms of Use (the “Terms of Use”). Your access to and use of our Services is also subject to our Privacy Policy (collectively, with the Terms of Use, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Momentum and you. ATTENTION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, REGISTERING FOR A TRIAL OF THE SERVICES, OR OTHERWISE SUBMITTING AND/OR MAKING AVAILABLE ANY CONTENT OR INFORMATION, INCLUDING WITHOUT LIMITATION, ANY INFORMATION RELATING TO YOU SUCH AS NAME, REGISTATION INFORMATION, PAYMENT INFORMATION, AND ANY OTHER MATERIALS THROUGH THE SERVICES (“SUBMITTED DATA”). USERS ARE EXCLUSIVELY NATURAL PERSONS THAT USE THE SERVICES FOR THEIR OWN PERSONAL ACTIVITY. BY USING THE SERVICES, OR OTHERWISE MAKING AVAILABLE ANY DATA, YOU CONSENT TO BE BOUND BY THESE TERMS AND CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT ACCESS OR USE THE APPLICATION OR REGISTER FOR THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOMENTUM. BY ACCEPTING THESE TERMS, YOU CONFIRM YOUR UNDERSTANDING THAT NOTHING PROVIDED BY SERVICES CONSTITUTES A MEDICAL SERVICE. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICES WOULD BE SAFE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICES AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING. THE SERVICES MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. YOU ACKNOWLEDGE THAT MOMENTUM EXERCISE PLANS INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING MOMENTUM SERVICES, YOU AGREE TO RELEASE AND DISCHARGE MOMENTUM FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICES. MOMENTUM IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICES. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. <ol class="c8 lst-kix_list_1-0" start="2"><li class="c1 li-bullet-0"><h6 style="display:inline">THE SERVICES</h6></li></ol><ol class="c8 lst-kix_list_1-1 start" start="1"><li class="c4 li-bullet-1" id="h.30j0zll">Scope and Applicability. Subject to the terms and conditions of these Terms and your compliance with your payment obligations, Momentum hereby grants to you a worldwide, non-exclusive, non-transferable, non-sublicensable, fully revocable, right to access and use the Services for your personal use.</li></ol><ol class="c8 lst-kix_list_1-1" start="2"><li class="c4 li-bullet-1">You are solely and fully responsible for maintaining the confidentiality of your login credentials (email, username and password) of your account, and for all activities that occur under your account. You agree not to disclose your login credentials to any third party.</li></ol><ol class="c8 lst-kix_list_1-0" start="3"><li class="c1 li-bullet-0"><h6 style="display:inline">SUBSCRIPTION TO THE SERVICES; PAYMENTS</h6></li></ol><ol class="c8 lst-kix_list_1-1" start="3"><li class="c4 li-bullet-1">In consideration for your continued subscription to access and use the Application, you shall pay Momentum the amounts set forth in the subscription plan you chose through the Services (the “Fees”). The processing of payments shall be facilitated via a third-party service providers which we will make available through the Services (“Payment Processors”). By choosing to proceed with a Payment Processor, you agree to be bound by such Payment Processor’s terms of use and privacy policy. In no event will Momentum be responsible for the actions or inactions of any Payment Processor, including, but not limited to, system downtime or payment service outages. Some Payment Processors may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of payments. If you choose to pay with Apple's in-app purchase option, your payment and subscription will be managed by Apple via your personal Apple account; please note that if you choose to "Remove Personal Data" through your personal Apple account, your account will be deleted but your Momentum subscription will remain in effect. Local tax charges may vary depending on the laws applicbale to you and the Payment Processor used. You understand that if you fail to pay the Fees, then Momentum reserves the right to discontinue your use of the Services with immediate effect. </li></ol><ol class="c8 lst-kix_list_1-1" start="4"><li class="c4 li-bullet-2">Discounts and Promotions. We may offer you to subscribe to our Services at a reduced price, at our sole discretion (“Discount(s)”). Any offer for a Discount constitutes a one-time discount offer and is only valid for the time in which it is displayed to you. Momentum may amend or remove Discount offers at any time, at its discretion. Unless you cancel your subscription before the end of the applicable Discount period, your subscription will automatically renew and you will be charged the standard, non-discounted rate for the subscription plan you selected. The payment method you provided will then automatically be charged for the subscription price you selected. If you cancel the subscription for the Services during your Discount period, your access to the Services will be terminated at the end of the then-current subscription period.</li></ol><ol class="c8 lst-kix_list_1-1" start="5"><li class="c4 li-bullet-1">To the extent permitted by the applicable law, Fees are non-cancelable and non-refundable, and we do not provide refunds or credits for any partial subscription periods or unused Services. We may change the Services subscription plans and/or increase the Fees from time to time, following providing you prior notice, which changes will apply to your next Services subscription billing.</li></ol><ol class="c8 lst-kix_list_1-1" start="6"><li class="c4 li-bullet-1">By signing up for subscription to the Services, you agree that your subscription will be automatically renewed. Unless User’s subscription is terminated (either by User or Momentum) before the subscription’s next billing date, the subscription shall be automatically renewed for an additional period(s) in accordance with the subscription plan selected by you; User will be committed to paying the subscription Fees for the next billing cycle and hereby authorizes Momentum to charge the applicable payment method provided by User with the applicbale amounts. You may terminate the Momentum Services subscription by following the instructions available through the Services. If you terminate the Momentum subscription, your license to access and use the Application will no longer be available at the end of your then-current billing period. For the avoidance of doubt, User will still be liable to pay any Fees committed under the applicable subscription plan until the end of the then-current subscription period, regardless of usage and/or termination of the account by User. Please note that terminating your Application account may cause the loss and/or unavailability of content, features, or capacity with regard to your Application account. Momentum shall not be liable in any way for such unavailability and/or loss.</li></ol><ol class="c8 lst-kix_list_1-1" start="7"><li class="c4 li-bullet-1">Money-Back Guarantee. We are confident in the effectiveness of our fitness exercise plans. If you do not see measurable results after following your personalized plan for at least four (4) consecutive weeks, you may request a full refund within seven (7) days of completing the four-week period. To qualify, you must provide evidence of adherence to the program, such as progress logs or activity records. This guarantee applies only to the first four weeks of your initial subscription and is limited to one refund per User. Refund requests can be submitted via support@try-mometum.com, and we reserve the right to assess eligibility on a case-by-case basis.</li></ol><ol class="c8 lst-kix_list_1-0" start="4"><li class="c1 li-bullet-0"><h6 style="display:inline">INTELLECTUAL PROPERTY; LICENSE </h6></li></ol><ol class="c8 lst-kix_list_1-1" start="8"><li class="c4 li-bullet-1">Momentum Intellectual Property. All rights, including intellectual property rights, that are related to or arising from the Services, including all content included on or incorporated therein, such as any literary works, analyses, reports, conclusions, discoveries, text, images, photos, trademarks, service marks, designs, UI, technology, software, trade secrets and any other Momentum proprietary materials included and/or used therein  (collectively, the “Content”), and any derivative, enhancement or modification of the Content, is and shall, as between you and Momentum, at all times, remain exclusively owned by Momentum, and is protected by copyrights, trademarks, service marks, patents and other applicable proprietary rights and laws.</li></ol><ol class="c8 lst-kix_list_1-1" start="9"><li class="c4 li-bullet-1">License Restrictions. These Terms do not confer to you any right in the Application, Content, or Services or any part thereof other than the limited license to use the Services as explicitly permitted above. </li></ol><ol class="c8 lst-kix_list_1-1" start="10"><li class="c4 li-bullet-1">Trademarks. “Momentum” and all logos and other proprietary identifiers used by Momentum in connection with the Services (“Momentum Trademarks”) that refer to Momentum, are all trademarks and/or trade names of Momentum, whether or not registered. No right, license, or interest to Momentum Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Momentum Trademarks and therefore you will avoid using any of those marks, unless expressly permitted herein. </li></ol><ol class="c8 lst-kix_list_1-0" start="5"><li class="c1 li-bullet-0"><h6 id="h.1fob9te" style="display:inline">USER CONDUCT; RESTRICTION ON USE</h6></li></ol><ol class="c8 lst-kix_list_1-1" start="11"><li class="c4 li-bullet-2">In connection with your use of the Application and the Services, you agree to abide by all applicable local, national and international laws and regulations and you may not, whether by yourself or through anyone on your behalf, nor allow or facilitate a third party to: (i) use and/or access the Services, Content or Application for any illegal, immoral, or unauthorized purpose, including for any purpose intended to benefit third parties, such as but not limited to disclosing to any third party any technical features, quality, performance or benchmark test, or comparative analyses relating to the Services, or selling, renting, licensing, publishing or otherwise commercially disposing of or making your access to the Services available to third parties; (ii) use the Services or any part thereof for any purpose or in any manner not explicitly authorized hereunder; (iii) violate any rights of others or the operational or security mechanisms of the  Services; (iv) copy, modify, distribute, publicly display, transfer or create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile, disassemble or reproduce the Application and/or Services, or any parts or derivatives thereof, for any purpose; (v) create a browser or border environment around the Application or the Services, link, including in-line linking, to elements on the Application or Services, such as images, posters and videos, and/or frame or mirror any part thereof, except as expressly permitted hereunder; (vi) transmit, distribute, display or otherwise make available through or in connection with the Application or Services any content, including any Submitted Data, in a manner which infringes third party rights, including intellectual property rights and privacy rights (including without limitation, making available through or in connection with the Application or Services any data relating to a natural person without receiving consents or authorizations from such natural persons under applicable law), or which may contain any unlawful content; (vii) transmit or otherwise make available in connection with the Application and/or use of the Services any malware, viruses, Trojan horses, spam, or any other computer code, file, or program that may or is intended to damage, hijack, harm, or otherwise disrupt the operation of any hardware, software, or telecommunications equipment; (viii) interfere with or disrupt the operation of the Application and/or the Services, or the servers or networks that host them or make the Application and/or the Services available; (ix) bypass any measures which may be used to prevent or restrict access to the Application and/or the Services and/or certain functionalities therein; (x) remove or delete any and all copyright notices, restrictions and signs indicating proprietary rights of Momentum and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Application and/or the Services; Access and/or use any Services and/or the Content provided therein in order to build a competitive product or service; (xi) otherwise infringe or violate any of these Terms.</li></ol><ol class="c8 lst-kix_list_1-1" start="12"><li class="c4 li-bullet-1">You represent and warrant that you are not located in, or a resident of, any country subject to U.S. or Israeli trade sanctions or embargoes (including, but not limited to, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions). Additionally, you represent and warrant that you are not listed as a specially designated national or denied party on any U.S. government sanctions or restricted parties lists.</li></ol><ol class="c8 lst-kix_list_1-1" start="13"><li class="c4 li-bullet-1">Momentum reserves the right to change, suspend, or discontinue all or part of the Services, temporarily or permanently, without prior notice.</li></ol><ol class="c8 lst-kix_list_1-0" start="6"><li class="c1 li-bullet-0"><h6 id="h.3znysh7" style="display:inline">USER ELIGIBILITY </h6></li></ol>You represent that you are at least eighteen (18) years of age. We reserve the right to require you at any stage to provide proof of age so that we can verify that only eligible users are using the Application and Services. In the event that we become aware that a person under the age of eighteen (18) is using the Services or Application, we reserve the right to prohibit and block such User from further accessing the Services and/or Application. <ol class="c8 lst-kix_list_1-0" start="7"><li class="c1 li-bullet-0"><h6 id="h.2et92p0" style="display:inline">USER DATA; PERSONAL INFORMATION</h6></li></ol><ol class="c8 lst-kix_list_1-1" start="14"><li class="c4 li-bullet-1">Use of Data. In your use of and access to the Services as permitted hereunder, you may provide, and Momentum may collect, store, transfer and use certain data and information related to you and to your use or access to the Services, including without limitation, the Submitted Data, information required for registration process, and information that Momentum derives from such information, all pursuant to the provisions of our privacy policy located here: <a class="c14" href="https://www.google.com/url?q=https://www.heymomentum.io/privacy-policy&sa=D&source=editors&ust=1745316798220581&usg=AOvVaw2DanSOxZD-y-fHvv6P_hVt">https://www.heymomentum.io/privacy-policy</a> (the “Privacy Policy”). </li></ol><ol class="c8 lst-kix_list_1-1" start="15"><li class="c4 li-bullet-2" id="h.3dy6vkm">By providing the Submitted Data, you grant Momentum and its affiliates an irrevocable, non-exclusive, worldwide, royalty-free, non-transferable, and sublicensable license, to use, process, edit, host, store, reproduce, and modify the Submitted Data, and to create derivative works therefrom, for the purpose of and as required for Momentum to provide you with the Services. </li></ol><ol class="c8 lst-kix_list_1-1" start="16"><li class="c4 li-bullet-1">In addition, you grant Momentum and its affiliates a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, fully paid up, license to collect, store, process, analyze, transfer, display and otherwise use any and all metadata, data concerning processes, analysis and other development parameters, resulting or otherwise obtained from your use of the Services, for improving our products and services provided that such data has been aggregated or anonymized such that it cannot identify or otherwise be understood to relate to any identifiable person or entity. </li></ol>YOU HEREBY CONFIRM THAT YOU ARE EITHER THE ORIGINAL OWNER OF THE SUBMITTED DATA  YOU UPLOADED/MADE AVAILABLE OR THAT YOU HAVE THE NECESSARY RIGHTS AND AUTHORIZATIONS TO PROVIDE THE SUBMITTED DATA UNDER THE TERMS HEREOF. YOU CONFIRM THAT ALL SUBMITTED DATA PROVIDED BY YOU IS ACCURATE. YOU ALSO CONFIRM THAT NONE OF YOUR SUBMITTED DATA WILL INCLUDE INFORMATION THAT IS (I) SUBJECT TO CONFIDENTIALITY OBLIGATIONS, (II) HARASSING, DISCRIMINATORY, ABUSIVE, OR OTHERWISE VIOLATING APPLICABLE LAWS OR REGULATIONS, OR (III) CONTENT THAT POSES A RISK TO A PERSON’S SAFETY, SECURITY OR HEALTH.<ol class="c8 lst-kix_list_1-1" start="17"><li class="c4 li-bullet-2">Prohibited Personal Information. Other than the Submitted Data necessary for the provision of the Services, you hereby represent and warrant that the Submitted Data does not and shall not throughout your use of the Application and Services hereunder, include any other information which may be deemed Personal Information, as such term is defined in the Privacy Policy or under any applicable law or other data that is subject to specific regulatory or statutory protection regimes. </li></ol><a id="id.4d34og8"></a><a id="id.1t3h5sf"></a><ol class="c8 lst-kix_list_1-0" start="8"><li class="c1 li-bullet-0"><h6 style="display:inline">CONFIDENTIALITY</h6></li></ol><a id="id.2s8eyo1"></a><a id="id.17dp8vu"></a><ol class="c8 lst-kix_list_1-1" start="18"><li class="c4 li-bullet-1">E<a id="id.3rdcrjn"></a>ither party (a “Disclosing Party”) may disclose or make available to the other party (a “Receiving Party”) certain confidential information regarding its technology, operations and business (“Confidential Information”). Receiving Party agrees to apply and maintain appropriate technical and organizational measures to protect Confidential Information from accidental or unlawful destruction, loss, alteration, and/or unauthorized disclosure or access. Such measures will be no less than is commercially reasonable within similar and related industries. Receiving Party also agrees to not use any Confidential Information except as required to provide for or facilitate the use of the Services in the scope of the parties’ engagement hereunder. Confidential Information shall not include information that Receiving Party can show by written evidence (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions. Receiving Party shall not be prevented from disclosing Confidential Information pursuant to a binding court order or similar binding legal requirement for disclosure, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperates to only provide as much Confidential Information as is legally required to comply with such a request. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Receiving Party shall in any event remain liable for any actions or omissions performed by its employees and service providers, as if performed by Receiving Party themselves. </li></ol><ol class="c8 lst-kix_list_1-1" start="19"><li class="c4 li-bullet-2">Upon termination or expiration of your subscription to the Services for any reason or upon User’s written request, Momentum shall return or permanently destroy all Submitted Data in its possession and at your request.</li></ol><ol class="c8 lst-kix_list_1-1" start="20"><li class="c4 li-bullet-1">All Submitted Data is the Confidential Information of User and, except as expressly set forth above with respect to anonymized or aggregated data, Momentum shall not disclose such Submitted Data to third parties or use such Submitted Data, except to provide the Applicationto User. </li></ol><ol class="c8 lst-kix_list_1-0" start="9"><li class="c1 li-bullet-0"><h6 style="display:inline">YOUR FEEDBACK</h6></li></ol>In the event you provide us with, or post on or through the Services or the Application, any suggestions, material, ideas, comments or other feedback relating to the Services and/or the Content (“Feedback”), you agree that we may, in our sole discretion, use any Feedback in any way, including without limitations in future modifications of the Services or advertising and promotional materials relating thereto. Additionally, you agree that all Feedback shall become the exclusive property of Momentum, and if applicable, all “moral rights” that you may have in your Feedback have been voluntarily waived by you.<ol class="c8 lst-kix_list_1-0" start="10"><li class="c1 li-bullet-0"><h6 style="display:inline">PRIVACY POLICY.</h6></li></ol>Any personal data that we collect or obtain through the Application is subject to our Privacy Policy, available here: <a class="c14" href="https://www.google.com/url?q=https://www.heymomentum.io/privacy-policy&sa=D&source=editors&ust=1745316798229091&usg=AOvVaw11oio7KgbIeeTmZfz6H29a">https://www.heymomentum.io/privacy-policy</a>. By accessing the Application and/or the Services you consent to the collection and processing of personal data described in our Privacy Policy, as may be amended by us from time to time.<ol class="c8 lst-kix_list_1-0" start="11"><li class="c1 li-bullet-0"><h6 style="display:inline">DISCLAIMER OF ALL WARRANTIES</h6></li></ol>         <ol class="c8 lst-kix_list_1-1" start="21"><li class="c4 li-bullet-1">YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION AND THE SERVICES PURSUANT HERETO, IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. THIS APPLICATION AND THE SERVICES ARE PROVIDED HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE APPLICATION AND/OR THE SERVICES, AS MADE AVAILABLE HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.                                                        </li></ol><ol class="c8 lst-kix_list_1-1" start="22"><li class="c4 li-bullet-1"> WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE APPLICATION, HE APPLICATION AND/OR THE SERVICES, WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS APPLICATION, THE SERVICES, AND THE CONTENT, IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, USEFULNESS, RELIABILITY OR OTHERWISE; NOR DOES MOMENTUM TAKE ANY RESPONSIBILITY FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION OR INSTRUCTIONS ACCESSED THROUGH THE SERVICE. YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.</li></ol><ol class="c8 lst-kix_list_1-0" start="12"><li class="c1 li-bullet-0"><h6 style="display:inline">LIMITATION OF LIABILITY</h6></li></ol><ol class="c8 lst-kix_list_1-1" start="23"><li class="c4 li-bullet-1">MOMENTUM (ON BEHALF OF ITSELF AND ITS SUBCONTRACTORS AND AFFILIATES) DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OR HARM CAUSED IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR RELIANCE ON THE APPLICATION AND/OR THE SERVICES.</li></ol><ol class="c8 lst-kix_list_1-1" start="24"><li class="c4 li-bullet-1">IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION AND/OR THE SERVICES OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL MOMENTUM BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, OR PUNITIVE (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS APPLICATION OR THE SERVICES, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR (III) RESULTING FROM ANY RESULTS DERVING FROM YOUR USE OF THE APPLICATION OR THE SERVICE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOMENTUM, (NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES’ AGGREGATE LIABILITY TO YOU, EXCEED THE AMOUNTS PAID BY YOU TO MOMENTUM IN RESPECT OF THE APPLICATION DURING THE IMMEDIATELY PRECEDING 12-MONTHS PERIOD WHERE THE LIABILITY AROSE. </li></ol><ol class="c8 lst-kix_list_1-1" start="25"><li class="c4 li-bullet-1"> SUBJECT TO APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU OR ANYONE ON YOUR BEHALF, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR TO THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ELSE BE FOREVER BARRED. YOU UNDERSTAND AND AGREE THAT MOMENTUM HAS SET THE PRICING OF THE APPLICATION SUBSCRIPTION AND ENTERED INTO THESE TERMS WITH YOU IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, WHICH ALLOCATE RISK BETWEEN MOMENTUM AND YOU, AND FORM THE BASIS OF A BARGAIN BETWEEN THE PARTIES.</li></ol><ol class="c8 lst-kix_list_1-0" start="13"><li class="c1 li-bullet-0"><h6 style="display:inline">INDEMNIFICATION</h6></li></ol><a id="id.26in1rg"></a>YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS MOMENTUM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSSES AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM, REPRESENTATION, OBLIGATION UNDER SECTION 7 (USER DATA; PERSONAL INFORMATION), OR CONDITION OF THESE TERMS, OR A BREACH OF THESE TERMS BY ANYONE USING YOUR MOBIL DEVICE OR LOGIN CREDENTIALS, (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THIS APPLICATION, THE SERVICES, ANY OF OUR USERS’ SUBMITTED DATA OR THE CONTENT; (III) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE APPLICATION OR THE SERVICES; (IV) VIOLATION OF LAW OR REGULATION WITH REGARD TO YOUR SUBMITTED DATA,  OR FEEDBACK, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION, AND YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, <a id="id.35nkun2"></a><a id="id.lnxbz9"></a>TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.<ol class="c8 lst-kix_list_1-0" start="14"><li class="c1 li-bullet-0"><h6 style="display:inline">AMENDMENTS</h6></li></ol>We may change the terms of these Terms or the Services at any time and at our sole discretion. If we make any material changes to these Terms, we will post a notice of these changes on our Application and/or we will send you notifications regarding such changes to the e-mail address if one was provided by you under the contact details. If you do not agree to the new or different terms, you should not use the Application or the Services. <ol class="c8 lst-kix_list_1-0" start="15"><li class="c1 li-bullet-0"><h6 style="display:inline">TERMINATION</h6></li></ol><ol class="c8 lst-kix_list_1-1" start="26"><li class="c4 li-bullet-1">Momentum may terminate your access and use of the Services immediately at any time, for any reason, and at such time you will have no further right to use the Services. You may terminate your account at any time by following the instructions available through the Services.</li></ol><ol class="c8 lst-kix_list_1-1" start="27"><li class="c4 li-bullet-1"> Surviving Provisions. The preamble of these Terms, Section 4 (Intellectual Property), Section &lrm;5 (User Conduct; Restriction on Use), Section 6 (User Eligibility), Section 8 (Confidentiality) Section 9 (Your Feedback) Section 10 (Privacy Policy, including the Privacy Policy referred to therein), Section 11 (Disclaimer of all Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 15 (Termination), Section 17 (Governing Law) and Section 18 (Miscellaneous) will survive the termination or expiration of these Terms including any provision meant to survive such termination or expiration or any rights accrued prior thereto.</li></ol><ol class="c8 lst-kix_list_1-0" start="16"><li class="c1 li-bullet-0"><h6 style="display:inline">DMCA Notice</h6></li></ol>It is Momentum’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you are a copyright owner or an agent thereof and believe that any Content shared in our Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA requirements to our copyright agent at <a class="c14" href="mailto:support@try-momentum.com">support@try-momentum.com</a>.<h6 class="c21 c24"></h6><ol class="c8 lst-kix_list_1-0" start="17"><li class="c1 li-bullet-0"><h6 style="display:inline">GOVERNING LAW</h6></li></ol>These Terms will be governed by Israeli law without regard to its choice of law or conflicts of law principles. You expressly consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.<ol class="c8 lst-kix_list_1-0" start="18"><li class="c1 li-bullet-0"><h6 style="display:inline">MISCELLANEOUS</h6></li></ol><ol class="c8 lst-kix_list_1-1" start="28"><li class="c4 li-bullet-1">Portable Electronic Devices. Our Services are available to you on many different portable electronic devices. Our connection to the mobile device is free of charge, but your carrier’s normal rates and fees, such as text messaging fees, may still apply.</li></ol><ol class="c8 lst-kix_list_1-1" start="29"><li class="c4 li-bullet-1">These Terms were written in English and may be translated in the future into other languages. If a translated (non-English) version of these Terms conflicts in any way with the English version, the provisions of the English version shall prevail. </li></ol> <ol class="c8 lst-kix_list_1-1" start="30"><li class="c4 li-bullet-1">Entire Agreement. These Terms and our rules and policies for the Services, as updated from time to time, comprise the entire agreement between you and us, states our entire liability and your exclusive remedy with respect to the Services, and supersede all prior agreements pertaining to these Terms. If any provisions of these Terms are held to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are solely used for convenience and have no legal or contractual significance. </li></ol><ol class="c8 lst-kix_list_1-1" start="31"><li class="c4 li-bullet-1"> Assignment. These Terms are personal to you and you may not assign any of your rights or obligations hereunder. These Terms may be assigned by us without restriction.</li></ol><ol class="c8 lst-kix_list_1-1" start="32"><li class="c4 li-bullet-2"> Contact Us. If you wish to receive more information on these Terms, please contact us via Email at: <a class="c14" href="mailto:support@try-momentum.com">support@try-momentum.com</a> or call us at +1 (833) 980-0633</li></ol>

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