Terms of Service for Momentum

By using our app and/or website, you consent to our terms listed below

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1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Momentum mobile application, the websites momentum-pt.app and momentum-pt.co.uk, and all associated services (collectively, the “Platform”). The Platform is owned and operated by AMNOVA LIMITED (“Company”, “we”, “us”, or “our”), a company registered in England and Wales under company number 16394638, with its registered office at Unit A, 82 James Carter Rd, Mildenhall, Bury Saint Edmunds IP28 7DE.

By creating an account or otherwise using the Platform, you agree to be bound by these Terms. These Terms must be read in conjunction with our Privacy Policy, Data Processing Agreement, Cookie Policy, End User Licence Agreement (EULA), Acceptable Use Policy, Medical and Health Disclaimer, and our Subscription, Billing, and Cancellation Policy. If you do not agree to these Terms or any of the associated policies, you must not use the Platform.

2. Eligibility and Account Security

  • Age Requirement: You must be at least 16 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement. If you are accessing the Platform on behalf of a minor, you bear sole legal and financial responsibility for their use of the services.

  • Account Security: You are solely responsible for maintaining the confidentiality of your login credentials.

  • No Account Sharing: Account credentials may not be shared. Personal Trainers (“PTs”) are strictly prohibited from sharing an account with other trainers to bypass subscription tiers. Any suspected account sharing will result in immediate suspension.

3. Subscriptions, Payments, and Cancellations

The Platform offers various subscription tiers for PTs and their clients, subject to our comprehensive Subscription, Billing, and Cancellation Policy.

    • Studio Plans (12-Month Minimum Term): All “Studio” tier subscriptions are subject to a strict, inescapable minimum commitment period of twelve (12) months from the date of activation. Early termination is not permitted, and you remain liable for the full balance of the 12-month term regardless of usage.

    • Non-Refundable Policy: To the maximum extent permitted by applicable law, all fees, charges, and subscriptions (including “Bolt-on” features) are strictly non-refundable. This applies to both partial billing periods and upfront annual payments.

    • Billing: You authorise us to charge your selected payment method for all applicable fees. Failure to collect payment may result in immediate suspension or termination of your account.

4. Third-Party Costs and Services

Your use of the Platform, particularly for white-label brandability and custom application deployment, requires engagement with third-party services.

  • External Fees: AMNOVA LIMITED is not responsible for any fees levied by third-party providers. This explicitly includes, but is not limited to, Apple Developer Program annual fees, Google Play Console fees, and payment gateway processing fees (e.g., Stripe).

  • No Liability for Third Parties: We have no control over the pricing, policies, or operational uptime of these third parties. Changes to their fee structures, terms, or service availability are entirely outside our remit, and we accept no liability for any financial impact or service disruption caused by them.

5. Health, Safety, and Content Disclaimer

The Platform facilitates the delivery of fitness programming, workout templates, and exercise demonstrations. You participate in these activities entirely at your own risk. Please refer to our Medical and Health Disclaimer for full details.

  • No Medical Advice: The Platform does not provide medical advice. You should consult a physician before beginning any new fitness or nutritional programme.

  • Momentum Video Library: We provide a library of exercise demonstration videos for illustrative purposes only. We make no warranties regarding the safety, accuracy, or suitability of these demonstrations for your individual physical condition.

  • Total Liability Waiver: Under no circumstances shall AMNOVA LIMITED, its directors, employees, or agents be held liable for any physical injury, illness, death, or property damage resulting from following any exercise video, routine, or instruction found on the Platform, whether provided by Momentum or uploaded independently by a PT. PTs are solely responsible for ensuring the programming they provide is safe and appropriate for their specific clients.

6. User-Generated Content and Video Uploads

The Platform allows PTs to upload their own exercise demonstration videos, instructional content, and other materials (“User Content”). All uploads must comply with our Acceptable Use Policy.

  • Ownership and Warranties: You retain all ownership rights to your User Content. However, by uploading any content to the Platform, you represent and warrant that you either own the content outright or have all necessary licences, rights, consents, and permissions to publish it. You strictly agree not to upload any material subject to third-party copyright or intellectual property rights without explicit, documented permission from the rightful owner.

  • Royalty-Free Licence to AMNOVA LIMITED: By submitting User Content to the Platform, you grant AMNOVA LIMITED a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Platform and AMNOVA LIMITED’s wider business operations (including marketing and promotions), without any fee or compensation payable to you.

  • Content Moderation and Account Closure: All uploaded videos and materials are subject to manual review by our team. We maintain a zero-tolerance policy for inappropriate material. We reserve the right, at our sole and absolute discretion, to reject, remove, or delete any User Content at any time. If you upload content that is deemed unsuitable, offensive, discriminatory, defamatory, or in breach of any applicable laws, your account will be immediately terminated without notice or refund, and you may be reported to the relevant legal authorities.

7. Service Availability

The Platform is provided on an “as is” and “as available” basis. While we strive for maximum uptime, AMNOVA LIMITED does not guarantee that the Platform will be uninterrupted, bug-free, or error-free. We reserve the right to perform scheduled and unscheduled maintenance. You agree that AMNOVA LIMITED shall not be liable for any damages, lost revenue, or disruption to your business arising from downtime, data loss, or service interruptions.

8. Data Protection and Privacy

We take your privacy seriously. By using the Platform, you consent to the collection, processing, and storage of your personal data as outlined in our Privacy Policy, Data Processing Agreement, and Cookie Policy.

9. Limitation of Liability and Indemnity

  • Financial Cap: To the maximum extent permitted by law, AMNOVA LIMITED’s total liability to you for any claims arising from or related to the Platform shall not exceed the total amount you paid to us in the three (3) months preceding the event giving rise to the claim.

  • Exclusion of Damages: We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or goodwill, arising out of your use or inability to use the Platform.

  • Indemnity: You agree to indemnify, defend, and hold harmless AMNOVA LIMITED from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or, if you are a PT, any claim brought by your client regarding the fitness services you provided through the Platform.

10. Intellectual Property

All code, design, branding, standard text, and generic video content provided by Momentum remains the exclusive property of AMNOVA LIMITED. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose, as further detailed in our EULA. You may not reverse-engineer, copy, or distribute any part of the Platform without express written consent.

11. Termination

We reserve the right to suspend or terminate your account and your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms, failure to pay applicable fees, or abusive behaviour towards our staff or other users. Upon termination, your right to use the Platform will cease immediately.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, regardless of the user’s geographical location.

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