Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, or using any of MomentumLab.ai's services, including but not limited to our World Radio Chrome Extension, Synonym Stack mobile app, Photo Restore - Fix Old Photos mobile app, AI Video – Image to Video mobile app, Rage Leather services, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

These Terms constitute a legally binding agreement between you and MomentumLab.ai ("Company," "we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Services after such updates constitutes your acceptance of the new Terms.

2. Description of Services

MomentumLab.ai provides the following services:

World Radio: Chrome extension for accessing global radio stations
Synonym Stack: iOS mobile application for word games and vocabulary building
Photo Restore - Fix Old Photos: iOS mobile application for AI-powered photo restoration and enhancement
AI Video – Image to Video: iOS mobile application for transforming photos into animated videos using artificial intelligence
Rage Leather: E-commerce platform and related services
Website and Documentation: Information, support, and resources related to our products

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. User Accounts and Registration

Some of our Services may require you to create an account or provide information. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain the security of your account credentials
Promptly update account information if it changes
Accept responsibility for all activities under your account
Notify us immediately of unauthorized use of your account

You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. Acceptable Use and User Conduct

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws, regulations, or third-party rights
Use the Services for any fraudulent, abusive, or otherwise illegal activity
Attempt to gain unauthorized access to our Services, systems, or networks
Interfere with or disrupt the Services or servers connected to the Services
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code
Remove, alter, or obscure any proprietary notices or intellectual property markings
Use automated scripts, bots, or other means to access the Services
Upload or transmit viruses, malware, or other harmful code
Harass, abuse, or harm other users
Infringe upon intellectual property rights of others
Use the Services to spam or send unsolicited communications
Collect or harvest user information without consent

5. Intellectual Property Rights

Our Intellectual Property: The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MomentumLab.ai, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

License to Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your personal or internal business purposes.

User Content: You retain ownership of any content you submit, upload, or otherwise make available through the Services ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purpose of providing the Services.

Copyright Infringement: We respect intellectual property rights and expect users to do the same. If you believe your copyrighted material has been infringed, please contact us with details of the alleged infringement.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

7. Subscription Services and Payments

Some of our Services may offer subscription plans or require payment:

Billing: You agree to pay all fees associated with your use of paid Services
Auto-Renewal: Subscriptions may automatically renew unless cancelled before the renewal date
Refunds: Refund policies are subject to platform-specific terms (App Store, Google Play, etc.)
Price Changes: We may change subscription prices with reasonable advance notice
Taxes: You are responsible for any applicable taxes

8. Third-Party Services and Content

Our Services may integrate with or contain links to third-party services, websites, or content. We are not responsible for:

The availability, accuracy, or content of third-party services
Third-party privacy practices or terms of service
Any damages or losses related to your use of third-party services

Your use of third-party services is subject to their respective terms and policies.

9. Disclaimers and Warranties

AS-IS BASIS: THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

No Guarantee: We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

Your Risk: Your use of the Services is at your own risk. We do not warrant the accuracy, completeness, or usefulness of any information provided through the Services.

10. Limitation of Liability

LIMITATION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENTUMLAB.AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA

MAXIMUM LIABILITY: Our total liability for all claims related to the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless MomentumLab.ai, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any rights of another party
Your User Content or any content you submit

12. Termination

Termination by You: You may terminate your account at any time by discontinuing use of the Services and, where applicable, cancelling your subscriptions through the appropriate platform (App Store, Google Play, etc.).

Termination by Us: We may terminate or suspend your access to the Services immediately, without prior notice, if you:

Violate these Terms
Engage in fraudulent or illegal activities
Cause harm to other users or our Services
Fail to pay required fees

Effect of Termination: Upon termination, your right to use the Services will cease immediately. Termination does not relieve you of any obligations incurred prior to termination.

Survival: Sections related to intellectual property, disclaimers, limitation of liability, indemnification, and governing law will survive termination of these Terms.

13. Dispute Resolution and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Sydney, New South Wales, Australia, and you hereby consent to personal jurisdiction and venue therein.

Informal Resolution: Before filing any formal legal action, you agree to first contact us at admin@momentumlab.ai to seek an informal resolution of any dispute.

14. Mobile Application Terms

App Store Terms: If you download our mobile applications from the Apple App Store or Google Play Store, you acknowledge and agree that:

These Terms are between you and MomentumLab.ai, not Apple or Google
Apple and Google are not responsible for the app or its content
Apple and Google have no warranty obligations regarding the app
Apple and Google are not responsible for addressing claims related to the app
You must comply with applicable third-party terms when using the app

Device Requirements: Mobile applications may require certain device specifications, operating system versions, or hardware features. We are not responsible if your device is incompatible.

15. Modification of Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

Posting updated Terms on our website
Updating the "Last Updated" date
Providing in-app notifications where applicable

Your continued use of the Services after we post revised Terms means you accept and agree to the changes.

16. AI Video – Image to Video Specific Terms

16.1 Application Overview

AI Video – Image to Video ("AI Video App") is an iOS mobile application that uses artificial intelligence to transform still photographs into animated videos. These specific terms apply in addition to all other terms in this agreement.

16.2 User Content and Uploads

User Responsibility for Uploaded Content

You are solely and exclusively responsible for all photos, images, and content you upload to the AI Video App. By uploading any content, you represent, warrant, and agree that:

Ownership and Rights: You either own the content or have obtained all necessary rights, licenses, and permissions to use, reproduce, and distribute the content
Legal Compliance: Your content complies with all applicable federal, state, local, and international laws and regulations
No Infringement: Your content does not infringe upon any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets
Consent and Privacy: You have obtained all necessary consents from any individuals depicted in your photos, including but not limited to publicity rights and privacy rights
Age Compliance: All content is appropriate for the intended audience and complies with age restrictions and content guidelines
Accuracy: All representations you make about your content are true and accurate

Prohibited Content

You agree that you will NOT upload content that:

Contains copyrighted material without proper authorization or fair use justification
Depicts illegal activities or promotes illegal behavior
Contains nudity, sexual content, or sexually suggestive material
Involves minors without appropriate parental consent and legal compliance
Is threatening, harassing, defamatory, libelous, or invasive of privacy
Contains hate speech, discriminatory content, or promotes violence
Infringes on trademark, copyright, or other intellectual property rights
Contains malware, viruses, or other harmful computer code
Violates any person's right of publicity or privacy
Is false, misleading, or deceptive

16.3 Data Processing and Retention

Server Processing

Temporary Upload: Photos uploaded for processing are temporarily stored on our secure servers only for the duration necessary to generate your video
Automatic Deletion: All uploaded photos and processing data are automatically and permanently deleted from our servers immediately after video generation is complete
No Permanent Storage: We do not retain, store, or archive your photos on our servers beyond the processing period
Processing Time: Typical processing takes 30 seconds to 2 minutes, after which all data is purged

Local Device Storage

Generated Videos: All created videos are stored locally on your device
User Control: You have complete control over your generated videos and can delete them at any time
Automatic Cleanup: The app automatically manages storage by retaining the 50 most recent videos and removing videos older than 30 days

16.4 Subscription and Credit System

Subscription Plans

Free Plan: 2 videos per day with optional rewarded ads for additional videos
Starter Weekly: $8.99/week for 25 videos per week, ad-free experience
Pro Weekly: $12.99/week for 40 videos per week, 3-day free trial, priority processing, and access to credit packs

Credit System

Credit Definition: One credit equals one generated video
Credit Consumption: Credits are consumed when video generation begins, regardless of final output quality or user satisfaction
No Refunds for Credits: Used credits are non-refundable, except in cases of system errors or technical failures on our part
Credit Packs: Pro users can purchase additional credit packs that never expire
Auto-Refund System: Credits are automatically refunded for eligible backend errors, server timeouts, or system failures

Billing and Cancellation

Apple App Store: All subscriptions are managed through Apple's App Store billing system
Automatic Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends
Cancellation: You can cancel subscriptions at any time through your Apple ID settings
Pro-Rated Refunds: We do not offer pro-rated refunds for partial subscription periods

16.5 Technical Limitations and Service Availability

Processing Limitations

Input Requirements: Optimal results require clear, front-facing portraits with good lighting and a single subject
Output Specifications: Generated videos are 5 seconds long at 480p resolution, 24fps
Processing Time: Video generation typically takes 30 seconds to 2 minutes depending on server load
Quality Variance: AI-generated content quality may vary based on input photo quality and selected action

Service Reliability

Dual-API System: We employ multiple AI processing providers with automatic failover for improved reliability
No Guarantee: While we strive for high availability, we do not guarantee uninterrupted service
Maintenance: We reserve the right to perform maintenance that may temporarily interrupt service

16.6 Intellectual Property and Generated Content

Ownership of Generated Videos

User Ownership: You retain ownership of the generated videos created from your photos
Commercial Use: You may use generated videos for personal or commercial purposes, subject to compliance with these terms
No MomentumLab Claims: We do not claim ownership rights in your generated videos

Third-Party Rights

Underlying Rights: Generated videos are subject to the rights and restrictions of the original photo
Liability for Infringement: You remain liable for any intellectual property infringement in your original content
Third-Party Claims: You agree to defend and indemnify us against any claims arising from your uploaded content

16.7 Age Restrictions and Parental Consent

Minimum Age: The AI Video App is not directed to children under 13 years of age
Parental Supervision: Users between 13-17 should use the app under parental supervision
Sign in with Apple: All users must authenticate through Apple ID, which includes age verification

16.8 Prohibited Uses

In addition to general prohibited uses, you specifically agree not to:

Use the app to create deepfakes or misleading content intended to deceive others
Generate content that could be used for harassment, bullying, or intimidation
Create videos using photos of individuals without their consent
Attempt to reverse engineer, hack, or exploit the AI processing systems
Use automated systems or bots to generate large volumes of videos
Violate any local, state, federal, or international laws through your use of the app

16.9 Content Monitoring and Enforcement

No Pre-Screening: We do not pre-screen user uploads but reserve the right to review content
Violation Response: We may suspend or terminate accounts that violate these terms
Reporting: Users can report inappropriate content or violations
Law Enforcement: We will cooperate with law enforcement regarding illegal content or activities

16.10 Disclaimers Specific to AI Video

AI Limitations: AI-generated content may not perfectly match your expectations or intentions
Content Accuracy: We make no warranties about the accuracy, quality, or appropriateness of generated videos
Technical Errors: Processing may occasionally fail due to technical limitations or server issues
Compatibility: App functionality depends on device capabilities and iOS version

16.11 Indemnification for AI Video Users

You agree to indemnify, defend, and hold harmless MomentumLab.ai, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your upload and use of photos or content in the AI Video App
Your violation of any rights of any third party, including intellectual property rights
Your violation of these AI Video-specific terms
Any content you generate using the AI Video App
Your distribution or use of generated videos

16.12 Updates and Changes to AI Video Service

Feature Updates: We may add, modify, or remove features at any time
Action Library: The available actions and categories may change
Pricing Changes: Subscription prices may change with 30 days' notice
Service Discontinuation: We reserve the right to discontinue the service with reasonable notice

17. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and MomentumLab.ai regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Contact Information: If you have any questions about these Terms, please contact us at admin@momentumlab.ai.