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, Kakeibo: Goal & Budget Planner 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
• Kakeibo: Goal & Budget Planner: iOS mobile application for budget tracking, expense management, and financial goal setting based on the Japanese Kakeibo method
• 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. Kakeibo: Goal & Budget Planner Specific Terms

17.1 Application Overview

Kakeibo: Goal & Budget Planner ("Kakeibo App") is an iOS mobile application that helps users track expenses, manage budgets, and achieve financial goals using the Japanese Kakeibo budgeting methodology. These specific terms apply in addition to all other terms in this agreement.

17.2 Financial Data and User Responsibility

User Responsibility for Financial Information

You are solely responsible for the accuracy and completeness of all financial data you enter into the Kakeibo App. By using the app, you acknowledge and agree that:

• Data Accuracy: You are responsible for entering accurate budget amounts, expense records, and financial goals
• No Financial Advice: The Kakeibo App provides budgeting tools and insights but does not provide professional financial, tax, or investment advice
• Personal Use: The app is designed for personal financial tracking and is not intended for business accounting or tax preparation
• Decision Making: You are solely responsible for all financial decisions made based on information tracked in the app
• Verification: You should verify all financial calculations and reports generated by the app
• Backup: You are responsible for maintaining backups of your financial data (via iCloud or other means)

No Financial Advisory Relationship

The Kakeibo App and MomentumLab.ai do NOT:

• Provide financial planning, investment, tax, or legal advice
• Act as a financial advisor, accountant, or tax professional
• Make recommendations regarding specific investments, savings products, or financial institutions
• Guarantee any financial outcomes or results from using the app
• Review or verify the accuracy of your financial entries

Professional Advice: You should consult with qualified financial professionals for personalized financial, tax, or investment advice.

17.3 Data Storage and Privacy

Local Data Storage

• Device Storage: All financial data (budgets, expenses, goals) is stored locally on your iOS device
• No Server Storage: We do not store your financial transactions or budget information on external servers
• User Control: You have complete control over your financial data and can delete it at any time
• Data Security: Your data is protected by your device's security features (Face ID, Touch ID, passcode)

iCloud Sync (Optional)

• Optional Feature: You may enable iCloud sync to backup and sync data across your Apple devices
• Apple's Control: iCloud data is subject to Apple's privacy policy and terms of service
• Encryption: iCloud data is encrypted in transit and at rest by Apple
• User Choice: iCloud sync can be enabled or disabled at any time
• Our Liability: We are not responsible for data loss, corruption, or unauthorized access related to iCloud sync

Data Export and Deletion

• Export Rights: You can export your financial data at any time for personal records
• Deletion Rights: You can delete individual transactions, entire categories, or all data from within the app
• App Uninstall: All local data is permanently deleted when you uninstall the app from your device
• No Recovery: Deleted data cannot be recovered unless you have enabled iCloud backup

17.4 Subscription and Payment Terms

Subscription Plans

• Free Plan: Limited features with advertising support via Google AdMob
• Kakeibo Pro: Full access to premium features with ad-free experience
• Pricing: Subscription pricing is displayed in the app and subject to change with reasonable notice

Billing and Renewal

• 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 account settings
• Refund Policy: Refunds are subject to Apple's App Store refund policy
• No Pro-Rated Refunds: We do not offer pro-rated refunds for partial subscription periods

Feature Access

• Free Features: Basic budgeting and expense tracking with ads
• Pro Features: Advanced analytics, unlimited categories, custom reports, ad-free experience
• Feature Changes: We reserve the right to add, modify, or remove features from either plan
• Downgrade: If you downgrade from Pro to Free, some advanced features will become unavailable

17.5 Advertising (Free Users)

AdMob Integration

• Third-Party Ads: Free users will see advertisements served by Google AdMob
• Personalized Ads: Ads may be personalized based on device identifiers and usage data
• No Financial Data: Your specific budget amounts, expense details, and financial transactions are NEVER shared with advertisers
• Opt-Out: You can limit ad tracking through iOS settings (Settings > Privacy > Tracking)
• Ad-Free Option: Upgrade to Kakeibo Pro to remove all advertisements

Ad Content

• Third-Party Content: Advertisements are provided by third parties and we do not control their content
• Not Endorsed: Ads do not constitute endorsements or recommendations by MomentumLab.ai
• Ad Interactions: Interactions with ads are subject to the advertiser's terms and privacy policy

17.6 Technical Limitations and Disclaimers

App Limitations

• Calculation Accuracy: While we strive for accuracy, we do not guarantee error-free calculations or reports
• Device Compatibility: The app requires compatible iOS devices and software versions
• Internet Connection: Some features (subscription verification, ads) require internet connectivity
• Data Limits: The app may have practical limits on the number of transactions or categories

No Warranty for Financial Outcomes

IMPORTANT DISCLAIMER: We make no warranties or guarantees regarding:

• Improvement of your financial situation through use of the app
• Achievement of savings goals or financial targets
• Accuracy of budget predictions or financial insights
• Suitability of the Kakeibo method for your specific financial needs
• Compliance with any specific financial regulations or tax requirements

RESULTS MAY VARY: Financial success depends on many factors beyond the app, including your income, expenses, financial discipline, and economic conditions.

17.7 Prohibited Uses

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

• Use the app for business accounting, tax preparation, or regulatory compliance
• Share your financial data with unauthorized third parties through the app
• Attempt to bypass subscription restrictions or access Pro features without payment
• Use the app to track finances for illegal activities or money laundering
• Reverse engineer or extract the budgeting algorithms or methodologies
• Create automated scripts or bots to interact with the app

17.8 Age Restrictions

• Minimum Age: The Kakeibo App is rated 17+ due to financial content and advertising
• Parental Supervision: Users under 18 should use the app under parental guidance
• No Children: The app is not directed to children under 13

17.9 Intellectual Property

• App Ownership: The Kakeibo App, including all code, design, and features, is owned by MomentumLab.ai
• Kakeibo Method: The traditional Kakeibo budgeting method is a Japanese cultural practice not owned by MomentumLab.ai
• User Data: You retain ownership of your financial data entered into the app
• No License Grant: Using the app does not grant you any intellectual property rights in the app or its content

17.10 Limitation of Liability for Kakeibo

In addition to general limitations of liability, we specifically disclaim liability for:

• Financial Losses: Any financial losses, missed opportunities, or adverse financial outcomes
• Data Loss: Loss of financial data due to device failure, app errors, or user deletion
• Calculation Errors: Errors in budget calculations, expense totals, or financial reports
• Tax Issues: Tax penalties, audit issues, or incorrect tax reporting based on app data
• Third-Party Services: Issues with iCloud sync, AdMob ads, or App Store subscriptions
• Device Issues: Compatibility problems, crashes, or data corruption on your device

17.11 Updates and Service Changes

• App Updates: We may release updates with new features, bug fixes, or design changes
• Feature Modifications: Features may be added, modified, or removed from either Free or Pro plans
• Pricing Changes: Subscription prices may change with at least 30 days' notice
• Service Discontinuation: We reserve the right to discontinue the Kakeibo App with reasonable notice
• Data Export: If we discontinue the service, we will provide reasonable notice and opportunity to export your data

17.12 Contact for Kakeibo-Specific Issues

For questions, support, or issues specific to the Kakeibo App, please contact:

• Email: admin@momentumlab.ai
• Subject Line: "Kakeibo App Support"
• Website: https://momentumlab.ai/products/kakeibo.html

18. 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.