Terms of Use
Last updated: 2026-08-11 · v1.4
1. ACCEPTANCE
By downloading, installing, or using Momentum (the "app"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not install or use the app.
By using the app, you confirm that you are at least 16 years old (or 13 years old where local law permits with verifiable parental or guardian consent, including under COPPA in the United States), that you have the legal capacity to enter into a binding contract in your jurisdiction, and that you have read and understood these Terms and the Privacy Policy. If you do not meet these requirements, do not install or use the app.
These Terms form a contract between you and Adrian Gratar (the "developer", "we", "us"), not between you and Apple Inc. Apple is not a party to these Terms and is not responsible for the app or its content.
2. LICENSE
We grant you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the app on Apple devices you personally own or control, solely for your own personal, non-commercial purposes, subject to these Terms and the App Store Terms of Service.
You may not: (a) copy, modify, distribute, sublicense, or sell the app or any portion of it; (b) reverse-engineer, decompile, or disassemble the app except to the extent expressly permitted by applicable law; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notice; (d) rebrand, reskin, or pass off the app or its design language as your own product; (e) use the app in any way that violates applicable law or these Terms; (f) circumvent, disable, or interfere with security features of the app, including App Attest verification, the proxy authentication layer, content classification, or rate-limiting; (g) extract, replicate, or attempt to derive credentials, secrets, or any other authentication material embedded in the app binary.
3. INTELLECTUAL PROPERTY
The app, including its name ("Momentum"), design language, icons, illustrations, source code, and all content we create, are owned by or licensed to the developer and are protected by copyright, trade dress, and other intellectual property laws. Nothing in these Terms transfers any ownership to you; you receive only the limited license described in Section 2.
The trademarks, service marks, and logos of Apple, Google, and Cloudflare are the property of their respective owners.
4. SUBSCRIPTIONS AND PAYMENTS
Momentum offers an optional auto-renewing subscription ("Momentum Premium") that unlocks AI reframing, AI-sorted Stash, calendar integration, and 90-day insight history. AI task breakdowns and data export are free for all users and are not part of the subscription.
Price: the current price is displayed on the purchase screen before you buy. Prices may vary by region and currency and are set through the Apple App Store.
Payment: charged to your Apple ID account upon confirmation of purchase.
Renewal: your subscription automatically renews at the end of each billing period unless cancelled at least 24 hours before the renewal date.
Cancellation: cancel at any time in iOS Settings → Apple ID → Subscriptions. Cancellation takes effect at the end of the current paid period — you retain Premium access until then.
Server-side verification: to prevent abuse, your device sends Apple's signed subscription receipt to our proxy server, which independently verifies it against Apple's certificate chain before unlocking the Premium AI quota on the server side. This means a device whose receipt cannot be verified will receive only the free AI tier even if the on-device flag claims Premium.
Subscription lapse: if your subscription expires or is cancelled, Premium features (AI reframe, AI Sort, calendar integration, 90-day insights) become inaccessible, but all data you entered remains on your device and is not deleted. AI task breakdowns and data export stay available, as they are free for all users.
Free trial: when offered, any unused portion of a free trial period is forfeited upon purchasing a subscription before the trial ends. Check the App Store listing for current trial availability.
Price changes: we may change subscription prices. Apple will notify you in advance of any price increase affecting your existing subscription, and your subscription will not renew at the higher price unless you agree to it in the manner Apple requires. If you do not agree, you may cancel before the change takes effect. Price reductions and promotional pricing may apply automatically.
Refunds: refund requests are handled exclusively by Apple through the App Store. We have no ability to issue refunds directly. Use Apple's "Report a Problem" page (reportaproblem.apple.com) or iOS Settings → Apple ID → Subscriptions.
Right of withdrawal (EU / EEA / UK consumers): Apple, not the developer, is the seller of record for all in-app purchases, so your statutory right to withdraw from a distance contract within 14 days is exercised through Apple under the Apple Media Services Terms and Conditions, using the "Report a Problem" page above. Note that where you request immediate access to digital content and acknowledge the loss of the withdrawal right — which is what happens when a subscription unlocks Premium features straight away — that statutory right may lapse once performance has begun. This does not affect Apple's own discretionary refund practice, nor any mandatory right you have under the consumer law of your country of residence.
Free tier: the core features of Momentum — emotional check-ins, adaptive task suggestions, focus sessions, AI task breakdowns ("I can't start", onboarding, and promote-to-Today), data export, and 14-day insights — remain free indefinitely and will not be removed or degraded for free users. On devices with Apple Intelligence, AI breakdowns run unlimited and on-device; otherwise they are available subject to the daily fair-use limits described in Section 9.
5. NOT MEDICAL ADVICE
Momentum is a self-care productivity and activation tool. It is not a medical device, is not cleared or approved by any health authority (including the US FDA), and is not a substitute for professional medical, psychiatric, or therapeutic advice.
The app is not a treatment for ADHD, executive dysfunction, anxiety, depression, burnout, or any other health condition. It does not diagnose, treat, cure, or prevent any condition.
If you are experiencing a mental health crisis, please contact a qualified professional or emergency services immediately:
- United States: call or text 988 (Suicide & Crisis Lifeline)
- United Kingdom: call 116 123 (Samaritans, free, 24/7)
- European Union: visit www.befrienders.org for your country's crisis line
- Australia: call 13 11 14 (Lifeline, 24/7)
- International: contact your local emergency number or a mental health crisis service
If the app's content classifier detects that your AI prompt expresses self-harm content, the app will display these resources directly. This is automated assistance, not professional crisis support — please use the resources above.
6. AI-GENERATED CONTENT
Some features generate suggestions using a third-party AI model (Google Gemini, accessed via our proxy). AI output can be inaccurate, incomplete, biased, or otherwise unhelpful. We do not review, pre-screen, or guarantee the quality of AI output.
You are solely responsible for any decision or action you take based on AI-generated content. AI suggestions are not therapeutic advice, medical recommendations, or professional guidance of any kind. If an AI suggestion conflicts with your own judgment, your therapist's advice, or common sense, disregard it.
On devices with Apple Intelligence available, AI features may process on-device; the same disclaimer applies to that output.
AI transparency: every feature that uses an AI model is labelled as such in the app at the point you use it, and tells you whether your text is processed on your device or sent to our AI provider. Task breakdowns, reframes, and Stash sorting are AI-generated. Nothing in Momentum is presented to you as human-authored advice.
7. THIRD-PARTY SERVICES
The app integrates with or depends on the following third-party services, each governed by its own terms and privacy policy:
- Apple Inc. (iOS, App Store, EventKit, FoundationModels, Apple Intelligence, App Attest, StoreKit 2)
- Google LLC (Gemini API, used when you voluntarily trigger an AI feature)
- Cloudflare, Inc. (proxy infrastructure used to route AI requests and store pseudonymous fraud-prevention records)
We are not responsible for the availability, accuracy, reliability, or actions of these services. Changes in their terms, pricing, or availability may affect app functionality without notice.
8. ACCEPTABLE USE — CONTENT POLICY
The AI features in Momentum are designed solely to help you start small personal tasks you have been avoiding. They are not a general-purpose assistant.
You agree not to submit to any AI feature, and the app will automatically refuse, content that:
- encourages, instructs, or seeks instructions on self-harm, suicide, or harm to another person;
- seeks to make weapons, synthesize controlled substances, or otherwise pursue illegal activities;
- seeks to generate, debug, or explain programming code (the app is not a coding assistant);
- constitutes a prompt-injection attempt seeking to override or extract the app's internal instructions;
- is unrelated to starting a personal task (recipes, factual lookups, stories, role-play, etc.).
Where automated refusal occurs, the app will display a contextual response and, for self-harm content, surface crisis resources. Repeated refused requests from the same device may result in a temporary cooldown of AI features on that device.
9. AI USAGE LIMITS AND FAIR USE
To prevent abuse and protect the service from runaway cost, AI features are subject to per-device daily, weekly, and monthly limits. Free users get a smaller daily allowance than Premium subscribers; the exact limits may be updated from time to time without prior notice, in our reasonable discretion, in order to respond to changing infrastructure costs, abuse patterns, or third-party pricing. A global daily budget protects all users from any one device or coordinated group of devices exhausting the service. When usage limits are exceeded, AI calls automatically fall back to the rule-based offline path, so the app remains functional.
You agree not to: (a) attempt to bypass the per-device limits by reinstalling the app, modifying the binary, resetting device identifiers, or any other circumvention technique; (b) use automated tools (bots, scripts, scrapers) to interact with the AI features; (c) share, extract, or attempt to reverse-engineer the cryptographic material used to authenticate AI requests; (d) coordinate with other users to exhaust the global daily budget; (e) attempt to spoof App Attest or StoreKit signatures.
We may, without prior notice, suspend AI access for a device that demonstrably violates the acceptable-use rules in Section 8 or the limits in this Section 9. Non-AI features remain available.
9A. SERVICE INTERRUPTIONS AND THIRD-PARTY DEPENDENCIES
The AI features in Momentum depend on third-party infrastructure (including Apple App Attest, Apple StoreKit, Google's Gemini API, and Cloudflare's network) that is outside our control. We are not liable for failures, delays, errors, refusals, downtime, or interruptions of the AI features caused by: (a) outages or rate-limiting by any of those third parties; (b) changes in their terms, pricing, or availability; (c) network or internet outages, internet service provider issues, or routing problems; (d) automated abuse-prevention measures (rate limits, kill-switches, content classifier refusals, and App Attest verification failures) we apply as described in Sections 8 and 9; or (e) any event of force majeure, including natural disasters, acts of government, civil disturbance, cyberattack, or other circumstances beyond our reasonable control. The rule-based offline path of Momentum is designed to keep the app functional during such interruptions.
10. USER CONDUCT
You agree not to: (a) use the app in any way that violates applicable law or regulation; (b) use the app to harass, harm, or facilitate harm to any person; (c) attempt to gain unauthorized access to any system, network, or data; (d) circumvent or interfere with the security, anti-abuse, or content-moderation systems described in these Terms; (e) use the app to process content you do not have rights to share with a third-party AI service.
11. NO WARRANTY
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, THAT AI FEATURES WILL BE AVAILABLE AT ALL TIMES, THAT THE CONTENT CLASSIFIER WILL CORRECTLY CATEGORIZE EVERY PROMPT, OR THAT AI OUTPUT WILL BE ACCURATE OR USEFUL.
To the extent mandatory consumer protection law in your jurisdiction provides implied warranties that cannot be disclaimed, those warranties apply only to the minimum extent required by law.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF PRODUCTIVITY, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The developer's total cumulative liability for any claims arising from the app shall not exceed the greater of (a) USD $10 or (b) the total amount you paid for Momentum in the twelve months immediately preceding the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for any mandatory statutory rights you have as a consumer.
13. INDEMNIFICATION
To the extent permitted by law, you agree to defend and hold harmless the developer from any third-party claim, demand, or expense (including reasonable legal fees) arising out of your violation of these Terms or misuse of the app.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time. Material changes will be noted in the app's release notes. The "Last updated" date at the top will reflect the most recent revision. Continued use of the app after a change is published constitutes acceptance of the updated Terms. Where required by applicable law (including EU consumer protection law), we will seek your affirmative consent before material changes take effect.
15. TERMINATION
You may stop using the app at any time by uninstalling it; your license terminates automatically upon uninstallation. We may modify, suspend, or discontinue the app or any feature at any time, and we may suspend AI access for a device that violates Sections 8 or 9 above. Upon termination for any reason, Sections 3, 5, 6, 11, 12, 13, 16, and 17 survive.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of Romania, without regard to conflict-of-law principles, as the developer is based in Romania (an EU member state).
If you reside in the EU or UK, mandatory consumer protection laws of your country of residence apply to the extent they are more protective than Romanian law, and you may bring claims before the courts of your country of residence.
For EU consumers: the European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr — we are willing to use this platform.
For disputes not resolved informally, the courts of Romania have non-exclusive jurisdiction.
17. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.
18. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any additional terms presented at the point of purchase, constitute the entire agreement between you and the developer regarding the app and supersede all prior agreements or understandings on that subject.
19. APPLE END-USER LICENSE (REQUIRED BY APPLE)
As required by Apple's App Store Review Guidelines:
These Terms are between you and the developer only, not Apple. Apple has no obligation to furnish maintenance or support for the app. To the extent these Terms allow for usage rules, those rules must be consistent with the App Store Terms of Service.
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of the developer.
Apple is not responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. If any third party claims that the app, or your possession and use of it, infringes that third party's intellectual property rights, the developer, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You must comply with any applicable third-party agreements when using the app — for example, your wireless data service agreement must not be violated by your use of the app.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
20. CONTACT
Questions about these Terms: the.real.momentum.app@gmail.com