Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Momentary ("we," "us," or "Company") governing your access to and use of the Momentary platform, website, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Momentary provides a cloud-based platform for creating, deploying, and managing Ecological Momentary Assessment (EMA) surveys and research studies. The Service includes:

• Survey creation and design tools
• Participant management and communication features
• Data collection and storage
• Analytics and reporting capabilities
• Export and integration functionality

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered through various subscription tiers with different participant limits and features. Current pricing is available on our website and may be updated from time to time.

4.2 Billing

By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis (monthly or annually, depending on your selection). Subscriptions automatically renew unless cancelled before the renewal date.

4.3 Free Trial

We may offer free trials for new users. At the end of the trial period, your account will be converted to a paid subscription unless you cancel or downgrade before the trial ends.

4.4 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds or credits at our sole discretion in certain circumstances. Contact support for refund requests.

4.5 Price Changes

We reserve the right to change our prices. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.

5. User Responsibilities

5.1 Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and ethical guidelines, including but not limited to:

• Research ethics requirements and Institutional Review Board (IRB) approvals
• Data protection laws (GDPR, CCPA, HIPAA, etc.)
• Informed consent requirements
• Professional codes of conduct

5.2 Participant Consent

You are solely responsible for obtaining appropriate informed consent from research participants before collecting their data through the Service. You must clearly inform participants about data collection, storage, and use practices.

5.3 Data Accuracy

You are responsible for the accuracy, quality, and legality of all data you collect, upload, or process through the Service.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Conduct research without proper ethical approval or participant consent
• Collect sensitive personal data without appropriate safeguards
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for illegal, fraudulent, or deceptive purposes
• Harass, abuse, or harm other users or participants
• Send unsolicited communications (spam)
• Circumvent any access or use restrictions

Violation of this policy may result in immediate termination of your account.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by Momentary and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

7.2 Your Content

You retain ownership of all content you create, upload, or collect through the Service ("User Content"), including survey designs, research data, and study configurations. By using the Service, you grant us a limited license to host, store, and process your User Content solely to provide the Service to you.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

8. Data Ownership and Processing

8.1 Your Data

All research data collected through your studies belongs to you. We act as a data processor on your behalf and will only process your data as necessary to provide the Service or as required by law.

8.2 Data Processing Agreement

For users subject to GDPR or other data protection regulations requiring a data processing agreement, our standard Data Processing Addendum (DPA) is incorporated into these Terms. Contact us for a signed copy.

8.3 Data Export

You may export your data at any time in standard formats. Upon account termination, you will have 30 days to export your data before it is deleted.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

10. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to the terms of those services.

11. Service Availability and Support

11.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

11.2 Support

Support is provided via email during normal business hours. Response times vary by subscription tier. We do not guarantee resolution of all issues.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

You use the Service at your own risk. We are not responsible for the validity, reliability, or accuracy of research conducted using the Service.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOMENTARY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Loss or corruption of data
• Errors, mistakes, or inaccuracies in the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

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

14. Indemnification

You agree to defend, indemnify, and hold harmless Momentary and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your research activities conducted using the Service
• Your violation of any third-party rights or applicable laws

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature in your settings. Termination does not entitle you to a refund of any prepaid fees.

15.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

15.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• You will have 30 days to export your data (unless terminated for cause)
• After the export period, your data will be deleted
• Provisions that by their nature should survive termination will survive

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@momentary.io. We will attempt to resolve the dispute within 30 days.

16.2 Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in [City, State], and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending arbitration.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

18. Changes to Terms

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

• Posting the updated Terms on this page with a new "Last updated" date
• Sending an email notification to registered users
• Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Momentary regarding the Service.

19.2 Severability

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

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

19.4 Assignment

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

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@momentary.io.

20. Contact Information

If you have any questions about these Terms, please contact us: