Agreement to This EULA
Momentum ("Licensed Application") is licensed to You by Ryan Irani, a sole trader operating under Australian law (support@momentumfithub.com), for use only under the terms of this End User Licence Agreement. By downloading the Licensed Application from the Apple App Store or Google Play Store, You indicate that You have read, understood, and agree to be bound by these terms. If You do not agree, do not download or use the Licensed Application.The Stores are not parties to this EULA. Momentum — not the Stores — is solely responsible for the Licensed Application and its content. Where any conflict exists with Apple's or Google's Usage Rules, the Usage Rules prevail.
01The Application
Momentum is a cross-platform fitness tracking application, available for iOS and Android. It is designed to help users log workouts, track body measurements, visualise training progress, and use fitness tools including warm-up and plate calculators.
The Licensed Application is a personal fitness tool only. It is not a medical device and is not intended for clinical, diagnostic, or therapeutic use. It is not designed or certified to comply with HIPAA, the Therapeutic Goods Act 1989 (Australia), or equivalent medical device regulations. If your use would be subject to such laws, you must not use the Licensed Application for those purposes.
02Scope of Licence
Subject to the terms of this EULA, Licensor grants You a revocable, non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on devices You own or control, as permitted by the applicable Store's Usage Rules. Where permitted by the Usage Rules, the Licensed Application may be accessed via Family Sharing.
This licence governs any updates to the Licensed Application that replace, repair, or supplement the original, unless a separate licence is provided for such update.
You must not:
- Share, sell, rent, lend, lease, sublicense, or otherwise redistribute the Licensed Application to any third party, except as expressly permitted by the Usage Rules
- Reverse engineer, decompile, disassemble, translate, modify, adapt, or attempt to derive the source code of the Licensed Application, except to the limited extent permitted by applicable law (including the Copyright Act 1968 (Australia))
- Copy or alter the Licensed Application except as reasonably necessary for backup purposes on devices You own or control
- Remove any intellectual property or proprietary notices from the Licensed Application
If You sell or transfer Your device, You must remove the Licensed Application from it beforehand. Violation of these obligations may result in termination of Your licence and may expose You to civil or criminal liability.
Licensor reserves the right to modify the terms of this licence at any time. Continued use of the Licensed Application following notice of any modification constitutes acceptance of the updated terms.
03Technical Requirements
The Licensed Application requires a minimum of iOS 16.0 or Android 10.0 (API level 29). Licensor recommends using the latest available version of your device's operating system for the best experience and security.
Licensor will endeavour to keep the Licensed Application compatible with current versions of iOS and Android, but does not guarantee compatibility with all future OS versions. You are not entitled to demand updates to maintain compatibility. You are responsible for ensuring your device meets the minimum requirements before downloading.
04Maintenance and Support
Momentum is solely responsible for providing maintenance and support for the Licensed Application. Contact us at support@momentumfithub.com for support enquiries.
The Apple App Store and Google Play Store have no obligation to provide any maintenance or support services for the Licensed Application.
05Use of Data and Third-Party Services
Your use of the Licensed Application is subject to our Privacy Policy, which is incorporated into this EULA by reference. By using the Licensed Application, You consent to the collection and use of Your information as described therein.
Licensor may periodically collect technical and diagnostic data about Your device, operating system, and app performance, used to provide support, deliver updates, monitor stability, and improve the Licensed Application.
Third-Party Services
Cloud infrastructure, user authentication, and push notifications. Data may be processed in the US.
In-app subscription and purchase management for iOS and Android.
Web-based payment processing. Card details are handled directly by Stripe and not stored by us.
Application error and crash monitoring. Reports may include device metadata and anonymised diagnostic information.
Product analytics and feature usage tracking. Data is pseudonymised where possible.
Each third-party service provider is engaged under a written data processing agreement.
06Health and Fitness Disclaimer
Please Read This Section Carefully
The Licensed Application is a personal fitness tracking tool only. It does not provide medical advice, diagnosis, treatment, or professional health guidance of any kind. Nothing in the Licensed Application should be construed as medical or professional health advice.Before beginning any new exercise programme, modifying your diet, or making any health-related decision, You should consult a qualified medical professional, exercise physiologist, or other licensed health practitioner. This is especially important if You have any pre-existing medical condition, injury, disability, or health concern.
Workout data, body measurements, and other fitness metrics logged in the Licensed Application are entered by You and are not verified by Licensor. Licensor makes no representation that any exercise, training programme, or metric in the Licensed Application is appropriate or safe for Your individual circumstances.
To the fullest extent permitted by applicable law, Licensor disclaims all liability for any injury, illness, loss, or damage of any kind arising from Your use of or reliance on the Licensed Application for fitness or exercise purposes. Your use of the Licensed Application for exercise is entirely at Your own risk.
07User-Generated Contributions
The Licensed Application may provide opportunities to create, submit, or share content including workout logs, progress notes, or other materials ("Contributions"). By making Contributions available, You represent and warrant that:
- Your Contributions do not infringe any intellectual property, privacy, or other rights of any third party
- You own or have all necessary licences, rights, consents, and permissions to post Your Contributions
- Your Contributions are accurate and not misleading
- Your Contributions do not contain content that is unlawful, defamatory, obscene, harassing, discriminatory, or otherwise harmful
- Your Contributions do not violate any applicable law or regulation, including laws protecting the wellbeing of minors
- Your Contributions comply with all provisions of this EULA
Breach of the above may result in suspension or termination of Your licence to use the Licensed Application.
08Contribution Licence
You retain full ownership of Your Contributions and any associated intellectual property rights. By submitting Contributions, You grant Licensor a non-exclusive, royalty-free, worldwide licence to use, store, and display Your Contributions solely for the purpose of operating and improving the Licensed Application.
By submitting feedback or suggestions, You agree that Licensor may use and share that feedback for any lawful purpose without compensation to You.
Licensor is not liable for any statements or representations contained in Your Contributions. You are solely responsible for Your Contributions and agree to hold Licensor harmless from any claims arising from them.
09Intellectual Property Rights
All intellectual property rights in the Licensed Application — including source code, design, functionality, graphics, and trademarks — are owned by or licensed to Momentum and are protected under Australian copyright and trademark law and equivalent international laws.
In the event of any third-party claim that the Licensed Application or Your possession and use of it infringes a third party's intellectual property rights, Momentum — not the Stores — will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
10Product Claims
Momentum — not the Stores — is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your use of it, including:
- Product liability claims
- Claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, privacy, or similar legislation
Nothing in this section limits any rights You may have under the Australian Consumer Law or other applicable mandatory consumer protection legislation.
11Liability
To the fullest extent permitted by applicable law, Licensor will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or personal injury, arising from Your use of the Licensed Application.
Nothing in this EULA limits Licensor's liability for death or personal injury caused by Licensor's negligence, fraud, or any other liability that cannot be excluded or limited under applicable law, including the Australian Consumer Law.
To avoid data loss, You are encouraged to maintain your own backups of important data. Licensor is not responsible for loss or corruption of data arising from Your use of the Licensed Application.
12Warranty and Australian Consumer Law
Licensor warrants that, at the time of Your download, the Licensed Application is free of known malware, spyware, trojans, and viruses, and that it functions materially as described in the product documentation.
No warranty is provided where the Licensed Application has been unauthorisedly modified, used with incompatible hardware or software, misused, or where the issue arises from factors outside Licensor's reasonable control.
If You discover a defect, notify Licensor promptly at support@momentumfithub.com. Confirmed defects will be remedied by means of a fix or substitute delivery. If the Licensed Application fails to conform to any applicable warranty, You may notify the relevant Store and, subject to its policies, Your purchase price (if any) may be refunded. The Store has no further warranty obligation.
Australian Consumer Law Guarantee
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled to cancel Your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, You are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for the unused portion. Nothing in this EULA limits any right or remedy You have under the Australian Consumer Law.13Legal Compliance
You represent and warrant that:
- You are not located in a country subject to an applicable government embargo or designated as a terrorism-supporting country by the Australian, US, or UN government
- You are not named on any government list of prohibited or restricted parties
14Third-Party Terms and Beneficiaries
Momentum represents and warrants that it will comply with applicable third-party terms of service when using the Licensed Application.
In accordance with Apple's and Google's developer programme requirements, both Apple Inc. and Google LLC (and their subsidiaries) are third-party beneficiaries of this EULA. Upon Your acceptance of this EULA, Apple and Google each have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary.
15Termination
This EULA is effective until terminated by You or by Momentum. Your rights under this EULA will terminate automatically and without notice if You fail to comply with any term. Momentum may also terminate this EULA at any time with reasonable notice if the Licensed Application is discontinued.
Upon termination, You must immediately cease all use of the Licensed Application and delete all copies, full or partial, from Your devices. Sections that by their nature should survive termination (including Sections 06, 08, 09, 11, 12, and 16) will continue to apply after termination.
16Applicable Law
This EULA is governed by the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any dispute arising out of or in connection with this EULA.
Nothing in this section limits any rights You may have under the Australian Consumer Law or other applicable mandatory consumer protection legislation.
17Miscellaneous
If any provision of this EULA is found to be unlawful, void, or unenforceable, that provision will be severed without affecting the validity of the remaining provisions. Any invalid provision will be replaced with a valid provision that most closely achieves the intent of the original.
Licensor may update this EULA by publishing a revised version with an updated "Last updated" date. Your continued use of the Licensed Application following such publication constitutes acceptance of the revised EULA.
This EULA constitutes the entire agreement between You and Ryan Irani with respect to the Licensed Application and supersedes all prior agreements, representations, and understandings. Licensor's failure to enforce any right or provision of this EULA will not constitute a waiver of that right or provision.