Terms & Conditions

01Our Services

Momentum is a cross-platform fitness tracking application that lets users log workouts, track body measurements, visualise progress, and use training tools such as warm-up and plate calculators. The Services are provided for personal, non-commercial fitness tracking purposes only.

The Services are operated from Australia. Users who access from outside Australia do so on their own initiative and are solely responsible for compliance with their local laws. We make no representation that the Services are appropriate or available in all jurisdictions.

Our App complies with applicable data protection, privacy, and consumer protection laws in the jurisdictions in which we operate, including the Australian Privacy Act 1988, the EU GDPR, and the UK GDPR where applicable.

02Intellectual Property Rights

Our Intellectual Property

We own or are licensed to use all intellectual property rights in the Services, including source code, databases, functionality, software, app designs, text, graphics, and trademarks (collectively, "Content" and "Marks"). These are protected under Australian copyright and trademark law and equivalent laws internationally.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial use only. No part of the Services, Content, or Marks may be copied, reproduced, republished, distributed, sold, or commercially exploited without our prior written permission.

Your Submissions

By sending us feedback, suggestions, or other communications about the Services ("Submissions"), you assign to us all intellectual property rights in those Submissions. We may use Submissions for any lawful purpose without compensation to you.

You are responsible for ensuring your Submissions are lawful, accurate, and do not infringe any third party's rights. You agree to indemnify us for any losses arising from a breach of this obligation.

03User Representations

By using the Services, you represent and warrant that:

• All registration information you provide is true, accurate, current, and complete
• You will keep your registration information up to date
• You have the legal capacity to agree to these Terms
• You are at least 13 years of age
• If you are under 18, you have your parent or guardian's permission
• You will not access the Services using automated means (bots, scripts, scrapers) without our written permission
• You will not use the Services for any unlawful or unauthorised purpose
• Your use will comply with all applicable laws and regulations

If any information you provide is false, inaccurate, or incomplete, we reserve the right to suspend or terminate your account.

04User Registration

You may register using your email address or via a supported third-party authentication provider (Google or Apple). You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.

Notify us immediately at support@momentumfithub.com if you suspect unauthorised access to your account. We reserve the right to remove, reclaim, or change a username that we determine, in our sole discretion, is inappropriate or objectionable.

05Subscriptions and Payment

Payment Processors

All prices are displayed in AUD unless otherwise stated. Prices may be converted to your local currency by your payment provider. We may change prices at any time and will provide reasonable notice of material changes.

Billing and Renewal

Paid subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. By subscribing, you authorise us (or the relevant payment processor) to charge your payment method on a recurring basis.

Cancellation

You may cancel at any time through your account settings or through the relevant app store. Cancellation takes effect at the end of your current paid billing period. We do not provide refunds for partial periods except where required by applicable law, including the Australian Consumer Law.

Australian Consumer Law

Nothing in these Terms limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or other applicable consumer protection legislation. If you are entitled to a remedy under applicable law, we will honour that entitlement.

06Prohibited Activities

You may only use the Services for lawful, personal fitness tracking purposes. You must not:

• Systematically scrape, collect, or harvest data from the Services without our written permission
• Attempt to gain unauthorised access to any part of the Services, our servers, or any connected systems
• Circumvent, disable, or interfere with security or access-control features of the Services
• Upload or transmit viruses, malware, or any other harmful code
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Services to harass, abuse, harm, or discriminate against any individual or group
• Post or transmit content that is unlawful, defamatory, obscene, or infringes any third-party rights
• Use the Services in connection with any commercial enterprise not expressly approved by us
• Reverse engineer, decompile, or disassemble any part of the Services except as permitted by law
• Manipulate or falsify workout data, progress records, or subscription status
• Use the Services to promote banned or unlicensed substances, supplements, or medical services
• Engage in any activity that places an unreasonable burden on our infrastructure
• Violate any applicable law or regulation

Breach of this section may result in immediate suspension or termination of your account and, where appropriate, referral to law enforcement authorities.

07User-Generated Contributions

The Services may allow you to create, post, or share content such as workout logs, progress photos, or comments ("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 the necessary rights and permissions to post your Contributions
• Your Contributions are accurate and not misleading
• Your Contributions comply with all applicable laws
• Your Contributions do not contain offensive, discriminatory, or harmful content

We may, but are not obligated to, review, monitor, or remove Contributions that we determine in our sole discretion to be unlawful, harmful, or in breach of these Terms.

08Contribution Licence

You retain ownership of your Contributions. By posting Contributions to the Services, you grant us a non-exclusive, royalty-free, worldwide, sublicensable licence to use, store, display, and distribute your Contributions solely for the purpose of operating and improving the Services.

We do not claim ownership of your personal fitness data (workout logs, body measurements). That data belongs to you, and we process it only as described in our Privacy Policy.

09Mobile Application Licence

Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, limited licence to install and use the App on devices you own or control, for your personal, non-commercial use only.

You must not:

• Decompile, reverse engineer, or attempt to derive the source code of the App (except as permitted by law)
• Modify, adapt, translate, or create derivative works of the App
• Use the App to build a competing product or service
• Remove or alter any proprietary notices in the App
• Use the App in any way that violates these Terms or applicable law

Apple and Android Devices

If you access the App via the Apple App Store or Google Play Store (each an "App Distributor"), the following additional terms apply:

• Your licence is limited to use on an Apple iOS or Android device in accordance with the relevant App Distributor's usage rules
• The App Distributor is not a party to these Terms and has no obligation to provide maintenance or support for the App
• If the App fails to conform to any applicable warranty, you may notify the App Distributor and, subject to its policies, it may refund the purchase price. To the maximum extent permitted by law, the App Distributor has no other warranty obligation
• You represent that you are not located in a country subject to an applicable government embargo or on any government prohibited-parties list
• Apple and Google are third-party beneficiaries of the mobile application licence terms in this section and may enforce those terms against you

10Health and Fitness Disclaimer

Before beginning any new exercise programme, changing your diet, or making any other health-related decision, you should consult a qualified medical professional, exercise physiologist, or other licensed health practitioner. This is particularly important if you have any pre-existing medical condition, injury, or health concern.

Workout data, body measurements, and progress metrics logged in the App are entered by you and are not verified by us. We make no representation that any training programme, exercise, or metric logged in the App is safe or appropriate for your individual circumstances.

To the fullest extent permitted by law, we disclaim all liability for any injury, illness, loss, or damage arising from your reliance on information or features provided through the Services. Your use of the Services for exercise or fitness purposes is entirely at your own risk.

11Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Terms
• Take appropriate action against any user who violates these Terms or applicable law, including suspending or terminating their account
• Remove or disable any Contributions or content that we determine to be unlawful, harmful, or in breach of these Terms
• Manage the Services in a manner designed to protect our rights and the interests of our users

12Privacy Policy

We care about your privacy. Please review our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to the collection and use of your information as described in our Privacy Policy.

Our Services are hosted using Firebase (Google LLC), with infrastructure primarily located in the United States. If you access the Services from outside the United States, your data may be transferred to and processed in the United States or other countries. We ensure such transfers are made with appropriate safeguards in place.

We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided personal information without verifiable parental consent, we will delete that information as promptly as practicable. If you believe a child under 13 has submitted personal information to us, please contact us at support@momentumfithub.com.

13Term and Termination

These Terms remain in effect while you use the Services. We reserve the right to suspend or terminate your access at any time, without notice, if we determine you have violated these Terms, applicable law, or if we cease to operate the Services.

If your account is terminated, you must not create a new account without our written permission. We reserve the right to take appropriate legal action for any breach of these Terms.

On termination, all licences granted to you under these Terms will immediately cease. Sections that by their nature should survive termination (including Sections 02, 10, 15, 16, 18, 19, 20) will continue to apply.

14Modifications and Interruptions

We reserve the right to change, modify, or discontinue the Services (or any part of them) at any time without notice. We will not be liable for any loss, damage, or inconvenience caused by any modification, suspension, or discontinuance of the Services.

We do not guarantee that the Services will be available at all times. The Services may be interrupted by maintenance, technical issues, or circumstances beyond our control. We have no obligation to provide any specific uptime level.

15Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles. 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 these Terms or the Services.

Nothing in this section limits any rights you may have under the Australian Consumer Law or other applicable mandatory consumer protection legislation.

16Dispute Resolution

Informal Negotiation

Before initiating any formal proceedings, you agree to first contact us at support@momentumfithub.com and attempt to resolve the dispute informally. We will attempt to resolve it within 30 days of receiving written notice. This requirement does not apply to urgent applications for injunctive or interlocutory relief.

Formal Dispute Resolution

If informal negotiation does not resolve the dispute within 30 days, either party may refer the matter to mediation administered by the Resolution Institute (Australia) or, if mediation fails, to binding arbitration under the Resolution Institute Arbitration Rules. The seat of arbitration shall be Melbourne, Victoria, Australia. The language of proceedings shall be English.

No Class Actions

All disputes must be brought in your individual capacity. You agree not to bring or participate in any class action, representative action, or consolidated proceeding against us to the fullest extent permitted by law.

Exceptions

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened breach of intellectual property rights or to protect confidential information.

17Corrections

The Services may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, and availability. We reserve the right to correct any such errors and to update information at any time without prior notice.

18Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted access.

We do not warrant that the Services will be error-free, secure, or continuously available, or that any defects will be corrected. We do not warrant the accuracy or completeness of any content provided through the Services.

Nothing in this section is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other condition that cannot be lawfully excluded or limited under the Australian Consumer Law.

19Limitations of Liability

To the fullest extent permitted by applicable law, we and our officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, personal injury, or property damage, arising from your use of the Services.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded or limited under applicable law, including the Australian Consumer Law.

20Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your Contributions
• Your breach of these Terms
• Your breach of any third party's rights, including intellectual property rights
• Any harmful act you take against another user of the Services

We reserve the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defence of such claims.

21User Data

We maintain your data (including workout logs and account information) to operate and improve the Services. While we perform regular backups, you are solely responsible for maintaining your own copies of any data you consider important.

To the fullest extent permitted by law, we will not be liable for any loss or corruption of your data. We encourage you to export or back up your data regularly.

22Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including via email and in-app notifications. You agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that such communications be in writing.

23Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to a remedy. For failures that do not amount to a major failure, we are entitled to choose to give you a free fix or, if we cannot fix it in a reasonable time, you are entitled to recover the costs of having it fixed elsewhere.

Nothing in these Terms is intended to limit or exclude any guarantee, right, or remedy that you have under the Australian Consumer Law or any other applicable mandatory legislation.

24Miscellaneous

These Terms, together with our Privacy Policy and any other policies posted on the Services, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. If any provision is found to be unlawful, void, or unenforceable, that provision will be severed without affecting the validity of the remaining provisions.

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

We are not responsible for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, telecommunications failures, or third-party service outages.

25Contact Us