These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “You”) and Orion Development (“we,” “us,” or “our”) regarding your use of the Momentum mobile application (“App”).

By accessing or using the App, you agree to:

• Be bound by these Terms.

• Comply with all applicable laws and regulations.

• Accept our Privacy Policy.

If you do not agree to these Terms, do not use the App.

Momentum is a productivity and habit-tracking application for iOS and watchOS devices that allows you to:

• Create and track daily habits.

• Build and manage routines.

• Set and monitor goals.

• Schedule and manage events.

• Write daily briefs and reflections.

• View progress reports and statistics.

• Receive optional notifications and reminders.

• Display habit data in iOS and Apple Watch widgets.

• Sync data across your devices via Apple’s iCloud (CloudKit).

• Sign in with Apple for account authentication.

Your data is stored locally on your device and synced across your devices using Apple’s iCloud (CloudKit). We do not operate our own servers or databases.

To use Momentum, you must:

• Be at least 13 years of age.

• Have the legal capacity to enter into these Terms.

• Have a compatible iOS device.

• Comply with these Terms and all applicable laws.

By using the App, you represent and warrant that you meet these requirements.

4.1 Subscription Plans:

• Monthly

  • Price: $1.29 USD subject to change

  • Cycle: Every month

  • Features: Full access to all premium features.

• Annual

  • Price: $11.99 USD subject to change

  • Cycle: Every 12 months

  • Features: Full access to all premium features

• Lifetime

  • Price: $39.99 USD subject to change

  • Cycle: One-time payment only, non-renewing

  • Features: Lifetime access to all premium features

Note: Prices are in US Dollars and may vary by region. Prices are subject to change with 30 day notice.

4.2 Payment Processing

• All payments are processed through Apple’s App Store.

• Payment will be charged to your Apple Account at confirmation of purchase.

• We do not collect or store payment information.

• Payment processing is subject to Apple’s Terms and Conditions.

4.3 Auto-Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.

• Your Apple Account will be charged for renewal within 24 hours prior to the end of the current period.

• The renewal charge will be the same amount as your original subscription, unless pricing has changed or original subscription was an temporary introductory offer.

• You will be notified of price changes at least 30 days in advance.

4.4 Managing Subscriptions

You can manage and cancel your subscription at any time:

• Open Settings on your iOS device.

• Tap your name at the top.

• Tap Subscriptions.

• Select Momentum.

• Tap Cancel Subscriptions.

Alternatively, manage subscriptions in the App Store app or at apps.apple.com/account/subscriptions.

4.5 Cancellation

• You may cancel at any time.

• Cancellation takes effect at the end of your current billing period.

• You will retain access to premium features until the end of the paid period.

• No partial refunds for unused time.

4.6 Free Trials (if applicable)

If we offer a free trial:

• The trial period will be clearly stated at time of purchase.

• You will be charged when the trial ends unless you cancel before the trial period ends.

• Cancel anytime during the trial to avoid charges.

• One free trial per user (per Apple Account)

All purchases are processed through Apple’s App Store and are subject to Apple’s refund policy.

5.1 Requesting a Refund

To request a refund:

• Go to reportaproblem.apple.com

• Sign in with your Apple ID.

• Select “Request a refund”.

• Choose Momentum and follow the prompts.

Refund approval is at Apple’s sole discretion. We cannot process refunds directly.

5.2 Refund Eligibility

Apple may approve refunds for:

• Technical issues preventing app use.

• Accidental purchases.

• Duplicate charges.

Generally, refunds are not provided for:

• Change of mind.

• Unused subscription time after cancellation.

• Feature requests or missing features.

6.1 Acceptable Use

You agree to use Momentum only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Reverse engineer, decompile, or disassemble the App.

• Modify, adapt, or hack the App.

• Attempt to access the App’s source code.

• Remove or modify any copyright or proprietary notices.

• Use the App in any way that violates applicable laws.

• Use automated systems or scripts to access the App.

6.2 Account Security

• You are responsible for maintaining the security of your iOS device.

• Enable device passcode and biometric authentication.

• Do not share your device with unauthorized users.

• We are not responsible for unauthorized access due to device security failures.

6.3 Data Backup and Sync

• Your data is stored locally on your device and synced via Apple’s iCloud (CloudKit).

• iCloud sync requires an active Apple Account with iCloud enabled.

• We do not operate backup servers – sync is provided by Apple’s iCloud infrastructure.

• You are responsible for ensuring iCloud is properly configured on your devices.

• We are not liable for data loss due to iCloud service disruptions, device failure, deletion, or other causes.

Export Functionality:

Momentum provides data export features that allow you to download your personal tracking data in JSON and CSV formats. This feature is provided for your convenience to enable data backups and portability.

Your Responsibilities:

When you use the data export feature, you agree to the following:

• Data Security: Once you export data from Momentum, you are solely responsible for the security, storage, and protection of those exported files.

• Sharing & Distribution: You are responsible for controlling how exported data is shared or distributed. Do not share exported files with untrusted parties, as they may contain sensitive personal information.

• Unauthorized Access: We are not liable for any unauthorized access to, disclosure of, or use of data that you have exported and subsequently shared or stored insecurely.

• Prohibited Use: You agree not to use exported data to:

  • Reverse-engineer the Momentum application.

  • Create competing products or services.

  • Violate any applicable laws or regulations.

  • Infringe on our intellectual property rights.

• Data Accuracy: While we strive to ensure exported data is accurate and complete, you are responsible for verifying the accuracy of exported data before using it for any critical purpose.

• No Backup Guarantee: The export feature is provided as-is. We do not guarantee that exported files can be successfully re-imported in future versions of Momentum, though we will make reasonable efforts to maintain compatibility.

Our Limitations:

• We do not receive, store, or have access to your exported data files.

• We cannot recover data from lost or corrupted export files.

• We are not responsible for data loss that occurs after export from Momentum.

• Support for exported data is limited to the import functionality within Momentum.

By using the data export feature, you acknowledge that you understand these responsibilities and limitations.

8.1 Ownership

Momentum and all its components are owned by Orion Development and protected by:

• Copyright law.

• Trademark law.

• Trade secret law.

• Other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your iOS device(s).

• Use the App for personal, non-commercial purposes.

This license does not grant you any ownership rights to the App.

8.3 Your Content

You retain all rights to the content you create in the App (habits, routines, goals, events, etc.). We:

• Do not claim ownership of your content.

• Cannot access your content (it’s stored on your device and in your private iCloud account).

• Do not use your content for any purpose.

9.1 “As Is” Provision

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability.

• Fitness for a particular purpose.

• Non-infringement.

• Accuracy, reliability, or completeness.

9.2 No Medical or Professional Advice

Important Notice: Momentum is a productivity tool, NOT a medical device or professional service.

• The App does not provide medical, psychological, or professional advice.

• Do not use the App as a substitute for professional guidance.

• Consult qualified professionals for health, mental health, or wellness concerns.

• We are not liable for decisions made based on App usage.

9.3 Availability

We do not guarantee that the App will:

• Always be available or uninterrupted.

• Be error-free or bug-free.

• Meet your specific requirements.

• Be compatible with all iOS versions or devices.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages.

• This includes damages for lost profits, data loss, or business interruption.

• Our total liability shall not exceed the amount you paid for the App in the 12 months prior to the claim.

• If you have not paid anything, our liability is limited to $10 USD.

You agree to indemnify and hold harmless Orion Development from any claims, damages, or expenses arising from:

• Your use of the App.

• Your violation of these Terms.

• Your violation of any laws or third-party rights.

We reserve the right to:

• Modify or discontinue the App at any time.

• Add or remove features.

• Update pricing (with 30 day notice).

• Change subscription plans.

We will make reasonable efforts to notify you of significant changes through in-app notifications or updates.

We may update these Terms from time to time. Changes will be effective when posted. We will notify you of material changes throguh:

• In-app notification.

• Updating the “Last Updated” date above.

Your continued use after changes constitutes acceptance of the new Terms.

14.1 By You

You may stop using the App at any time by:

• Canceling your subscription (if applicable).

• Uninstalling the App from your device.

14.2 By Us

We may suspend or terminate your access if you:

• Violate these Terms.

• Engage in fraudulent activity.

• Abuse or misuse the App.

14.3 Effects of Termination

• Your license to use the App ends immediately.

• You must stop using the App and delete it from your device.

• No refunds will be provided for remaining subscription time.

• Provisions that should survive (liability, indemnification) remain in effect.

15.1 Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

15.2 Dispute Resolution

If you have a dispute with us:

• First: Contact us on this website and at momentum@orioncolumn.app to resolve informally.

• We will attempt to resolve disputes in good faith within 30 days.

• If informal resolution fails, disputes will be resolved through binding arbitration.

15.3 Arbitration

• Any unresolved disputes shall be settled by binding arbitration.

• Arbitration will be conducted by the American Arbitration Association (AAA).

• Arbitration will take place in California or remotely via video conference.

• You agree to waive your right to a jury trial.

• You agree not to participate in class action lawsuits against us.

If any provision of these Terms is found to be unenforceable or invalid:

• That provision will be modified to the minimum extent necessary.

• Other provisions remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orion Development regarding the App.

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

• You may not assign these Terms without our written connsent.

• We may assign these Terms to any successor or affiliate.

For questions, concerns, or support regarding these Terms or the App:

• Email: momentum@orioncolumn.app

• Developer: Orion Development

• Response Time: We aim to respond within 48 hours.

For subscription or payment issues, contact Apple Support at support.apple.com

BY DOWNLOADING, INSTALLING, OR USING MOMENTUM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.