Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Momental platform and services (collectively, the "Service") provided by Avery Intelligence Inc. (doing business as "Momental"), a company organized under the laws of the United States ("Company", "we", "us", or "our").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Momental provides an AI-powered strategic alignment platform for product teams. The Service helps teams stay in sync by proactively surfacing conflicts, gaps, and blockers before they derail roadmaps. Our platform utilizes advanced artificial intelligence, including large language models, semantic memory systems, and autonomous decision-making capabilities.

The Service includes but is not limited to:

• Ailo: Primary AI assistant for chat, memory, proactive insights, and task execution
• Atlas: Alignment engine for document analysis, conflict detection, and strategic alerts
• Knowledge Library: Structured capture of organizational knowledge (facts, insights, decisions, principles) with automatic relationship detection
• Product Tree: OKR-based strategic framework connecting daily work to company strategy
• Document Intelligence: Automated analysis of uploaded documents with insight extraction and alignment checking
• Proactive monitoring and engagement using OODA (Observe-Orient-Decide-Act) loop architecture
• Semantic memory and context retention across conversations
• Integration with third-party collaboration platforms

By using the Service, you acknowledge and agree that:

• AI technology produces probabilistic outputs; accuracy and reliability may vary based on input quality and use case
• You accept responsibility for reviewing AI-generated outputs before using them for important decisions
• The Service is not designed for life-safety, medical diagnosis, legal advice, or financial compliance purposes

Service Evolution:

• New Features: May be added at any time, often with advance announcement
• Feature Modifications: We will provide 14 days notice before materially changing features you actively use
• Feature Removal: We will provide 30 days notice before removing features, except for security or legal reasons
• Breaking Changes: For API or integration changes that require customer action, we will provide 60 days notice and migration guidance

Notice will be sent to workspace administrators via email and displayed in the application. You may terminate with a pro-rata refund if a material change negatively impacts your use of the Service.

The Service includes a Knowledge Library that captures and organizes organizational knowledge. By using the Service, you understand and agree:

Knowledge Capture:

• Knowledge Atoms: Facts, insights, decisions, and principles you share may be extracted and stored as searchable "knowledge atoms"
• Relationships: The system automatically detects and creates relationships between knowledge items (supports, contradicts, supersedes, etc.)
• Derivation Chains: The system tracks how knowledge evolves from raw data to insights to decisions to principles
• Persistent Storage: Knowledge atoms remain in your workspace until you delete them or terminate your account

Automated Conflict Detection:

• The Service automatically analyzes workspace content to detect potential contradictions, duplicates, or conflicts between information
• When conflicts are detected (e.g., two team members state different revenue targets), the system flags them for human review
• Conflict detection uses both vector similarity search and AI-based semantic analysis
• You control how conflicts are resolved (merge, keep both, supersede, dismiss)

Cross-Team Analysis:

For workspaces with multiple teams, the Service may analyze information across teams within your organization to detect strategic misalignment, duplicate efforts, or conflicting initiatives. This helps ensure organizational alignment but means information from one team may be compared against information from other teams in your workspace.

When you upload documents to the Service, Atlas (our alignment engine) processes them through an automated pipeline:

• Insight Extraction: Key facts, decisions, and strategic information are automatically extracted and stored as knowledge atoms
• Tree Placement: Extracted content may be connected to your Product Tree (OKR hierarchy)
• Alignment Checking: Documents are analyzed for conflicts with existing organizational knowledge
• Alert Generation: The system may generate strategic alerts including:
  • DUPLICATE_EFFORT - Multiple teams working on similar initiatives
  • UNCONNECTED_WORK - Initiatives without clear strategic connection
  • BLOCKED_INITIATIVE - Dependencies preventing progress
  • STALE_DOCUMENT - Strategy documents that may need updating

Document processing creates persistent artifacts in your workspace. These remain until you delete them or terminate your account.

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that your account information remains accurate and up-to-date

You must be at least 18 years old to create an account. If you are creating an account on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Additional Representations:

• You represent that you are NOT operating in a regulated industry (healthcare, financial services, legal services) unless you have received explicit written approval from us
• You certify that you will not use the Service for any prohibited purposes as outlined in Section 7.1
• You represent that you have authority to connect third-party platforms and to share workspace data with our Service

The Service is offered through a seat-based subscription model. Current pricing is available on our pricing page. All fees are exclusive of applicable taxes unless otherwise stated.

Pricing Structure:

• Per-Seat Pricing: You pay for each user seat in your workspace
• Monthly or Annual Billing: Choose between monthly payments or annual commitment (with discount)
• Free Trial: New accounts receive a 7-day free trial with no payment required

Payment Terms:

• Subscription fees are billed in advance (monthly or annually)
• Payment is due upon receipt of invoice
• All fees are non-refundable except as required by law or as expressly stated
• We reserve the right to modify pricing with 30 days' notice to existing customers

You authorize us to charge your designated payment method for all fees. If payment fails, we may suspend or terminate your access to the Service.

To ensure service quality for all customers, the following usage policies apply:

AI Usage:

• AI processing is metered based on the underlying language model costs
• Your workspace maintains a credit balance for AI usage
• We will notify you when your credit balance is running low
• Additional credits may be purchased as needed

Fair Use Policy:

• We reserve the right to throttle or limit usage that we determine to be abusive, excessive, or commercially unreasonable
• Automated scripts or bots that generate excessive API calls may be rate limited

Runaway Prevention:

• If autonomous OODA loops or AI agents generate excessive API calls (runaway behavior), we may implement emergency rate limiting without advance notice
• You are responsible for monitoring your AI interactions and ensuring they do not generate excessive usage
• We will make commercially reasonable efforts to detect and prevent runaway behavior. You may dispute charges for suspected runaway behavior within 30 days of invoice.

Spending Controls:

• Monthly Spending Cap: You may set a monthly spending cap in your workspace settings. When reached, AI processing will pause until the next billing cycle or until you increase the cap.
• Spending Alerts: We will notify workspace administrators via email when AI usage reaches 50%, 80%, and 100% of the monthly cap.
• Autonomous Loop Protection: If our systems detect potential runaway behavior (e.g., AI-to-AI conversation loops), we will automatically pause the affected agents and notify you. We will not charge for API calls identified as runaway behavior after detection.
• Billing Disputes: You may dispute charges for suspected runaway behavior within 30 days by contacting billing@momentalos.com. We will investigate and credit confirmed runaway charges.

We commit to the following service levels for the Momental platform:

Availability:

• Target Uptime: 99.5% monthly availability for the core platform (excluding scheduled maintenance)
• Scheduled Maintenance: We will provide at least 48 hours notice for planned maintenance windows
• Status Page: Real-time service status is available at status.momentalos.com

Support:

• Email support: Response within 24 business hours
• Critical issues (service down): Response within 4 hours

Enhanced SLAs with uptime credits are available for Enterprise customers under separate agreement.

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

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to create, distribute, or facilitate illegal content
• Attempt to reverse engineer, decompile, or extract the underlying models or algorithms
• Use the Service to harass, abuse, or harm others
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use the Service to generate spam, malware, or malicious content
• Attempt to gain unauthorized access to other users' accounts or data
• Scrape, data-mine, or harvest information from the Service through automated means
• Resell or redistribute the Service without our explicit written permission

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including suspension or termination of accounts.

• Protected Health Information (PHI): Any individually identifiable health information as defined by HIPAA
• Payment Card Data: Credit card numbers, CVV codes, or other PCI-DSS protected payment information
• Social Security Numbers: SSNs, tax identification numbers, or national identity numbers
• Financial Account Credentials: Bank account numbers, routing numbers, investment account access codes
• Biometric Data: Fingerprints, retina scans, facial recognition data, or other biometric identifiers
• Children's Personal Information: Any personal data of individuals under 13 years old (COPPA protected)
• Authentication Credentials: Passwords, API keys, access tokens, or cryptographic private keys

Compliance Notice:

The Service is NOT HIPAA-compliant, NOT PCI-DSS compliant, and NOT designed for regulated data. By using the Service, you certify that:

• You will not input any prohibited data types listed above
• You will implement appropriate controls to prevent such data from entering the Service
• You understand that we cannot and do not guarantee protection of prohibited data types

Violation of this section will result in immediate termination of your account without refund, and you will be solely liable for any resulting regulatory violations, fines, or damages.

Our IP: The Service, including all software, algorithms, models, text, graphics, logos, and other materials, is owned by Avery Intelligence Inc. and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your Content: You retain ownership of any data, content, or materials you provide to the Service ("User Content"). By using the Service, you grant us a worldwide, royalty-free license to use, store, process, and analyze your User Content solely to provide and improve the Service.

AI-Generated Content: Content generated by AI Employees in response to your inputs is provided to you for your use. However, due to the nature of AI systems, we cannot guarantee the uniqueness of such content and disclaim any warranties regarding intellectual property rights in AI-generated outputs.

IP Infringement Risk:

AI-generated content may inadvertently reproduce, derive from, or infringe upon third-party intellectual property, including:

• Copyrighted text, code, or creative works from the AI model's training data
• Patented inventions or processes
• Trademarked brands, logos, or slogans
• Trade secrets or confidential information

YOU ASSUME ALL RISK for intellectual property infringement arising from AI-generated content. You are solely responsible for:

• Conducting your own IP clearance and freedom-to-operate analysis
• Verifying that AI-generated outputs do not infringe third-party rights
• Obtaining necessary licenses or permissions before using AI-generated content commercially

We provide NO indemnification or legal protection for intellectual property claims arising from your use of AI-generated content.

Momental's AI Employees are designed to act autonomously and proactively using OODA (Observe-Orient-Decide-Act) loop architecture. This means:

• AI Employees will initiate conversations, ask questions, and make recommendations WITHOUT your explicit instruction for each action
• AI Employees continuously monitor your workspace and may engage at any time
• AI Employees may debate, discuss, and reach conclusions among themselves
• AI Employees may provide strategic advice, technical recommendations, or business decisions

HUMAN OVERSIGHT REQUIREMENT:

YOU MUST REVIEW AND VERIFY ALL AI RECOMMENDATIONS BEFORE IMPLEMENTATION.

• Do not automatically implement strategic decisions suggested by AI Employees
• Do not authorize AI Employees to make legally binding commitments on your behalf
• Do not allow AI Employees to communicate directly with customers, partners, or stakeholders without human review (unless you explicitly accept this risk)
• Do not rely on AI Employees as your sole source of information for important decisions

Limitation of Liability for AI Actions:

We are NOT LIABLE for any harm, loss, or damage arising from:

• Business decisions made based on AI Employee recommendations
• Contracts or commitments made following AI Employee advice
• Financial losses resulting from AI Employee strategic guidance
• Reputational harm from AI Employee communications
• Operational failures based on AI Employee technical recommendations

AI Employees are tools, not fiduciaries. They do not owe you any duty of care, loyalty, or good faith. They are not your agents, representatives, or trusted advisors in any legal sense.

The Service Does NOT Provide:

• Legal Advice: AI Employees are not attorneys. Do not rely on them for legal guidance, contract review, or compliance advice.
• Medical Advice: AI Employees are not physicians or healthcare providers. Do not use them for diagnosis, treatment, or medical decisions.
• Financial Advice: AI Employees are not financial advisors, CPAs, or investment professionals. Do not rely on them for investment, tax, or financial planning advice.
• Engineering Services: AI Employees do not provide licensed professional engineering services. Their technical advice is informational only.
• Accounting Services: AI Employees cannot provide certified accounting, audit, or tax preparation services.
• Mental Health Services: AI Employees are not therapists, counselors, or mental health professionals.

AI Employee outputs do NOT constitute professional opinions and should not be treated as such. For all professional matters, consult qualified, licensed professionals in the relevant field.

Professional Liability Disclaimer:

We disclaim all professional liability arising from your use of AI Employee outputs. We make no representations that AI Employees meet professional standards of care in any field. You use AI Employee advice at your own risk.

AI Employees May:

• Invent Facts: Generate statistics, quotes, research findings, or historical events that never occurred
• Fabricate Sources: Cite non-existent academic papers, websites, news articles, or authorities
• Misremember Context: Incorrectly recall previous conversations or misattribute information
• Confabulate Technical Details: Provide incorrect code, incorrect technical specifications, or impossible solutions
• Generate False Confidence: Present incorrect information with apparent certainty and authority

"Perfect Memory" Clarification:

Our marketing materials reference "perfect memory" or "perfect context recall." This refers to our storage capability (semantic memory system), NOT to accuracy of recall. AI Employees can:

• Store and retrieve large amounts of conversation history
• Access context from past interactions through vector search

However, they may still:

• Misinterpret stored context
• Retrieve incorrect or irrelevant information
• Hallucinate details not present in stored conversations

MANDATORY VERIFICATION REQUIREMENT:

YOU MUST independently verify all facts, data, statistics, and recommendations provided by AI Employees before relying on them.

• Do NOT use AI-generated facts in reports, presentations, or publications without verification
• Do NOT rely on AI-provided statistics for business decisions without confirming the source
• Do NOT trust AI-generated code without thorough testing and review
• Do NOT use AI Employees as your sole source of truth for any important information

Limitation of Liability for Inaccuracies:

We are NOT LIABLE for any harm arising from inaccurate, false, or hallucinated AI outputs, including but not limited to:

• Business decisions based on false data
• Financial losses from incorrect information
• Reputational harm from disseminating AI-generated misinformation
• Defamation claims based on false AI-generated statements
• Technical failures from incorrect AI-provided code or specifications

We use advanced AI models to power our Service. To provide and improve the Service:

• We may analyze usage patterns and interactions to improve Service performance
• Workspace conversations may be stored in our semantic memory system to provide context
• We implement strict multi-tenant data isolation to protect your privacy
• We do not use your proprietary data to train models that benefit other customers
• Knowledge Graph Creation: We create structured knowledge representations (atoms, bonds, derivation chains) from your workspace content to power the Knowledge Library and conflict detection features
• Cross-Team Analysis: For multi-team workspaces, we analyze information across teams to detect strategic misalignment, duplicate efforts, and conflicting initiatives
• Document Intelligence: We process uploaded documents to extract insights, detect alignment issues, and generate strategic alerts

For detailed information about data collection, usage, and protection, please review our Privacy Policy.

1. Healthcare & Medical Applications:

• Medical diagnosis or treatment recommendations
• Clinical decision support systems
• Patient triage or care coordination
• Prescription or medication advice
• Mental health counseling or therapy
• Any use involving Protected Health Information (PHI)

2. Financial Services Requiring Licenses:

• Investment advice or portfolio management
• Insurance underwriting or claims processing
• Credit decisioning or loan approvals
• Trading or investment recommendations
• Tax preparation or certified accounting services
• Any use requiring SEC, FINRA, or state insurance licenses

3. Legal Services:

• Legal representation or practice of law
• Contract drafting or legal document preparation (for third parties)
• Legal advice or attorney-client privileged communications
• Court filings or litigation support

4. Life-Safety Critical Systems:

• Aviation systems or air traffic control
• Medical devices or life support systems
• Autonomous vehicles or transportation safety systems
• Emergency response or 911 dispatch systems
• Nuclear facilities or hazardous material handling
• Any system where failure could result in death or serious injury

5. Government & Military Use Requiring Clearances:

• Classified information systems (Secret, Top Secret, etc.)
• Defense or intelligence applications requiring security clearances
• Critical infrastructure protection (CIKR sectors)
• Federal government use requiring FedRAMP or similar certifications

6. Geographic Restrictions - Prohibited Countries:

• Russia, Iran, North Korea, Syria, Cuba (OFAC sanctioned countries)
• Any country subject to comprehensive U.S. trade embargoes
• Use by individuals or entities on U.S. Denied Persons Lists

7. Other Prohibited Uses:

• Child safety applications (schools, daycare, etc.)
• Employment decisions (hiring, firing, promotions) without human review
• Law enforcement or criminal justice applications
• Weapons design or development
• Political campaigning or voter manipulation

Enforcement & Consequences:

If we determine you are using the Service for any prohibited purpose:

• Your account will be immediately terminated without refund
• You will be solely liable for any regulatory violations, fines, or penalties
• You agree to indemnify us for any claims arising from your prohibited use
• We may report violations to relevant regulatory authorities if required by law

The Service integrates with third-party collaboration platforms. Your use of these integrations is subject to the respective third parties' terms of service and privacy policies. We are not responsible for the practices or policies of third-party services.

You are responsible for ensuring you have the necessary permissions and authorizations to connect third-party platforms to our Service.

Reliance on Third-Party Models: The Service utilizes advanced large language models ("LLMs") and artificial intelligence technologies provided by third-party vendors (collectively, "AI Providers") to generate responses and process information.

Nature of Dependency:

By using the Service, you acknowledge that:

• Service Availability: If our AI Providers experience outages, latency, rate limits, or service degradation, the Momental Service may be similarly affected.
• Evolving Technology: AI Providers may modify their models, pricing, content policies, or terms of use at any time. We reserve the right to change AI Providers or model versions without prior notice to ensure Service quality, commercial viability, or compliance with applicable laws.
• Content Policy Compliance: Your use of the Service must comply with the Acceptable Use Policies of our underlying AI Providers. We may restrict usage that violates these upstream policies to protect our API access.

No Liability for Third-Party Actions:

We are NOT LIABLE for any service interruptions, errors, hallucinations, or policy changes originating from our AI Providers. We do not guarantee the continued availability of any specific AI model, provider, or version.

For customers subject to GDPR, CCPA, or similar data protection regulations, we offer a Data Processing Agreement (DPA) that governs our processing of personal data on your behalf.

Our DPA is available at: momentalos.com/legal/dpa

The DPA incorporates the EU Standard Contractual Clauses (SCCs) for international data transfers and is automatically incorporated by reference into these Terms for all customers processing personal data of EU/EEA residents.

We strive to provide reliable, continuous access to the Service, but we do not guarantee that the Service will be uninterrupted, error-free, or completely secure. We may:

• Modify, suspend, or discontinue any aspect of the Service at any time
• Perform scheduled or emergency maintenance
• Update features, pricing, or policies with reasonable notice

We will make reasonable efforts to notify you of significant changes that materially affect your use of the Service.

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

WE SPECIFICALLY DISCLAIM ANY WARRANTIES THAT:

• The Service will be uninterrupted, secure, or error-free
• AI-generated outputs will be accurate, reliable, or suitable for any purpose
• AI Employees will perform to professional standards
• The Service will meet your specific requirements or expectations
• Defects will be corrected in any particular timeframe
• The Service is production-ready or enterprise-grade

AI-GENERATED OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, HALLUCINATIONS, OR INAPPROPRIATE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ALL AI-GENERATED CONTENT BEFORE RELYING ON IT FOR ANY PURPOSE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVERY INTELLIGENCE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

THIS INCLUDES BUT IS NOT LIMITED TO LIABILITY FOR:

• AI decision-making errors or bad recommendations
• AI hallucinations or generation of false information
• Data breaches, security incidents, or privacy violations
• Third-party LLM provider failures (Anthropic, etc.)
• Regulatory violations or compliance failures
• Professional malpractice claims arising from AI Employee actions
• Intellectual property infringement by AI-generated content
• Business interruption or operational failures
• Reputational harm from AI Employee behavior
• Financial losses from following AI advice

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Your Indemnification of Us:

You agree to indemnify, defend, and hold harmless Avery Intelligence Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your use of the Service for prohibited purposes (healthcare, financial services, legal services, etc.)
• Your input of prohibited data types (PHI, PCI data, etc.)
• Regulatory violations resulting from your use of the Service
• Professional malpractice claims arising from reliance on AI Employee advice

Our Indemnification of You:

Subject to the limitations in Section 10, we will indemnify, defend, and hold harmless you from third-party claims that the Service (excluding Customer Content and AI-generated outputs) infringes a valid patent, copyright, or trademark of a third party, provided that:

• You promptly notify us of the claim in writing
• You give us sole control of the defense and settlement
• You provide reasonable cooperation at our expense

If we believe the Service may infringe, we may at our option: (a) obtain a license for continued use, (b) modify the Service to be non-infringing, or (c) terminate your subscription with a pro-rata refund for prepaid fees.

AI-Generated Output Limitation:

AI-generated outputs are created using third-party AI models (Anthropic Claude). Neither party indemnifies the other for intellectual property claims arising from AI-generated outputs. You assume risk of using AI outputs in contexts where IP infringement could create liability. We recommend human review of AI outputs before external publication or distribution.

This indemnification obligation survives termination of these Terms and your use of the Service.

Your Rights: You may terminate your account at any time by contacting our support team or through your account settings. Termination does not relieve you of any obligations to pay outstanding fees.

Termination for Cause with Cure Period:

For the following breaches, we will provide written notice and a 30-day cure period before termination:

• Non-payment of fees (cure: payment within 30 days)
• Exceeding fair use limits (cure: reduce usage or upgrade plan)
• Minor violations of Acceptable Use Policy (cure: cease violating conduct)
• Account inactivity (cure: login within 30 days)

Immediate Termination (No Cure Period):

We may terminate immediately without notice only for egregious conduct:

• Input of prohibited data types (PHI, payment cards, credentials) - Section 5.1
• Use for illegal purposes or to harm third parties
• Deliberate circumvention of security controls
• Violation of export control laws or use in sanctioned countries
• Activity that creates imminent legal liability or security risk
• Court order or legal requirement to terminate
• You cause us to violate Anthropic's Terms of Service or Content Policy

Refunds on Termination:

• Termination by you (without cause): No refund for prepaid fees
• Termination by us (for curable breach after cure period): No refund
• Termination by us (for egregious conduct): No refund
• Termination by us (without cause): Pro-rata refund of prepaid fees

Upon termination, your right to use the Service immediately ceases. We may delete your data in accordance with our data retention policies, though we may retain certain information as required by law or for legitimate business purposes.

Data Export Window:

Upon termination or expiration of your subscription, you have 30 days to export your data using our export functionality or by contacting support. After this period, we will delete your data in accordance with our Privacy Policy.

Survival:

The following provisions survive termination: Sections 5 (Acceptable Use), 5.1 (Prohibited Data), 6 (Intellectual Property), 6.1-6.3 (AI Disclaimers), 10 (Disclaimers and Limitation of Liability), 11 (Indemnification), 13 (Governing Law and Dispute Resolution), and this Section 12.1.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Venue: You agree that any legal action or proceeding must be brought exclusively in the state or federal courts located in San Francisco County, California. You consent to personal jurisdiction in these courts and waive any objection to venue.

Arbitration: Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

Class Action Waiver: You agree to waive any right to participate in class actions or class arbitrations. All disputes must be brought on an individual basis only.

Attorney's Fees: In any dispute arising from these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

Jury Trial Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AND AVERY INTELLIGENCE INC. WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF THESE TERMS.

Informal Resolution: Before initiating formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting legal@momentalos.com. We will attempt to resolve the dispute within 30 days.

EU Customers: If you are a consumer in the European Union, nothing in this section shall deprive you of mandatory consumer protections under the laws of your country of residence. You may bring claims in the courts of your country of residence, and EU mandatory consumer protection laws shall apply to the extent required.

Entire Agreement: These Terms, together with the Privacy Policy and any applicable Data Processing Agreement (DPA), constitute the entire agreement between you and Avery Intelligence Inc. regarding the Service and supersede all prior agreements and understandings.

Amendments: We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be communicated via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the modified Terms.

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

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.

No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Avery Intelligence Inc.

Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, pandemics, or epidemics; war, terrorism, civil unrest, or government actions; failure of third-party telecommunications or internet providers; cyberattacks (including DDoS attacks) not caused by the affected party; and failures or disruptions at our AI provider (Anthropic) or cloud infrastructure provider (Google Cloud). The affected party shall promptly notify the other party and use reasonable efforts to mitigate the effects of such event.

Notices: Legal notices to Momental should be sent to legal@momentalos.com or:

Avery Intelligence, Inc.
Attn: Legal Department

Notices to you will be sent to the email address associated with your account.

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