Terms of Use
These Terms of Use (Terms) are an agreement between you and Ethan Ladouceur, trading as Momentum Football, an individual carrying on business in Victoria, Australia (we, us) about your use of the Momentum Football app and website (the Service). Please read them with our Privacy Policy. By creating an account or using the Service you agree to these Terms.
- Who can use the Service
- Your account
- Licence to use the app
- Community standards and acceptable use
- Your content
- Reports, moderation and enforcement
- Health and fitness warning
- Coaches and plans
- Subscriptions and purchases
- Intellectual property
- Changes to the Service and these Terms
- Suspension and termination
- Australian Consumer Law
- Limits on our liability
- Disputes and governing law
- General
- Contact
1. Who can use the Service
You must be at least 16 years old to create an account or use the app. By signing up you confirm that you are 16 or older and that the information you give us is accurate. If we have reason to believe you are under 16, we may ask you to verify your age, and we will close your account if you are under 16 or do not verify. If you are a parent or guardian who believes a child under 16 is using the app, email support@momentumfootball.app and we will act promptly. The minimum age is set by us and reflects Australian social media minimum age laws.
The app is not available to anyone who is prohibited by law from receiving it. You are responsible for complying with the laws that apply to you.
2. Your account
Keep your password secure and do not share your account. You are responsible for activity on your account unless it results from our failure to provide reasonable security. Tell us promptly at support@momentumfootball.app if you think your account has been accessed without permission. You may have only one account unless we agree otherwise, and you must not use another person's account or impersonate anyone. You can delete your account at any time in Settings → Delete account.
3. Licence to use the app
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on Apple devices that you own or control, for your own non-commercial use (or, if you are a coach, to operate your coach page), subject to these Terms and Apple's Licensed Application End User Licence Agreement (the Apple EULA). If these Terms and the Apple EULA conflict, the Apple EULA prevails on matters it covers. Apple is not a party to these Terms and has no obligation to provide maintenance or support for the app, but Apple and its subsidiaries are third-party beneficiaries of the Apple EULA. Any claim about the app is ours to deal with, not Apple's, except as the Apple EULA provides.
You must not copy, modify, reverse engineer, scrape or interfere with the Service, use it to build a competing product, or circumvent its security or access controls, except where the law gives you that right.
4. Community standards and acceptable use
Momentum Football is a social service, and we have zero tolerance for abuse. You must not post, share or send anything (including photos, captions, stories, names, usernames and coach content) that:
- is unlawful, or promotes or facilitates unlawful activity;
- is sexually explicit, or sexualises anyone, and in particular you must never share any sexual or exploitative material involving a minor (we report this to the authorities);
- harasses, bullies, threatens, intimidates, stalks or demeans a person, or incites hatred or violence against a person or group because of race, religion, sex, gender identity, sexual orientation, disability, age or another protected attribute;
- shares another person's private information, intimate images or location without their consent;
- depicts, encourages or promotes self-harm, suicide, eating disorders, dangerous challenges, or the use of illegal drugs or performance-enhancing substances;
- is false, misleading, spam, a scam, or promotes a pyramid or similar scheme; or
- infringes anyone's intellectual property, privacy or other rights.
You must not use the Service to contact or arrange to meet people you do not know in order to cause them harm, to harvest personal information, or to bypass a block. A language filter operates in the app to stop obvious slurs and threats, but you remain responsible for what you post.
5. Your content
You own the content you post (your content). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and display your content, and to adapt it as necessary (for example, resizing a photo), solely to operate, secure and provide the Service in the way you choose when you post, such as showing it to your friends or on your public coach page. The licence ends when you delete the content or your account, except for backup copies that are overwritten within 30 days and content others have lawfully shared or saved from the Service.
You promise that you own or have the right to post your content, that it does not breach these Terms, and that anyone who appears in it has agreed to it being posted. If you believe content on the Service infringes your rights, email support@momentumfootball.app with enough detail for us to identify it and we will review it promptly.
6. Reports, moderation and enforcement
You can Report or Block any post, story, coach page or person using the ••• button. Reports are confidential. We aim to review every report within 24 hours, and we may remove content, restrict features, suspend or permanently close accounts that breach these Terms, with or without notice where the breach is serious or repeated. We may preserve and disclose information to the authorities where we are required to, or where we believe it is necessary to protect a person from serious harm. We cooperate with the eSafety Commissioner and comply with removal notices and other lawful requests. If you think we made a mistake, email support@momentumfootball.app and we will review our decision.
7. Health and fitness warning
The Service, including training plans, tips, goals and run statistics, provides general fitness information only. It is not medical advice and is not tailored to your health. Consult a doctor before starting or changing any exercise program, particularly if you have a medical condition, an injury, are pregnant or are returning to exercise after a break. Stop exercising and seek help if you feel pain, dizziness or unwell. Exercise has inherent risks. Run in safe places, be aware of traffic and conditions, and do not use the app in a way that distracts you from your surroundings. GPS and other measurements are estimates and may be inaccurate. Nothing in this section limits your rights under the Australian Consumer Law.
8. Coaches and plans
Coaches on the Service are independent users, not our employees or agents. A coach is solely responsible for their plans, advice, qualifications, claims and conduct, and for complying with the laws that apply to them (including consumer, tax and, where relevant, working with children laws). We do not endorse any coach or guarantee any result. If you are a coach, you must provide plans with due care and skill, must not make misleading claims (including health or results claims), must not contact users outside the app for improper purposes, and must report your income and pay any tax (including GST where applicable) that you owe. Coach plans are digital content sold through the App Store.
Coaches earn a share of plan sales after Apple's commission and our platform fee, as shown in the app before you publish. Payouts follow the schedule, hold period and minimum amount shown in the app, and may be delayed or withheld while we investigate fraud, refunds, chargebacks or a breach of these Terms.
9. Subscriptions and purchases
Momentum Pro, Coach Pro and coach plans are sold through the Apple App Store, and payment is charged to your Apple ID account. Prices are shown in the App Store in your local currency and include GST where applicable. Subscriptions renew automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage or cancel a subscription at any time in iPhone Settings → [your name] → Subscriptions. If a free trial is offered, it converts to a paid subscription at the end of the trial unless you cancel before it ends; any unused part of a trial is forfeited when you buy a subscription. Deleting your account or the app does not cancel a subscription.
Apple processes payments and refunds. To request a refund, go to reportaproblem.apple.com. This does not affect your rights under the Australian Consumer Law (see section 13). We will notify you in advance of any price change as required by Apple and the law.
10. Intellectual property
We and our licensors own the app, website, software, designs, logos, text, graphics and plans we create (other than your content and coaches' content). Except for the licence in section 3, nothing in these Terms transfers any rights to you. “Momentum Football” and our logos are our marks. Momentum Football is not affiliated with or endorsed by any football league or club, or by Apple Inc.
11. Changes to the Service and these Terms
We may change, add or remove features, and we may update these Terms, for reasons such as changes to the law, security, new features or how the Service operates. If a change to these Terms is material or is adverse to you, we will give you at least 14 days' notice by email or in the app before it takes effect (unless the change is required sooner by law or to deal with a security or safety risk). If you do not agree, you can stop using the Service and delete your account before the change takes effect; continued use after that date means you accept the updated Terms. If we remove a paid feature you have already paid for, we will refund the unused part of your payment where we are able to, or otherwise as required by law.
12. Suspension and termination
You may stop using the Service at any time. We may suspend or end your access if you breach these Terms or the law, if you are under the minimum age, if you put others at risk, or if we are required to by law. Where reasonable we will tell you why. On termination your licence ends, sections that by their nature should continue (including 5, 13 to 16) will continue, and we will delete your data as described in the Privacy Policy.
13. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). 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 these Terms excludes, restricts or modifies any right or remedy you have under a law that cannot lawfully be excluded, restricted or modified.
14. Limits on our liability
To the maximum extent permitted by law, and subject to section 13: (a) we provide the Service “as is” and do not promise it will always be uninterrupted, secure or error free, or that any plan will produce a particular result; (b) we are not liable for loss or damage that was not reasonably foreseeable, for loss of profit, data or opportunity, or for the acts and omissions of other users, coaches or third parties; and (c) where we are liable for a breach of a consumer guarantee that the law allows us to limit, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.
15. Disputes and governing law
If you have a problem, please contact us first at support@momentumfootball.app; we will try to resolve it within 30 days. These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. If you are a consumer, this does not affect any mandatory rights you have under the law of the place where you live, or your right to make a complaint to a regulator such as the Australian Competition and Consumer Commission or a state or territory consumer affairs body.
16. General
These Terms (with the Privacy Policy and, where it applies, the Apple EULA) are the entire agreement between you and us about the Service. If a part is found invalid or unenforceable, the rest continues. A delay in enforcing a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor of our business. We may give you notices by email or in the app. In these Terms, “including” is not a word of limitation.
17. Contact
Ethan Ladouceur, trading as Momentum Football, an individual carrying on business in Victoria, Australia
Email: support@momentumfootball.app