Momentum legal
Terms of Service
Effective date: September 6, 2026
These Terms of Service (the “Terms”) are a binding agreement between the person or organization that creates or uses a Momentum workspace (“Customer”, “you”, or “your”) and the operator of the Momentum service (“Momentum”, “we”, “us”, or “our”). They govern Customer’s access to Momentum’s websites, guest-request tools, staff workspace, notifications, and related services (collectively, the “Service”).
1. Agreement and authority
By checking the acceptance box, creating an account, accepting a team invitation, or using the Service, you agree to these Terms. If you act for a hotel, management company, ownership group, chain, or another organization, you represent that you have authority to bind that organization. In that case, “Customer” means the organization. You must be at least 18 years old and legally able to enter a contract.
2. Pilot service
Momentum is currently offered as a pilot. Pilot features may be incomplete, change during testing, or occasionally be unavailable. Unless a separate written order says otherwise, the pilot is provided without charge, without a service-level commitment, and will not automatically convert to a paid subscription. We will disclose and obtain agreement to any price before charging Customer.
3. Accounts and authorized users
Customer is responsible for information submitted through its workspace and for activity by its managers, staff, contractors, and other authorized users. Customer must provide accurate account information, keep credentials confidential, assign only the access each person needs, promptly remove access that is no longer appropriate, and notify Momentum of suspected unauthorized access. Accounts may not be shared between individuals.
4. License and permitted use
During the term, Momentum grants Customer a limited, non-exclusive, non-transferable, revocable right to use the Service for Customer’s internal hotel operations. Customer may allow its guests to use the guest-facing portions of the Service solely to communicate with the property. No other rights are granted.
5. Customer responsibilities
Customer controls the services it offers guests and remains responsible for staffing, responding to requests, setting accurate expectations, and complying with laws applicable to its properties. Momentum does not provide hotel, emergency, medical, security, or life-safety services. Customer must maintain an appropriate emergency channel and must not direct guests to rely on Momentum for emergencies.
Customer must give guests and staff all notices and obtain all permissions required for the information Customer asks Momentum to process. Customer must not submit payment-card data, government identification numbers, account passwords, medical records, or other sensitive information that is unnecessary for fulfilling a guest request.
6. Acceptable use
Customer and its users must not:
- use the Service unlawfully, deceptively, or to infringe another person’s rights;
- access another property’s workspace or attempt to bypass security controls;
- upload malicious code or interfere with the Service or its infrastructure;
- reverse engineer, resell, sublicense, scrape, or build a competing dataset from the Service, except where a restriction is prohibited by law;
- send spam or unlawful communications; or
- use the Service to discriminate unlawfully or make solely automated decisions that produce legal or similarly significant effects.
7. Customer Data
“Customer Data” means information submitted to the Service by or for Customer, including property and staff details, room identifiers, guest requests, messages, optional contact information, optional photographs, room-entry preferences, and operational records. Customer retains its rights in Customer Data and authorizes Momentum to host, copy, transmit, display, modify, and otherwise process it only as needed to provide, secure, support, and improve the reliability of the Service; follow Customer’s documented instructions; prevent fraud or misuse; and comply with law.
Customer represents that it has the rights and lawful basis needed for Momentum to process Customer Data as described in these Terms. Momentum does not sell Customer Data, share it for cross-context behavioral advertising, or use it for targeted advertising.
8. U.S. Data Processing Terms
This section is part of the agreement and applies when Momentum processes personal data for Customer under a U.S. state privacy law. Customer is the business or controller and Momentum is the service provider, contractor, or processor, as those terms are defined by applicable law.
- Instructions and purpose. Momentum will process personal data only on Customer’s documented instructions, including these Terms and use of configured Service features, to operate and secure the guest-request and hotel-operations Service.
- Scope and duration. Processing covers the categories of Customer Data and people described in Section 7 for the period Customer uses the Service and any limited period needed for export, deletion, backup rotation, security, fraud prevention, or legal compliance.
- Use restrictions. Momentum will not sell or share personal data, retain, use, or disclose it outside the parties’ direct business relationship, or combine it with data received from another customer except as permitted by applicable law and necessary to provide or secure the Service.
- Confidentiality and security. Momentum will require personnel with access to personal data to protect its confidentiality and will maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the data and risk.
- Subprocessors. Momentum may use hosting, communications, storage, monitoring, and support providers to process personal data. Momentum will contractually require them to protect the data consistently with this section and remains responsible for their processing to the extent required by law.
- Consumer requests and assessments. Taking into account the nature of processing, Momentum will reasonably assist Customer with verified requests to access, correct, delete, or obtain personal data, and with legally required privacy assessments or regulator inquiries.
- Security incidents. Momentum will notify Customer without unreasonable delay after confirming unauthorized access to Customer Data and will provide information reasonably available to help Customer meet applicable notification duties. Customer is responsible for notices it is legally required to provide.
- Deletion or return. On Customer’s request or termination, Momentum will delete or return Customer Data within a commercially reasonable period unless law requires retention. Data may remain temporarily in protected backups until overwritten under normal retention procedures.
- Review. On reasonable written request, Momentum will provide information needed to demonstrate compliance with this section. If that information is insufficient, Customer may request a reasonable assessment by an independent auditor, subject to confidentiality, security, scope, and frequency protections.
- Conflicting instructions. Momentum will tell Customer if it reasonably believes an instruction violates applicable privacy law and may pause the affected processing while the parties address it.
These commitments are intended to satisfy applicable contractual requirements for processors, service providers, and contractors under U.S. state privacy laws. They do not limit any right or obligation that cannot legally be waived.
9. Privacy and security
Our Privacy Notice describes how Momentum handles information. Customer chooses its workspace retention settings and is responsible for configuring them appropriately. No internet service is completely secure, and Customer is responsible for maintaining reasonable security for its own networks, devices, accounts, and exported data.
10. Ownership and feedback
Momentum and its licensors own the Service, software, design, documentation, and related intellectual property. Customer may provide suggestions or feedback. Customer grants Momentum a perpetual, worldwide, royalty-free right to use that feedback without identifying Customer or disclosing Customer’s confidential information.
11. Confidentiality
Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only for this agreement and protect it with reasonable care. This obligation does not apply to information lawfully known without a duty of confidentiality, independently developed, rightfully received from another source, or made public without breach. A party may disclose information when legally required after giving notice when permitted.
12. Third-party services
The Service may rely on or connect to third-party hosting, authentication, email, messaging, storage, or other services. Their own terms may apply to Customer’s direct use of them. Momentum is not responsible for third-party services outside its control, but this does not reduce Momentum’s obligations for subprocessors under Section 8.
13. Suspension and termination
Either party may end a free pilot at any time. Momentum may suspend access immediately when reasonably necessary to address a security risk, unlawful activity, material breach, or harm to the Service or others. When practical, Momentum will give notice and an opportunity to fix the issue. Sections that by their nature should survive will survive termination, including ownership, confidentiality, disclaimers, liability limits, indemnity, and general terms.
14. Disclaimers
To the maximum extent permitted by law, the pilot Service is provided “as is” and “as available.” Momentum disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Momentum does not warrant uninterrupted or error-free operation, that every request or notification will be received, or that the Service will meet every property’s requirements. These disclaimers do not limit warranties or rights that cannot be excluded under applicable law.
15. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, goodwill, or data, arising from these Terms or the Service, even if advised of their possibility. Momentum’s total liability arising from these Terms or the Service will not exceed the greater of amounts Customer paid Momentum during the 12 months before the event giving rise to liability or $100. These limits do not apply where prohibited by law or to liability that cannot lawfully be limited.
16. Indemnification
Customer will defend and indemnify Momentum and its personnel from third-party claims, damages, and reasonable costs arising from Customer Data, Customer’s hotel services or guest interactions, Customer’s violation of law, or Customer’s material breach of these Terms. This obligation does not apply to the extent a claim was caused by Momentum’s breach, gross negligence, or willful misconduct. Momentum will promptly notify Customer of a claim and reasonably cooperate, and Customer may not settle a claim in a way that admits fault by or imposes non-monetary obligations on Momentum without written consent.
17. Changes to these Terms
Momentum may update these Terms as the Service or law changes. For a material change, Momentum will provide reasonable advance notice through the Service or Customer’s account email. Changes will apply prospectively on the stated effective date. If Customer does not agree, its remedy is to stop using the Service before that date. Changes requiring new consent under applicable law will not take effect until that consent is obtained.
18. Governing law and disputes
These Terms are governed by the laws of Colorado, without regard to conflict-of-law rules. The state and federal courts located in Denver County, Colorado will have exclusive jurisdiction, and each party consents to venue there. Before filing a claim, the parties will make a good-faith effort for at least 30 days to resolve it informally. This section does not prevent either party from seeking urgent injunctive relief, and it does not override mandatory rights or protections under another jurisdiction’s law.
19. General terms
Neither party may assign these Terms without the other’s consent, except in connection with a merger, reorganization, sale of substantially all assets, or to an affiliate, provided the assignee accepts these Terms. The parties are independent contractors. These Terms, the Privacy Notice, and any signed order are the entire agreement about the Service and replace earlier discussions on that subject. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. Neither party is liable for delay caused by events beyond its reasonable control.
20. Notices and contact
Momentum may send operational or legal notices to the account email, through the Service, or through the contact channel used for pilot onboarding. Customer may send legal notices by replying to the Momentum onboarding communication or through the support contact provided in its workspace. Email notice is effective when sent unless the sender receives a delivery failure.