Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Momentum platform (the “Service”), a marketing analytics application operated by Mostly Human, LLC (“Mostly Human,” “we,” “us”). The Service is provided to business customers (“Customer”) and their authorized users (“you”) under a license or services agreement between Mostly Human and the Customer (the “Agreement”). If these Terms conflict with a signed Agreement, the Agreement controls. By accessing the Service, you agree to these Terms.

1. Access and accounts

• Access is provisioned by Mostly Human for users authorized by the Customer. You must sign in with your organization’s credentials and may not share access or use another person’s account.
• You are responsible for activity that occurs under your account. Notify us promptly at vince.ledney@mostly-human.com if you suspect unauthorized use.
• We may suspend access for security reasons, suspected violation of these Terms, or non-payment under the Agreement.

2. License to use the Service

Subject to these Terms and the Agreement, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for the Customer’s internal business purposes during the license term. We reserve all rights not expressly granted.

3. Customer data

• Your data stays yours. The Customer retains all rights in data uploaded to the Service, in data retrieved from platforms the Customer connects (such as Meta Ads, Google Ads, Google Analytics, Google BigQuery, TikTok Ads, Snapchat Ads, Viant, or Zoho Analytics), in documents the Customer adds to Prior Learning, and in data returned by the Customer’s own connected database (“Customer Data”).
• You grant us a limited license to host, process, and display Customer Data solely to provide and support the Service.
• You are responsible for having the rights and permissions necessary to upload Customer Data and to authorize platform connections on behalf of the accounts you connect.
• If you connect your own SQL database or Google BigQuery data, you are responsible for ensuring you have the right to access and query it. We recommend a read-only SQL login, and the Service issues only read-only queries against connected SQL databases and BigQuery. Direct BigQuery references are limited to the datasets you configure and the permissions granted by Google IAM; a selected Google-authorized view can expose underlying data according to its definition and Google IAM. If you add documents from cloud storage, you are responsible for your right to use those documents; they are read and indexed only for your workspace and removed from the index when you delete them from your Prior Learning library (disconnecting a cloud account stops further indexing but does not remove documents you have already added).
• Our collection and handling of personal information is described in our Privacy Policy.

4. Third-party platform connections

The Service can connect to third-party platforms (including Meta, Google, Microsoft, Viant, Zoho, TikTok, and Snapchat) and to a SQL database you control, using credentials and permissions you authorize. Your use of those platforms remains subject to their own terms and policies, and we are not responsible for their availability, accuracy, or changes to their APIs. BigQuery query jobs run in the billing project you select and may incur Google Cloud charges; the Customer is responsible for those charges and for configuring appropriate Google Cloud IAM, quotas, budgets, and alerts. Selected BigQuery results are processed by the AI provider configured for your workspace to create requested reports. You may revoke or disconnect a connection at any time within the Service or from the platform’s own settings where supported. Disconnecting BigQuery removes its stored delegated grant and project/dataset configuration and stops future queries, but does not delete reports already created.

5. Acceptable use

You agree not to:

• use the Service in violation of law or third-party rights, or upload data you lack the right to use;
• attempt to access another customer’s workspace or data, or probe, scan, or test the vulnerability of the Service without written authorization;
• reverse engineer, copy, resell, or sublicense the Service, or use it to build a competing product;
• interfere with the integrity or performance of the Service, or introduce malicious code;
• use automated means to extract data from the Service except through features we provide.

6. Analytics outputs and AI features

• The Service produces statistical models, attributions, forecasts, optimizations, and AI-assisted analyses. These outputs are estimates produced from the data provided and are furnished for informational purposes only — they are not financial, legal, or investment advice, and we do not guarantee any business outcome from acting on them.
• Some features use third-party AI models to generate content. AI-generated output may contain errors; you are responsible for reviewing outputs before relying on them or distributing them.
• You are responsible for decisions made based on the Service’s outputs.

7. Intellectual property

The Service — including its software, models, interfaces, and documentation — is owned by Mostly Human and its licensors and is protected by intellectual-property laws. Feedback you provide about the Service may be used by us without restriction or obligation. Reports and deliverables generated from Customer Data belong to the Customer; the underlying software and methodology remain ours.

8. Confidentiality

Each party will protect the other’s confidential information with at least reasonable care and use it only as needed to perform under these Terms and the Agreement. This obligation does not apply to information that is public, independently developed, or rightfully received from a third party.

9. Availability and changes

We work to keep the Service available and performant, but it is provided without a guarantee of uninterrupted operation unless a service level is set out in the Agreement. We may improve, modify, or discontinue features with reasonable notice for material changes.

10. Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN THE AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUTS OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATED TO THE SERVICE. EXCEPT FOR BREACH OF CONFIDENTIALITY, INFRINGEMENT, OR AMOUNTS OWED UNDER THE AGREEMENT, EACH PARTY’S TOTAL LIABILITY IS LIMITED TO THE FEES PAID OR PAYABLE BY THE CUSTOMER FOR THE SERVICE IN THE [12] MONTHS BEFORE THE CLAIM AROSE.

12. Term and termination

These Terms apply for as long as you have access to the Service. The Customer’s subscription term and termination rights are set out in the Agreement. Upon termination, your access ends; the Customer may request export or deletion of Customer Data as described in the Agreement and the Privacy Policy. Sections that by their nature should survive (including 7, 8, 10, 11, and 13) survive termination.

13. Governing law

These Terms are governed by the laws of the State of [Ohio], without regard to conflict-of-law rules. The exclusive venue for disputes is the state or federal courts located in [Hamilton County, Ohio], and each party consents to their jurisdiction.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms at this URL and revise the “Last updated” date above. Material changes will be communicated to customer administrators. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Mostly Human, LLC
1117 Mclaughlin Place
Cincinnati, OH 45226
vince.ledney@mostly-human.com