Momentum FSM Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding agreement between the user and Shiver Software LLC. By accessing or using Momentum FSM, including the website, web applications, customer portals, APIs, iOS applications, Android applications, and related services, you agree to be bound by these Terms.

2. Definitions

'Momentum FSM' means the software platform operated by Shiver Software LLC. 'Provider' means a business using Momentum FSM to manage customers and operations. 'Customer' means a client of a Provider. 'Content' means all data, files, images, documents, communications, and information uploaded or generated through the Platform.

3. Description of Services

Momentum FSM provides CRM, scheduling, estimating, invoicing, communications, customer portal, file management, payment facilitation integrations, workflow automation, and AI-assisted business tools.

4. No Marketplace Relationship

Momentum FSM is not a marketplace, directory, referral network, staffing company, lead generation service, broker, contractor, or service provider. Shiver Software LLC does not match customers with providers. End customers generally access the platform through invitations initiated by providers.

5. Independent Providers

Providers are independent businesses and are solely responsible for services performed, estimates, communications, employees, subcontractors, licenses, permits, taxes, insurance, and customer relationships.

6. Account Registration

Users must provide accurate information, maintain account security, and promptly update account information. Accounts may not be shared except as expressly permitted by subscription terms.

7. Eligibility

Users must be at least 18 years old and legally capable of entering binding agreements.

8. Subscription Plans and Billing

Momentum FSM may offer subscription plans, seat-based pricing, optional add-ons, and future usage-based services. Fees are billed in advance and are non-refundable except where required by law.

9. Failed Payments

Accounts may enter a seven-day grace period following a failed payment. After the grace period, access may be suspended or terminated until payment is successfully collected.

10. Stripe Connect

Providers may connect Stripe accounts. Providers remain the merchant of record and retain full responsibility for taxes, chargebacks, refunds, payment disputes, and compliance obligations.

11. Communications

Users are solely responsible for obtaining all required permissions and consents before sending emails, notifications, SMS messages, marketing communications, or other messages through the platform.

12. User Content

Users retain ownership of uploaded content. Users grant Shiver Software LLC a limited license to host, process, display, store, transmit, and use content solely for providing and improving the services.

13. AI Features

AI-assisted features are intended to improve productivity. AI-generated content may be inaccurate, incomplete, misleading, or inappropriate. Users must independently review and approve all AI-generated content.

14. No Professional Advice

Momentum FSM and any AI-generated output do not constitute legal, tax, accounting, engineering, insurance, financial, compliance, medical, or professional advice.

15. Intellectual Property

All software, source code, interfaces, trademarks, branding, workflows, designs, and proprietary content remain the exclusive property of Shiver Software LLC and its licensors.

16. Acceptable Use

Users may not engage in fraud, spam, unlawful conduct, intellectual property infringement, malware distribution, unauthorized access, reverse engineering, scraping, or interference with the platform.

17. Data Retention

Following account termination, data may be retained for up to ninety (90) days before deletion, subject to legal obligations and legitimate business needs.

18. Privacy

Collection and processing of personal information are governed by the Momentum FSM Privacy Policy.

19. Beta Features

Experimental, preview, alpha, beta, or early-access features are provided as-is and may be modified, suspended, or discontinued at any time without liability.

20. Availability

Momentum FSM does not guarantee uninterrupted availability, uptime, or error-free operation. Maintenance, outages, and third-party service interruptions may occur.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIVER SOFTWARE LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

23. Indemnification

Users agree to defend, indemnify, and hold harmless Shiver Software LLC from claims arising from their business operations, communications, customer disputes, taxes, payment disputes, uploaded content, AI usage, services provided, or violations of law.

24. No Verification of Providers

Shiver Software LLC does not verify licenses, certifications, insurance coverage, qualifications, background checks, references, or legal authority of providers using the platform.

25. Mobile Applications

These Terms apply to Momentum FSM mobile applications and customer-facing applications. Additional app store terms may apply.

26. Electronic Signatures

Electronic acceptance of these Terms constitutes a legally binding agreement.

27. Arbitration

Any dispute shall be resolved exclusively through binding arbitration in Lee County, Florida. The parties waive any right to trial by jury.

28. Class Action Waiver

Claims may only be brought in an individual capacity and not as part of any class, collective, representative, or consolidated action.

29. Governing Law

These Terms are governed by the laws of the State of Florida.

30. Miscellaneous

If any provision is found unenforceable, the remaining provisions remain in effect. These Terms constitute the entire agreement regarding use of the Platform.