Daily Momentum - Terms of Service

Last Updated: September 23, 2025

Please read these Terms of Service ("Terms") carefully before using the Daily Momentum coaching service (the "Service") operated by Daily Momentum LLC ("us," "we," or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users (employees receiving the benefit), and Companies (employers contracting for the benefit) who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. Description of Service

Daily Momentum provides an SMS-based behavioral coaching service designed to help individual employees ("Users") achieve personal and professional goals through daily reflections and guidance. The Service is offered as an employee benefit by companies ("Companies") to their eligible employees. The Service aims to provide a private and supportive environment for personal development, with a strict commitment to individual user privacy.

2. Privacy Policy

Your privacy is paramount to Daily Momentum. Our Privacy Policy, available on our website at [Link to Privacy Policy Page], explains how we collect, use, and disclose information about you. By using the Service, you consent to our collection and use of information as described in our Privacy Policy. Our Privacy Policy expressly states that your individual coaching data is never shared with your employer.

3. User Accounts (for Employees)

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and PIN, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

The Service is provided to you as an employee benefit. Daily Momentum reserves the right to verify your employment status and eligibility for the Service through your employer.

4. Terms for Companies

For Companies contracting the Daily Momentum Service as an employee benefit:

No Performance Guarantees: Daily Momentum does not guarantee specific performance benefits, benchmarks, or ROI from the use of the Service by your employees. While our Service is designed to foster personal development that can positively impact professional performance, individual outcomes vary.

Partnership for Metrics Tracking: As part of the Founding Partner Program or other agreements, Daily Momentum will work collaboratively with Companies to define and track mutually agreed-upon aggregated, anonymized metrics or participate in feedback loops, strictly adhering to the privacy commitments outlined in our Privacy Policy. No individual employee data will ever be shared.

Service Termination: Companies may terminate their contract for the Daily Momentum Service in accordance with their separate service agreement. Upon termination, access to the Service for your employees will cease. Daily Momentum intends to offer a direct-to-consumer product in the future, which may allow employees whose company coverage has ended to continue using the Service at their own expense. Details regarding such a direct-to-consumer offering will be communicated separately.

5. Coaching Limitations and Disclaimers

Daily Momentum provides coaching for personal development and behavioral change. Our Service is not a substitute for professional medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment. If you have any health concerns, including mental health, or require medical advice, you should consult with a qualified healthcare professional. Do not disregard professional medical advice or delay in seeking it because of something you have read or received through the Service.

While our AI is designed to detect certain crisis indicators and provide anonymized referrals to professional resources, Daily Momentum is not a crisis intervention service. If you are experiencing a mental health crisis or believe you are in danger, please contact emergency services or a crisis hotline immediately.

6. Safety Exception for Crisis Detection [PENDING LEGAL REVIEW]

[LEGAL REVIEW REQUIRED: The following section describes our crisis detection system and safety exception to our privacy commitment. This language should be reviewed by legal counsel familiar with mental health service obligations, duty to warn standards, and applicable state/federal privacy laws.]

While Daily Momentum maintains strict privacy protections for all user communications, we recognize a paramount duty to protect user safety when there is evidence of imminent danger. Our Service includes automated detection systems designed to identify messages that may indicate:

• Suicidal ideation with active plan or intent to harm oneself
• Self-harm with immediate risk
• Threats or plans to harm another person
• Severe medical emergencies requiring immediate intervention

Safety Protocol: When our system detects potential crisis indicators in your messages, the following actions will be taken automatically:

a) You will receive an immediate automated message with professional crisis resources including:
   - National Suicide Prevention Lifeline: 988 (24/7)
   - Crisis Text Line: Text HOME to 741741
   - Emergency Services: 911

b) Daily Momentum staff will be notified to provide follow-up support within a reasonable timeframe.

c) Your employer will NOT be notified and will NOT have access to your message content. We maintain our zero-surveillance privacy commitment even during safety interventions.

Important Limitations:
- Our crisis detection system is automated and may not identify all crisis situations
- This is not a substitute for professional crisis intervention services
- Response times may vary and should not be relied upon for immediate emergencies
- If you are in immediate danger, always contact 911 or local emergency services directly

Privacy During Crisis: Even when crisis protocols are activated, your message content remains private from your employer. Only trained Daily Momentum staff will have access to review flagged messages for the purpose of providing appropriate safety resources and follow-up support.

By using the Service, you acknowledge and agree to this safety exception to our general privacy protections, understanding that it is implemented solely to protect user wellbeing in emergency situations.

[END LEGAL REVIEW SECTION]

7. Prohibited Conduct and Content

Users agree that their interactions with the Daily Momentum coach will not include:

Illegal Activities: Promoting, planning, or engaging in any unlawful acts.

Harassment or Abuse: Any form of harassment, abuse, hate speech, or offensive content directed towards the coach or any other entity.

Sharing Highly Sensitive Corporate IP: Discussions involving confidential or proprietary information of your employer that, if disclosed, could cause harm to the Company. While our privacy model isolates your data from your employer, you are still responsible for protecting sensitive information.

Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Harmful Content: Posting or transmitting content that is defamatory, obscene, pornographic, or otherwise objectionable.

Daily Momentum reserves the right to terminate access for any user engaging in prohibited conduct.

8. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Daily Momentum LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Daily Momentum LLC.

9. User-Generated Content

Daily Momentum does not claim any rights to the content you generate during your SMS conversations with your AI coach. All text messages are protected and will not be used for AI model training or any other purpose without your explicit, informed consent.

In the future, Daily Momentum may introduce features that allow users to voluntarily and explicitly authorize specific messages or conversation segments for review or analysis to help improve the Service. Any such use would be strictly opt-in, clearly explained, and require your express authorization at the time of sharing.

10. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Daily Momentum LLC.

Daily Momentum LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Daily Momentum LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Service Availability and Disclaimer of Warranties

Daily Momentum strives for high availability and reliability of its Service. We aim for 99.5% uptime. However, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may from time to time need to perform maintenance, introduce updates, or address unforeseen technical issues, which may result in temporary interruptions to the Service. We will endeavor to provide advance notice of any planned updates or maintenance through our website or other appropriate channels.

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Daily Momentum LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or a Company's termination of its service contract with Daily Momentum.

If you wish to terminate your account, you may do so by contacting us through the methods provided in Section 16. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Indemnification

You agree to defend, indemnify, and hold harmless Daily Momentum LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and PIN; b) a breach of these Terms, or c) content posted on the Service.

14. Limitation of Liability

In no event shall Daily Momentum LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

15. Governing Law and Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the breach thereof shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Shelby County, Tennessee, USA.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

17. Contact Us

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

Daily Momentum LLC
Email: support@dailymomentum.coach