Terms of Service

These Terms of Service (“Terms”) govern your use of the website located at https://momentiv.ai and any content, materials, or services made available through it (collectively, the “Site”), as well as any AI-powered communication services we provide on behalf of our business clients, including SMS, email, web chat, and voice communications (collectively, the “Communication Services”). The Site and Communication Services are operated by Momentiv LLC (“Momentiv,” “we,” “us,” or “our”).

By accessing or using the Site or by engaging with our Communication Services, including sending or receiving SMS messages through a business that uses our platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Site or engage with our Communication Services.

1. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms.

You agree that you will not:

• Use the Site in any way that violates applicable laws or regulations.
• Attempt to gain unauthorized access to any portion of the Site, to other accounts, or to any systems or networks connected to the Site.
• Interfere with or disrupt the operation of the Site or any servers or networks used to make the Site available.
• Use any automated tools or scraping technologies to access the Site in a way that is excessive or harmful.

We may modify, suspend, or discontinue any part of the Site at any time without notice.

2. Communication Services and AI Disclosure

Momentiv provides AI-powered communication and operations services on behalf of home services businesses. When you contact a business that uses our platform, you may interact with our AI assistant, which can respond to service inquiries, schedule appointments, provide information, and send follow-up communications on behalf of that business.

Our Communication Services are powered by artificial intelligence. The AI assistant may handle your inquiry, schedule appointments, and provide information on behalf of the business. AI-generated responses may occasionally contain errors or inaccuracies. Information provided by the AI assistant, including scheduling, pricing, and service details, is subject to confirmation by the business. If at any time you prefer to speak with a human representative, you may request to be transferred and we will connect you with someone from the business.

The business you contact is responsible for the services they provide to you. Momentiv facilitates communication. We do not perform home services work.

3. SMS Communications

Momentiv LLC operates two distinct types of SMS messaging programs: customer-facing messaging sent through systems we build and operate on behalf of our business clients, and operational messaging sent directly to our business clients. Each is described below.

3.1 Program Name and Description

Program Name: Momentiv Communication Services

Program Description: When you opt in, you will receive SMS text messages related to your service inquiry, appointment scheduling, service follow-up, and review requests from the home services business you contacted. Business owners who engage Momentiv for services may separately receive operational SMS messages including daily briefings, lead notifications, and status updates as part of their service agreement.

3.2 Customer-Facing Messaging via Client Businesses

By initiating contact with a home services business that uses our platform through any of the opt-in methods described below, you consent to receive SMS messages related to your inquiry and the services you requested.

Types of Messages You May Receive:

• Responses to your service inquiry or request
• Appointment scheduling, confirmation, and reminders
• Follow-up on pending inquiries or estimates
• Requests for feedback or reviews after service completion

All messages identify the sending business by name in the sender field or message body.

Opt-In Methods:

You opt in to receive SMS messages by taking one of the following actions: (a) sending a text message to a business phone number powered by our services; (b) submitting a website contact form that includes an SMS consent checkbox and the disclosure: “I agree to receive SMS messages from [Business Name] regarding my service inquiry. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe.”; or (c) providing your mobile phone number during a phone call with the business for the purpose of follow-up communication. No outbound messages are sent to any number that has not opted in through one of these methods. Opt-in consent is recorded and timestamped.

3.3 Operational Messaging for Business Clients

Business owners who engage Momentiv LLC for services consent to receive operational SMS messages as part of their service agreement. These messages may include daily operational briefings, lead notifications and alerts, responses to status requests and commands, and service-related coordination. Consent to receive SMS messages is not required to access our services or complete a transaction.

3.4 Message Frequency

Message frequency varies depending on your interaction. You may receive multiple messages during an active conversation and periodic follow-up messages related to your inquiry. We will not send messages unrelated to your service inquiry or the business you contacted.

3.5 Opting Out

You may stop receiving messages at any time by replying STOP to any SMS message. You will receive a single confirmation message acknowledging your opt-out request, and no further messages will be sent unless you initiate contact again.

To opt back in, repeat any of the opt-in methods described in Section 3.2.

3.6 Help and Support

Reply HELP to any SMS message for assistance. You will receive a reply containing support contact information and a reminder that you can reply STOP to unsubscribe.

You can also contact us directly at hello@momentiv.ai.

3.7 Message and Data Rates

Standard message and data rates may apply depending on your mobile carrier and plan. Momentiv does not charge you for receiving messages. Any charges are from your mobile carrier. Your consent to receive SMS messages is not a condition of purchase.

3.8 SMS Data Sharing

No mobile information, SMS opt-in data, or consent data will be shared with third parties or affiliates for marketing or promotional purposes. This information is excluded from all other data-sharing practices described in our Privacy Policy.

SMS opt-in data and consent records may only be shared with subcontractors or service providers acting on our behalf, and solely to the extent necessary to deliver the messaging service you have opted into. This includes our SMS platform provider (Twilio), call tracking providers, and CRM systems used to operate the messaging program. These parties are contractually bound to protect your information and may not use it for their own marketing or promotional purposes.

SMS opt-in data is not used for targeted advertising, is not sold, and is not shared with advertising or analytics partners under any circumstances.

For full details on how we handle SMS data, see our Privacy Policy.

3.9 Supported Carriers

Our services support all major U.S. mobile carriers. Carriers are not responsible for delayed or undelivered messages.

4. No Professional Advice

The content on the Site and information provided through our Communication Services are for general informational purposes only.

• Nothing on the Site or communicated through our services is intended to be, and you should not rely on it as, legal, tax, financial, or accounting advice.
• Our AI assistant does not provide binding price quotes, warranty commitments, or legal advice. Any estimates, pricing discussions, or service details shared during communication are subject to confirmation by the business.
• You are responsible for consulting qualified professionals before making decisions in those areas.

The business you contact is responsible for the accuracy of their service offerings, pricing, and availability. You remain solely responsible for your use of any ideas, strategies, or information obtained from the Site or our Communication Services.

5. Relationship to Separate Agreements

If you engage Momentiv for services, the details of that engagement, including scope, pricing, deliverables, and timelines, will be set out in one or more separate written agreements, such as a Master Services Agreement (MSA) and Statement of Work (SOW).

If there is any conflict between these Terms and an MSA or SOW that you have signed with us, the terms of the MSA or SOW will control for that engagement.

6. Intellectual Property

All content on the Site, including text, graphics, logos, icons, images, audio, video, and layouts, as well as the overall look and feel of the Site (collectively, the “Content”), is owned by or licensed to Momentiv and is protected by intellectual property and other laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for your own informational and internal business purposes only.

You must not:

• Copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content, except as expressly allowed by these Terms or with our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary rights notices from the Site or Content.

All trademarks, service marks, and logos displayed on the Site are the property of Momentiv or third parties. Use of these marks without prior written consent is prohibited.

7. User Submissions and Feedback

If you submit any information, content, or materials to us through the Site, including feedback, suggestions, or ideas (“Submissions”), you grant Momentiv a non-exclusive, worldwide, royalty-free license to use, copy, modify, and incorporate those Submissions into our business and services without any obligation to compensate you.

You represent and warrant that you have the right to provide any Submissions you send us and that they do not infringe the rights of any third party.

8. User Conduct

When interacting with our Communication Services, you agree not to:

• Send messages that are unlawful, threatening, abusive, or harassing.
• Attempt to disrupt or interfere with the operation of our services.
• Impersonate another person or entity.
• Use our services for any purpose other than legitimate business communication with the home services company you are contacting.

9. Third-Party Links and Tools

The Site may contain links to third-party websites or may reference or integrate third-party tools and platforms.

• These third-party sites and tools are not controlled by Momentiv.
• We are not responsible for the content, policies, or practices of any third party, and your use of them is at your own risk.
• Your use of any third-party services is governed by the terms and privacy policies of those third parties.

10. Disclaimers

The Site, Communication Services, and all Content are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, Momentiv disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, we do not warrant that:

• The Site or Communication Services will be uninterrupted, secure, or error-free.
• The Content or information provided through our Communication Services will be accurate, complete, or current.
• SMS messages will be delivered without delay or interruption.
• AI-generated responses will be free of errors or inaccuracies.
• Any defects will be corrected.

You use the Site and Communication Services at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, Momentiv and its owners, directors, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with:

• Your access to, use of, or inability to use the Site or Communication Services,
• Any Content on the Site or information provided through our Communication Services,
• The quality, timeliness, or outcome of services performed by any business using our platform,
• Scheduling errors or conflicts that arise from a business's operations,
• Interruptions or delays in message delivery caused by carriers or technical issues,
• Errors or inaccuracies in AI-generated responses,

even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, Momentiv's total liability for any claim arising out of or relating to the Site, Communication Services, or these Terms will be limited to one hundred U.S. Dollars (US $100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Momentiv and its owners, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Site or Communication Services,
• Your violation of these Terms, or
• Your violation of any rights of another person or entity.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at legal@momentiv.ai with a written description of your claim. Both parties agree to attempt to resolve the dispute informally within thirty (30) days from the date of the written notice.

13.2 Binding Arbitration

If the dispute is not resolved informally within thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Clark County, Washington. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

You and Momentiv agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

13.4 Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm.

14. Force Majeure

Momentiv will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power outages, internet or telecommunications failures, carrier outages, third-party API or service provider failures, and cyberattacks. During any such event, our obligations under these Terms will be suspended for the duration of the event.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page.

Your continued use of the Site or engagement with our Communication Services after we post updated Terms means you accept and agree to the changes. If you do not agree to the updated Terms, you must stop using the Site and our Communication Services.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law rules.

Any legal action or proceeding arising out of or relating to these Terms or the Site that is not subject to arbitration under Section 13 will be brought exclusively in the state or federal courts located in Clark County, Washington, and you consent to the jurisdiction of such courts.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any separate written agreements you may have with us (such as an MSA or SOW), constitute the entire agreement between you and Momentiv regarding your use of the Site and Communication Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.

18. Contact

Momentiv LLC

Email: legal@momentiv.ai

Website: https://momentiv.ai