Terms of Service

By accessing or using the site you represent that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• The information you provide is accurate and complete

Persistent Momentum is a portfolio operator that designs, builds, and ships software products. Our products are sold through their own product brands and websites. The corporate site at persistentmomentum.com is a corporate surface for investors, partners, talent, and press.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

When using our services, you agree not to:

• Provide false, inaccurate, or misleading information
• Use the services for any unlawful purpose
• Interfere with or disrupt the services or servers
• Attempt to gain unauthorized access to any portion of the services
• Use automated systems to access the services without permission
• Transmit viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect or store personal data about other users

All content, features, and functionality of our services — text, graphics, logos, images, software, and design — are owned by Persistent Momentum or our licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our content without our prior written consent, except as necessary for your authorized use of the services.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content

We do not warrant that the services will meet your requirements. Your use of the services is at your sole risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSISTENT MOMENTUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages from your access to or use of (or inability to access or use) the services
• Damages from any conduct or content of third parties
• Unauthorized access, use, or alteration of your content

Our total liability for all claims arising out of or relating to these Terms or the services shall not exceed the amount you paid us, if any, during the twelve months prior to the claim, or $100, whichever is greater.

You agree to indemnify, defend, and hold harmless Persistent Momentum and its officers, directors, employees, contractors, agents, and affiliates from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of or access to the services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through the services

We reserve the right to suspend or terminate your access to the services at any time, with or without cause and notice, including if:

• You breach these Terms
• We are required to do so by law
• We decide to discontinue the services

Sections that by their nature should survive termination (intellectual property, disclaimers, limitations of liability) shall survive.

These Terms shall be governed by the laws of the United States, without regard to conflict of law provisions.

Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

We may modify these Terms at any time. We will post the new Terms on this page and update the “Last updated” date. Your continued use after changes become effective constitutes acceptance of the revised Terms.

If any provision of these Terms is unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary; the rest of the Terms remain in effect.

Our failure to enforce any right or provision will not be deemed a waiver.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Persistent Momentum concerning the services.

Questions about these Terms?