1. Who we are and about these terms
These terms of service ("Terms") govern your access to and use of Momentum Reach (the "Service"), a web-based marketing advisor application provided by Traction Automotive Ltd ("we", "us", "our"), a private limited company registered in England and Wales (Companies House number: 16963413), trading as Momentum Business Support.
By accessing or using the Service you agree to be bound by these Terms. If you do not agree, please do not use the Service.
Our registered address is available at Companies House. For support or general enquiries, contact us at help@momentum-reach.com.
2. The Service
The Service provides small business owners with access to a marketing advisor platform. This includes, but is not limited to:
- Marketing consultation and strategy tools powered by AI
- Campaign and asset creation features
- Social media posting and scheduling via Facebook integration
- Email campaign management via Mailchimp integration
- Competitor monitoring tools
- Action planning and performance tracking features
We reserve the right to update, improve, or modify features of the Service at any time. We will not remove core functionality without giving you at least 30 days' prior written notice.
Use of third-party integrations within the Service (including Facebook and Mailchimp) is subject to those providers' own terms of service and platform policies. We are not responsible for any changes to, or the unavailability of, any third-party service, and any such change or unavailability shall not constitute a breach of these Terms.
3. Pilot access
The Service is currently available on an invitation-only pilot basis. Access is granted at our sole discretion and may be withdrawn at any time. Pilot access is provided free of charge. It does not confer any right to continued access or to a commercial subscription on any particular terms.
Subscription pricing and commercial terms will be introduced in a future version of the Service. When that happens, we will notify pilot users in advance and provide a clear opportunity to review and accept the new terms before any charges are applied.
4. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at help@momentum-reach.com if you become aware of any unauthorised use of your account.
Your account covers a single business. Use of one account across multiple separate business entities is not permitted without our prior written agreement.
We reserve the right to suspend or terminate accounts that are found to be in breach of these Terms. Where reasonably practicable, we will give you prior written notice and a reasonable opportunity to remedy the breach before taking such action.
5. Intellectual property
All intellectual property rights in the Service (including its software, design, branding, and content, but excluding Your Content) are and shall remain owned by us or our licensors. Nothing in these Terms grants you any rights in the Service other than a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.
6. Data and privacy
Our collection and use of your personal data is governed by our Privacy Policy, which forms part of these Terms. By using the Service you agree to our Privacy Policy.
You retain ownership of all content and data you input into the Service ("Your Content"). You grant us a non-exclusive, royalty-free, worldwide licence to use, store, and process Your Content solely to the extent necessary to provide and improve the Service. We do not sell your data to third parties.
If your account is closed or access is withdrawn, we will retain Your Content for a period of 30 days, during which you may request its export. After that period, we may delete Your Content and shall have no further obligation to retain it.
7. Limitation of liability
To the fullest extent permitted by applicable law, Traction Automotive Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, or loss of goodwill, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you in connection with these Terms or the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £500 or the total amount paid by you to us in the twelve months immediately preceding the event giving rise to the claim, whichever is higher.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
8. Service availability
We aim to keep the Service available at all times but we do not guarantee uninterrupted or error-free access. Scheduled maintenance, third-party outages, or circumstances beyond our reasonable control may occasionally affect availability.
We will make reasonable efforts to notify you of planned maintenance in advance. We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including acts of God, telecommunications failures, power outages, and failures of third-party services.
9. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the effective date at the top of this page and, where the changes are material, notify you by email to the address associated with your account at least 14 days before the changes take effect.
If you do not agree with any material change, you may stop using the Service before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
10. Severability
If any provision of these Terms is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions.
11. Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Service and supersede all prior agreements, representations, and understandings (whether written or oral) relating to such subject matter.
12. Waiver
No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be deemed a waiver of that right or remedy on any subsequent occasion.
13. Governing law and dispute resolution
These Terms are governed by the laws of England and Wales.
In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter through good faith negotiation. If the dispute is not resolved within 30 days of written notice being given by one party to the other, either party may refer the matter to the exclusive jurisdiction of the courts of England and Wales.
14. Contact
If you have any questions about these Terms, please contact us at help@momentum-reach.com.