These Terms form a binding agreement between You and Momentus Research Pte. Ltd (“Momentus”, “We”) that are accepted by You each time that You use or access the Momentus ONE Application or other services (collectively “Services”). If You do not agree with these Terms, do not access or use the Services.

This policy applies to both the organization that has set up a Momentus ONE account (the “organization,” “subscriber” or “employer”) and the end user who participates in that account using his/her individual Momentus ONE account (“You”, the “individual,” “user” or “employee”).

Momentus reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new functionality, tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The most current version of this Agreement can be reviewed by clicking the “Terms of Service” link located on the Momentus ONE Application under the header of “Terms and Privacy Policy”.

Violation of any of the terms below could result in the suspension or termination of your Account. While Momentus prohibits such conduct and Content on the Service, you understand and agree that Momentus is not responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1. Does This Agreement Apply to Me?
   1. The terms of this agreement apply to anyone making use of the Momentus ONE Application or Services including:
      • Organizations that have set up a paid or demo/trial Momentus account
      • Individual users that have access to a Momentus account
2. Account Terms
   1. Users of the Momentus ONE Application and Services must be 14 years of age or older. For users between the age of 14 and 16, parental consent is required. It is your employer’s / organization’s responsibility to ensure that their employees below the age of 16 have parental consent to use the Services.
   2. In jurisdictions where the legal working age or age requirement for parental consent is higher than the above, it is your employer’s responsibility to ensure that it has gathered the necessary parental consent as required in your jurisdiction.
   3. You must provide your full legal name, a valid email address, and any other required information to complete the signup process.
   4. You are responsible for maintaining the privacy and security of your account.
   5. Momentus will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
   6. No one individual or organization may maintain more than one account without a subscription. Extraneous accounts that are not connected to an active subscription may be deleted at Momentus’ discretion.
   7. The subscribing organization and its users are responsible for all content posted and activity that occurs under its account (even when content is posted by others who have sub-accounts under your account).
   8. Momentus is committed to continually improving and enhancing the Services and, subject to any other written agreement you may have with Momentus, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and Momentus may cease providing the Services (or any specific features within the Services) to you or to users generally at Momentus’ sole discretion, without prior notice to you.
   9. You may stop using the Services at any time. For users within an organization that use Momentus, contact your organization’s Momentus ONE Administrator to request the removal of your user account and anonymization or deletion of any personal data (if required). As an organization, you may end your use of Momentus services by contacting us to cancel any subscriptions that you may have with Monentus. See “Modifications to the Service and Fees” for information on cancelling a subscription agreement.
   10. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3. Trial and Inactive Accounts
   1. A trial account may be set up to allow you to test the functionality of Momentus’ Services. These accounts may include some limitations compared to Accounts tied to an active paid subscription.
   2. Trial accounts that do not upgrade to a subscription at the end of the trial period are automatically downgraded to an Inactive Account.
   3. Inactive Accounts are accounts that have not been associated with a paid subscription for Services and therefore do not receive access to those services. See “Data Retention” for information on the data implications of an inactive Account.
4. Privacy
   1. Our Privacy Policy is located at:https://momentusresearch.com/one/static/pdf/PDPAPrivacyPolicy.pdf
5. Data Retention
   1. For paid Service accounts, Momentus maintains ongoing backup data of its user accounts for a period of six (6) months. Backup data that is older than six months is routinely erased from the system.
   2. Data stored pertaining to free accounts is held for a period of six (6) months before being completely purged from the system. Trial and free users whose data is removed in this manner will be unable to recover this data should they decide to subscribe to Momentus’ Services in the future.
6. Payment, Access, and Account Updates
   1. You agree to pay Momentus all fees set forth in each agreement.  All fees will be billed as indicated in each agreement. Unless Momentus and You expressly agree otherwise in writing, all fees are payable in United States dollars or in the agreed currency unless Momentus and You expressly agree otherwise in writing.  You will also be responsible for all usage tax, sales tax, and other tariffs imposed on the Services.
7. Monthly Subscriptions
   1. For our monthly subscription plans, a valid credit card and/or organization bank account details are required to commence services.  We will charge you a monthly fee based on your account type, budget set-up for the respective rewards programs, and number of active users. The Service is billed in advance for each month and is non-refundable. There will be no refunds or credits for partial months of service, nor refunds made should you not use the Service during a period of time when your account is open.  No exceptions will be made. You can archive users at any time.
   2. Should you add or archive users, upgrade or downgrade your account type, your credit card and/or organization account will be charged your new billing rate on your renewal date.
   3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Momentus does not accept any liability for such loss.
8. Non-transferable Rights
   1. The rights to use the Services are personal to you and within your organization, and you may not transfer or assign to a third party any of your rights and obligations as defined in this agreement and/or the agreed agreement Momentus have with your organization, or any other document constituting this Agreement.
9. Access Charges
   1. You should be aware that your network provider may charge you both for access to its connection services and for the duration of your mobile phone’s connection while accessing Momentus ONE Applications; you are responsible for these costs and the costs of any other third party associated with the use of Momentus ONE Applications.
10. Modifications to the Service and Fees
    1. You alone are responsible for the proper cancellation of your account. You may cancel your account by contacting Momentus ONE support team and/or your dedicated Account Manager if your account type is assigned one.
    2. For monthly subscription plans, you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
    3. For annual and multi-year agreements, the cancellation clause in each specific agreement will apply.
    4. Momentus reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Momentus may refuse service to anyone for any reason at any time.
11. Governing law
    1. This Agreement and its Terms of Service is governed and shall be construed in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of Singapore courts.
12. Copyright and Ownership
    1. Momentus owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, the recognition system, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. Our various third-party partners retain the ownership of their own intellectual property and protectable content. You may not copy, modify, adapt, reproduce, distribute, reverse-engineer, decompile, or disassemble any aspect of the Service owned by Momentus or its partners.
    2. Momentus claims no intellectual property rights over the content you upload on your own, unless you used the Service such as the creative and copyrighting service of Momentus for the uploaded content. However, by using the Service to send content, you agree that others, designated by the account owner, may view and share your content
    3. Momentus does not pre-screen content, but Momentus has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.
    4. You understand that all information or content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or entity from which such information or content originated (“content”) and that content may be protected by intellectual property rights held by the originator(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Momentus or by the owners of that content, in a separate agreement.
    5. You understand that by using the Services you may be exposed to content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.
    6. You agree that you are solely responsible for (and that Momentus has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Momentus may suffer) by doing so.
    7. Any content you send or otherwise make available through use of the Services, including but not limited to, sending points, comments, testimonials, connection requests, and redeeming rewards is done so at your own risk. Momentus cannot control the actions of other users with whom you may choose to share any information and cannot and does not guarantee that content you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own content and the consequences of posting or publishing it.
13. Non-Disclosure Agreement
    1. In connection with this program, Momentus may disclose to you certain information that the Momentus ONE Application considers confidential and/or proprietary (“Confidential Information” or “Restricted Information”) including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service and/or the Software. Service Suggestions shall be deemed to be Momentus Confidential Information.
    2. You shall not disclose and shall protect the Confidential Information of Momentus and shall use no less than a reasonable degree of care to prevent its unauthorized use, dissemination or publication to any unauthorized third parties and/or competitors of Momentus.
    3. Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of you; (ii) was in the your lawful possession prior to the disclosure and was not obtained by you either directly or indirectly from Momentus.
14. Third Party Sites
    1. The Services may include hyperlinks to other websites or content or resources. Momentus does not have control over any websites or resources that are provided by companies or persons other than Momentus. You acknowledge and agree that Momentus is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. Unless Momentus and You expressly agree otherwise in writing that you accept targeted third party articles and communications on certain account type.
    2. You acknowledge and agree that Momentus is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Momentus encourages you to be aware when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
15. Warranties and Limitations
    1. Momentus does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
    2. You expressly understand and agree that Momentus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Momentus has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
    3. The failure of Momentus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Momentus and govern your use of the Service, superseding any prior agreements between you and Momentus (including, but not limited to, any prior versions of the Terms of Service).
    4. Warranties for any goods redeemed as a reward or as a use of service on the Momentus ONE Application would not be the responsibility of Momentus. expressly set forth in the respective organization’s services agreement dependent on account type, the Service purchased under these terms are furnished as is, where is, with all faults and without warranty of any kind, express or implied, including any warranty of merchantability or fitness for any particular purpose.
16. Indemnification
    1. You agree to indemnify, defend and hold harmless Momentus, its affiliates, officers, directors, shareholders, employees, consultants, agents, suppliers, account managers, and sales consultants throughout the world from any and all third party claims, liability, damages, losses and/or costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your use of the Momentus ONE Application and Services, your violation of these Terms of Service or the infringement or violation by You or any other authorized user of your account, of any intellectual property relating to the Service (including without limitation your user content) or other right of any person or entity.
    2. Your indemnification obligations are conditional upon Momentus providing you with prompt written notice of any claim against us and allow you the right to assume sole control of the defence and any related settlement negotiations. Momentus will cooperate with any reasonable requests assisting the indemnifying party’s defence and settlement.
17. Trademarks
    1. The Momentus and/or Momentus ONE logo, “Momentus” and taglines are registered Momentus’ trademarks. The absence of a name, logo, or trademark symbol in this list does not constitute a waiver of any and all intellectual property rights that Momentus has established in any of their product, feature, or service names or logos.
18. Issuance and Expiry of Points
    1. The issuance of points is the responsibility and role of the organization unless Momentus and You expressly agree otherwise in writing. Points are issued based on the respective performance matrix each organization may use in their respective Rewards Program, departments, countries, etc.
    2. The number of Points awarded to and credited to Your Rewards Wallet will be reflected in the user’s Points History, and such number may be corrected or revised by the authorised Client Admin, Managers, or Momentus Account Managers at any time to correct any computational or recording errors. Please bring up any enquires or errors through the appropriate communications or Support channels in the Momentus ONE Application and/or in your organization.
    3. Where any charge posted to a user and/or organization account is reversed or is found to be (in Momentus’s opinion) in respect of or related to a user, or organization transaction (whether in whole or in part), the Points awarded in respect of such transaction will be cancelled (“Cancelled Points”). In the event that the Cancelled Points have been redeemed, Momentus reserves the right to charge the equivalent cash value of the redemption to the user or organization account. The cash value of the goods or use of Service redeemed shall be the agreed amount with the organization in their Service and Rewards Agreement,
    4. Only users whose user and/or organization accounts are valid and in good standing (as determined by Momentus) will be eligible to use their Points to make redemptions under the Momentus ONE Application.
    5. Validity period of Points awarded are counted based on the calendar year unless Momentus and You expressly agree otherwise in writing.
19. Redemption of Points
    1. All redemptions are subject to the accumulation of sufficient Points and final acceptance by Momentus ONE Application based on your organization’s Client Admin, assigned Managers, and/or Momentus ONE Account Manager. Redemptions will be cancelled automatically in the event of insufficient Points.
    2. Redemptions made under the respective Rewards Program will be using the respective, eligible, Rewards Program Your Rewards Wallet with the confirmation of redemption sent to Your Privileges and your registered email for confirmation of redemption details, the redemption progress, or the voucher code. Any reward goods or use of Services that requires delivery would be sent to the mailing address provided in the Momentus ONE Application and/or the organization’s designated address within the respective time agreed based on the goods or use of Service by the respective third party.
    3. Users must present the original rewards redemption confirmation and/or voucher, after any necessary scanning of Merchant QR code as necessary based on the goods or use of Service, at the participating Merchants’ outlets.
    4. Any use of Momentus ONE privileges, points for redemption, and/or vouchers must be presented prior to making payment or quoted when making reservations.
    5. Once a redemption has been accepted by Momentus ONE and/or your organization, it cannot be cancelled or exchanged by the user. There will be no replacement of lost, defaced, torn, damaged, unsatisfactory, or stolen goods or use of Service.
    6. Refer to the respective terms and conditions before confirming redemption for the validity of the redemption issued by the third party merchant from the date of issue, unless otherwise specified. Users are responsible that they use the goods or Services before the redemption expiry. No request for extension of the validity will be entertained.
    7. Momentus privileges or a voucher is not to be used in conjunction with other VIP/membership privileges, promotions or discounts and cannot be used to purchase gift vouchers of the respective merchants unless otherwise specified. Use of the reward redeemed will be subject to the terms and conditions of the respective merchants.
    8. All Momentus privileges and rewards redemption to be used on site must be presented prior to ordering, unless otherwise specified.
    9. Additional Terms and Conditions on the Momentus ONE Application for any goods or use of Service precedes this agreement and/or adds onto the Terms of Service as stated.
    10.  Charges exceeding and/or not included in the value stated on the Momentus Privilege or voucher must be settled by the You with the Merchant directly.
    11. All goods or use of Service that have been redeemed by the user are not refundable and shall not be exchangeable for cash, Points or another Rewards item.
    12. Reward goods or use of Service items featured in the Rewards Program catalogue are valid for the calendar year, and are only available while stocks last, or unless Momentus and You expressly agree otherwise in writing. Replacement of Rewards items will be solely at the discretion of Momentus and/or your organization and may be made without notice.
20. Miscellaneous
    1. Momentus may assign or deal with these Terms of Use in favour of any of its subsidiaries, subcontractors or appointed agents to carry out its obligations herein. Momentus shall not be responsible to you for any delay in performance or non-performance of its subcontractors and/or agents due to causes beyond its reasonable control.
    2. Momentus shall not be in breach of its obligations of confidentiality if disclosure of your confidential information is pursued in conjunction with an order of court, or is required by law or any governmental or regulatory authority. However, if the disclosure is not required with immediate effect, Momentus shall give you prior notice of such disclosure.
    3. Any Momentus ONE points credited to the eligible Your Rewards Wallet in the Momentus ONE Application, that are found to be ineligible will be deducted automatically.
    4. The sale or barter of Momentus ONE points is prohibited and will result in cancellation of these Momentus ONE points. Users who breach this rule may also be subject to litigation and liable for damages, and transaction costs and/or managed under your organization’s corporate compliance and employee guidelines.
    5. Any transactions carried out on the Momentus ONE Application by users under 12 years of age require consent from their parents or legal guardians. In countries where consent is required for members above 14 years of age, the law of the country where the transaction is conducted will apply. Momentus will not be liable for the verification of the parent’s or guardian’s signature, or for the verification of the parent’s or guardian’s authority to give consent.
    6. Should Momentus and/or Momentus ONE Application collaterals be available in other languages, the English language version shall be the only point of reference if any discrepancy arises.
    7. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore. Any unresolved dispute arising under, out of, or in connection with these Terms of Use, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force.