General terms and conditions

General Terms of Use – MomentumAI

J van Hasseltweg 33A, 1021 KN Amsterdam, The Netherlands

Chamber of Commerce (KvK): 98829254 – VAT: NL865934150B01

1. Definitions

Welcome to MomentumAI. Our platform offers businesses access to a wide range of AI models through a single, central interface. These General Terms of Use describe the rights and obligations that apply to the use of our platform. To avoid misunderstandings, the most important terms are defined below:

• “MomentumAI”: MomentumAI B.V., the provider of the Platform.

• “Customer”: Any business entity that purchases the Platform.

• “Platform”: The AI productivity platform of MomentumAI, including the web interface, APIs, integrations, and document management features.

• “LLMs”: Large Language Models.

• “Agreement”: The contract between MomentumAI and the Customer, consisting of these Terms, the Privacy Policy, the Data Processing Agreement (DPA), and any additional agreements.

• “Sub-processor”: Any party that processes personal data on behalf of MomentumAI (as listed in the Privacy Policy).

• “Force Majeure”: Circumstances as described below in Art. 16 that make the performance of the Agreement impossible.

• “Unauthorized persons” means anyone who has not been granted permission by us to access the services.
  
  
  

2. General and Scope

2.1 These Terms apply to all offers, agreements, and the use of the Platform.

2.2 MomentumAI's offering is exclusively aimed at businesses and not at consumers. A consumer, within the meaning of these Terms of Use, is any natural person who enters into a legal transaction for a purpose that is predominantly outside their trade, business, or profession. By using the services, the Customer declares that they are acting as a business and not as a consumer.

2.3 Deviating agreements are only valid if agreed upon in writing.

2.4 The Customer's general terms and conditions are excluded, unless accepted in writing by MomentumAI.

3. Services and Functionalities

3.1 The MomentumAI platform centralizes access to various, curated Large Language Models (LLMs). A fundamental guarantee of our service is that all offered AI models are hosted exclusively on servers within the European Union. AI models are hosted based on contractual guarantees from its providers, within the European Union, unless explicitly stated otherwise. The Customer can select an LLM within the MomentumAI platform and chat with it. The platform then processes the Customer's requests ('Prompts') to the selected LLM and delivers the generated response ('Output') back to the Customer. In addition to this core function, the platform also includes tools for document management and collaboration within the organization.

3.2 Integrations with third-party systems are subject to the terms and conditions of the respective providers, such as GitHub,, Azure, Mistral API, and Google APIs.

3.3 MomentumAI is not liable for any changes, disruptions, or termination of services by LLM providers or other third parties.

3.4 The Large Language Models (LLMs) on our platform are provided by third parties ("LLM Providers"), who bear full responsibility for them. MomentumAI has no control over the technical operation, functionalities, or availability of these LLMs and therefore cannot guarantee their performance. As LLM Providers can modify or terminate their services at any time, this may affect MomentumAI's service delivery. MomentumAI accepts no liability for any limitation or interruption of service resulting from the decisions or changes made by LLM Providers.

3.5 Termination due to unavailability of services. 

If an LLM service changes significantly or is unavailable for an extended period, making it unreasonable for you to continue the agreement, you have the right to terminate your contract with us. The assessment of what is "unreasonable" will consider the impact and duration of the disruption, its importance to you, the term of your contract, and the price paid.

Notice Period: In such a case, you can terminate with a notice period of: 7 days for a monthly contract, or 30 days for an annual contract.

Upon such termination, you will only pay the subscription fees for the period until the termination takes effect (pro-rata). Any one-time fees already paid will not be refunded.

4. Registration and Customer Account

4.1 Use of the Platform requires registration and the creation of an account.

4.2 The Customer must provide correct, up-to-date information and keep login credentials secure.

4.3 Sharing access credentials with unauthorized persons is prohibited.

5. Formation of Agreement (Electronic Contract)

5.1 Methods of Formation
An Agreement between MomentumAI and the Customer is concluded when any of the following occurs:

• MomentumAI issues a written or electronic confirmation of the Customer’s order or registration.

• The Customer completes an online purchase or subscription via our checkout process (currently facilitated through Stripe). 

• The Customer (or its Authorized User) creates an account and clicks an “Accept,” “Agree,” “Sign up,” or equivalent consent button presented with these Terms.

• The parties sign (including by e‑signature) or otherwise agree to an Order Form or statement of work referencing these Terms.

5.2 Electronic Records and Signatures
The parties consent to transact electronically. Electronic confirmations, click‑accepts, e‑signatures, and platform logs are deemed “in writing” and admissible to establish formation, renewals, and changes to the Agreement.

5.3 Effective Date; Priority of Terms
The Agreement takes effect on the earliest of the events in Clause 5.1 and continues for the applicable subscription term specified at checkout or in the Order Form. If there is a conflict, the Order Form (or checkout terms) prevail over these General Terms, unless expressly stated otherwise.

5.4 Authority and Customer Information
By concluding the Agreement, the individual acting for Customer represents and warrants that they have authority to bind the Customer and that information provided during signup or checkout is accurate and complete.

5.5 Refusal of Orders
MomentumAI may decline or cancel an order or registration (for example, in case of suspected fraud, regulatory restrictions, or unmet eligibility criteria). Any amounts paid for a declined order will be refunded unless refusal is due to Customer’s breach of these Terms.

5.6 Communications
Notices related to formation (e.g., confirmations, receipts) may be delivered electronically, including via email, in‑app messages, or the checkout flow.

6. Availability and Maintenance

6.1 Service Objective
MomentumAI aims for 99% monthly platform availability (the “Availability Objective”).

6.2 Definition of Unavailability

“Unavailability” means a period during which the entire MomentumAI platform is not functioning due to a cause within MomentumAI’s reasonable control. The following are not Unavailability:

• Scheduled maintenance (Clause 6.3) and emergency maintenance (Clause 6.4).

• Issues caused by Customer’s or third‑party networks, devices, applications, or configurations.

• Outages, rate limits, or degraded service from third‑party providers integrated into the platform, including large language models (“LLMs”).

• Events beyond MomentumAI’s reasonable control (force majeure), including war, natural disasters, epidemics, and pandemics.

6.3 Scheduled Maintenance
MomentumAI will announce scheduled maintenance at least 7 days in advance, via email or in‑app notice. Where feasible, scheduled maintenance will be performed during low‑usage windows.

6.4 Emergency Maintenance
If urgent maintenance is required (for example, to address security vulnerabilities or service stability), MomentumAI may perform emergency work without prior notice. MomentumAI will communicate status and updates as soon as practicable.

6.5 Measurement
Monthly availability is measured over a calendar month. Periods excluded under Clause 6.2 do not count against the Availability Objective.

6.6 Third‑Party Models and Services
This Availability section does not cover the availability or performance of LLMs or other third‑party services integrated into the platform. MomentumAI does not guarantee and is not liable for the availability of such third‑party services.

6.7 Remedies
Unless otherwise agreed in an Order Form, the Availability Objective is an operational target and does not entitle Customer to service credits or other remedies. Contractual SLAs (including credits) apply only if expressly stated in an Order Form.

6. Rights of Use

6.1 The Customer receives a limited, non-exclusive, non-transferable right of use.

6.2 Prohibited actions include:

• Renting, selling, or sublicensing.

• Reverse engineering.

• Granting access to unauthorized persons.

7. Customer Obligations

7.1 The Customer may only input data for which they hold the necessary rights.

7.2 Prohibited use includes, among other things:

• Unlawful or discriminatory content.

• Scraping or automated data traffic without permission.

7.3 Your Content

a. Ownership.

All input provided by you and the output generated by the Service (collectively, "Content") is and remains your property at all times.

b. License to MomentumAI.

For the provision and operation of the Service, you grant MomentumAI a limited, non-exclusive, royalty-free, worldwide license solely to host, process, and transmit Your Content to the subprocessors selected by you (the AI models). This license automatically terminates upon termination of the Agreement.

c. Your Responsibilities.

You are solely responsible for the accuracy, quality, and legality of Your Content. You warrant that your use of the Service will comply with all applicable laws and regulations. In the context of the EU AI Act, you acknowledge that you are acting as a 'deployer'. This means you are responsible for assessing whether your specific application of the Service creates a 'high-risk AI system' and, if so, you are solely responsible for complying with all related obligations.

d. Indemnification.

You shall indemnify MomentumAI against all claims, damages, and costs from third parties arising from (i) Your Content or (ii) your breach of the warranties set forth in this section.

7.5 Additional Terms for LLM providers may apply to the use of individual LLMs: 

Compliance with Provider Policies. In addition to this Agreement, your use of each LLM is subject to the specific acceptable use policies, codes of conduct, and other terms of the respective provider ("Provider Terms");

Microsoft Azure
Code of Conduct:Link
Acceptable Use Policy:Link

Amazon Bedrock
Acceptable Use Policy:Link

Google Cloud Platform
Use Policy:Link

The customer is responsible for compliance with these conditions. Violations of these terms may lead to a breach of the contract. 

7.6 The Customer shall indemnify MomentumAI against claims arising from violations. 8.6 To ensure the reliability and availability of the platform, the number of prompts per user is limited within a certain time frame. This limit is set in such a way that 99% of users will never reach it in practice. 

8. Payment and Invoicing

8.1 Rates are based on the contract term, number of users, and usage. Your fees are based on your selected subscription plan and the number of authorized users, as detailed in your Order Form. Any discounts or promotional pricing are subject to the terms of the specific offer and are valid only for the duration stated. Fees are billed in advance at the start of each billing cycle. Invoices are due within fourteen (14) days of the invoice date.

8.2 MomentumAI reserves the right to adjust its pricing to reflect changes in its underlying costs, such as those from LLM providers and infrastructure. We will notify you of any price changes via email at least 30 days before they take effect. If we increase your pricing by more than 10% within a single adjustment, you may terminate your Agreement by providing us with written notice within 14 days of the price increase notification.

8.3 Unless otherwise agreed, invoices will be delivered in electronic form online via email.

9. Liability

9.1 Limitation: The liability of MomentumAI is limited to direct damages and to a maximum of the amount paid by the Customer in the 12 months preceding the event that caused the damage. This limitation does not apply in cases of intent or gross negligence by MomentumAI.

9.2 Exceptions: The limitations in this article do not apply to damages resulting from injury to life, body, or health, nor in cases where statutory provisions (such as product liability law) prescribe otherwise.

9.3 Faults by AI Providers: MomentumAI is not liable for damages directly caused by the underlying AI models (e.g., from Google, OpenAI, etc.). MomentumAI acts as a conduit. In the event of damage caused by an AI provider, our role is limited to assisting the Customer in recovering the damages from that provider, to the extent that the provider's terms and conditions allow.

9.4 Lapse Period: Any claim for damages against MomentumAI lapses 12 months after the claim arises.

10. Warranty and Outputs

10.1 MomentumAI does not guarantee the error-free operation of the Platform or the accuracy of LLM outputs.

10.2 MomentumAI has no influence on the completeness and accuracy of the output generated by the LLMs and assumes no warranty in this respect. MomentumAI expressly advises the Customer not to rely on the accuracy of the content of the outputs without verification. Outputs that appear correct due to their level of detail or specificity may nevertheless contain material inaccuracies. Likewise, outputs may not contain the most current or complete information. Events or changes in the underlying facts that occurred after the training of the respective LLM are not taken into account by the LLM and may not be reflected in the output. The provisions of this section apply accordingly to the responses generated when using the Web search function.

12. Processing of Personal Data

12.1 If MomentumAI processes personal data on behalf of the Customer, the Data Processing Agreement (DPA) applies.

12.2 MomentumAI takes appropriate technical and organizational measures (see Privacy Policy), including the contractual agreements with our AI providers as described in the Appendices. These agreements ensure that customer data is processed and stored within the European Union (EU) and is not used for training purposes.

13. Term and Termination

13.1 The Customer obtains the right to use the MomentumAI platform for the duration of the agreed contract term. Unless a different minimum term has been agreed, the initial contract term is one month. After expiration, this term is automatically extended by one month at a time, unless one of the parties terminates the agreement at least 7 days before the end of the current term. If an annual contract has been concluded, it will be automatically extended by another 12 months, unless the agreement is terminated by one of the parties at least 30 days before the end of the initial or extended term.

13.2 Termination for Cause: Both parties retain the right to terminate the agreement with immediate effect for good cause. MomentumAI has this right in particular in the following cases:

• The Customer becomes insolvent or over-indebted.

• The Customer is in default of payment of the agreed remuneration for two consecutive months.

• The Customer has a total payment default over a period of more than two months equal to the remuneration to be paid for two months. 13.3 Method and Consequences of Termination: Termination must be in writing, for which an email is sufficient. After the termination of the agreement, the Customer will no longer have access to the platform. The Customer Content will be deleted from the platform after the contract term expires, unless the agreement is extended or a new agreement is concluded.
  
  
  

14. Confidentiality

14.1 Parties shall treat confidential information with strict confidentiality.

14.2 This obligation shall remain in force after termination.

15. Amendments

15.1 MomentumAI reserves the right to amend its services and these General Terms of Use. Amendments are permissible to the extent that the respective amendment is necessary to account for any changes that were not foreseeable at the time the contract was concluded, in particular changes to technical or legal conditions, including the conditions for the use of LLMs and third-party tools. We will always duly take into account the legitimate interests of the Customer. The unilateral extension of the scope of functions, in particular the inclusion of additional LLMs or tools, is possible at any time.

15.2 Notification and Objection: The Customer shall be notified of any amendments by email. If the Customer does not object to their application within four (4) weeks of receipt of the notification, such amendments shall be deemed accepted with effect for the future. If the Customer objects to the amendments, MomentumAI is entitled to terminate the contractual relationship with a notice period of two (2) weeks, provided that MomentumAI has notified the Customer of the effect of not objecting and of the right of termination in the amendment notification.

15.3 Exclusion of Fundamental Changes: Any amendment to the subject matter of the Agreement and the main performance obligations that would lead to a change in the contractual structure as a whole shall be excluded from the right to amend. In such cases, MomentumAI will inform the Customer of the intended amendments and offer to continue the contractual relationship under the amended conditions.

16. Force Majeure

16.1 MomentumAI is not liable in cases of force majeure, including but not limited to war, natural disasters, pandemics, power outages, and internet failures.

17. Applicable Law and Jurisdiction

17.1 These Terms are governed by Dutch law.

17.2 Disputes shall be settled by the competent court in Zwolle, the Netherlands.

17.3 Only the Dutch version is legally binding.

Appendices

AI-Model

Provider

Our Commitments 

OpenAI Models

Microsoft Azure

MomentumAI has a Customer Agreement with Microsoft for the use of their Azure AI services. Our service is based on this agreement and the applicable Microsoft Product Terms, which contain fundamental data security obligations. In these terms, Microsoft guarantees that your data (such as prompts and output) remains strictly confidential. Your data will not be used to train Microsoft's models or those of third parties (like OpenAI), nor to improve other Microsoft products. This specific guarantee is further detailed in Microsoft's documentation on data and privacy for Azure OpenAI. A key part of our agreement is that all data storage and processing is guaranteed to take place on servers within the European Union (EU). Your data does not leave the borders of the EU at any time.

Anthropic Models

Amazon Bedrock

MomentumAI has a customer agreement with Amazon Web Services (AWS). Our service via Amazon Bedrock is based on the AWS Service Terms. In these terms, AWS commits not to use content processed via its AI services for training their models or improving other AWS services. AWS emphasizes this in its documentation: "Amazon Bedrock doesn't store or log your prompts and completions. Amazon Bedrock doesn't use your prompts and completions to train any AWS models and doesn't distribute them to third parties." Furthermore, we have a Data Processing Addendum (DPA) with AWS. This agreement guarantees that AWS treats your data confidentially, does not share it with third parties, and processes it exclusively on servers within the European Union.

Google Models

Google Cloud Platform

MomentumAI has a customer agreement with Google. Our service via the Google Cloud Platform is based on the Service Specific Terms. In these terms, Google commits not to use customer data by default for training or improving its AI/ML models. Google emphasizes this in its documentation on data governance for generative AI: "Customers can use Google Cloud's foundation models knowing that their prompts, responses, and any adapter model training data aren't used for the training of foundation models." Additionally, we have concluded a Cloud Data Processing Addendum (DPA) that governs data processing. In this agreement and the service terms, Google guarantees that when we select a specific region (like the EU), the customer data is stored and processed exclusively in that region.

Mistral Models

Mistral AI (Direct)

MomentumAI has a direct commercial agreement with Mistral AI. This agreement, in combination with their Acceptable Use Policy and Privacy Policy, forms the basis of our partnership and the protection of your data. Herein, Mistral guarantees that our customers' data (prompts and outputs) will not be used to train or improve their own models. This agreement stipulates that all data processing occurs on servers within the European Union, bringing the data fully under the protection of the GDPR. Mistral has also committed to strict confidentiality and does not share customer data with third parties.