Terms of Service

1. Who we are

Momentary is an AI-assisted virtual primary care service offered through the Momentary iOS app (the “App”).

The App and the technology platform are operated by Momentary Labs Inc. (“Momentary,” “we,” “us,” or “our”), a Delaware corporation headquartered in San Francisco, California. Momentary Labs is a management services organization (MSO) that provides administrative, technology, and non-clinical support services.

Clinical care is provided by Momentary Medical Group West PC (the “Medical Group”), an affiliated California professional corporation that employs or contracts with the licensed physicians and other healthcare providers who deliver care through the App. The Medical Group has sole authority over all clinical decisions. Momentary Labs does not practice medicine and does not interfere with the independent professional judgment of the Medical Group’s clinicians.

2. Acceptance of these terms

By creating an account, starting a free trial, or using the App, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, do not use the App. These terms form a binding contract between you and Momentary Labs and, where clinical care is involved, between you and the Medical Group.

3. Eligibility

To use the App and receive care through Momentary, you must:

• Be at least 18 years old.
• Be physically located in the State of California at the time of any clinical encounter.
• Provide accurate, current, and complete information about yourself, including your medical history.
• Have an iPhone running a supported version of iOS.

Momentary may currently provide care only to California residents. We expect to expand to additional states; eligibility will be updated as we do.

4. Not for emergencies

5. The service

Momentary provides asynchronous and synchronous virtual primary care, including chat with your care team, clinical assessments, prescriptions where appropriate, lab orders, specialist referrals, and personalized health guidance.

The Medical Group’s licensed physicians review and sign off on clinical decisions, including prescriptions, lab orders, and referrals. AI tools may be used to draft information, surface relevant history, and route your messages, but a human clinician is responsible for any decision that affects your care.

Momentary does not replace your existing primary care provider, specialists, or in-person care. Some conditions require an in-person examination, diagnostic testing, or specialist evaluation that Momentary cannot provide. The Medical Group will tell you when in-person care is needed.

6. Use of artificial intelligence

Momentary uses generative artificial intelligence to assist your care team. AI may be used to draft messages, summarize your medical history, surface possible differentials for clinician review, and help with administrative tasks. In keeping with California law, you should know:

• Communications you receive in the App that contain clinical information generated by AI are clearly disclosed as AI-generated. You can request that a human clinician respond instead at any time.
• AI is not a licensed healthcare professional and does not practice medicine. No AI tool used by Momentary is licensed, certified, or authorized to provide healthcare in California or elsewhere.
• A California-licensed physician makes the final decision on diagnosis, treatment, prescriptions, and referrals.
• You can reach a human clinician through the App at any time by replying in chat and asking to speak with a clinician, or by emailing support@momentarylab.com.

These disclosures are provided in compliance with California Health and Safety Code § 1339.75 (AB 3030), Business and Professions Code § 2272 (AB 489), and Business and Professions Code § 2290.5 (SB 1120).

7. Informed consent to telehealth

By using Momentary, you provide informed consent to receive healthcare services via telehealth in accordance with California Business and Professions Code § 2290.5. You understand that:

• Telehealth involves the use of electronic communications to enable healthcare providers to share your medical information for the purpose of diagnosis, consultation, treatment, and follow-up.
• Telehealth has potential benefits, including improved access to care and convenience, and potential risks, including, in rare cases, technical failures, limits on what can be evaluated remotely, and information security risks.
• You have the right to withhold or withdraw consent to telehealth at any time without affecting your right to future care.
• The laws that protect the confidentiality of your medical information also apply to telehealth.
• You may request an in-person referral if telehealth is not appropriate for your condition.

You may withdraw your consent at any time by emailing support@momentarylab.com. Withdrawal of consent ends the clinical relationship but does not affect care already provided.

8. Your account and the information you provide

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us immediately at support@momentarylab.com if you suspect unauthorized access.

The quality of your care depends on the accuracy of the information you provide. You agree to provide truthful, accurate, and complete information about your identity, location, medical history, current medications, allergies, and symptoms. Inaccurate or incomplete information may affect the safety and effectiveness of your care, and the Medical Group may decline to provide care if information is missing or appears unreliable.

9. Prescriptions, labs, and referrals

Whether to prescribe a medication, order a lab, or make a specialist referral is at the sole clinical discretion of the Medical Group’s licensed clinicians. There is no guarantee that any particular prescription, lab order, or referral will be issued. The clinician’s decision is based on your medical history, current presentation, and applicable standards of care.

Controlled substances. Momentary does not prescribe Schedule II controlled substances and generally does not initiate prescriptions for other controlled substances. Specific limitations apply to medications such as opioids, benzodiazepines, stimulants for ADHD, and medications for weight loss; the Medical Group will tell you when a medication is outside the scope of Momentary’s telehealth practice.

Pharmacies, clinical laboratories, imaging centers, and specialists are independent third parties. Momentary coordinates with them but is not responsible for their services, fees, or availability. Costs charged by these third parties are not included in your Momentary membership.

10. Membership, billing, and cancellation

Momentary is a paid membership. The membership fee is $19.99 per month, billed in advance, plus any applicable taxes. Membership is billed by Stripe, our third-party payment processor; Momentary does not store your full payment card details. Membership is purchased outside the Apple App Store and is not an in-app purchase.

Free trial. Eligible new members receive a 7-day free trial. We collect your payment method when you start the trial. If you do not cancel before the end of the trial, your card will be charged $19.99 and your membership will begin automatically. The free trial is limited to one per person.

Auto-renewal. Your membership automatically renews each month at the then-current price until you cancel. You authorize Stripe to charge your payment method on each renewal date. We will give you advance notice of any price change.

How to cancel. You can cancel at any time from the Membership screen in the App or by emailing support@momentarylab.com. Cancellations take effect at the end of the current billing period; you keep access until then. Cancelling a free trial before it ends prevents the first charge.

Refunds. Membership fees are generally non-refundable, including for partial months and for periods you did not use. We may issue refunds at our sole discretion or where required by law.

11. Your health information

The Medical Group is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). Momentary Labs acts as a business associate of the Medical Group and processes protected health information only to support the Medical Group’s clinical operations.

How we collect, use, and protect your information is described in our Privacy Policy, which is incorporated into these Terms.

12. Acceptable use

You agree not to:

• Use the App for anyone other than yourself, or share your account.
• Misrepresent your identity, location, age, or medical history.
• Attempt to obtain prescriptions through deception, including drug-seeking behavior.
• Reverse-engineer, scrape, decompile, or interfere with the App or our systems.
• Upload content that is unlawful, infringing, harassing, or that contains malware.
• Use the App to harass, abuse, or threaten any clinician or member of our staff.

We may suspend or terminate your account, and the Medical Group may end the clinical relationship, for any violation of this section.

13. Intellectual property

The App, including its software, design, content, and trademarks, is owned by Momentary Labs and its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You retain ownership of your medical records and other information you submit. You grant Momentary Labs and the Medical Group a license to use that information solely to provide care, operate the App, and improve our services consistent with our Privacy Policy.

14. Third-party services

The App relies on third parties, including Apple (App Store, HealthKit), Stripe (payments), pharmacies, laboratories, imaging providers, specialists, and our cloud and AI infrastructure providers. Your use of those services is subject to their own terms, and we are not responsible for their acts or omissions.

15. Disclaimers

Please read this section carefully.

The App and any non-clinical content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Momentary Labs disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

AI-generated content may contain errors, omissions, or inaccuracies and should not be relied on without review by a licensed clinician. Information in the App that has not been reviewed by a clinician is for general informational purposes only and is not medical advice.

Nothing in this section limits the Medical Group’s professional duties to its patients under California law, and nothing limits liability that cannot be limited under applicable law.

16. Limitation of liability

To the fullest extent permitted by law, neither Momentary Labs nor its directors, officers, employees, agents, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or relating to the App or these Terms, even if we have been advised of the possibility of such damages.

Our aggregate liability for all claims relating to the App or these Terms will not exceed the greater of (a) the amount you paid Momentary Labs in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

These limitations do not apply to liability that cannot be limited under applicable law (such as gross negligence or willful misconduct), and they do not apply to the clinical care provided by the Medical Group, which is governed by applicable standards of care and California law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Momentary Labs, the Medical Group, and their respective directors, officers, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) information you provide that is inaccurate or misleading, (ii) your violation of these Terms or applicable law, or (iii) your misuse of the App.

18. Dispute resolution and arbitration

Please read this section carefully — it affects your legal rights.

Informal resolution. Before filing any claim, you agree to first contact us at legal@momentarylab.com with a description of your claim and the relief you are seeking, and to give us at least 60 days to resolve the matter informally.

Binding arbitration. Except for the matters listed below, any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures, then in effect. Arbitration will take place in San Francisco, California, or remotely at your election. The arbitrator’s decision will be final and may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Class action waiver. You and Momentary Labs each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative proceeding. If a court decides this class waiver is unenforceable for a particular claim, that claim must proceed in court rather than in arbitration, but all other claims remain in arbitration.

Carve-outs. The following are not subject to arbitration: (a) claims that may be heard in small-claims court if they qualify; (b) claims for injunctive or equitable relief related to intellectual property; and (c) claims for medical malpractice or other claims arising from the clinical care provided by the Medical Group, which are governed by California law and any separate written agreement between you and the Medical Group, including any applicable arbitration agreement under California Code of Civil Procedure § 1295.

Opt-out. You may opt out of this arbitration agreement and class waiver by emailing legal@momentarylab.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your full name and email associated with your account. Opting out does not affect any other part of these Terms.

19. Termination

You may stop using the App and cancel your membership at any time. We may suspend or terminate your access to the App, with or without notice, if you violate these Terms, if continued service is not feasible, or if required by law. The Medical Group may end the clinical relationship in accordance with applicable medical ethics rules, including providing reasonable notice and information about continuity of care.

On termination, sections that by their nature should survive (including sections 11, 13, 15, 16, 17, 18, and 21) will continue to apply. Your medical records will be retained as required by California law and applicable medical record retention standards.

20. Changes to these terms

We may update these Terms from time to time. If a change is material, we will give you notice by email or in-app message before it takes effect. Your continued use of the App after the effective date of an update means you accept the updated Terms. The “Effective Date” at the top of this page indicates when these Terms were last revised.

21. General

• Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 18, the state and federal courts located in San Francisco County, California will have exclusive jurisdiction over any matter not subject to arbitration.
• Entire agreement. These Terms, together with the Privacy Policy and any clinical consent forms, are the entire agreement between you and Momentary regarding the App.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets.

22. Contact

Questions about these Terms? Get in touch:

Momentary Labs Inc.
505 Montgomery Street
San Francisco, CA 94111
support@momentarylab.com · legal@momentarylab.com