These Terms of Service ("Terms") govern your access to and use of the products and services offered by Measured Data LLC, a Texas limited liability company ("Measured Data," "we," "us," or "our"), including Moments, a personal operations dashboard available at app.trackmoments.com, and practikalMuscle, a workout tracker (together, the "Services"). By creating an account or otherwise using any Service, you agree to these Terms. If you do not agree, do not use the Services.
1. Acceptance of Terms
By accessing or using any Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. We may update these Terms from time to time as described in Section 12 below.
2. Eligibility
You must be at least 16 years old to use the Services. By using Moments or practikalMuscle, you represent that you meet this age requirement and that you have the legal capacity to enter into these Terms. The Services are not directed to children under 16, and we do not knowingly permit anyone under 16 to create an account. If we learn that we have collected information from someone under 16, we will delete it.
3. Subscriptions & Billing
Some features of the Services are offered on a paid subscription basis. Subscription payments are processed by our payment processor, Stripe — we do not store your full card number.
- Paid plans automatically renew each billing period (monthly or annual, depending on the plan you select) until you cancel.
- Moments offers a free trial of approximately one month, and practikalMuscle offers a free 30-day trial. If you have selected a paid plan, your payment method will be charged at the end of the trial unless you cancel before it ends.
- We may change prices or plan features from time to time. We will provide reasonable advance notice before any price increase or material reduction in features takes effect for you.
- You may cancel a subscription at any time from your in-app account settings or by emailing support@measured-data.com. Cancellation stops future charges, and you retain access through the end of your current billing period.
- For details on eligibility for refunds, see our Refund Policy.
- The Services, and the features included in any given plan, may change over time — including features that are still in active development, such as practikalMuscle prior to its full public launch.
4. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information when creating your account and to notify us promptly at support@measured-data.com if you suspect unauthorized use of your account.
5. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law or regulation;
- Upload, store, or transmit content that is unlawful, infringing, defamatory, or that violates the privacy or intellectual property rights of others;
- Store personal data about third parties (for example, in Moments' personal CRM / "People" feature) without a lawful basis for doing so, or in a manner that violates the rights of those individuals;
- Attempt to gain unauthorized access to the Services, other users' accounts or data, or the infrastructure underlying the Services;
- Reverse engineer, decompile, or attempt to extract the source code of the Services, except as permitted by law;
- Use automated means (scraping, bots, etc.) to access the Services outside of the interfaces we provide;
- Interfere with or disrupt the integrity or performance of the Services, including through excessive automated requests;
- Use the Services to build a competing product or to train a competing AI model.
We may suspend or terminate your access for violation of this section.
6. Your Content and Data
You own your content. As between you and Measured Data, you retain all ownership rights in the tasks, projects, notes, journal entries, contacts, voice recordings and transcripts, workout logs, routines, and any other data you create or store in the Services ("Your Content").
You grant Measured Data a limited, worldwide, non-exclusive license to host, store, reproduce, process, and transmit Your Content solely as necessary to operate, maintain, and provide the Services to you — for example, to transcribe voice notes, parse them into structured items, generate AI routine remixes, sync calendar events, process payments, send you notifications, and back up your data. This license ends when Your Content is deleted from the Services, subject to routine backup retention as described in our Privacy Policy.
We do not sell Your Content, and we do not use Your Content to train our own AI models. See Section 7 for how third-party AI providers process Your Content.
You are solely responsible for Your Content, including any data about other individuals (such as contacts stored in Moments' personal CRM feature) that you choose to store. You represent that you have the right to store and process such data and that doing so complies with applicable law.
7. AI-Generated Output; No Warranty of Accuracy
Moments uses third-party AI services to transcribe your voice (via OpenAI's Whisper) and to parse transcripts into structured items such as tasks, notes, and calendar entries (via Anthropic's Claude). practikalMuscle uses Anthropic's Claude to generate optional AI "remixes" of your workout routines. AI output is not perfect. Transcripts may misinterpret what you said, parsed items (task titles, dates, priorities, categorizations, etc.) may be incorrect or misplaced, and AI-suggested routines or remixes may be unsuitable for your fitness level, goals, or physical condition.
You are responsible for reviewing and verifying any AI-generated output before relying on it — especially before following an exercise routine, and especially for time-sensitive, financial, medical, legal, or otherwise important matters. The Services are productivity and fitness aids, not a substitute for your own judgment, professional medical or fitness advice, or careful record-keeping for critical information.
8. Third-Party Services
The Services integrate with and rely on third-party providers to function, including Stripe (payment processing), Supabase (hosting, database, authentication), OpenAI (voice transcription), Anthropic (AI parsing and routine remixes), Google (Calendar sync), Microsoft (Microsoft 365 / Outlook Calendar sync, read-only), and Resend (transactional email). Your use of these integrations is also subject to the applicable third party's own terms of service and privacy policy. We are not responsible for the acts, omissions, downtime, or policies of these third-party providers.
You may disconnect any optional third-party integration (for example, revoking Google or Microsoft calendar access) at any time through your account settings or the applicable third party's own account controls.
9. Termination
You may stop using the Services and request deletion of your account at any time by contacting support@measured-data.com. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms or non-use.
Upon termination, your right to use the Services ends immediately, subject to any billing terms in Section 3. Sections 6 (as to license survival for backups), 7, 10, 11, 12, and 13 survive termination.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME FEATURES ARE STILL IN ACTIVE DEVELOPMENT (INCLUDING PRACTIKALMUSCLE PRIOR TO ITS FULL PUBLIC LAUNCH), AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA WILL NOT BE LOST OR CORRUPTED. YOU USE THE SERVICES AT YOUR OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEASURED DATA LLC AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APPLICABLE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Changes to These Terms
We may modify these Terms from time to time, including as we add features, introduce new products, or adjust plans and pricing. If we make material changes, we will provide reasonable notice (for example, by email or in-app notice) before the changes take effect. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
13. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Texas.
14. Contact
Questions about these Terms can be sent to support@measured-data.com.