This document (hereinafter referred to as the “User Agreement”) govern the contractual relationship between you and Paul-André Panserrieu Softwareentwicklung (“42loops studio”). This agreement stipulates the rules for using 42loops studio's online Services.
Our Data Processing Agreement, in accordance with the European General Data Protection Regulation (GDPR), is incorporated into these Terms of Service.
lastest update: November 24, 2023
1.1. By visiting the Websites, using our Services, clicking the "I agree" checkbox when registering an account on momo.coach or any Services provided by 42loops studio, you consent to comply with the conditions and stipulations of this User Agreement.
1.2. By agreeing to our terms of Service, you are automatically accepting our Data Processing Agreement and do not need to sign a separate document.
2.1. 42loops studio has the right to revise and modify the User Agreement as it deems fit without prior notification.
2.2. Any new features or tools added to the existing Service will be governed by this User Agreement. Your continued usage of the Service after any such amendments signifies your acceptance of these changes.
2.3. You are encouraged to periodically review the User Agreement at https://momo.coach/terms. 42loops studio reserves the right to modify the User Agreement and communicate these changes on the Service website.
3.1. The momo.coach offer is aimed exclusively at companies and freelancers.
3.2. The technical requirements for using the Service must be met by the user themselves and at their own expense.
3.3. Any violation of the below-listed terms may lead to the termination of your account. You agree to use the Service at your own risk:
4.1. You are required to read, agree with, and accept all the terms and conditions outlined in this User Agreement before becoming a member of the Service.
4.2. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
4.3. We reserve the right to refuse Service to anyone for any reason at any time.
4.4. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
4.5. 42loops studio does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
4.6. 42loops studio does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable
4.7. Technical support is only provided to paying account holders and is only available via email.
4.8. You understand that 42loops studio uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4.9. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
4.10. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4.11. You retain ownership over all content that you upload to the Service.
4.12. 42loops studio 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.
4.13. 42loops studio is fully liable for intent and gross negligence. In the case of minor negligence caused by 42loops studio or its legal representatives or vicarious agents in the context of this contract, which results in the violation of essential contractual obligations, the provider's liability to the user is limited to the equivalent of a paid annual fee of the booked subscription. In total, the liability is limited to a maximum of 120 Euros (in words: one hundred twenty Euros) per case of liability. Otherwise, liability is excluded.
4.14. You expressly understand and agree that in no event shall 42loops studio and affiliates 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 42loops studio 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.
4.15. The failure of 42loops studio 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 42loops studio and govern your use of the Service, superceding any prior agreements between you and 42loops studio (including, but not limited to, any prior versions of the Terms of Service).
4.16. 42loops studio reserves the right to assign this User Agreement or any part thereof without restrictions.
4.17. Questions about the Terms of Service should be sent to support email email@example.com.
4.18. Invoicing is done exclusively by electronic means.
5.1. 42loops studio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
5.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service site ( momo.coach ) or the Service itself.
5.3. 42loops studio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6.1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account.
6.2. Canceling your Service will result in the immediate and irrevocable deletion of your Content.
6.3. Verbal, physical, written or other abuse (including threats of abuse) of any 42loops studio customer, employee, member, or officer will result in immediate account termination.
6.4. You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the cancel subscription button in the user's subscription screen. An email or phone request to cancel your account is not considered cancellation.
6.5. Your cancellation will take effect immediately and you will not be charged again. However, no refunds will be issued for any previous charges, in whole or in part.
6.6. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
6.7. We reserve the right to modify or terminate your Service for any reason, without notice at any time.
7.1. This User Agreement constitutes all the terms and conditions agreed upon between you and 42loops studio and supercedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to 42loops studio are void. You agree and accept that you have not accepted the terms and conditions of this User Agreement in reliance of or to any oral or written representations made by 42loops studio not contained in this User Agreement.
8.1. The exclusive law applicable is that of the Federal Republic of Germany. The exclusive place of jurisdiction is Berlin in the Federal Republic of Germany.
Paul-André Panserrieu Softwareentwicklung