This SoonBody Terms of service agreement (the “Agreement“) governs the contractual relationship between Moonway LLC as a service provider and any natural person as a service user.
1.1 Moonway LLC is a legal entity, incorporated under the laws of the State of Delaware, USA, legal entity file No. 6719444, address 8 The Green, Suite B, Dover, DE 19901, USA (the “Company” / “us” / “we”). The Company is the authorized seller and Merchant of Record for the Services. The System is powered by a proprietary platform owned and technically managed by our affiliated technical operator (the "Platform Owner").
1.2 Any person using Company’s services / systems as indicated in this Agreement is considered to be a client of the Company under this Agreement (the “Client” / “You”).
1.2.1 The Company offers services only for natural persons of legal age.
1.2.2 You, as a natural person, as well as a user of the Company‘s services, shall be responsible for making sure You are applicable to use the Company‘s services.
1.3 The Company provides a comprehensive digital wellness platform, SoonBody, designed to deliver personalized weight management and lifestyle improvement programs. Our Services utilize data-driven insights to transform user preferences and lifestyle information into actionable wellness plans, which include individualized weight-loss and fitness guidance, structured meal plans, behavioral coaching, and digital progress-tracking tools. The Services are accessible via our Progressive Web App (PWA), our official website at https://green-diet-soonbody.com (the “Website”), and our dedicated mobile applications on the Google Play Store and Apple App Store (if applicable). Together, these platforms and any associated online ecosystems used by the Company to deliver the programs shall be referred to as the “System.”
1.3.1 A full list of the Services is indicated on the System. The Services consist of digital content and wellness programs that are not supplied on a tangible medium.
1.3.2. The exact functionalities, tools, and program features are visible within the System..
1.3.3 Content provided or generated while using the Services, such as personalized fitness plans, meal recommendations, and habit-tracking data, may be referred to as “Generated Content” or simply as “Content.”
1.3.3.1 To access your personalized Generated Content and wellness plan, You must provide Your email address. This email address will be used by the Company to communicate with You regarding Your orders, program updates, and use of the Services or System.
1.3.3.2 The Generated Content is provided solely for informational and wellness purposes and does not constitute medical or professional healthcare advice. It is intended to enhance the user experience by enabling the Company to deliver personalized lifestyle recommendations and habit-building tools.
1.3.3.3 The Company shall not be held liable for any loss, injury, or consequences arising from the use or interpretation of the Generated Content. The Client acknowledges that the programs are intended for general wellness purposes only, and that results may vary depending on individual health status, adherence to the plan, and the accuracy of the input data provided during onboarding (if required).
1.3.3.4 The Generated Content and personalized program will become accessible to You once you choose the option to claim it (by clicking “Claim my plan” or a similar option on the System) and payment for the chosen subscription plan is completed. Payments may be processed via the Website or through the respective in-app purchase systems of the Apple App Store or Google Play Store (if applicable). To upgrade or change a current plan, Clients should use the settings within the System or contact us via the “Contact Us” form or by writing us an email to [email protected].
1.3.3.5 The price applicable to You as the Client is shown on the System and includes the following information: a) regular price; b) price with a discount applicable during the discount period (if any); c) general information about the subscription model applicable to Your order. The Company shall have a right to provide additional information and change its placement.
1.3.3.6 You must read all disclaimers and information provided regarding the price, payment method and subscription model, including the Subscription and Refund Policy also, consider the proposed price before making the order and paying for the Services.
1.3.3.7 By making the payment for the Services You conclude this Agreement.
1.3.4 Once You pay for the selected subscription plan, You will be enabled to use the Services via the PWA, Website, or Mobile App (if supported) after completing the Account creation procedure.(Clause 2 of this Agreement).
1.3.5 The sequence of steps to access the System may vary based on your entry point (e.g., direct search, promotional link, or App Store). However, in all cases, You will be required to provide Your email address and confirm Your order via payment.
1.3.6 The Company reserves the right to modify the list of Services or program features from time to time without prior notification to the Client.
1.3.7 The Client shall be entitled to use the particular part of the Services for which the Client has paid in full, only for the paid period.
1.3.8 SoonBody’s Services and System are available globally, subject to potential regional regulatory restrictions. The Client is responsible for ensuring that accessing the System and using the Services is legal within their specific location.
1.4 By completing the payment as indicated in Clause 1.3.3.4 and accessing the Services in any capacity, You agree to be bound by this Agreement and all other rules governing the Services and the System. For the avoidance of doubt, by using the Services or the System, whether via the Website, PWA, or Mobile App, You acknowledge that You have read this Agreement, understand its terms, and have entered into a legally binding agreement between You, as a user, and the Company, as the service provider.
1.5 This Agreement takes effect in its full scope at the moment You click “Claim my plan” (or a similar option provided within the System to claim your personalized program) and complete the payment for the selected subscription plan. The rules of this Agreement apply mutatis mutandis to the purchase of any separate one-time services or products. Furthermore, these terms, including but not limited to the Privacy Policy, Subscription and Refund Policy, and Acceptable Use Policy, apply to any use of the System prior to payment, such as during the onboarding questionnaire or account creation process on the Website or mobile applications (if supported).
1.6 Withdrawal.
1.6.1 By entering into this Agreement, You expressly agree to waive Your right of withdrawal, as the Services (and any products purchased) consist of digital content that is not supplied on a tangible medium. By purchasing digital products, the Client provides prior consent and acknowledges that the Company will begin the immediate performance of the Agreement. The Client further acknowledges that they will lose the right of withdrawal. Therefore, refunds will not be provided unless there’s a fault with the digital content and provision of the Services from the Company side.
1.7 You may contact the Company by completing the inquiry form in the 'Contact us' section of the Website or by emailing [email protected]. Please note that inquiries submitted via the website form are prioritized and will receive a faster response.
1.8 The Company reserves the right to unilaterally modify and/or update the Agreement at any time without prior notice. Your continued use of the Services, whether via the Website, PWA, or Mobile App, shall be deemed as acceptance of the Agreement in its most recent version. It is the Client's responsibility to periodically review and assess the Agreement. You will be notified of significant changes via email or through a notification within the System (including PWA and App notifications). The latest version of the Agreement will always be accessible at the Terms of Service link provided within the System.
1.9 By agreeing to this Agreement, You acknowledge and agree that the Company may process Your personal data without Your consent where processing is necessary for the performance of the Agreement to which You are a party.
1.10 If You disagree to be bound by the terms and conditions of this Agreement in any scope or way, You must not use or must immediately cease Your use of the System / Services or any part of it, as well as its features and functionalities.
2.1 To access your personalized wellness programs and the Services, You must follow the instructions provided by the Company and register with the System by completing the registry form and providing all necessary information and confirmations. Instructions on how to install the PWA, download the Mobile App (if supported), and create your Account will be provided within the System immediately following your payment, as well as via email alongside your order confirmation. Once all steps are fulfilled, You will be granted access to your personal user account (the “Account”). .
2.2 o use the Services, You may download the SoonBody application from the Apple App Store or Google Play Store (if supported), save the PWA to Your device home screen as directed in the instructions, or access the System directly using a standard internet browser
2.3 Upon using the System, the Client shall allow cookie use by customizing the preferences or by allowing all cookies. The Client must read the terms and conditions applicable to cookies used by the Company for the provision of the Services and proper usage of the System. The latest version of Privacy Policy, containing cookies’ policy, is available at Privacy Policy.
2.4 Upon filling the registration form, the Client must provide:
2.4.1 Name (if required)
2.4.2 Unique password, created by the Client.
2.4.3 A confirmation that the Client agrees to the Agreement and other applicable policies of the Company.
2.5 It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services / System (if any).
2.6 The Client might be asked to perform a test to tell computers and humans apart and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing logging-in procedure or when confirming order / payment / withdrawal or at any other stage at the discretion of the Company.
2.7 The Company shall be entitled to change the list of required information by modifying, adding, or reducing the list of data needed for the creation of an Account.
2.8 The Client must provide its payment details to conclude the order for Services.
2.9 The Company shall be entitled to ask You to re-submit or renew any of the data needed for the creation of the Account / ordering the Services. Such requests can be made at any time periodically or on an ad-hoc basis, upon the Company’s decision.
2.10 By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner / has legitimate ground for the usage of resources indicated. For the avoidance of doubt, the Client confirms using its own email address, using its own bank account to pay for the Services, and using its own device for the PWA, etc.
2.11 Accounts can be created only for personal use. The Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for own use and cannot be used to use Services behalf of another individual or entity.
2.12 The Client shall ensure that all Account details and payment information are kept current at all times. The Client may amend their personal data, fitness goals, and billing information at any time via the PWA, the Mobile App, or the Website settings (as applicable).
3.1 In instances where the Account holder does not match the owner of the Account, or if there are any other discrepancies between the provided information, the Company might not be able to proceed with the provision of the Services. The Company reserves the right to suspend any provision of the Services (in part or in full) and / or to remove access to the Account at any time upon the decision of the Company.
3.2 In addition to the Clause 3.1., the access to the Account may be denied / removed and the Service provision may be suspended at the discretion of the Company if:
3.2.1 The Client breached material obligations under this Agreement (for example, an obligation to pay in full and in time for the Services ordered), violated its warranties.
3.2.2 The Client is not of a legal age.
3.2.3 The Client is using Services / reaching the System from the restricted location.
3.2.4 The Client violates Acceptable Use Policy rules. 3.2.5 The Client’s actions in any way pose security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the System, proper provision of the Services to any other person.
3.2.6 The Client’s actions are in any way a breach of any applicable law or regulation, including generally accepted rules of good morals.
3.3 In case the Client’s right to access the System or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension.
3.4 In case the Client is given an opportunity to eliminate the violation, the Company shall give an appropriate time period for the Client to do so. The decision whether to set a time period and if so, for what duration, is at the sole discretion of the Company.
3.5 In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the company shall have the right to address competent law enforcement authorities and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company.
4.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials solely in connection with Your use of the System and Services. You might need to order and pay for a certain Service / Service package to use the System and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered / paid for by the Client.
4.2 The System is intended for personal and Your own legitimate use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws.
4.3 The Company materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the System or Services or at the termination of this Agreement.
4.4 The Company shall have a right to cease supporting the System or its part or any functionality of the System at any time for any period of time. In such event Client’s license to use the System shall be automatically suspended.
4.5 Unless otherwise stated, the Company owns the intellectual property rights in the System and material on the System. The Client acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were prepared by the Company and / or developed by the Company in connection with the System are the sole and exclusive property of the Company.
4.6 The Client obliges not to violate any intellectual property rights owned or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. This includes the copyrighted and protected merchandise, resources and Company’s logo and trademarks. The Client shall not:
4.6.1 Republish material from the System unless it is separately allowed by the Company in writing
4.6.2 Sell, rent or sub-license material from the System unless it is separately allowed by the Company in writing.
4.6.3 Show any material from the System in public.
4.6.4 Reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose.
4.6.5 Redistribute material from the System.
4.6.6 Edit or otherwise modify any material on the System.
4.6.7 Use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System.
4.6.8 The Agreement, including terms and conditions regarding the license, applies to all versions of the System, as well as any separate functionality and/or its derivatives.
4.6.9. All rights not expressly granted to You in this Agreement are reserved by the Company.
5.1 As a Client, You acknowledge understanding and accepting the following risks associated with the use of System and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:
5.1.1 Risk related to the nature of the Services and content type:
5.1.1.1The Services consist of generating personalized wellness, nutrition, and fitness programs based on information voluntarily provided by the Client. All Content produced through the System is created for informational and wellness purposes only. The Client acknowledges that the Generated Content (including meal plans and workout routines) may vary in suitability and results depending on the accuracy of the information provided during onboarding. The Services are not intended to guarantee specific weight-loss results or physical outcomes.
5.1.1.2 The materials and guidance made available through the System may incorporate elements derived from various sources, including nutritional databases, fitness research, and third-party health resources. As individual metabolic rates and physical conditions vary, the Company does not guarantee that the Content will be perfectly accurate or effective for every specific user.
5.1.1.3 The Generated Content within the System may vary in intensity, dietary composition, and structure due to the nature of the algorithms used to process user information. Clients are encouraged to approach the programs with a critical perspective and to listen to their bodies, recognizing that different physical inputs or lifestyle changes will produce different outcomes.
5.1.1.4 The Client should be aware that following any new fitness or nutritional program carries inherent physical risks. If any part of the Generated Content, such as a specific exercise or dietary recommendation, causes physical pain, discomfort, or distress, the Client is advised to discontinue use of the Services immediately and consult a medical professional.
5.1.1.5 By using the Services, the Client agrees to bear full responsibility for their physical health and any use of the Generated Content. The Client acknowledges that they provide personal health and lifestyle data voluntarily and assumes all responsibility for its accuracy. The Company is not responsible for the Client’s physical execution of the programs and expressly disclaims any liability for injuries, health complications, or damages resulting from the Generated Content or the implementation of the wellness plans.
5.1.1.6 The Client represents and warrants that they are in good physical health and have no medical condition, impairment, or disability that would prevent them from safely following the personalized fitness or nutritional programs provided by the System.
5.1.1.7 The Company shall not be held liable for any injury, aggravation of a pre-existing condition, or adverse health effect resulting from the Client’s failure to consult a medical professional or for providing inaccurate health information during the onboarding questionnaire. The Client acknowledges that the System cannot detect or diagnose underlying health issues and that the use of the Services is at the Client's own risk. Furthermore, the Client understands and agrees that the Generated Content is provided primarily for informational and entertainment purposes, intended to offer general lifestyle inspiration and wellness guidance rather than a medical or clinical prescription.
5.1.2 Risk of software or other IT weaknesses: there is no guarantee or warranty that the process of using System and / or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs.
5.1.3 Regulatory risk: it is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the System, as well as usage of the System and / or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the System / Services is in compliance with the applicable law.
5.1.4 Risk of theft and Internet vulnerability: the underlying software application and software platform, other software involved, other technology components and / or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use System and / or Services.
5.2 You should be aware that messaging and email services are susceptible to spoofing and phishing attacks and should be cautious when reviewing messages that claim to be from the Company. To ensure security, You should always log into Your Account directly via the Website, PWA, or Mobile App (if supported) on Your device, use the communication tools built into the System, or contact us via the “Contact us” section or by emailing [email protected] if You are unsure about the authenticity of any communication. Note that phishing attacks often occur through search engines, fraudulent advertisements, or deceptive links. The Company takes no responsibility for any loss of data, unauthorized account access, or financial loss resulting from spoofing, phishing, or other equivalent attacks.
6.1 Services may be available for a fee or for free (for example, on a free-trial basis for a limited period of time if applicable). The Company shall have a right unilaterally, on its own discretion, to determine the price of Services, the duration of the validity of the price, the applicable promotions and discounts, and other rules related to the payment of the Services.
6.2 The latest and up-to-date list of applicable prices for the Services is available on the System after the Client clicks on the option “Claim my plan” (or similar option that is available on the System to claim the program). If an existing Client wishes to upgrade or change the current plan, the Client shall contact us via “Contact us” section or by email [email protected] with a request to change the order (or order an upgrade during the same session when the program is initially claimed). The Client may be asked to conclude a new order and may be reimbursed for a previous order’s unused but paid off Service part.
6.3 All prices and fees are in US Dollars or EUR unless otherwise indicated on the System.
6.4 The prices and the scopes of any Services can be changed by the Company without any prior notice. The Client shall always check the System for applicable prices and features for every Service before making an order. The price of a Service that has already been ordered and is ongoing may only be changed with the Client’s consent, provided such consent was given as part of the initial subscription.
6.5 If You are using Services on a free-trial basis, after the expiry of such trial, Your right to use the Services may be suspended until You make a payment for further provision of the Service or You may be charged a regular price that was indicated to You before accepting free-trial promotional offer.
6.6 Most of our Services are offered on a subscription basis (recurring payments). By subscribing to the Services, the Client agrees to pay the fees associated with the selected subscription plan. Charges will be applied periodically as indicated by the chosen plan. You are responsible for ensuring that payment information is accurate and up to date and Your right to use the Services will be renewed for the paid period unless You cancel the subscription beforehand as per the rules indicated in the Subscription and Refund Policy
6.6.1 You must read the Subscription and Refund Policy in full before making the decision to order Services.
6.6.2 Subscription price is the price You chose from provided subscription plan options while completing the order and it might be composed of discount price (applicable for a limited time period, referred to as the “Initial Phase” in the Subscription and Refund Policy) and regular price (applicable for the period after the discount price is no longer applicable, referred to as the “Regular Phase” in the Subscription and Refund Policy).
6.6.3 If not canceled, subscription price for the Services will be charged for every further period.
6.6.4 In all cases, the Client must express the will to order the Service with subscription payment method and shall have a right to revoke such option under the rules applicable for a respective order.
6.6.5 The Client must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the subscription payment option.
6.6.5.1 In case the Company is not able to charge the fee until the start of a next Service provision period, Client’s access to the Services shall be removed immediately. In such a case, to reinstate access to Services the Client may resolve the issue so the charge can be done within 2 months for the Service provision; after the 2 month period the Client must make a new order to gain access to the Services.
6.6.5.2 Failure to pay (in full or in any part) for the ordered Services is considered to be a material breach of the Agreement and results in a termination of the Agreement. The Agreement shall be terminated by the Company in case the payment is not concluded in 2 months from the day it initially had to be made.
6.6.5.3 In the event of a payment failure due to reasons on the Client's side (such as an expired credit card or insufficient balance), the Company may attempt to automatically reprocess the payment (but not more than 6 times in a 2 month period). By using the Services, You acknowledge and agree to the Company's right to initiate such automated retries to ensure uninterrupted service.
6.7 Certain Services or content may be offered for a one-time payment. Such payments must be completed by following the instructions provided during the order process and in the service confirmation. To the extent not otherwise specified in the service offer or order confirmation, the terms and conditions applicable to the subscription model shall apply mutatis mutandis to one-time payments.
6.8 The actual applicable fee calculation and payment method, period of the provision of Services, and the fee charging frequency is indicated in the System and confirmed by the Client when confirming an order.
6.9 Any fees already paid are non-cancelable and non-refundable, except for Services that meet the conditions set forth in the Clause 4 of the Subscription and Refund Policy
6.10 Fees for the Services are indicated net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.
6.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has a right to use for the purposes as indicated in this Agreement. The Client shall update its payment information to always keep it up-to-date.
6.12 The Company may, if necessary, additionally engage a third-party service provider (Omniroot LLC, a limited liability company organized under the laws of the State of Georgia, USA (control number 25113064), with its address 8735 DUNWOODY PLACE #7313, ATLANTA, GA, 30350, USA) who support the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds, excluding any sales and transactions conducted via PayPal or its affiliates - such transactions shall be processed directly by, the Company. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact Us at [email protected]
6.13 All monetary transfers conducted by You for the Services are handled and transacted through third-party dedicated gateways to ensure the Client’s protection.
6.13.1 Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.
6.13.2 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client’s credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information (like card information) will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services.
6.13.3 The Company may change the third-party payment service provider from time to time.
6.14 Any claims regarding the applied Services’ fee or amounts charged must be submitted in writing no later than 30 days after the date of application of the fee or the charging of the amount.
7.1 The Company, at its sole discretion, may use or grant access to third parties for the purpose of providing various services, including but not limited to payment processing, user registration, and the operation or enhancement of digital products. This may also include third parties that develop or provide AI-based tools or technologies used to generate, process, or enhance content. The Client acknowledges, accepts, and understands that, in order to ensure the proper functioning of the System and the provision of the Services, the Client’s data may be shared with such third-party service providers.
7.2 The use of third-party services are subject to the third-party’s terms of service. The Client acknowledges and understands that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party’s services shall be resolved directly between the Client and the respective third-party.
7.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.
7.4 Information on the System, as well as any content on Company’s social media pages is not promised or guaranteed to be correct, current, or complete, and they may contain technical inaccuracies or typographical errors. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any Services if in any doubt.
8.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of any breach of Client’s representations and warranties in this Agreement or Client’s failure to comply with applicable laws, rules, or regulations, except to the extent such violation arises out of Company’s failure to comply with its own obligations hereunder. Furthermore, the Client understands and agrees that the Company is not liable or responsible for any outcomes of wellness programs or plans generated by the System’s automated tools, acknowledging that such outputs are produced through automated models based on onboarding information and may not always meet expectations, achieve specific physical results, or be compatible with every individual’s unique health requirements, and as such, outcomes that the Client deems unsatisfactory or that do not lead to desired weight-loss or fitness milestones, given the informational and entertainment nature of the Services, do not constitute a failure of service and shall not entitle the Client to a refund, compensation, or any form of claim against the Company.
8.2 The Client may from time to time provide suggestions (feedback) or own content (for example, during some lessons the Client may choose to provide a written answer or comment) to the Company. All suggestions / own content are and shall be given entirely voluntarily. The Client acknowledges and agrees that suggestions / own content, even if designated as confidential by the Client, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions / own content provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.For the avoidance of doubt, the Client agrees that the Company or any third party related to the development of Services and / or the System shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and / or System) any suggestions, enhancement you requests, recommendations or other feedback, as well as Your own content (like Your answers to the questions while using the Services, etc.) provided by You, relating to the operation of the Services / System. The Company urges You not to share information that is highly personal or that You wish to keep confidential, and to always evaluate it beforehand.
8.3 The System and the Services are provided “as is” and You use the System and / or Services on Your own risk. It is expressly acknowledged and agreed by You that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System / Services, and that any statements whatsoever made by the Company to the Client outside of this Agreement are not material and have not relied upon by the Client.
8.4 You, as a Client, shall be solely responsible for making sure You are able to use Services and access System, meaning You shall be responsible for any hardware, software or other technical requirement (for example, mobile data, internet connection) compatibility. If You are not able to access System and / or use Services due to lack of compatibility with Your technical gear (in a broad sense), You may seek advice by contacting the Company via the “Contact us” form or by sending an email to [email protected] In any case, the Company shall not be obligated to provide You with solution, advice or instructions in any sense in regard to the compatibility.
9.1 The Company may terminate or suspend Your Account / provision of Services as per the rules indicated in this Agreement. Without affecting the rules specified in other clauses of the Agreement, the Company stresses that breach of the Agreement / other applicable Company’s policies may result in suspension and / or deactivation of Your Account, as well as in the termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds / rewards.
9.2 You may terminate this Agreement by canceling Your order (for ongoing Services). The Agreement will be terminated on the last day the Services were paid for, and you will not be eligible for a refund for the already paid period.
9.3 In case of a material breach of the Agreement, the Company shall be entitled on its own discretion to inform the responsible law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and to impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address) may be blocked from using the System / Services.
9.4 If You wish to Terminate the Agreement, You can take the following steps:
9.4.1 Client who ordered the Services on the Company’s website may cancel the Services by logging into their Account on the Website or contacting the support team by email or option “Contact us” on the website.
9.4.2 Clients who ordered the Services through the Apple App Store or Google Play (if applicable for the specific product), as well as PayPal may cancel the Services through the respective mean they used to order the Services or may contact the support team by email or option “Contact us” on the website to ask for assistance in cancelling the Services.
9.5 Deleting the application (PWA) from Your device (if applicable) does not cancel the subscription or terminate the Agreement.
10.1 The laws of the State of Delaware, United States (excluding its conflicts of law principles), shall govern this Agreement and Your use of the Services. Your use of the System may also be subject to other local, state, national, or international laws.
10.2 IIf You have any concern or dispute about the Services or System, You agree to first try to resolve the dispute informally by contacting the Company at [email protected]. Most concerns can be resolved this way.
10.3 Any dispute that is not resolved through the informal process set forth in Section 10.2 shall be settled by binding arbitration in Wilmington, Delaware, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.10.4 Notwithstanding Section 10.3, the Company shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s intellectual property rights.
10.5 To the maximum extent permitted by law, You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding. More than one parties‘ claims shall be combined or consolidated only with the written consent of all affected parties.
10.6 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.
10.7 The System and the Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of System and Services may be included in the sanction list.
10.7.1 By using the System / Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions List”).
10.7.2 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services / System. Failure to do so can result in Your Account being suspended or terminated.
10.8 The Company shall have a right not to allow its Services to be accessible in certain jurisdictions / territories. The Company shall have a right to block such jurisdictions / territories making its System / Services not available from such locations.
10.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.
11.1 The Company and the Client consent to the English language in relation to the communication. Any other language shall be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of this Agreement is the prevailing version to any other possible version.
11.2 Any updates of this Agreement come in force at the moment it is published at the System as indicated in Clause 1. By using the Services You agree to be bound by any updated version of the Agreement.
11.3 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.
11.4 You are encouraged to contact us by the means indicated in this Agreement. Contacting us via the via “Contact us” section shall be considered to be the primary means of communication. You may also contact us via email [email protected]
11.5 The Company shall reply to Your inquiries within 30 days (with the possibility of two 30-day extensions).