Last Updated: 20-09-2024
1. Introduction and Acceptance of Terms
1.1. Welcome to Momentum Minds, operated under Lux-vps (Enkeltmandsvirksomhed), a sole proprietorship registered in Denmark ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Momentum Minds' website, coaching programs, digital courses, community platforms, and any future applications (collectively, the "Services").
1.2. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Services.
1.3. We reserve the right to update these Terms at any time without notice. Your continued use of our Services following any changes constitutes your acceptance of such changes.
2. Services Description
2.1. Momentum Minds offers the following services:
a) One-on-one coaching
b) Group coaching sessions
c) Digital courses
d) Community access
e) Content viewing application (future offering)
2.2. Service Availability: We strive to ensure our Services are available 24/7, but we cannot guarantee uninterrupted access. We reserve the right to suspend or terminate access to our Services for maintenance, updates, or any other reason at our discretion.
2.3. Service Modifications: We may modify, update, or discontinue any aspect of our Services at any time without prior notice.
3. User Eligibility and Account Creation
3.1. Age Requirement: You must be at least 15 years old to use our Services. If you are under 18, you must have parental consent to enter into this agreement and use our Services.
3.2. Account Creation: To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
3.3. Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.
3.4. One Account Per User: You may not create multiple accounts or transfer your account to anyone else without our prior written permission.
4. User Conduct and Responsibilities
4.1. Prohibited Activities: When using our Services, you agree not to:
a) Violate any applicable laws or regulations
b) Infringe upon the rights of others, including intellectual property rights
c) Harass, abuse, or harm another person
d) Impersonate or misrepresent your affiliation with any person or entity
e) Interfere with or disrupt the Services or servers or networks connected to the Services
f) Attempt to gain unauthorized access to any portion of the Services
g) Use the Services for any illegal or unauthorized purpose
4.2. Content Creation: Users may create content related to our Services only with our prior written consent. Any such content must comply with our content guidelines, which we will provide upon request.
4.3. Community Guidelines: When participating in our community platforms, you agree to adhere to our Community Guidelines, which will be provided separately.
5. Intellectual Property Rights
5.1. Ownership: All content provided through our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Momentum Minds or its content suppliers and is protected by Danish and international copyright laws.
5.2. Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.
5.3. Restrictions: Users may not download, distribute, modify, or use our content outside of our platforms without explicit written consent from Momentum Minds. This includes, but is not limited to:
a) Copying or reproducing any content
b) Modifying or creating derivative works
c) Redistributing or republishing content
d) Selling, renting, or sub-licensing content
e) Scraping or data mining our content
5.4. User-Generated Content: By submitting any content to our platforms, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such content in connection with our Services.
6. Payment Terms and Refund Policy
6.1. Pricing: Prices for our Services will be clearly displayed at the point of purchase. We reserve the right to change our prices at any time without notice.
6.2. Payment: Payment for our Services is due at the time of purchase unless otherwise specified. We accept Credit Card, Google Pay, Apple Pay and other payments available via Stripe.
6.3. Refund Policy: We offer a 7-day refund period for our digital services, starting from the date of purchase. After this period, or once you've accessed the content, refunds will be at our discretion.
6.4. Refund Exceptions: No refund will be issued in cases of:
a) Violation of our Terms of Service
b) Fraudulent activity
c) Excessive refund requests from a single user
6.5. Chargebacks: Fraudulent chargebacks will result in immediate termination of your account and may lead to legal action.
7. Confidentiality and Data Protection
7.1. Confidentiality: You agree to keep confidential any proprietary or sensitive information shared during coaching sessions or within our community platforms.
7.2. Data Protection: We process personal data in accordance with our Privacy Policy, available at https://momentumminds.net/privacy-policy. By using our Services, you consent to such processing.
8. Limitation of Liability
8.1. Disclaimer of Warranties: Our Services are provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the operation of our Services or the information, content, or materials included.
8.2. Limitation of Liability: To the fullest extent permitted by applicable law, Momentum Minds shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
a) Your access to or use of or inability to access or use the Services
b) Any conduct or content of any third party on the Services
c) Any content obtained from the Services
d) Unauthorized access, use, or alteration of your transmissions or content
8.3. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
9. Termination
9.1. Termination by Us: We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
9.2. Termination by You: You may terminate your account at any time by contacting us and requesting account deletion.
9.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Dispute Resolution
10.1. Informal Resolution: If you have any concerns or disputes about our Services, please contact us first. We will do our best to resolve any disputes through informal negotiations.
10.2. Arbitration: If a dispute cannot be resolved informally, you agree that any dispute arising from or relating to these Terms or our Services will be finally settled by binding arbitration, conducted in accordance with the Danish Arbitration Act.
10.3. Jurisdiction: Any arbitration will take place in Denmark and will be conducted in the English or Danish language.
10.4. Class Action Waiver: You agree that any arbitration or legal action shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
11. Indemnification
You agree to indemnify, defend, and hold harmless Momentum Minds, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
12. Changes to Services
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
13. Communication
By using our Services, you consent to receive communications from us electronically. We may communicate with you by email, SMS, phone, through our platforms, or messaging apps. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Momentum Minds regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Momentum Minds
Solparken 17 3320 Skævinge
Email: info@momentumminds.net
By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.