Terms and Conditions for Aha Momento English-Learning App

Effective Date: 08.31.2023

 

1. Acceptance of Clauses

These terms and conditions are between you and Coetereo SRL, operating under the brand name "Aha Momento" (hereinafter referred to as "Aha Momento"). The following terms and conditions, together with all documents they expressly incorporate by reference (hereinafter collectively "Terms"), govern your access to and use of our mobile application, available for iOS and Android systems, and the web application and website owned or operated by Aha Momento, including with respect to any content, functionality, and services offered therein (hereinafter collectively "Our Services"), whether you are a visitor or a registered user.

Please read these terms carefully before using our application. By using our app, you accept and agree to be bound by and comply with these terms. If you do not wish to agree to these terms, do not access and use our services.

Additional terms and conditions (collectively, "Additional Terms") may apply to certain parts or features of our services. All such additional terms and conditions are incorporated by reference into these Terms.

These terms, our privacy policy (privacy) and any applicable additional terms, constitute the sole and entire agreement between you and Aha Momento regarding our services. They supersede all prior and contemporaneous written or oral understandings, agreements, representations, and warranties relating to our services.

2. In-App Purchases

Premium subscription: Aha Momento offers a premium subscription for users who want to access additional features and content (they gain access to all the lessons available in the app). To purchase a premium subscription, you will need to provide payment information through your device's app store. The subscription will automatically renew unless you cancel it in your account settings in the app store.

Payment processing: we use third-party payment processors to process payments for in-app purchases. We are not responsible for any errors, omissions, or other problems that may occur as a result of using these third-party payment processors.

3. Subscription Cancellation and Discontinuation of Payment

Customers can discontinue their subscription at any time and still have access to Premium features until the end of their paid subscription.

Access to the Premium Subscription is canceled as soon as the customer terminates the subscription in the settings.

4. Modification of Clauses

Aha Momento may amend or supplement these clauses at any time as it sees fit. All modifications shall enter into force immediately after their publication by Aha Momento. Your continued use of our services following the publication of the revised terms means that you accept and agree to the changes. Therefore, we recommend that you visit this page periodically to see which current terms you are bound by. Your failure to comply with these terms and subsequent changes to these terms will constitute a breach of your contractual obligations and may infringe Aha Momento's copyright, trademark, and other proprietary and intellectual property rights.

5. Changing Our Services

Aha Momento reserves the right from time to time to modify, suspend or discontinue, temporarily or permanently, our services or any part thereof for technical reasons and without prior notice. You agree that Aha Momento shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our services. Aha Momento may periodically change the content, information, and materials in our application and on our website as it sees fit.

6. Privacy Issues

To access our services, you are required to provide a username, password, and e-mail address. All information you provide to our services is kept confidential.

We respect the privacy of our users and are committed to protecting their personal information. We only collect the user's username and email address for account creation. We will not use your personal information for any purpose other than to provide the Service to you. We collect data about your device (iOS or Android version, device type, etc.) for technical purposes, so that if deficiencies arise, we can debug your device and provide you with a solution to use our product optimally.

Aha Momento pays close attention to privacy issues in the use of the information provided. All information we collect on our websites is subject to our privacy policy, which can be accessed at privacy.

7. Intellectual Property Rights

Our Services and all of their content and their functions and functionality (including, but not limited to, all information, software applications, text, displays, images, video and audio materials, and the design, selection and arrangement thereof) are owned by Aha Momento, its affiliated partners, and its licensors or other providers of such materials and are protected by the GDPR and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms allow you to use our services lawfully for your personal use, subject to the restrictions set out in these terms (hereinafter referred to as "permitted use"). You may not reproduce any material from our services, share it or create similar material for public display or representation, republication, downloading, storage, or transmission, except as follows:

8. Trademarks

Our company name, the Aha Momento logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aha Momento, its affiliated partners, or licensors. Do not use such marks without the prior written permission of Aha Momento. All other names, logos, product and service names, designs, and slogans in our services are trademarks of their respective owners.

9. Prohibited Uses

You may only use our services for lawful purposes and in accordance with these terms. You agree not to use our services:

At the same time, you agree:

10. User Accounts

When creating an account with us, you must provide us with a username, password, and email address. We do not need your legal name or any other personal information.

You are responsible for safeguarding the password you use to access our services and for any activities or actions you take using your password. You agree not to disclose your password to any third party. If you notice that the security of your account has been compromised or that your account has been used without authorization, you must notify us immediately.

Compromising the security of our services or altering system resources and/or accounts is prohibited. It is strictly forbidden to use or distribute tools to compromise security (e.g., password cracking software, account hacking tools, prohibited network tools, etc.). If you are involved in any action that indicates a breach of system security, the company reserves the right to disclose information provided by you to system administrators of other websites to assist them in resolving security incidents.

The Company reserves the right to investigate suspected violations of these terms and conditions. The Company reserves the right to cooperate with law enforcement authorities or to comply fully with court orders requesting or ordering the disclosure of the identity of a person who posts, publishes, or otherwise makes available any content suspected of violating these Terms and Conditions.

By accepting these terms and conditions, you agree to waive claims and release the company from all claims arising from any actions taken by the company during or as a result of its investigations and/or any actions taken as a result of investigations by either the company or law enforcement authorities.

You may not use as your username a name or trademark that is the subject of rights of a person or entity other than yourself without proper authorization or a name that is offensive, vulgar, or obscene.

11. User Registration

This section applies to any portion or area of our websites that requires identification data for login purposes. You agree not to impersonate another person or create an account with false information. If any information about your account has changed, you agree to update that information immediately.

You must keep this information confidential and must not disclose it to anyone. You are responsible/liable for all activities you undertake on our website/app under your assigned username and password. If for any reason (such as theft, unintentional disclosure, etc.) you suspect that another person has gained access to your username and password, you must change them immediately.

Aha Momento has security measures in place to protect against unauthorized access to registered customer accounts. However, no security measure is perfect. Therefore, you agree not to hold Aha Momento liable in the event of a failure of these security measures to protect against unauthorized access to an account. You agree to comply with all security features of our services and not to disable or circumvent any security feature or device.

To the maximum extent permitted by law, we will not be liable for any loss or damage caused by distributed denial of service (DDoS) attacks, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other material you own as a result of your use of our services.

Use of our websites, its content, and any services or items obtained through our websites is at your own risk. Our websites, their content, and the services or items obtained through our websites are provided on an "as is" and "as available" basis without any warranties of any kind, either expressed or implied.

12. Limitation of Liability

To the fullest extent permitted by law, Aha Momento, its affiliated partners or licensors, service providers, employees, agents, management, or board of directors shall not be liable under any legal theory for any damages of any kind arising out of or in connection with the use or inability to use our websites, websites linked to our websites, the content of our websites or of those websites, including in respect of direct, indirect, special, incidental, consequential, or punitive damages, whether caused by tort (including negligence), breach of contract, or foreseeable.

The foregoing shall not affect any liability which cannot be excluded or limited under applicable law.

13. Waiver and Severability

If, for any reason, any provision of these clauses is held to be invalid, contrary to law, or unenforceable, the remaining provisions shall remain in force to the maximum extent permitted by applicable law.

A waiver by Aha Momento of any of the terms and conditions set forth in these clauses shall not constitute a further or continuing waiver of such term or condition or a waiver of any other terms and conditions. Likewise, any failure by Aha Momento to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be valid unless in writing and signed by Aha Momento.

14. Remedial Measures

You acknowledge and agree that your violation, breach, or threatened breach of these terms will immediately and irreparably harm Aha Momento. Accordingly, Aha Momento shall be entitled, without limitation of remedies, to the following: (i) interim and permanent injunctive and other equitable relief restraining you from engaging in activities that constitute a breach, default, or threatened breach of these Terms to the fullest extent permitted by law; and (ii) all other remedies available at law or in equity, including, without limitation, recovery of damages.

15. Applicable Law and Jurisdiction

This Agreement shall be exclusively governed by and construed in accordance with the applicable laws of the GDPR, without including its conflict of laws provisions.

16. Dispute Resolution

In the event of any dispute, disagreement, claim, or matter in dispute arising out of or relating to this Agreement or the breach thereof or the breach thereof, the Parties shall use their best efforts to resolve the dispute, claim, matter in dispute, or disagreement amicably. To this end, the Parties shall consult and negotiate in good faith and, recognizing each other's interests, shall endeavor to arrive at a fair and equitable solution satisfactory to both Parties. If no such settlement is reached within 60 days, then, upon notice by either Party to the other Party, all disputes, claims, questions in controversy, or disagreements arising out of or relating to this Agreement or the breach thereof and the breach thereof shall be finally settled by a court having jurisdiction over such matters.

17. For European Union (EU) Users

If you are a user from the European Union, you will benefit from all the mandatory provisions of the legislation of the country where you reside.

18. Consent for Electronic Communications

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing.

19. Your Comments and Concerns

The app and the website are managed by Coetereo SRL, operating under the brand name "Aha Momento," a company based in Bucharest.

You agree that any information, ideas, suggestions, or materials that you or persons acting on your behalf send to us, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions regarding our websites (hereinafter collectively "Submissions"), will be treated as non-confidential or non-proprietary, even if the Submissions are labeled "confidential" or "proprietary." You further agree that we shall have the unlimited and perpetual right to use, reproduce, and disclose such Suggestions in any manner and for any purpose (including, but not limited to, improving our services and developing, marketing, and offering other types of products or services incorporating or applying the Suggestions), without any notice, compensation, or attribution to you.

All suggestions, requests for technical assistance, and all other communications relating to our websites or to these terms and conditions can be sent by post to: contact@aha-momento.com.

Specific questions about our privacy policy or your rights should be sent to: contact@aha-momento.com.

Last updated: 11.08.2023

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