TERMS & CONDITIONS

Welcome to Momentwo!

Momentwo is owned and operated by KM Vitalcenter Gmbh.

These are the terms and conditions for:

  • Momentwo (Android and iOS version – Available on Google Play store and App store).
  • https://momenttwo.com/

(Hereby Momentwo).

The use of the Momentwo application and website, your registration as a user and the use of the services and functionalities, mean that you accept these terms and conditions set out below.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, REGISTERING, DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES FROM THE APPLICATION AND THE WEBSITE.

 

ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Momentwo app. By registering and using the application and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Momentwo app. You agree to be bound by any modification to this terms and conditions when you use Momentwo after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation.

Momentwo may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

 

ELIGIBLITY

Users may use the application and services only if they can form a binding contract with Momentwo, and only in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

The registration and use of the services available in the application is limited to the legal age of majority according to the applicable and valid regulations. If the user does not meet the legal age permitted under applicable laws, the use of the application and services is strictly prohibited.

MOMENTWO’S SERVICES ARE STRICTLY FORBIDDEN TO PERSONS UNDER 18 YEARS OF AGE. Momentwo reserves the right to make appropriate checks during registration.

By using the application and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to perform fully all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that prevents you from entering into this agreement.

 

MOMENTWO

Momentwo is a large-scale social life services platform that allows you to find and rent registered users near your location, with similar interests to do activities such as shopping, exercising, eating, or watching a movie, etc.

Momentwo also offers its users the possibility to register and access paid subscriptions in order to access special functionalities such as the chat system and to offer its services to other registered users and to earn money for such services.

Payment for services offered by registered users must be made at the time of service provision or appointment between users. The price, provision of services and payment for these services is the sole responsibility of the users. Any commercial transaction for services offered in the application is not carried out through the platform. Momentwo does not participate in any commercial transactions between users.

Escorts are not welcome and NO SEX is involved (see rules).

Momentwo application is available for Android and iOS operating systems and available for download at Google Play and App store.

For more information about the app, its features and services, please contact Momentwo via the contact page or via our contact information.

 

USERS

Momentwo understands by “users”, those persons who download the application and/or access and register as a user to use the functionalities of the application for free in order to search for registered users and contract the services offered by those users.

If you wish to register as a user you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under applicable law. The user agrees to adhere to this agreement and everything contained in it, and further agrees to (a) Provide true, accurate, current and complete information about you, as requested on the registration form available on Momentwo. (b) Maintain and update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Momentwo reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time.

Momentwo hereby grants users a limited, terminable and non-exclusive right to access and use the application for entertainment purposes. You may not assign, sell, transfer or lease any of the services purchased with Momentwo to any third party without Momentwo’s express written permission. Momentwo reserves the right to suspend or terminate your access and use at any time if we determine that users are in violation of these terms and conditions.

 

USERS ADVENTURERS, SIDEKICKS

If you wish to register as an “adventurer” or “sidekick” user for the purpose of offering your services through the application and be hired by other registered users, you must read this agreement and indicate your acceptance during the registration process. Users who wish to register as an “adventurer ” or “sidekick” user for the purpose of offering their services through the application must do so through a paid monthly subscription.

In consideration of your use of the service, you represent that you are of legal age to form a binding contract under applicable laws and regulations. The user agrees to adhere to this agreement and everything contained in it, and further agrees to (a) Provide true, accurate, current and complete information about you, as requested on the registration form available on Momentwo. (b) Maintain and update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Momentwo reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time.

Momentwo hereby grants users a limited, terminable and non-exclusive right to access and use the application for entertainment purposes. You may not assign, sell, transfer or lease any of the services purchased with Momentwo to any third party without Momentwo’s express written permission. Momentwo reserves the right to suspend or terminate your access and use at any time if we determine that users are in violation of these terms and conditions.

 

ACCOUNT OPENING AND REGISTRATION

To access and use the services available in the application, you must first create an account. Users can register via their Facebook account, e-mail or phone number.

Users must provide a truthful and accurate description, about their hobbies, location, interests, etc., for the sole purpose of facilitating Momentwo to search for profiles with similar hobbies and interests, close to their location.

Users can undergo a verification process to confirm and ensure the veracity of the information and verify that the data corresponds to a real person. User verification will be tested by the “Verified User” symbol on the profile.

You must always provide accurate, current and complete information. Momentwo has the right to rely on contact and other information provided to us through your account. Your account is non-transferable. You may not share your password with anyone. You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to immediately notify Momentwo of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session. You may never use another user’s account without Momentwo’s prior authorization.

You can control your profile and the way you interact with the service by changing your account settings. By providing Momentwo with your email address you consent and authorize us to use your email address to send you notifications related to Momentwo, including any notifications required by law. We may also use your e-mail address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may send us your request via the contact information.

 

ACCOUNT DELETION AND TERMINATION

Users can cancel their accounts at any time, for any reason, by following Momentwo’s instructions. Such termination will only result in the deletion of the account and the removal of all personal data granted to Momentwo.

Momentwo reserves the right to terminate your account or your access to it immediately, with or without notice and without liability, if Momentwo believes that you have violated any of these terms, registered with false or misleading information or interfered with the use of the application and the site or services by other users.

Momentwo reserves the right to delete any profile that is deemed to be false, misleading or not belonging to a real person who cannot be verified, without prior notice.

 

SERVICE RULES

Dating between users for the provision of services must comply with the following rules:

  • Members must be 18 years of age or older.
  • Escorts are not welcome.
  • There is NO SEX involved in dating.
  • No form of physical contact will be tolerated, only a friendly handshake will be allowed.
  • Public places and public transportation are highly recommended.
  • Harassment is totally prohibited.
  • Offensive, inappropriate, hateful, threatening and obscene language is prohibited.

If rules are violated (such as inappropriate physical contact) or if the user feels that their safety will be compromised, they may leave the appointment before the end of the specified time or before the start of the date.

 

 

FUNCTION “REPORT PROFILE”

Users will have the “Report Profile” function available if they feel that the reported user is violating the rules and terms and conditions described in this document. Momentwo will evaluate the reports and make a decision according to the violations committed by the reported user. The “Report Profile” function helps to create a healthy and safe environment for users and should be used with full responsibility and restraint.

Users will also be able to block any user of their choice from their profiles. Blocked users will no longer be able to access that user’s profile or communicate with the user.

 

SUBSCRIPTIONS

Users who wish to register as an “adventurer” or “sidekick” and offer their services through the application, must do so through paid monthly subscriptions.

Momentwo offers monthly subscriptions of 1, 3 and 6 months.

When you make a purchase for a subscription, you are offered to purchase the subscription for the price announced on the website, according to the features offered in the application and the website. Please check the price and features of the subscription before making a purchase. Momentwo does not issue refunds for subscriptions once they are active upon confirmation and verification of payment.

When a user makes a purchase for a subscription, Momentwo will send that user an e-mail to confirm that the order has been received. This email confirmation will be produced automatically so that the user has confirmation of his subscription details. The subscription will be active, and will show when the next payment date will be.

Momentwo may cancel any sale and not supply the subscriptions if it is reasonable to do so and may change or discontinue the availability of the subscriptions at any time in its sole discretion. This does not affect your statutory rights as a consumer.

 

AUTOMATIC RENEWAL

Subscriptions include recurring automatic payments. You authorize Momentwo to renew your subscription and to charge it periodically and progressively according to the subscription chosen by you. The “Subscription Billing Date” is the date you purchase your first subscription. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period. Your subscription will continue until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid billing the next periodic subscription fee to your account. We will bill the recurring subscription fee to the payment method you provide during registration.

Subscriptions will automatically renew for an additional period unless cancelled before the date of the next billing period. Cancelled accounts will immediately lose access to the platform’s payment features.

 

 

PRICES

Momentwo reserves the right to determine subscription prices. Momentwo will make reasonable efforts to keep the pricing information published on the application and the website up to date. We encourage you to check our website and application periodically for updated pricing information. Momentwo may change the fees for any subscription or service, including any additional charges or fees. Momentwo, at its sole discretion, may make promotional offers with different features and different prices to any Momentwo user.

 

PAYMENTS

The subscriptions of the user’s “adventurer” or “sidekick”, will be paid through “Stripe” or “Paypal” (payment platform available on Momentwo).

The payment will be charged to your credit or debit card immediately after the order of the subscription you have purchased. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.

Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of subscriptions. Momentwo reserves the right to contract any payment platform available in the market, which will process your data for the exclusive purpose of processing the purchase of the subscriptions.

 

DISCLAIMER

Momentwo only provides users with a virtual space that allows them to communicate using the application and use the functionalities available in the application. Momentwo does not participate in any kind of commercial transaction between users for services offered in the application.

Momentwo services are limited to intermediation between registered Users only. The services offered by the users in the application are the sole responsibility of the users themselves. Momentwo does not accept any claims or demands from users for commercial relations arising from services published and provided by users.

Momentwo is not responsible for services that do not meet users’ expectations. The quality and guarantee of services offered in the application is the sole responsibility of the users who offer and provide these services. Momentwo is not responsible for the exchange of products, nor does Momentwo accept any claims from users for any commercial exchange or commercial transaction. The exchange of services or products through the application is the sole responsibility of the registered users. Our responsibility is limited only to linking and intermediating between registered users, for the sole purpose of accessing the functionalities of the application.

Momentwo is not responsible for any theft, loss or damage caused to any property during the provision of the services offered in the application by the users.

Momentwo is not responsible for damages to the physical or moral integrity of persons, such as injuries, death or any other physical and moral damages such as threats, insults and slander that may fall on a person, as a result of the communications established in Momentwo. Communications and relationships established between users as a result of any connection within the application and the Momentwo website are the sole and exclusive responsibility of the users.

In case one or more users or any third party initiates any kind of legal, judicial or administrative claim or action against one or more other users, each and every user involved in such claim or action releases Momentwo from any liability.

 

LICENSE TO USE THE PLATFORM

Momentwo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Momentwo as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Momentwo, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Momentwo application or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (5) distribute intellectual property without ownership or a license to distribute such property (6) Breach, in any way, the terms of service, privacy policy or rules of this web site or the recipients.

Momentwo reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Momentwo believes that you have violated any of these terms or interfered with the use of the application or service by others.

 

THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

 

COPYRIGHT

All content included on this application, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Momentwo, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Momentwo and protected by international copyright laws. All software used on this site is the property of Momentwo or its software suppliers and protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our application in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our application, you do not own any rights or titles to our content or other intellectual properties.

 

USER CONTENT

Certain features of the application may allow users to upload content that may consist of messages, text, images and other general content and to publish such user content to the application and website. Users retain any copyrights they may have in the content that they upload and post to the application. However, we do need some permission from the user to publish the content. By uploading and publishing your content to the application, you authorize Momentwo to publish such content to the application.

By providing content through the services available on the application, you grant Momentwo, a worldwide, non-exclusive, royalty-free, fully paid license to host, store, transfer, display, reproduce and distribute your user content, in whole or in part on the application for the sole and exclusive purpose of providing the functionalities of the application.

 

USER CONTENT REPRESENTATIONS AND WARRANTIES

Momentwo disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the Service, you affirm, represent, and warrant that:

  1. a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Momentwo and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Momentwo, the service, and these Terms.
  2. b) Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Momentwo to violate any law or regulation.
  3. c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  4. d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

 

REVIEW AND CONTROL OF USER CONTENT

We are not obligated to edit or control the user content that you or other users post or edit, and we are not in any way responsible for the user content. However, Momentwo may, at any time and without notice, review, remove, edit or block any user content that we believe violates these Terms or is otherwise objectionable. You understand that, by using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and relinquish, any legal or equitable rights or remedies you have or may have against Momentwo with respect to User Content. If a user or content owner is notified by a user or content owner that user content allegedly does not comply with these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Momentwo does not allow copyright infringing activities on the service.

You acknowledge and agree that Momentwo reserves the right to, and without prior notice, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Momentwo chooses to monitor content, Momentwo does not assume any responsibility for reviewing such content. During the review of the content, the information may be examined, recorded, copied and used in accordance with our Privacy Policy.

 

ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the application is accurate, complete or updated. The content of this application is provided for general information. Any use of the material provided on this application is at your own risk.

 

 

PROHIBITED ACTIVITIES

The content and information available on the application (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Momentwo or licensed to the Momentwo by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the application. Additionally, you agree not to:

I. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Momentwo;

II. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

III. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

IV. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

V. Deep-link to any portion of the services for any purpose without our express written permission;

VI. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;

VII. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Momentwo in connection with the services;

VIII. Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or

IX. Download any Content unless it’s expressly made available for download by Momentwo.

  

MOMENTWO RESPONSIBILITIES

Because of the nature of the Internet Momentwo provides and maintains the application on an “as is”, “as available” basis and makes no promise that use of the application will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our application may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse, Momentwo for any loss or damage caused as a result.

These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Momentwo liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Momentwo will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Momentwo excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Momentwo and Momentwo shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on Momentwo application.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the application or any product purchased through theapplication.
  • Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessingor using content from the application, or from transmissions via emails or attachments received from Momentwo.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

 

 

NON-COMMERCIAL USE

The services, the application and the website cannot be used in connection with any commercial purpose, except when specifically approved by Momentwo. Commercial advertisements, affiliate links and other forms of commercial content without prior notice may result in termination or suspension of services and user account.

 

 

ELECTRONIC COMMUNICATIONS

Momentwo shall not accept any liability for failed, partial or garbled computer transmissions, for any malfunction, failure, poor connection, availability of computer hardware or software, phones, cables, networks, electronic or Internet devices, acts or omissions of any service provider, Internet accessibility or availability or for traffic congestion or unauthorized human acts, including errors or failures.

 

 

INDEMNIFICATION

You agree to defend and indemnify Momentwo and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this Agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use on the Momentwo application.

 

CHANGES AND TERMINATION

We may change the application and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the application constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

 

PERSONAL DATA

When you download the application and/or access the site and register as a Momentwo user, you agree that we may collect and store your personal information. (See our Privacy Policy).

 

INTEGRATION CLAUSE

This agreement together with the Privacy Policyand any other legal notices published by Momentwo, shall constitute the entire agreement between you and Momentwo concerning and governs your use of the application.

 

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

 

FINAL PROVISIONS

These terms are governed by Swiss and European Union law. Use of our application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our application or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

CONTACT INFORMATION

If you have questions or concerns about these terms and services, please contact us at:

info@momenttwo.com