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GoMomo Terms of Service

Version: 1.0

Status: Draft for legal review

CHANGELOG

• 1.0 — Initial global business-to-business Terms of Service covering the web

application, future mobile applications, subscriptions, Customer Data,

pricing outputs, liability, security, advisors and app-store distribution.

REQUIRED BEFORE PUBLICATION

1. Replace every value enclosed in [SQUARE BRACKETS].

2. Confirm that GoMomo will be offered only for business and professional use.

The signup and checkout flows should require the customer to confirm this.

3. Confirm the trial duration, renewal intervals, prices, taxes, cancellation

flow and downgrade behaviour against the production implementation.

4. Confirm whether subscriptions are sold directly by GoMomo through Stripe,

through an app store, or through both.

5. Make the Terms available before account creation and checkout, require an

affirmative acceptance, and retain the accepted version and timestamp.

6. Ensure the Privacy Policy and any Data Processing Addendum use the same

legal entity name, address, KVK number and contact details.

7. Review the Apple section before submitting an iOS application. If a custom

EULA is supplied to Apple, it must continue to satisfy Apple's then-current

minimum terms.

8. Obtain review from a qualified Dutch commercial and technology lawyer.

-->

Terms of Service

Version: 1.0

Last updated: 30 July 2026

Effective date: [EFFECTIVE DATE]

These Terms of Service (the “Terms”) govern access to and use of GoMomo’s

websites, web application, mobile applications, pricing tools, documentation,

support and related services (together, the “Service”).

By creating an account, accepting these Terms, placing an order, starting a

trial, paying for a subscription or using the Service, you agree to these

Terms. If you use the Service for an organisation, you accept these Terms on

its behalf and confirm that you have authority to bind it.

If you do not agree to these Terms, do not access or use the Service.

1. Who you are contracting with

GoMomo is a trading name operated by [FULL LEGAL NAME], a sole

proprietorship established in the Netherlands.

Business address: [BUSINESS ADDRESS]

KVK number: [KVK NUMBER]

VAT number: [VAT NUMBER, IF APPLICABLE]

Legal contact: [LEGAL EMAIL — recommended: legal@gomomo.app]

In these Terms, “GoMomo,” “we,” “us” and “our” refer to that sole

proprietorship.

Unless an order, checkout page or app store expressly identifies another

seller or merchant of record, GoMomo is the supplier of the Service. Stripe or

another payment provider processes payments on our behalf but is not a party

to these Terms.

2. Business and professional use only

The Service is designed for independent professionals, consultants and other

business users. It is offered for purposes connected with a trade, business,

craft or profession and not for personal, family or household use.

By creating an account or purchasing a subscription, you confirm that:

• you are at least 18 years old;
• you use the Service for business or professional purposes;
• the registration and billing information you provide is accurate;
• you have legal capacity to enter into this agreement; and
• if you act for an organisation, you are authorised to bind it.

If mandatory law nevertheless treats you as a consumer, nothing in these Terms

excludes, restricts or replaces any right or remedy that cannot legally be

excluded. GoMomo does not voluntarily extend consumer rights to business

customers unless we expressly state otherwise.

3. What GoMomo provides

GoMomo provides tools intended to help users organise business costs, capacity,

services, prices, packages, quotes and related assumptions. Depending on your

plan and the features available, the Service may perform calculations, produce

pricing indicators, compare scenarios, generate documents or provide other

business-support functionality.

The features, usage limits, authorised-user limits and subscription period for

your plan are described on the pricing page, in the checkout flow or in an

order form. An order form agreed by both parties may supplement these Terms.

We may improve, update, replace or discontinue features as described in

Section 17.

4. Pricing outputs are not professional advice

GoMomo performs calculations and produces outputs based on information,

assumptions, selections and estimates supplied by you or your authorised users.

The quality and usefulness of an output depend on the accuracy, completeness

and relevance of those inputs.

The Service and its outputs do not constitute:

• accounting or bookkeeping advice;
• legal, tax, regulatory or compliance advice;
• financial, investment or credit advice;
• a professional valuation;
• a guarantee that a customer will accept a price;
• a guarantee of revenue, profit, margin, demand or business performance; or
• a substitute for advice from a qualified professional who understands your

circumstances.

You are solely responsible for reviewing all calculations and outputs before

using them, checking the applicable taxes and legal requirements, setting your

prices, communicating with your customers and making business decisions.

You must not rely on the Service as the sole basis for a decision where an

error could cause material financial, legal, regulatory or reputational harm.

5. Accounts and authorised users

You need an account to access most Service features. You agree to provide

accurate information and keep it current.

You are responsible for:

• keeping credentials, recovery methods and devices secure;
• using strong, unique passwords and available multi-factor authentication;
• all activity under your account, except to the extent caused by GoMomo’s

breach of these Terms;

• promptly removing access that is no longer required;
• assigning appropriate permissions to authorised users; and
• notifying us without undue delay if you suspect unauthorised access or a

security incident.

Accounts are personal to the registered user and may not be shared between

individuals. You may invite other people where your plan permits. Each invited

person must use their own account.

The person or organisation that controls the subscription is the

“Customer.” People permitted by the Customer to use the Service are

“Authorised Users.” The Customer is responsible for its Authorised Users’

compliance with these Terms.

We may require additional verification before changing ownership, billing,

administrator access or other security-sensitive settings.

6. Advisor and accountant access

The Service may allow an accountant, consultant or other advisor to request or

receive access to a Customer account.

An advisor cannot authorise their own access. The Customer decides whether to

approve access, selects the advisor’s role and permissions, and may revoke the

access through the Service.

Unless we expressly support a different workflow:

• an advisor may not create a Customer account in the Customer’s name without

the Customer’s authority;

• the Customer remains responsible for deciding what the advisor may access;
• the advisor is an Authorised User and must comply with these Terms; and
• GoMomo is not responsible for advice, services, acts or omissions of an

advisor selected by the Customer.

Revocation will take effect when processed by the Service. The Customer should

contact us immediately where urgent access removal is required and the normal

controls are unavailable.

7. Licence to use the Service

Subject to these Terms and payment of applicable fees, GoMomo grants the

Customer a limited, non-exclusive, non-transferable, non-sublicensable and

revocable right during the subscription period to access and use the Service

for its internal business purposes.

The Customer may allow its Authorised Users to exercise this right within the

limits of its plan. No ownership of the Service, software or underlying

technology is transferred to the Customer.

Any mobile application is licensed, not sold. App-store usage rules may impose

additional restrictions.

8. Acceptable use

You must not, and must not permit anyone else to:

• use the Service unlawfully, fraudulently or to infringe another person’s

rights;

• access or attempt to access another Customer’s account, records or systems;
• probe, scan or test vulnerabilities without our prior written permission;
• bypass authentication, access controls, plan limits, rate limits or security

measures;

• interfere with the Service or impose an unreasonable load on it;
• upload malware, harmful code or content intended to disrupt a system;
• use automated means to scrape, copy or extract substantial parts of the

Service except through an interface we expressly provide;

• reverse engineer, decompile or attempt to derive source code except to the

limited extent that applicable law expressly permits and does not allow that

right to be waived;

• copy, modify, sell, lease, sublicense, distribute, white-label or resell the

Service as your own product;

• use the Service to develop or train a competing product through systematic

extraction of its interfaces, outputs, design or documentation;

• remove proprietary, copyright or security notices;
• create accounts or transactions using false identities or information;
• abuse trials, promotions, refunds or payment disputes;
• use the Service in violation of sanctions or export-control laws; or
• use the Service to store data prohibited under Section 10.

Reasonable use of exported Customer Data is not restricted by this Section.

9. Customer Data and ownership

“Customer Data” means information, files, records and other content that

the Customer or its Authorised Users submit to or create through the Service.

As between the parties, the Customer retains ownership of Customer Data.

These Terms do not transfer ownership of Customer Data to GoMomo.

The Customer grants GoMomo and its subprocessors a limited, worldwide,

non-exclusive licence to host, copy, transmit, display, modify where technically

necessary, back up and otherwise process Customer Data only as reasonably

necessary to:

• provide and operate the Service;
• perform the Customer’s instructions;
• maintain, secure and troubleshoot the Service;
• prevent fraud, abuse and security incidents;
• provide support;
• comply with law and valid legal process; and
• exercise or defend legal rights.

This licence lasts for as long as reasonably necessary for those purposes,

including the retention and deletion periods described in the Privacy Policy.

The Customer represents that it has all rights, notices, permissions and lawful

bases required to provide Customer Data to GoMomo and to instruct us to process

it.

10. Restricted and prohibited data

GoMomo is intended for ordinary business and pricing information. Unless we

expressly agree otherwise in writing, you must not upload or use the Service to

process:

• patient files or medical records;
• special-category personal data under the GDPR;
• biometric templates;
• criminal-conviction or offence data;
• government identity documents or identity-verification databases;
• full payment-card numbers, card security codes or magnetic-stripe data;
• authentication secrets belonging to another service;
• information subject to professional-secrecy requirements that the Service is

not contractually configured to support;

• classified government information;
• data whose processing through the Service is unlawful; or
• data subject to a regulatory framework for which GoMomo has not expressly

confirmed support.

The Customer is responsible for minimising personal data and avoiding free-text

entries containing unnecessary confidential or sensitive information.

11. Privacy and data processing

Our Privacy Policy explains how GoMomo processes personal

data in its capacity as a controller.

Where GoMomo processes personal data in Customer Data on the Customer’s behalf,

the Customer is normally the controller and GoMomo is the processor. If

a Data Processing Addendum applies, it forms part of this agreement and governs

that processing.

The Customer is responsible for complying with privacy and data-protection laws

that apply to its collection and use of Customer Data, including providing

notices and responding to individuals’ requests.

If there is a conflict concerning processing of personal data, the applicable

Data Processing Addendum prevails over these Terms to the extent of the

conflict.

12. Data export, finalised records and backups

Where the relevant feature is available, the Customer may export its Customer

Data while its account remains active, during a paid notice period and while an

account is in a read-only state.

The Customer is responsible for keeping any independent copies that it needs

for business continuity, legal, tax, accounting or regulatory purposes.

GoMomo is not the Customer’s statutory archive and the Service is not a

substitute for an appropriate backup and record-retention system.

Certain records may become final or locked after an event, such as when a quote

is sent, accepted, rejected or superseded. A finalised record may not be

editable in place. Corrections may instead be recorded through a new version,

adjustment or superseding record.

Technical locking does not require GoMomo to retain personal data indefinitely.

Deletion and retention are governed by the Privacy Policy and applicable law.

13. Subscriptions, prices and payment

13.1 Plans and billing periods

Available plans, prices, billing intervals and included usage are shown on the

pricing page, at checkout or in an order form.

Subscriptions may be billed monthly, annually or on another interval displayed

before purchase. Fees are charged in advance unless the order states otherwise.

13.2 Automatic renewal

A paid subscription automatically renews for successive periods equal to the

selected billing interval until it is cancelled, unless the checkout or order

form states otherwise.

By purchasing a recurring subscription, you authorise GoMomo and its payment

provider to charge the payment method on file for recurring subscription fees,

applicable taxes and authorised plan changes.

We will clearly display the renewal interval before purchase. You are

responsible for cancelling before the next renewal charge if you do not want

the subscription to renew.

13.3 Taxes

Prices exclude VAT, sales tax, GST and similar taxes unless the pricing page or

checkout expressly states that tax is included.

You are responsible for providing accurate billing, location and tax

information, including a valid VAT or tax-registration number where applicable.

We may charge taxes that we are legally required to collect.

If the Customer is legally required to withhold tax from a payment, it must

provide appropriate documentation and, except where prohibited by law, ensure

that GoMomo receives the amount it would have received without the withholding.

13.4 Payment providers

Payments may be processed by Stripe, an app store or another provider shown at

checkout. The provider’s terms and privacy notice also apply to its processing.

GoMomo does not receive full card numbers or card security codes where payment

is completed through the provider’s hosted payment interface.

13.5 Failed payments

If a payment fails or becomes overdue, we may:

• retry the payment method;
• ask the Customer to update billing information;
• restrict paid features;
• place the account in a read-only state;
• suspend access after reasonable notice where practicable; or
• terminate the subscription under Section 21.

The Customer remains responsible for valid, undisputed fees incurred before

suspension or termination.

13.6 No set-off

To the extent permitted by law, fees must be paid without deduction, set-off or

counterclaim, except for credits expressly issued by GoMomo.

14. Trials and promotions

GoMomo may offer trials, discounts, credits or promotions. The specific terms

shown at signup or in the offer form part of these Terms.

Where a seven-day trial is offered, the trial runs for seven consecutive days

from activation unless the offer states otherwise. We may require a payment

method before the trial begins.

If the signup flow states that the trial converts automatically, the selected

paid subscription begins at the end of the trial unless cancelled beforehand.

The applicable price and billing interval will be displayed before the trial

starts.

Unless an offer states otherwise:

• only one trial is available per person, Customer, business, payment method or

related account;

• trials and promotions may not be combined;
• unused promotional value has no cash value;
• we may withdraw an offer before acceptance; and
• we may cancel an offer obtained through fraud, duplication or abuse.

15. Cancellation, refunds and downgrades

15.1 Cancelling a subscription

The Customer may cancel through the billing settings or another cancellation

method we make available.

Cancellation prevents the next automatic renewal. Unless the checkout, order

form or mandatory law states otherwise, the Customer retains paid access until

the end of the current billing period and the subscription is not renewed.

Deleting an application, removing a payment method or ceasing to use the

Service does not cancel a subscription.

15.2 Refunds

Fees are non-refundable and non-creditable once charged, including for partial

billing periods, unused features, reduced usage or failure to cancel before a

renewal, except where:

• mandatory law requires a refund;
• an order form expressly provides one; or
• GoMomo chooses to issue a refund or credit in its discretion.

A discretionary refund does not create an obligation to provide another refund

in similar circumstances.

15.3 Downgrades

A downgrade normally takes effect at the end of the current paid billing

period unless the Service states otherwise.

GoMomo does not ordinarily delete Customer Data solely because the Customer

moves to a lower plan. Data or features beyond the lower plan’s limits may

become read-only, unavailable for editing or unavailable for new entries.

Restoring an eligible higher plan may restore the relevant access while the

data remains retained.

The Customer should review and export its data before downgrading. Account

closure and deletion remain governed by Section 21 and the Privacy Policy.

15.4 Chargebacks

A chargeback or payment dispute is not a valid method of cancelling a

subscription. Please contact us first so that we can investigate a billing

issue. We may suspend an account during a payment dispute where reasonably

necessary to prevent fraud or further charges.

16. Price changes

We may change subscription prices prospectively.

For an existing paid subscription, we will provide at least 30 days’ notice

before a price increase applies, and it will normally take effect at the next

renewal after that notice period. The notice will state the new price and the

date on which it applies.

The Customer may cancel before the affected renewal if it does not accept the

new price.

We may apply a change immediately where it results solely from a change in tax

or another amount imposed by law. We will provide notice where reasonably

practicable.

A price change does not affect a current prepaid subscription period unless the

Customer changes plan or the order form states otherwise.

17. Changes to the Service

We may update the Service to improve functionality, address security or legal

requirements, respond to technical constraints or maintain compatibility.

Features may be added, changed or removed. We will not intentionally make a

material reduction to the core paid functionality of a plan during a current

prepaid subscription period without a legitimate reason such as security,

law, third-party dependency failure or prevention of abuse.

Where a planned change materially reduces core paid functionality, we will

provide reasonable notice where practicable. The Customer may cancel before

the next renewal if it does not wish to continue with the changed Service.

Free, preview, experimental and beta features may be changed or discontinued

at any time and are not covered by any service-level commitment.

18. Availability, maintenance and support

We aim to provide a reliable Service, but internet-based software can be

interrupted, delayed or unavailable.

Unless an order form expressly includes a service-level agreement:

• no uptime percentage or guaranteed response time applies;
• maintenance may be performed when reasonably necessary;
• emergency maintenance may occur without advance notice;
• support is provided on a reasonable-efforts basis; and
• no service credit is owed for downtime.

Availability may depend on third-party infrastructure, telecommunications,

payment services, app stores, email services, devices and internet access that

GoMomo does not control.

Nothing in this Section excludes a mandatory remedy that applicable law does

not permit us to exclude.

19. Third-party services and integrations

The Service may interact with or link to third-party products, websites,

integrations, payment services or app stores.

A third-party service is governed by the third party’s own terms and privacy

notice. GoMomo does not control and is not responsible for a third-party

service, its availability, its content or changes made by its provider.

If the Customer enables an integration, it authorises GoMomo to exchange the

information reasonably necessary to perform the requested integration.

We may suspend or discontinue an integration if the provider changes or ends

its service, creates a security or legal risk, or makes continued support

commercially unreasonable.

20. Intellectual property, documentation and feedback

GoMomo and its licensors retain all rights, title and interest in and to the

Service, including its software, interfaces, workflows, documentation, visual

design, trademarks and other intellectual property, excluding Customer Data.

The Customer may use documentation made available with the Service only for

its internal use of the Service.

If you provide suggestions, ideas or feedback, you grant GoMomo a perpetual,

worldwide, irrevocable, royalty-free right to use and incorporate that feedback

without restriction or payment, provided that we do not identify you publicly

as its source without permission.

Open-source software included in the Service remains subject to its applicable

licence terms. Those terms prevail solely with respect to the relevant

open-source component where required.

21. Suspension and termination

21.1 Suspension by GoMomo

We may suspend or restrict access where we reasonably believe that:

• the Customer has materially breached these Terms;
• payment is overdue;
• an account has been compromised;
• use of the Service creates a security, legal or operational risk;
• suspension is necessary to protect another Customer or the Service;
• use may be fraudulent, abusive or unlawful; or
• a competent authority requires us to do so.

Where reasonable and safe, we will give notice and an opportunity to remedy the

issue. We may act immediately where delay could increase harm, legal exposure

or security risk.

21.2 Termination for breach

Either party may terminate this agreement if the other party materially

breaches it and, where the breach can be remedied, does not remedy it within 14

days after written notice.

GoMomo may terminate immediately for fraud, deliberate security abuse,

unlawful use, repeated material breaches, insolvency or conduct that creates a

serious risk to the Service or others.

21.3 Termination by GoMomo without breach

For a paid account, GoMomo may discontinue the Service or terminate the

agreement without Customer breach by giving at least 30 days’ notice. If we

terminate during a prepaid billing period for this reason, we will provide a

pro-rata refund of unused prepaid subscription fees.

We may terminate a free account on reasonable notice or after an extended

period of inactivity.

21.4 Effect of termination

On termination or expiry:

• the licence to use the Service ends;
• outstanding fees become due;
• the Customer may lose access to Customer Data;
• each party must stop using the other party’s confidential information except

where retention is permitted; and

• provisions intended to survive will remain in effect, including payment,

intellectual property, confidentiality, disclaimers, liability, indemnity,

governing law and general provisions.

The Customer should export its data before the subscription or account ends.

We may offer a limited read-only or recovery period, but no such period applies

unless shown in the Service, an order form or the Privacy Policy.

Deletion and retention are handled according to the Privacy Policy and

applicable law.

22. Confidentiality

Each party may receive non-public information that a reasonable person would

understand to be confidential (“Confidential Information”).

The receiving party will:

• use Confidential Information only to exercise rights and perform obligations

under this agreement;

• take reasonable measures to prevent unauthorised use or disclosure; and
• disclose it only to personnel, advisers and service providers who need it for

that purpose and are subject to appropriate confidentiality obligations.

Confidential Information does not include information that the receiving party

can demonstrate:

• is or becomes public without breach of this agreement;
• was lawfully known without a confidentiality duty;
• is received lawfully from another source without a confidentiality duty; or
• is independently developed without use of the other party’s Confidential

Information.

A party may disclose Confidential Information where required by law or valid

legal process. Where lawful and practicable, it will give prior notice and

limit the disclosure to what is required.

Customer Data is the Customer’s Confidential Information, subject to the

processing permissions in these Terms, the Privacy Policy and any Data

Processing Addendum.

23. Warranties and disclaimers

Each party warrants that it has authority to enter into this agreement.

GoMomo will provide the Service with reasonable care and skill. Except for this

express commitment and to the maximum extent permitted by law, the Service is

provided “as is” and “as available.”

GoMomo does not warrant that:

• the Service will be uninterrupted, error-free or completely secure;
• every defect will be corrected;
• outputs will be accurate where inputs or assumptions are inaccurate,

incomplete or unsuitable;

• a particular price, margin, tax treatment or business result will be

achieved;

• the Service will meet requirements not expressly agreed in an order form; or
• third-party services will remain available or unchanged.

To the maximum extent permitted by law, implied warranties and conditions are

excluded, including implied terms of merchantability, satisfactory quality,

fitness for a particular purpose and non-infringement.

Nothing in these Terms excludes an express commitment in an order form or a

warranty that cannot legally be excluded.

24. Limitation of liability

24.1 Liability that is not limited

Nothing in these Terms excludes or limits liability to the extent that doing so

is prohibited by applicable law, including liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct or deliberate recklessness where it cannot lawfully be

limited;

• death or personal injury caused by negligence, where applicable;
• breach of obligations that applicable law does not permit the parties to

limit; or

• any other liability that cannot legally be excluded or limited.

Nothing in these Terms limits the statutory rights of an individual to claim

compensation under applicable data-protection law.

24.2 Excluded losses

Subject to Section 24.1 and to the maximum extent permitted by law, GoMomo is

not liable for:

• indirect, incidental, special, consequential, exemplary or punitive loss;
• loss of profit, revenue, anticipated savings, business, opportunity,

contracts, goodwill or reputation;

• business interruption;
• losses arising from a pricing, quoting, tax, accounting, legal or commercial

decision made using the Service;

• losses caused by inaccurate, incomplete or unsuitable Customer inputs;
• loss caused by an Authorised User, advisor, integration or third-party

service;

• loss that could reasonably have been avoided by maintaining appropriate

backups, reviewing outputs or following security guidance; or

• corruption or loss of data, except for reasonable direct restoration costs

where the loss was caused by GoMomo’s breach and the data can be restored.

The exclusions apply regardless of whether a claim is based on contract, tort,

negligence, statutory duty, misrepresentation or another legal theory, and

regardless of whether the possibility of loss was known.

24.3 Liability cap

Subject to Sections 24.1 and 24.2, GoMomo’s total aggregate liability arising

out of or relating to the Service, these Terms and all connected orders will

not exceed:

• for a paid Customer, the subscription fees paid or payable to GoMomo for the

affected Service during the 12 months immediately preceding the event giving

rise to the first claim; or

• for a free account, trial or website visitor, EUR 100.

All related events and claims are treated as one claim for the purpose of this

cap. The cap applies in aggregate and is not renewed by multiple claims.

24.4 Allocation of risk

The fees reflect the allocation of risk in these Terms. The limitations in this

Section are essential terms of the agreement and apply to the maximum extent

permitted by law even if a contractual remedy does not fully compensate a

party.

25. Customer indemnity

To the maximum extent permitted by law, the Customer will defend, indemnify and

hold harmless GoMomo from third-party claims, damages, fines, costs and

reasonable legal fees arising from:

• Customer Data or GoMomo’s processing of it in accordance with the Customer’s

instructions;

• the Customer’s products, services, quotes, prices or dealings with its own

customers;

• the Customer’s or an Authorised User’s unlawful use of the Service;
• infringement of a third party’s rights by Customer Data;
• the Customer’s breach of Section 8, 9 or 10; or
• the Customer’s failure to obtain required rights, permissions or lawful

bases for Customer Data.

This indemnity does not apply to the extent that the claim was caused by

GoMomo’s breach of these Terms, negligence, wilful misconduct or processing

outside the Customer’s lawful instructions.

We will provide reasonable notice of an indemnified claim, allow the Customer

to control the defence and settlement, and provide reasonable cooperation at

the Customer’s expense. The Customer may not settle a claim in a way that

admits fault by GoMomo, imposes an obligation on GoMomo or affects GoMomo’s

rights without our written consent.

26. Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its

reasonable control, including natural disasters, war, terrorism, civil unrest,

government action, labour disputes not limited to its own workforce,

telecommunications or internet failures, widespread cloud-provider outages,

app-store failures, power failures, epidemics, denial-of-service attacks or

other third-party attacks that could not reasonably have been prevented.

This Section does not excuse payment obligations for Service already provided.

The affected party will take reasonable steps to mitigate the effect.

If a force-majeure event materially prevents the paid Service for more than 30

consecutive days, either party may terminate the affected subscription by

written notice. GoMomo will refund unused prepaid fees for the period after

termination.

27. Mobile applications and app stores

These Terms apply to GoMomo mobile applications as well as the web Service.

The relevant app store’s terms also apply to downloads, billing, refunds and

use through that store.

27.1 Apple App Store

Where the GoMomo application is obtained through Apple’s App Store, the

following terms apply:

• these Terms are between you and GoMomo, not Apple;
• GoMomo, not Apple, is responsible for the application and its content;
• the licence is limited to a non-transferable right to use the application on

Apple-branded products that you own or control, as permitted by Apple’s usage

rules, including any permitted Family Sharing or volume-purchasing use;

• GoMomo is responsible for maintenance and support required under these Terms

or applicable law, and Apple has no maintenance or support obligation;

• if the application fails to conform to an applicable warranty, you may notify

Apple and Apple may refund the purchase price paid for the application, if

any; to the maximum extent permitted by law, Apple has no other warranty

obligation;

• GoMomo, not Apple, is responsible for addressing claims relating to the

application, including product-liability, legal-compliance, privacy and

consumer-protection claims;

• GoMomo, not Apple, is responsible for investigating, defending and resolving

a claim that the application infringes third-party intellectual-property

rights;

• you must comply with applicable third-party terms when using the application;
• you represent that you are not located in a country subject to a United

States government embargo or designated as supporting terrorism, and that

you are not on a United States government prohibited or restricted-party

list; and

• Apple and its subsidiaries are third-party beneficiaries of these Terms and

may enforce this Section against you after you accept the Terms.

27.2 App-store purchases

If a subscription is purchased through an app store:

• the app store may process the payment and act as merchant of record;
• cancellation and refund requests may need to be made through the app store;
• the store’s billing rules prevail for that transaction where required; and
• deleting the application does not automatically cancel the subscription.

28. Export controls and sanctions

You may not use, export, re-export or make the Service available in violation

of applicable export-control, trade-sanctions or embargo laws.

You represent that you are not prohibited from receiving the Service under

laws applicable to you or GoMomo. We may refuse, suspend or terminate access

where required to comply with such laws.

29. Changes to these Terms

We may update these Terms to reflect changes to the Service, law, security,

providers or business operations.

For material changes affecting an existing paid subscription, we will provide

at least 30 days’ notice by email, through the Service or by another reasonable

electronic method, unless a shorter period is required to address law, security

or abuse.

The notice will include the updated Terms or a link to them. A summary alone

does not replace the updated text.

Material changes will normally take effect on the stated date. If a material

change substantially disadvantages a Customer and is not required by law or

security, the Customer may cancel before it takes effect. Continued use after

the effective date constitutes acceptance to the extent permitted by law.

We will not apply a material change retroactively unless required by law or

expressly agreed.

30. Notices and electronic communications

You agree that GoMomo may provide contractual and service notices

electronically, including by email, account notification or publication in the

Service where appropriate.

Notices to the Customer are effective when sent to the account email address or

made available in the account, unless mandatory law requires another method.

The Customer must keep its email address current.

Formal legal notices to GoMomo must be sent to [LEGAL EMAIL] and, where

required by law, to the business address in Section 1.

31. Governing law and disputes

These Terms and any non-contractual obligations arising from them are governed

by the laws of the Netherlands, without regard to conflict-of-law rules.

Before starting court proceedings, the parties will try in good faith for at

least 30 days to resolve a dispute after one party gives written notice

explaining the issue. This does not prevent either party from seeking urgent

injunctive relief, protecting confidential information or intellectual

property, or recovering an undisputed overdue payment.

For business Customers, the courts of the judicial district in which GoMomo’s

registered business address is located have exclusive jurisdiction.

If mandatory law gives a consumer the right to bring proceedings in another

court or under another country’s mandatory law, this Section does not remove

that right.

32. General provisions

32.1 Order of precedence

If documents conflict, the following order applies:

1. an order form signed or expressly accepted by both parties;

2. the Data Processing Addendum, for personal-data processing matters;

3. these Terms; and

4. policies and documentation incorporated by reference.

A purchase order issued by the Customer is for administrative convenience only

and does not amend these Terms unless GoMomo expressly agrees in writing.

32.2 Assignment

The Customer may not assign or transfer this agreement without GoMomo’s prior

written consent, except as part of a genuine sale of substantially all of its

business or assets where the transferee agrees to these Terms and is not a

competitor of GoMomo.

GoMomo may assign this agreement as part of a reorganisation, financing, sale

of the business or transfer of the Service, provided that the assignee assumes

the relevant obligations.

32.3 No partnership or agency

These Terms do not create a partnership, joint venture, employment, fiduciary

or agency relationship between the parties.

32.4 No third-party beneficiaries

Except for Apple and its subsidiaries under Section 27, these Terms do not give

rights to any third party unless expressly stated.

32.5 Entire agreement

These Terms, the Privacy Policy, any applicable Data Processing Addendum and

any order form constitute the entire agreement concerning the Service and

replace prior discussions or representations about the same subject.

32.6 Severability

If a provision is held invalid or unenforceable, it will be limited or removed

to the minimum extent necessary, and the remaining provisions will continue in

force.

32.7 No waiver

A failure or delay in enforcing a right is not a waiver. A waiver must be in

writing and applies only to the specific circumstance stated.

32.8 Interpretation

Headings are for convenience only. Words such as “including” mean “including

without limitation.” The singular includes the plural and vice versa where the

context requires.

32.9 Language

The English version controls unless mandatory law requires otherwise. A

translation may be provided for convenience.

33. Contact

Questions, complaints and legal notices concerning these Terms should be sent

to:

GoMomo — Legal

Legal operator: MICTS

Address: The Netherlands

Email: info@gomomo.app

KVK number: [KVK NUMBER]

VAT number: [VAT NUMBER, IF APPLICABLE]