Terms

Terms and conditions for the Noventa learning program. Last updated: [TODO: date]

[TODO: decide whether the German or English version prevails in case of discrepancies, and state it here.]

1. Provider and scope

These terms apply to all contracts between [TODO: company name, address, company register number, VAT ID] ("we") and you ("user") for the use of the Noventa website and online learning program. Conflicting terms of the user do not apply. If the user is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), mandatory consumer protection rules remain unaffected.

2. Service

Noventa is a guided 90-day program for learning a foreign language. It includes in particular word cards with review scheduling, daily lessons, drills, quizzes, writing tasks, missions and a grammar cheat sheet. Access is via the web browser.

Each course (language pair) is completed as one run. Resetting or restarting a course once started is not provided. Content already unlocked can be reviewed at any time. Days not yet completed stay open and can be caught up on.

Learning success depends substantially on your own effort. We owe the provision of the program, not a particular learning outcome or language level. Conversations with tutors or tandem partners as part of the missions are not part of our service; any contracts with third parties are concluded by the user directly.

3. Account and conclusion of contract

An account is required. The presentation of courses on the website is not a binding offer. The contract is concluded when you start a course, complete the checkout with the button "[TODO: exact button label, e.g. "Order with obligation to pay"]" and we confirm this by email. The contract language is German or English. [TODO: specify storage of the contract text]

4. Free trial

The first 7 days after starting a course are free. If you cancel within these 7 days, you pay nothing. If you do not cancel, paid use begins when the trial ends. [TODO: specify whether a payment method is required before the trial, and whether there is one trial per user or per course]

5. Prices, payment and payoff

The price is 30 € per month (in the USA: 30 $) including statutory VAT, charged monthly in advance via our payment provider Stripe. The payment obligation is limited to a total of three monthly payments (90 € or 90 $) per course.

Once three monthly payments for a course have been made, the course is paid off: the subscription ends automatically, no further payments are due, and you receive a right to use that course without time limit in accordance with section 7.

Each additional course (another language pair) is a separate contract on the same terms. [TODO: confirm]

6. Term and cancellation

The subscription renews by one month at a time, at most until the third monthly payment. You can cancel at any time in your account settings, effective at the end of the current, already paid month. Your access remains until then. [TODO: specify what happens to a started run after cancellation, e.g. whether it can be resumed later and whether payments already made count towards the 90 €]

Both parties' right to terminate for good cause remains unaffected.

7. Lifetime access

Once a course is fully paid, you can use it without further cost for as long as we operate the service. If we discontinue Noventa, we will announce this by email at least [TODO: e.g. 6] months in advance and offer you a way to export your content (e.g. journal, word list, cheat sheet). [TODO: build export or adjust this sentence]

8. Right of withdrawal for consumers

As a consumer you can withdraw from the contract within 14 days of its conclusion without giving reasons (§ 11 Austrian Distance and Off-Premises Contracts Act, FAGG). To exercise this right, inform us ([TODO: company name, address, email]) by means of a clear statement (e.g. by email). You may use the model form below, but you do not have to. To meet the deadline it is sufficient to send your notice before the period expires.

Effects of withdrawal: If you withdraw, we will refund all payments received from you without undue delay and at the latest within 14 days of receiving your notice, using the same means of payment. If you requested that we begin the service during the withdrawal period, you shall pay us an amount proportionate to what has been provided until you withdrew, compared with the full scope of the contract (§ 16 FAGG).

[TODO: legal review whether the program qualifies as a digital service (§ 16 FAGG, proportionate payment) or as digital content (§ 18(1)(11) FAGG, right lapses with express consent and acknowledgment), and design the checkout accordingly: express request for immediate start, acknowledgment, confirmation on a durable medium.]

Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To [TODO: company name, address, email]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: Noventa learning program, course: …
Ordered on (*) / received on (*): …
Name of consumer(s): …
Address of consumer(s): …
Signature of consumer(s) (only if this form is notified on paper): …
Date: …
(*) Delete as appropriate.

9. Rights of use

All Noventa content (texts, word lists, mnemonics, audio, design, software) is protected by copyright. You receive a simple, non-transferable right to use the content for your personal learning. Sharing your account, copying or commercially exploiting the content is not permitted. The texts in your journal belong to you.

10. User obligations

You keep your login credentials secret and do not misuse the service, in particular by automated scraping of content or interference with the technical infrastructure.

11. Availability

We aim for uninterrupted availability. Maintenance, security updates or disruptions beyond our control may cause temporary restrictions. We may further develop the service as long as the core of the agreed service is preserved and the change is reasonable for you.

12. Warranty and liability

Statutory warranty rules apply, for consumers in particular those of the Austrian Consumer Warranty Act (VGG) for digital services. We are liable without limitation for intent and gross negligence and for personal injury. We are not liable to businesses for slight negligence; towards consumers, liability for slight negligence, except for personal injury, is limited to the foreseeable damage typical for this contract. [TODO: legal review of the liability clause (§ 6(1)(9) KSchG)]

13. Changes to these terms

We will notify you of changes to these terms by email at least [TODO: e.g. 6] weeks before they take effect. Essential services and the price of a course already started will not be changed to your disadvantage. [TODO: legal review of the consent mechanism]

14. Governing law and jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their habitual residence. For claims against consumers domiciled or habitually resident in Austria, the court at their place of residence has jurisdiction (§ 14 KSchG). For businesses, the place of jurisdiction is [TODO: city].

15. Final provisions

Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected. Noventa is not affiliated with or endorsed by Tim Ferriss.