Terms & Conditions

  1. General
    1. hiMoment GmbH is an Austrian limited liability company, registered in the Austrian commercial register under FN 482218 w, having its corporate seat in Vienna, Austria (hereinafter referred to as ‘hiMoment’). hiMoment offers a digital happiness guide which shall help you to focus on the good things in life, available on the website www.himoment.com and through the hiMoment-app for Android and iOs (hereinafter referred to as ‘Services’). You may access and/or use the Services only in compliance with these terms and conditions (hereinafter referred to ‘Terms and Conditions’). Please read these Terms and Conditions carefully before you access or use our Services. If you disagree with these Terms and Conditions, you shall not use the Services.
  2. Scope
    1. These Terms and Conditions govern all access to and/or use of our Services. By downloading, accessing or using the hiMoment-app, by accessing or using our website and/or by registering for using the Services, you agree to these Terms and Conditions You further confirm to have ready ourĀ privacy policy
    2. hiMoment reserves the right to fully or partially modify these Terms and Conditions at any time and at its sole discretion. You are responsible to inform yourself periodically about any modifications of these Terms and Conditions. The current version of the Terms and Conditions will always be available on our website as well as in our apps. Registered users of our Services will be informed about any such modifications by a notice through the Services or via e-mail. If you continue to access or use our Services, you accept the modified Terms and Conditions.
    3. hiMoment reserves the right, at its sole discretion, to modify, limit, extend, improve or discontinue the Services or any features thereof any time and without prior notice. hiMoment shall not be liable for any such modification, limitation, extension, improvement or discontinuation of Services or features thereof. Unless stipulated otherwise, any new features, products and/or services available on the website www.himoment.com or through the hiMoment-app shall be subject to these Terms and Conditions.
    4. The use of certain basic functions within the Services is free of charge. Extended functions are available with a premium subscription. During the first seven days after registration, all functions (including premium functions) are available free of charge to every user. If you do not conclude a premium subscription, the Services will automatically be restricted and only the basic functions will be available after the seven-day period has expired.
    5. Unless otherwise agreed, these Terms and Conditions shall apply to any use of the Services and any new features, products and/or services available on the website www.himoment.com or via the hiMoment-app. Premium subscribers are additionally sub-ject to the provisions of sections 4 and 5.
    6. We reserve the right to provide special offers or additional functions, products or services and make those subject to additional terms and conditions.
  3. Terms of Service
    1. hiMoment offers the Services solely for your personal use. It is prohibited to access and/or use the Services in connection with any commercial endeavours.
    2. You grant hiMoment the worldwide, irrevocable, non-exclusive, unlimited and transferable right to use, reproduce, distribute, modify and display the content and information you transmitted, saved or shared via the Services for the purposes of operating, providing and developing the Services.
    3. In order to use the Services, you are required to register with hiMoment by either logging in via your Facebook account or creating a specific account with hiMoment. You are obliged to submit correct information during the registration and keep this information up-to-date and complete. For purpose of registration, you shall use your civil name, not any nickname or pseudonym.
    4. You are responsible for maintaining the confidentiality of the password of your account with hiMoment. We ask you to notify us immediately of any unauthorised or fraudulent use of your account.
    5. With your registration for our Services, you declare and warrant that you are of legal age to form a binding contract with hiMoment.
    6. hiMoment reserves the right to refuse to offer the Services to any individual and/or reject a request to register or open an account with hiMoment at its sole discretion.
    7. When using the Services you shall always act in accordance with these Terms and Conditions and all applicable national and international laws and regulations. You are (i) fully responsible for all content and information uploaded to, saved on, shared, distributed or created via your account as well as all other actions taken in connection with your account and (ii) liable for any damages resulting therefrom.
    8. You must not upload, save, share, distribute or create any content or information that is illegal, discriminating, pornographic, denunciating, threatening, hateful, harassing, racist, violent or glorifying violence, infringing intellectual property or other third party rights, promoting illegal or harmful activities.
    9. You must not upload, save, share, distribute, create or make otherwise available content or information that contains bugs, spyware, viruses or any other defects, invasive, destructive or disruptive components or content that is spam or any other computer-generated content.
    10. hiMoment may, but is not obliged to, delete, change or edit any content or information uploaded, saved, shared, distributed or created by you at any time, without prior notice, at its sole discretion and for any reason, for example, if content violates these Terms and Conditions.
    11. In case hiMoment is of the opinion (acting in its sole discretion) that you violate any of the provisions set forth in this section 3, hiMoment may at any time and without prior notice, temporarily or permanently, terminate your account and refuse any current and future access to the Services.
    12. If a user’s account is not used for a period of more than twelve months (i.e. no active login), hiMoment may, but is not obliged to, deactivate or delete your account and all content included therein.
  4. SPECIAL CONDITIONS FOR THE PREMIUM OFFER
    1. You have the possibility to subscribe to our premium offer. As a user with a premium sub-scription, you have unlimited access to extended functions of the Services.
    2. In order to be able to use the functions of the premium offer, you must be registered ac-cording to section 3.3, subscribe to the premium offer via the relevant settings in the hiMoment-app and make the specified payments.
    3. The premium subscription will basically be concluded for an indefinite duration.
    4. hiMoment offers different billing periods (e.g. monthly or yearly). The billing periods of-fered and the respective fee are displayed in the hiMoment-app. hiMoment may change the fees of the premium offer at any time. Any changes of the fees for the premium offer will only be effective 30 days after the changes were notified to you.
    5. The fees for each accounting period are payable in advance via your iTunes or Google Play account. The fees will be deducted from your iTunes or Google Play account. If a payment cannot be processed successfully, we may restrict your access to the premium features of the Services until the payment has been made.
    6. Termination: You may terminate your premium subscription at any time as of the end of the current billing period. The fees of the current billing period will not be refunded; the premium features will be available until the end of this period. The term of your current bill-ing period is accessible at any time via the app. In order to cancel your premium subscrip-tion, follow the instructions in the app under “Account Settings”
    7. For questions regarding your premium subscription, please contact premium@himoment.com
    8. Unless stipulated otherwise, all provisions of these Terms and Conditions also apply to premium subscribers.
  5. YOUR RIGHT TO WITHDRAW FROM YOUR PREMIUM SUBSCRIPTION
    1. As a consumer, you have the right to withdraw from or revoke your contract regarding the premium subscription with hiMoment without giving any reasons within fourteen days fol-lowing the conclusion of the premium subscription.
    2. In order to exercise your right of withdrawal, you may, e.g, choose the relevant settings in the hiMoment-app or inform us by letter or e-mail at hiMoment GmbH, Herklot-zgasse 26/5, 1150 Vienna; hi@himoment.com. You may use the attached form if you want.
    3. To meet the withdrawal deadline, it is sufficient for you to send your declaration of with-drawal within the fourteen-day withdrawal period.
    4. You do not have the right to withdraw if we make all premium functions available to you immediately after you have subscribed to the premium offer and thus begin to fulfil the contract before the end of the withdrawal period, after (i) you have expressly agreed that we start with the fulfilment of the contract, (ii) you acknowledge that you will thereby lose your right of withdrawal and (iii) we have provided you with a confirmation of the contents of the contract on a permanent data carrier (e.g. by e-mail).
    5. If you revoke or withdraw from the premium subscription, we shall reimburse you for all payments we have received from you immediately and no later than fourteen days from the date on which we received the notice of revocation. In principle, we will use the same method of payment for this refund as you used for the original transaction. No fees will be charged for the repayment.
  6. WARRANTY
    1. Unless otherwise agreed, the legal provisions on warranties shall apply to the premium offer.
    2. The Services are provided without representations or warranties of any kind. In particular, hiMoment does not represent or warrant that the Services are (i) suitable for a particular purpose and/or that the result of using the Services will meet your requirements and (ii) provided without any errors in content, technical errors, interruptions, bugs, spyware, viruses or any other defects, invasive, destructive or disruptive components. The Services may be interrupted at any time (e.g. for maintenance, repairs or upgrades). hiMoment is, however, not obliged to correct any errors.
    3. hiMoment is not responsible for controlling how or when users access and/or use the Services. Further, hiMoment is not responsible for and will not supervise the content or information uploaded, saved, shared, distributed or created by users via the Services.
    4. The Services are not intended or designed to diagnose, evaluate or treat the mental or medical condition of the users. The use of the Services does not substitute the consultation of a doctor or professional therapist in case of mental impairments or other health problems. The Services do not provide professional advice. Users of the Services are solely responsible for their own health.
    5. The Services may contain links to third party apps, websites or services that are not operated or controlled by hiMoment and such third party apps, websites or services may link to our website or our apps. hiMoment makes no representation or warranties with regard to and is not responsible for the content, functionality, legality, security, accuracy or other aspects of such third party apps, websites or services. Note that for accessing and/or using third party services their own terms and conditions will apply.
  7. Termination
    1. hiMoment may terminate your access to the Services in whole or in part at any time, at its own discretion and with immediate effect. Also, you may terminate the use of the Services, including your account, at any time.
    2. Upon termination, you continue to be bound by all provisions of these Terms and Conditions by their nature extending beyond the termination, including but not limited to section 6 (Warranty), section 8 (Limitation of Liability) and section 9 (Indemnification).
  8. Limitation of Liability
    1. hiMoment shall only be liable for damages incurred through malicious intent or gross negligence.
    2. hiMoment shall not be liable for the costs of procurement for substitute services in case hiMoment discontinues or limits the Services or terminates or limits your access to the Services.
    3. hiMoment shall not be liable for any damages resulting from the loss or impairment of content or data uploaded, saved, shared, distributed or created by users of the Services. Users of the Services are advised to save important content or data on an external storage medium.
    4. hiMoment shall not be liable for any damages resulting from any decisions you or any third party made in reliance on the Services. You agree to use the Services at your own risk.
  9. Indemnification
    1. You defend, indemnify and hold hiMoment, its respective officers, director, shareholders and employees harmless from and against any and all claims, losses, liabilities, damages, costs, and expenses (including court costs and reasonable attorney’s fees) arising from or related to an unlawful use of the Services, a violation of these Terms and Conditions or claims raised by third parties resulting from an infringement of their rights in connection with content or information uploaded, saved, shared, distributed or created by you via the Services.
  10. Miscellaneous
    1. These Terms and Conditions and any access or use of the Services are governed by Austrian law, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising out of these Terms and Conditions or the access or use of the Services shall be submitted to the exclusive jurisdiction of the competent court in the first district of Vienna, Austria.
    2. If one or more provisions of these Terms and Conditions are held to be invalid, illegal or unenforceable under applicable law, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and Conditions. Any invalid, illegal or unenforceable provision shall be replaced by a provision best reflecting its original intent.
    3. You may not assign or otherwise transfer these Terms and Conditions or your rights and obligations under these Terms and Conditions, in whole or in part, without our written consent and any such attempt shall be null and void. We may transfer our rights under these Terms and Conditions to a third party.
    4. Our failure to enforce or exercise any of the provisions of these Terms and Conditions shall not be considered a waiver.
    5. It is our goal to provide the best service possible. hiMoment, therefore, welcomes your feedback regarding its products and features in connection with the Services. Please note that by providing feedback, you agree that hiMoment is entitled to use your ideas and suggestions without informing or compensating you.

ANNEX
Model withdrawal form
(If you want to withdraw from this contract, please fill out this form)
hiMoment GmbH,
Herklotzgasse 26/5
1150 Wien
hi@himoment.com
-I/We ____________ hereby give notice that I/We withdraw from my/our contract of sale of the following goods ______________ for the provision of the following ser-vices_________________
-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: