Term of Use
These Terms govern
the use of this application and,
any other Agreement or legal relationship related with the Owner
legally binding. Capitalized words are defined in the relevant dedicated section of this document.
The user must read this document carefully.
Although the entire contractual relationship relating to these Products is concluded solely by the Owner and the Users, Users acknowledge and agree that, where this Application has been provided to them through the Apple App Store, Apple may enforce these Terms as a beneficiary. of third parties. The speech is the same for Google Play.
This application is provided by:
Owner contact email: firstname.lastname@example.org
Information about this application
MoneyPlan is an application for iOS and Android. It allows its users to manage personal finance.
What the user should know at a glance
The right of withdrawal applies only to European consumers. The right of withdrawal is constantly indicated as "right of withdrawal" in this document.
The use of this Application and the Service is subject to age limits: to access and use this Application and its Service, the User must be over the age of 16.
The Service / this Application is intended exclusively for Consumers.
By using this application, users confirm that they meet the following requirements:
Users must qualify as consumers;
Users must be recognized as over the age of 16 by applicable law;
Users are not located in a country that is subject to a US government embargo or that has been designated by the US government as a "supporting terrorism" country;
Users are not listed on any US government list of prohibited or restricted parties;
To use the service, users must register or log in with a user account, providing all data or information requested in a complete and truthful manner.
Failure to do so will result in the unavailability of the Service.
Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also required to choose passwords that meet the highest standards of robustness allowed by this Application.
By registering, users agree to be fully responsible for all activities that occur with their username and password.
Users are required to immediately and unambiguously inform the Data Controller via the contact details indicated in this document, if they believe that their personal information, including but not limited to user accounts, login credentials or personal data, has been violated, unduly disclosed or stolen.
Users can close their account and stop using the Service at any time by doing the following:
Using the tools provided for account termination on this Application.
Account Suspension and Deletion
The Owner reserves the right, in its sole discretion, to suspend or cancel at any time and without notice, any User Accounts it deems inappropriate, offensive or in violation of these Terms.
The suspension or cancellation of user accounts will not entitle users to any claims for compensation, damages or reimbursement.
The suspension or cancellation of accounts for reasons attributable to the User does not exempt the User from paying the applicable rates or prices.
Content of this application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes to do everything possible to ensure that the content provided on this Application does not violate any applicable legal provision or rights of third parties. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to the legal prerogatives of Users to assert their rights, Users are requested to preferably report their complaints using the contact details provided in this document.
Removal of content from parts of this Application available through the App Store
If the reported content is found to be objectionable, it will be removed within 24 hours and the User who provided the content will not be able to use the Service.
Access to external resources
Through this Application, Users can have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to any resource provided by third parties, including those applicable to any possible granting of rights to the content, are derived from the terms and conditions of each such third party or, failing that, from applicable law.
In particular, on this Application, Users can view advertisements provided by third parties. The Owner does not control or moderate the ads displayed through this Application. If users click on any such ad, they will interact with any third party responsible for that ad.
The Owner is not responsible for any issues arising from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
This Application and the Service may only be used within the scope of what they are provided for, pursuant to these Terms and applicable law.
Users are solely responsible for ensuring that their use of this Application and / or the Service does not violate any applicable law, regulation or third party right.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct carried out through this Application or the Service to competent authorities - such as judicial or administrative authorities - whenever users undertake or are suspected of carrying out one of the following activities:
violate any laws, regulations and / or these Terms;
violate the rights of third parties;
significantly compromise the legitimate interests of the Data Controller;
offend the Owner or third parties.
TERMS AND CONDITIONS OF SALE
Some of the Products provided on this Application, as part of the Service, are provided for a fee.
The rates, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
The prices, descriptions or availability of the Products are indicated in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the greatest accuracy technically possible, the representation on this Application by any means (including, as the case may be, graphics, images, colors, sounds) is for reference only and does not imply any warranty in about the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchase process.
All the steps from choosing a product to sending the order are part of the purchasing process.
The purchase process includes these steps:
Users must choose the desired product and verify the purchase selection.
After reviewing the information displayed in the purchase selection, users can place their order by submitting it.
Sending the order
When the User submits an order, the following applies:
The placing of an order determines the conclusion of the contract and therefore creates for the User the obligation to pay the price, taxes and any additional commissions and expenses, as specified on the order page.
In the event that the purchased Product requires active input from the User, such as the provision of information or personal data, specifications or special wishes, placing the order creates an obligation for the User to cooperate accordingly.
When placing the order, Users will receive a receipt confirming that the order has been received.
All notifications relating to the purchase process described must be sent to the e-mail address provided by the User for these purposes.
Users are informed during the purchase process and before sending the order, of any fees, taxes and costs (including, where applicable, delivery costs) that will be charged.
The prices on this app are displayed:
exclusive or inclusive of any applicable commissions, taxes and costs, depending on the section the User is browsing.
Information relating to accepted payment methods is made available during the purchase process.
Some payment methods may only be available subject to additional conditions or fees. In such cases the relevant information may be re found in the dedicated section of this Application.
All payments are processed independently through third party services. Therefore, this Application does not collect any payment information - such as credit card details - but only receives a notification once the payment has been successfully completed.
If the payment through the available methods fails or is refused by the payment service provider, the Holder will have no obligation to fulfill the purchase order. Any costs or commissions deriving from failure or refusal of payment will be borne by the User.
Retention of usage rights
Users do not acquire any rights to use the purchased product until the total purchase price is received by the owner.
Provision of services
The purchased service must be performed or made available within the term specified in this Application or as communicated before placing the order.
Right of withdrawal
Except for exceptions, the User may have the right to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions in this section.
Who does the right of withdrawal apply to?
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory right of withdrawal under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users who do not meet this qualification cannot benefit from the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, Users must send the Owner an unequivocal declaration of their intention to withdraw from the contract.
To this end, Users can use the model withdrawal form available in the "definitions" section of this document. Users are however free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to respect the deadline within which they can exercise this right, Users must send the notice of withdrawal before the expiry of the withdrawal period.
When does the withdrawal period expire?
Regarding the purchase of a service, the withdrawal period expires 14 days after the day on which the contract was signed, unless the User has waived the right of withdrawal.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those to cover delivery costs.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive standard delivery type offered by the Owner, will not be reimbursed.
This refund must be made without undue delay and, in any case, no later than 14 days from the day on which the Data Controller is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, refunds will be made using the same payment method used to process the initial transaction. In any case, the User will not have to bear any costs or charges as a consequence of this refund.
on the purchase of services
If a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period has expired, the User must pay the Owner an amount proportional to the part of the service provided.
This payment will be calculated on the basis of the contractually agreed fee, and will be proportional to the part of the service provided up to the time of the User's withdrawal, with respect to the full contractual coverage.
Liability and Indemnification
Limitation of Liability
Disclaimer of Warranties
The indication is provided strictly "as is" and "as available". The use of the service is at the user's risk. To the fullest extent permitted by applicable law, Owner expressly disclaims all conditions, representations and warranties - express, implied, legal or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or otherwise. violation of the rights of third parties. No advice or information, whether oral or written, obtained by the user from the owner or through the Service will create any warranty not expressly indicated in this document.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensees, officers, directors, agents, co-branders, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will meet the Users' requirements; that the Service will be available at any particular time or place, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at their own risk and Users will be solely responsible for any damage to the User's computer system or mobile device or for any loss of data resulting from such download or use. by the Users of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner must not be a party or in any way. monitor any transactions between users and suppliers of third-party products or services.
The Service may become inaccessible or may not work properly with the User's web browser, mobile device and / or operating system. The owner cannot be held liable for any perceived or actual damages resulting from the content of the Service, the operation or use of this Service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement do not apply to the extent prohibited by applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use or inability to use the Service; is
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or the information contained therein;
any errors, errors or inaccuracies in the contents;
personal injury or property damage, of any nature, resulting from the User's access or use of the Service;
any unauthorized access or use of the Controller's protected servers and / or all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, Trojan horses or similar that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and / or
the defamatory, offensive or illegal conduct of any User or third parties. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the amount paid by the User to the Owner below in the previous 12 months, or the duration of this agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under the terms do not apply to the extent prohibited by applicable law.
The User undertakes to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any claim or request, damage, obligation, loss, liability, costs or debts and expenses, including, but not limited to, legal fees and expenses, arising from
User use and access to the Service, including data or content transmitted or received by the User;
Your breach of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;
Violation by you of any third party right, including, but not limited to, any right to privacy or intellectual property rights;
Violation by the user of any statutory law, rule or regulation;
any content sent from the User's account, including third party access with the User's username, password or other unique security measures, if applicable, including, but not limited to, misleading, false or inaccurate information ;
Malicious intent by the user; or statutory provision of You or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.
The failure of the Owner to enforce any right or provision under these Terms will not constitute a waiver of such right or provision. No waiver will be considered a further or continuing waiver of such term or any other term.
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner may also decide to suspend or completely interrupt the Service. In case of interruption of the Service, the Owner will collaborate with the Users to allow them to withdraw the Personal Data or information in accordance with the applicable law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as "force majeure" (eg work actions, infrastructure failures or blackouts, etc.).
Resale of services
Users may not reproduce, duplicate, copy, sell, resell or exploit any part of this Application and its Service without the Owner's express written consent, granted directly or through a legitimate resale program.
Intellectual Property Rights
Without prejudice to any more specific provision of these Conditions, any intellectual property rights, such as copyright, trademark rights, patent rights and design rights relating to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks - nominal or figurative - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are subject to the protection guaranteed by applicable laws or international treaties relating to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will adequately inform the User of such changes.
Such changes will only affect the relationship with the User for the future.
Your continued use of the Service will signify your acceptance of the amended Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the amended Terms may authorize one of the parties to terminate the Agreement.
The applicable previous version will govern the report prior to acceptance by the User. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will come into force.
The Owner reserves the right to transfer, assign, arrange by novation or subcontract one or all of the rights or obligations under these Terms, taking into account the legitimate interests of the User. The provisions relating to changes to these Terms will apply accordingly.
Users may not assign or transfer in any way their rights or obligations under these Terms, without the written permission of the Owner.
All communications relating to the use of this Application must be sent using the contact information provided in this document.
If any provision of these Terms is considered or becomes invalid or unenforceable under applicable law, the invalidity or inapplicability of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect.
Any invalid or unenforceable provision will be interpreted, interpreted and reformed to the extent reasonably necessary to make it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between the Users and the Owner with respect to the subject matter of this document and supersede all other communications, including but not limited to all prior agreements, between the parties in relation to such matter. These Terms will be applied to the maximum extent permitted by law.
If any provision of these Terms is or is deemed null, void or unenforceable, the parties will do their best to amicably agree on valid and enforceable provisions, thereby replacing the void, invalid or unenforceable parts. inapplicable.
In the event of non-compliance, the null, invalid or unenforceable provisions will be replaced by the applicable legal provisions, if permitted or established by applicable law.
Notwithstanding the foregoing, the nullity, invalidity or inability to enforce a particular provision of these Terms will not void the entire Agreement, unless the separate provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions resulted in an unacceptable inconvenience for one of the parties.
These Terms are governed by the law of the place where the Data Controller is based, as disclosed in the relevant section of this document, without regard to the principles of conflict of laws.
Exception for European consumers
However, regardless of the foregoing, if the User qualifies as a European Consumer and has his habitual residence in a country where the law provides for a higher standard of consumer protection, those higher standards will prevail.
Seat of jurisdiction
The exclusive jurisdiction to decide on any dispute deriving from or connected to these Terms rests with the courts of the place where the Data Controller is based, as displayed in the relevant section of this document.
Exception for European consumers
The above does not apply to users who qualify as European consumers, nor to consumers based in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users can bring any disputes to the owner who will try to resolve them amicably.
Without prejudice to the Users' right to take legal action, in the event of a dispute relating to the use of this Application or the Service, Users are requested to contact the Owner at the addresses provided in this document.
The User can submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the e-mail address of the Owner specified in this document.
The Data Controller will process the complaint without undue delay and within 21 days of receipt.
Online dispute resolution for consumers
The European Commission has established an online platform for alternative dispute resolution which facilitates an out-of-court method to resolve any disputes related to and arising from online sales contracts and services.
Consequently, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available at the following link.