Terms of Service
Coffee (“Coffee,” “We,” “we,” “Us,” or “us”), operates the Coffee website (available at letsgeta.coffee; herein referred to as the “Site” or “Website”) and the Coffee application (hereinafter referred to as the “App” or “Application”). The term “Services” encompasses the Site, Application, and any other services provided by Coffee.
Coffee offers a platform that facilitates connections between content creators (“Mentors”) and their followers (“Mentees”). These Terms of Service (“Terms”) regulate your use of the Services. The terms “You” or “you” refer to you as a user of our Services, whether as a visitor, Mentor, or Mentee.
IT IS IMPERATIVE THAT YOU READ THESE TERMS THOROUGHLY PRIOR TO ACCESSING OR UTILIZING THE WEBSITE, APPLICATION, OR ANY OTHER SERVICES. THESE TERMS INCLUDE CRUCIAL CLAUSES THAT IMPACT YOUR LEGAL RIGHTS.
BY ACCESSING OR USING THE WEBSITE, APPLICATION, AND ANY OTHER SERVICES, YOU CONSENT TO BE LEGALLY BOUND BY ALL TERMS CONTAINED HEREIN AND BY THE COFFEE PRIVACY POLICY. YOU ALSO ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT COFFEE WILL HANDLE YOUR PERSONAL DATA IN LINE WITH THE PRIVACY POLICY (“PRIVACY POLICY”) EMBEDDED WITHIN THESE TERMS. SHOULD YOU DISAGREE WITH THE TERMS AND THE PRIVACY POLICY, YOU ARE ADVISED NOT TO ACCESS OR USE THE WEBSITE, APPLICATION, OR ANY OTHER SERVICES.
TO UTILIZE OR ACCESS CERTAIN SEGMENTS OF THE WEBSITE, APPLICATION, OR OTHER SERVICES, YOU MUST POSSESS AND MAINTAIN A VALID AND ACTIVE USER ACCOUNT (“ACCOUNT”) WITH COFFEE.
For simplicity, any reference to the Site is also applicable to the Application and vice versa, except where explicitly stated otherwise. Any modifications to these Terms become effective immediately unless stated otherwise. By utilizing our Site, Application, or other Services, or by demonstrating your consent (for example, by agreeing upon creating or logging into your Account, clicking “I Agree,” etc.), you affirm that you have comprehensively read, understood, and consent to be bound by these Terms and the Privacy Policy.
THE SERVICES ARE NOT LICENSED TO YOU, AND YOU MAY ACCESS SUCH SERVICES ONLY IN ACCORDANCE WITH THESE TERMS. ANY RIGHTS NOT EXPRESSLY GRANTED TO YOU HEREIN ARE RESERVED BY COFFEE.
Included within these Terms is a compulsory arbitration and class action waiver clause found in the section titled “Governing Law and Dispute Resolution” (“Disputes Provision”) that influences your rights under these Terms regarding any disputes between you and Coffee. It mandates that you and Coffee resolve such disputes through binding arbitration (rather than in court). You are entitled to opt out of the binding arbitration as detailed in the Disputes Provision.
1. Our services
You are granted access to use and pay for our Services, provided you adhere to these Terms.
Our Services enable you to receive personalized advice in the form of live video streaming (“Coffee Live”) from content creators (“Mentors”). You have the option to book a Coffee Live session for a live video conference with a Mentor.
You understand and agree that Coffee has the exclusive right to decide on the fulfillment of your requests for a Coffee Live, including the services a Mentor provides. We reserve the right to refuse any request for a Coffee Live at our sole discretion.
Coffee Live: You may choose to participate in a Coffee Live session as outlined on the Service. Sessions are subject to change or cancellation at the discretion of Coffee or the participating Mentor. Recording or sharing any part of the Session without Coffee’s provided functionalities is prohibited. Either party may terminate the Session at any time, with Coffee reserving the right to monitor, cancel, or end the Session.
Your contributions to the Session, including any chat or content, fall under these Terms. Coffee may record Sessions for its use. Do not share sensitive third-party information without authorization during a Session. You grant Coffee a comprehensive license to use your personal attributes from the Session for any purpose, including promotion.
Coffee is not liable for the Session or its content. Sessions should not be used for commercial purposes. When creating an Account, you must provide accurate information and not impersonate another. Your Account is personal, and you must secure your login credentials. You are responsible for your Account’s activities. Coffee may suspend or terminate your Account or access for any reason.
2. Additional Terms
We may present you with products and services beyond those specified in these Terms.
Certain Services accessible through the Site, Application, or other Services might be governed by supplementary terms and conditions (“Additional Terms”). Should Additional Terms be applicable, they will be provided for your review in association with the respective Service. By utilizing that Service, you consent to the Additional Terms, which will consequently become an integral part of these Terms and are hereby incorporated by reference. In instances where there is a discrepancy between the Additional Terms and any provision of these Terms, the stipulations of these Terms shall prevail, unless the Additional Terms expressly dictate otherwise.
3. Eligibility
In order to engage with our products and Services, adherence to specific criteria, including age restrictions and your affirmations and guarantees, is required.
Age Requirement: To access and use our Services, agree to these Terms, and register for an Account, you must be of the age of majority as per the legal standards of the jurisdiction you reside in. Individuals under the age of 18 are not authorized to utilize the Services.
Representations and Warranties: By engaging with our Services, you affirm and guarantee that:
- You have not been restricted or barred from utilizing or accessing any component of our Services by either us or any relevant legal or regulatory authorities;
- You will abide by all terms and conditions, which may be updated periodically, of any third-party payment facilitator chosen by us, and you are not listed on any prohibition list maintained by said third-party payment facilitator;
- We have not previously terminated or suspended any Account you have established or had control over due to any legal or regulatory violation, infringement of third-party rights, or breach of these Terms; and
- You have not been convicted as a sex offender.
4. Fees and Payment
These terms outline the fee requirements and your payment obligations for accessing Coffee Live and other services provided by Coffee.
Coffee mandates the payment of fees for the usage of its Services (or specific parts thereof), and by utilizing these Services, you consent to fulfill these payment obligations. You make a one-time payment (“One-Time Payment”) for access to these services.
General Payment Terms: For any form of payment (referred to as a “Transaction”), you explicitly authorize us (or our designated third-party payment processor) to charge you for such Transaction. We might request additional details relevant to your Transaction, including but not limited to your credit card number, its expiration date, and your billing and notification addresses (“Payment Information”). You affirm and warrant that you possess the legal authority to use all payment methods represented by any provided Payment Information. Upon initiating a Transaction, you allow us to share your Payment Information with third parties to facilitate the completion of the Transaction and to charge your payment method for the selected Transaction type (inclusive of any applicable taxes and charges). Verification of your identity may be required through additional information prior to finalizing your Transaction. By starting a Transaction, you comply with our pricing, payment, and billing policies as communicated to you. All payments made for Transactions are non-refundable and non-transferable except as specifically mentioned in these Terms. All applicable taxes and fees are payable in Euro.
Cancellation Policy: All purchases are final, and you are not entitled to cancel your purchase or receive a refund for your One-Time Payment at any point. However, in exceptional cases (such as a Mentor cancelling a Coffee Live), we reserve the right to cancel your Transaction for any reason or reschedule your Coffee Live.
Fees: The fees for One-Time Payments to access Coffee’s Services are listed on the respective Service or each Mentor’s product page when you make your request. All payments are due at the time of requesting a Coffee Service. You agree to pay all due amounts in accordance with the payment terms active at the time of your request.
5. Ownership
The rights, title, and interest in and to our Services and the distinctive appearance of our Services, including all software, ideas, processes, data, text, media, and other content within the Services (both individually and collectively referred to as “Coffee Content”); our trademarks, logos, and brand elements (“Marks”); and all other intellectual property rights contained in the Services or constituting the Coffee Content (“Coffee IP”), are owned by us or our licensors. These elements are safeguarded by copyright laws. Any replication, copying, or reuse of any part of the HTML/CSS, JavaScript, design elements, code, or concepts requires our prior express written permission.
Coffee aims to preempt potential future disputes where projects created by us, our employees, or our contractors may appear similar to ideas or feedback you provide regarding our Services, Coffee Live, or any other content available through our platform (referred to individually and collectively as “Feedback”). By providing Feedback that includes ideas, suggestions, proposals, plans, or other materials relevant to our business, you acknowledge and accept that you are offering such Feedback at your own risk, and that Coffee is under no obligation (including no duty of confidentiality) concerning that Feedback. You grant Coffee a non-exclusive, royalty-free, fully paid, unlimited, worldwide license that is sublicensable through multiple tiers, perpetual, and irrevocable, to use and exploit your Feedback in any manner (including for commercial purposes) without any duty to compensate you for its use.
You also relinquish any moral rights you may hold in your Feedback.
6. Proper Use of our Services
By agreeing to these terms, you consent to use Coffee Services solely for private and non-commercial activities, adhering to specific guidelines governing the use of our services.
Your Obligations: You are accountable for how you engage with any Coffee Live, your account, and our Services at large. We aim to foster a constructive, beneficial, and secure environment for our users. To support this objective, we restrict behaviors that could be detrimental. You confirm and guarantee that:
- your usage of Coffee will strictly be for personal and non-commercial reasons as detailed above, and
- in your interaction with Coffee Live, your account, and our Services, you will not:
- breach any laws, regulations, or judicial decrees;
- violate or infringe upon the intellectual, privacy, publicity, moral, or other legal rights of any entity;
- engage in or encourage behavior that is illegal, abusive, harassing, threatening, discriminatory, defamatory, vulgar, obscene, or generally objectionable, including explicit content;
- distribute advertisements or marketing materials, or send unsolicited messages;
- participate in data mining or the use of software meant to collect data from our services;
- disseminate viruses or any software intended to damage or interfere with computer systems;
- intimidate, stalk, or inflict harm upon others;
- impersonate any individual;
- partake in any deceptive or unlawful activities;
- employ any methods to extract or index our services;
- bypass or attempt to bypass any security measures we, our providers, or third parties have implemented;
- access our services to gather data for a competing platform;
- try to reverse engineer any part of our services;
- support or help others in engaging in these prohibited activities.
Monitoring and Enforcement: We reserve the right, though not the obligation, to monitor your use of our services to ensure compliance with our terms, or to fulfill legal or regulatory obligations. We may block access or take other necessary actions if there are repeated violations or other significant concerns.
7. Policy on Copyright and Intellectual Property Rights
Should you suspect a violation of your copyright, please inform us immediately. Conversely, violating another’s copyright may result in the suspension of your access to our services.
Policy on Termination: Repeated violations of copyright by a user will lead to termination of service access. We reserve the right to take additional measures at our discretion.
Notice of Copyright Infringement: We take action on valid complaints of copyright infringement by terminating the service access for repeat offenders. To file a complaint, you must provide the following:
- Your contact details, including address, phone number, and email if available, allowing our copyright agent to discuss your complaint;
- Detailed information about the copyrighted content you believe has been infringed;
- Details of the infringing material and its location within the Services, requesting its removal;
- A declaration of your belief in the unauthorized use of the material;
- The digital or physical signature of the copyright holder or their authorized agent;
- A declaration under penalty of perjury that your provided information is accurate and that you are the copyright holder or are authorized to represent them.
Notice Validity: Your complaint must meet these criteria to be considered valid.
Sending Notices of Copyright Infringement: For issues regarding content on our Services: hello@letsgeta.coffee.
We start investigating claims of copyright infringement upon receipt of email notices, but a formal, signed statement is required by mail or as an email attachment for us to take necessary actions.
8. Privacy Guidelines
We value your privacy. This Privacy Policy outlines our practices for gathering, utilizing, and disclosing your personal and other information.
9. Third Party Content and Interactions
Under the terms specified, you are prohibited from directly reaching out to Mentors unless such contact is sanctioned by our Services or explicitly permitted under these Terms.
Our Services incorporate tools and features, such as Coffee Live, which may facilitate access to content owned by third parties. This could include, but is not limited to, links to external websites, platforms, databases, software, and various online tools, all independent of our control. Any communication or dealings with third parties, including both users and Mentors, through our Services are strictly between you and the third party. While Coffee reserves the right to intervene in disputes at its own discretion, your cooperation would be expected in such instances. It is advised that you conduct thorough due diligence before engaging in any interactions with third parties. Furthermore, you are to restrict your interactions with Mentors to the avenues provided and authorized by our Services and these Terms.
WE DISCLAIM ALL LIABILITY FOR ANY HARM, LOSS, OR DAMAGE THAT MAY ARISE FROM YOUR INTERACTIONS WITH A MENTOR, OR AS A RESULT OF CONTENT DURING A COFFEE LIVE SESSION.
By using our Services, you absolve Coffee (as defined below) of all claims, known or unknown, that may emerge from these interactions or as a consequence of using our Services.
10. External Connections
Our Services provide pathways to access various third-party websites, applications, and services, including social media platforms. By using these links, you accept that such connections do not imply our endorsement or any affiliation with these third-party entities.
Furthermore, we hold no liability for any harm, financial or otherwise, that may arise from your interactions with these third-party sites, applications, or services. It is crucial for you to review and understand the terms and conditions and privacy policies of these third-party resources prior to their utilization.
11. Updates to Our Services
We frequently improve and modify our Services. By using our Services, you accept that we reserve the right to alter or cease any part of our Services without prior notification.
12. Termination
You have the option to discontinue using our Services whenever you choose. Additionally, Coffee retains the authority to cancel your access to any Services at any moment. We hold the exclusive right to cease providing access to our Services to anyone, including you, for any reason at our discretion. Should you breach any of the conditions of these Terms or our Privacy Policy, your access will be revoked immediately.
13. Indemnification Clause
By agreeing to these terms, you commit to protect and compensate Coffee for any liabilities linked to these terms. You promise to cover, defend, and exempt Coffee, its affiliates, their respective employees, contractors, directors, suppliers, agents, advisors, licensors, licensees, and representatives from any claims, costs, legal actions, losses, damages, and expenses (including legal fees and expenses) that emerge due to, are connected with, or result from:
- your or any user of your account’s supposed or actual violations of these Terms;
- any real or claimed breach of laws, regulations, or third-party rights by you or anyone using your account;
- your careless or unlawful behavior or deceit;
- any activity or lack thereof by you or your delegates; or
- in the broadest sense allowed by law, related to your use of our Services. Coffee reserves the right to choose legal representation at your expense in matters pertaining to this indemnification. You are also expected to cooperate with us fully on matters involving this indemnification.
14. DISCLAIMERS; LIMITATION OF LIABILITY
Utilizing our services is at your sole discretion and risk, and we explicitly state that we are not liable for any damages that may arise from your use of our services, including any Coffee Live sessions, or any content provided by Coffee.
You should be aware that all our Services, Coffee Live sessions, and content are provided “as is” and “as available” without warranties of any kind, be they explicit, implicit, statutory, or other, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement, and those that might arise from trade customs or usage.
Specifically, Coffee does not guarantee the accuracy, completeness, or reliability of Coffee Live, content, or any other information accessible through our services or on any linked social media platforms, third-party websites, applications, or services. You agree that Coffee is not responsible for any inaccuracies, errors, or omissions in any content, nor for any personal injury, property damage, or other harm that might result from your use of our services.
You also accept full responsibility for any harm, losses, or liabilities that might arise from downloading or accessing any material through our services. No advice or information, whether conveyed orally or in writing, obtained from Coffee through our services will constitute a warranty not explicitly stated by us.
By using our services, you may encounter content from various sources, and you acknowledge that Coffee is not liable for the content’s accuracy, safety, legality, or intellectual property rights. You also understand that you might find some content to be inaccurate, offensive, or objectionable, and you agree to waive any rights against Coffee regarding such content.
Under the law, Coffee’s liability will be limited to the greatest extent permitted, and we will not be liable for any indirect, special, incidental, punitive, or consequential damages or for the cost of procuring substitute services. This limitation applies regardless of the nature of the liability, whether in contract, tort, or otherwise, and even if we have been advised of the possibility of such damages.
Furthermore, our total liability to you or any third party under these terms will not exceed the greater of the amount paid by you to Coffee in the six months prior to the claim or €1.000.
Please note that some jurisdictions may not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. These limitations are intended as a fundamental part of our agreement with you.
15. Modifications to the Terms of Service
Coffee reserves the right to alter or update these Terms as it deems necessary, which may be done at any time through updates posted either on the website or as part of the service provisions. By continuing to use the website or services after these changes are applied, you signify your agreement to the modifications. Should you find any changes to be unsatisfactory, you have the option to cease using the website and services, which is your only recourse.
16. Contact
For any inquiries or feedback concerning our Terms or Privacy Policy, please reach out to Coffee at: hello@letsgeta.coffee