Terms and Conditions (T&C) or Agreement – represent the Agreement between TUDOR MARKETING SERVICES S.R.L. (the owner & operator of www.perpetualmotionsystem.com, also referred to as "we", "us", "the Company" or "the Service Provider") and The User as a Client. The T&C refer to using the website, placing an order for a product, making a payment, using our contact forms or any other activities done through or on the website.
Website – refers to www.perpetualmotionsystem.com and includes the domain name, any subdomains, emails, the website database and all the pages of the website.
Learning Platform – refers to any hosted platform, portal, or membership area where our digital products, courses, coaching materials, or community access are delivered. The Learning Platform is part of the Website but may also be identified separately.
User (also referred to as Client and "you") – this term includes both the holder of an account as a registered user and a visitor of our website. A user can be a natural person or a business entity.
Order – any purchase of a Product or any other payment made towards the purchase of a Product through the website.
Products – the digital products and services we sell through our website. These include but are not limited to: online courses, coaching programs, memberships, community access, e-books, digital templates, downloadable resources, training materials, group coaching, one-on-one coaching, masterminds, and any other digital or information-based products. Products may be sold as one-time purchases or as recurring subscriptions. You are responsible for providing a correct email address in all cases.
Subscription Product – any Product that involves recurring billing at regular intervals (e.g., monthly, quarterly, or annually). By purchasing a Subscription Product, you authorize recurring charges to your payment method until you cancel in accordance with Section 2.7 of this Agreement.
Sales Page – any web page on which the Products we sell through our website are described, offered, or sold. The Sales Page may contain specific terms, guarantees, or conditions that supplement or, where expressly stated, override the default terms of this Agreement.
Newsletter – the Company's email list, to which a User may subscribe through our website, and can unsubscribe from at any time.
Personal Data – represents any information that can be used to directly or indirectly identify a person, as classified and detailed in our Privacy Policy.
Confidential Information – refers both to the Personal Data collected from The User and any proprietary information exchanged between the Parties in connection with the use of our Products or website.
0.1. The website and the domain name of perpetualmotionsystem.com, its subdomains and the brand itself are owned by TUDOR MARKETING SERVICES S.R.L., a Romania-based limited liability company, having its headquarters in E.U., Romania, Bucharest, B.P. Hasdeu street no. 14, Sector 5, registered with the Romanian Trade Registry under EUID ROONRC.J40/1822/2018, acting as and named hereto as Service Provider.
Contact details:
Email: [email protected]
0.2. The Service Provider reserves the right to change these Terms & Conditions by modifying this present document without prior notice. To stay up to date with the Terms & Conditions and any modifications, it is advised that you visit this page throughout our business relationship to check for any updates or changes. Even if you do not visit the terms when they are modified, your continued use of this website and our Products represents your agreement with the changed provisions.
0.3. These Terms & Conditions are divided into three categories as follows:
a) General Terms of Use For the Website
b) Terms for Placing & Receiving an Order (Including Subscriptions, Cancellations & Refunds)
c) Terms of Use of The Learning Platform
1.1. General use of the website represents any activity that the user does on or through the Website.
1.2. These General Terms of Use apply to absolutely all visitors and users of our website. Your use of the website represents your acceptance of these General Terms of Use, which take effect on the first day of your use. If you do not agree to our General Terms of Use, you are not allowed to use this website. By continuing to use our Website you confirm that you have read, understood and agreed to all these General Terms of Use.
1.3. These General Terms of Use along with our Privacy Policy describe the rights and obligations of the Parties with regards to use of the website.
1.4. You agree to use this website only for lawful purposes. Any behaviour which is unlawful or which may harass or cause inconvenience to any person or to us is prohibited and will determine the cancellation of your account and of your use of our website without any prior notice.
1.5. The Service Provider has the right to remove any material, posts, or comments you make through this Website or withhold them for moderation and decide if they will be publicly displayed at its discretion and without any prior notice.
a. You must be 18 years old or over to use this website and warrant that the details you provide on registration or use of our Products are true, accurate, complete and current to your best knowledge and you represent and warrant that you are at least 18 years old.
b. When you create an account on any parts of our Website, you may be given the opportunity to opt-in to receive marketing emails from us. You can unsubscribe from emails at any time by either requesting this directly to us in writing (by e-mail at [email protected]) or using the unsubscribe link that can be found at the bottom of all our newsletter e-mails.
c. You have the possibility to register for an account on our website by completing and submitting the account registration form on our website.
d. You must not use any other person's account to access the website unless you have that person's express permission to do so.
e. You must protect and keep your password confidential. You must notify us immediately in writing if you become aware of any disclosure of your password.
f. You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorized use of your account by emailing us at [email protected].
g. You may cancel your account with our website and you can cancel your newsletter subscription at any time by contacting us.
h. You are liable for the accuracy of the registration details provided. All your personal information will be processed as detailed under our Privacy Policy.
1.7.1. Copyright of the website, all written content, course materials, coaching content, digital products, templates, frameworks, methodologies, and design, except for user-generated content, is owned by the Service Provider. Files including information, video content, audio content, offers, images, photos, logos, names and icons may not be used, downloaded, altered, shared, distributed, or adapted for any purpose without the prior written permission of the copyright owner.
1.7.2. In case we observe a violation of our copyrights, we will do our best to solve this dispute amicably by notifying you on your e-mail address or on any other available contact details in order to stop the violation. In case you do not cease the copyright infringement, we will further take all the necessary legal measures to protect our copyright.
1.7.3. Unauthorized use of the material including but not limited to the reproduction, storage, modification, distribution, reselling, or publication without the prior written consent of the Service Provider is strictly prohibited.
1.8.1. We do not warrant or represent:
a) The completeness or accuracy of the information published on our website.
b) That the website or any Product on the website will remain available. The Service Provider reserves the right to discontinue or modify any or all of our website Products at any time without any prior notice, including the prices of the Products.
c) The security of the user-generated content, including possible attacks that bypass our security measures. The Service Provider will not be held liable for any sort of action of other users, including, but not limited to registered users, unauthorized users, or hackers.
d) The accuracy of the user-generated content. The Service Provider will not be held responsible for the accuracy or content of any comments, advice or information posted by users on the website.
e) The Service Provider does not warrant that the website's connection to the internet will be uninterrupted, always available or error-free.
1.8.2. On our website, we may use relevant links to other resources that we believe you will find useful. However, we cannot guarantee the safety of those links and we are not responsible for the content that is found there. The Service Provider cannot be held liable for the content of the external links and you assume full responsibility for any damages caused to you by following those external links.
1.8.3. Although we have taken all the reasonable precautions to ensure no viruses or malware are present on our website, we can't guarantee the efficiency of our security measures and we will not be held liable for any direct or indirect damages produced to you in case of a breach. We highly recommend that you install anti-virus software on your devices.
1.8.4. Website Content Disclaimer. The content provided on the website is designed to offer helpful information on the subjects discussed. The Service Provider doesn't guarantee the accuracy or authenticity of all information provided on the website. All the content is strictly for informational and educational purposes. The Service Provider will not be held liable for any direct or indirect damages caused to you or to your business that result from you taking action according to the information provided on the website and we don't guarantee you any positive results in following any advice provided by or through us.
1.8.5. As a User, you agree to assume all the risks and responsibility for using our website and agree that The Service Provider will not be held responsible for any loss or injury that results from the use of our website.
1.8.6. Earnings Disclaimer. When the Service Provider makes reference to business or money-making opportunities, you understand and agree the following:
a) The opportunities or the income we refer to are not guaranteed, but estimated of what we consider you can possibly achieve. The level of success depends on each individual's background, motivation and tenacity to make the strategies we might refer to work. You understand and expressly agree NOT to hold us liable for any loss incurred to you or your business by following our strategies or tools or for any failure in getting the estimated results.
b) The level of success experienced by others and presented in testimonials or examples we use are to be considered as exceptional results and we believe they may not apply to an average customer and are not intended to represent or guarantee that anyone will achieve the same or similar results.
c) Given the fact there are some unknown business risks, you understand and agree that there is no assurance that examples of past earnings can be duplicated in the future.
d) The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for any success or failure of your business that is directly or indirectly related to the purchase and/or use of our information, products or services.
1.8.7. Affiliate Disclaimer. Some of the links included in our content may be affiliate links for which we will receive a commission if you make a purchase or sign up through the respective link. We do not control whether discounts or offers will still be available at the time you access the links, as the third-party provider can withdraw the discount at any time and without notice.
1.9.1. We take all the necessary security measures to protect all the Personal Data collected and stored on our website and/or database. We assure you that we will always keep our security software up to date and do our best to protect the safe operation of the website and the security of the Personal Data you submit to us. However, we are not liable for any breach in our security system that doesn't result from our fault, as long as we act with reasonable diligence in protecting your confidential information.
1.9.2. We will never disclose your confidential information intentionally, unless you have requested us to do so or we are required to do so by law through a verifiable law enforcement agency or court order.
1.9.3. You agree not to hold us liable for any loss, alteration, modification or theft of Personal Data or confidential information that results from a breach of the security systems we have put in place.
1.10.1. These Terms & Conditions and any Agreements between the Parties will be governed by the Laws of Romania. The Courts of Romania shall have exclusive jurisdiction over all transactions, business dealings & disputes between the Service Provider and the Client. By using this website, placing an order, or purchasing a product, the Client expressly agrees with this choice of jurisdiction.
1.10.2. In case of a conflict or a dispute, both the Service Provider and the Client agree to try to resolve the dispute amicably and only in case of failure will they refer it to the competent courts.
1.10.3. According to this provision, the parties agree to notify each other in writing regarding any breach of these Terms & Conditions within 2 working days from the occurrence of the conflict and will try to agree upon any actions to repair the prejudice resulting from the breach before seeking to appeal to competent courts.
1.11.1. If any provisions of this Agreement are invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that will meet the purpose of the invalid or unenforceable provision as closely as possible.
1.12.1. Neither Party shall be liable for any failure to perform under this Agreement when such failure is due to causes beyond that Party's reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.
1.12.2. The party claiming force majeure shall notify the other party within 3 business days of the event and take all possible measures in order to limit the consequences.
2.1. By placing an Order, the Client expressly agrees with the General Terms of Use, these Terms for Placing & Receiving an Order, and, if your Order provides you with access to the Learning Platform, with the Terms of Use of the Learning Platform (Section 3).
2.2. By placing an Order, the Client expressly agrees with the choice of Jurisdiction in clause 1.10.
2.3. If you are contracting with the Service Provider on behalf of any group of individuals other than yourself alone, or on behalf of a company, you guarantee that you are fully authorized to enter into an agreement on behalf of that group of individuals or company.
2.4.1. Products are described on the Sales Page where they are sold. The Sales Page constitutes the specific description and scope of what you are purchasing.
2.4.2. Products can be of two kinds: (a) one-time purchase products, which are delivered once in exchange for a one-time fee, OR (b) Subscription Products, which provide ongoing access or delivery and are billed at recurring intervals.
2.5.1. In exchange for one-time Products, the Client must complete the payment to the Service Provider through the website before the Product is delivered.
2.5.2. In exchange for Subscription Products, the Client must set up their subscription with the Service Provider through the website before access is granted.
2.5.3. Recurring Billing Authorization. By purchasing a Subscription Product, you expressly authorize the Service Provider to charge your payment method at the recurring interval stated on the Sales Page (e.g., monthly, quarterly, or annually). Your subscription will continue and you will be charged at each billing interval until you cancel your subscription in accordance with Section 2.7 of this Agreement. It is your responsibility to be aware of your billing dates and to cancel before the next billing cycle if you no longer wish to continue.
2.5.4. All prices listed do NOT include EU VAT. EU-based natural persons will also be charged VAT. EU-based companies must provide a valid VAT ID and the VAT will be reverse-charged.
2.5.5. Chargeback Provisions. Both Parties agree to take all the necessary measures in order to solve any dispute regarding payment amicably. The Client agrees not to initiate any chargeback for any amount already paid to the Service Provider, otherwise being bound to pay to the Service Provider a penalty of €5,000 EUR without any need for any further legal procedures and even if an eventual chargeback process was successful. The Client also understands and agrees that a positive solution in a chargeback dispute initiated by the Client is not to be considered final or binding and that the Service Provider has the right to recover any amount due by the Client through any legal means. Furthermore, for any time involved in disputes or handling issues of payment disputes, where the Service Provider is successful either in a chargeback dispute or in court, the Service Provider has the right to pursue the Client for costs incurred in terms of loss of business profits and administrative time, to be itemized by the Service Provider and billed to the Client at an hourly rate of 200 EUR per hour.
2.6.1. Subscription Products will continue to be billed at the applicable recurring interval indefinitely until the Client cancels their subscription in accordance with this Section.
2.6.2. How to Cancel. The Client may cancel their Subscription Product at any time by sending an email to [email protected] with the subject line "Cancellation Request" and including their full name and the email address associated with their account.
2.6.3. Cancellation Notice Period. The cancellation request must be received at least 24 hours before the Client's next billing date. Cancellation requests received less than 24 hours before the next billing date may not be processed in time, and the Client will be charged for the upcoming billing period. That charge will be non-refundable.
2.6.4. Upon successful cancellation, the Client will retain access to the Product until the end of the current paid billing period. No further charges will be made after cancellation is processed.
2.6.5. The Service Provider will confirm cancellation via email within 2 business days of receiving a valid cancellation request. If you do not receive a confirmation, please contact [email protected] again. It is the Client's responsibility to ensure their cancellation request is received and confirmed.
2.6.6. The Service Provider also has the right to terminate any subscription by notifying the Client via email before the next billing period.
2.7.1. Default Policy: No Refunds. Unless a specific guarantee or refund policy is expressly stated on the Sales Page of the Product at the time of purchase, all sales are final and non-refundable. This applies to both one-time Products and Subscription Products.
2.7.2. Subscription Renewals Are Non-Refundable. Once a subscription renewal payment has been processed, that payment is non-refundable under all circumstances. The Client's sole remedy is to cancel future renewals in accordance with Section 2.6.
2.7.3. Sales Page Guarantees. For certain Products, the Service Provider may offer a specific guarantee (e.g., a 7-day, 14-day, or 30-day money-back guarantee). Such guarantees will be clearly stated on the Sales Page at the time of purchase. If a guarantee is offered, the terms, conditions, and timeframe of that guarantee will be as described on the Sales Page and take precedence over the default no-refund policy of Section 2.7.1 solely for that specific Product.
2.7.4. Conditions for Guarantee Claims. Where a guarantee is offered on the Sales Page, the following conditions always apply:
a) The refund request must be submitted within the guarantee period specified on the Sales Page by emailing [email protected].
b) The Service Provider may require the Client to demonstrate that they engaged with and made a genuine attempt to use or implement the Product materials before approving a refund under a guarantee if this condition is specified on the sales page.
c) The guarantee applies only to the initial purchase. Subscription renewals remain non-refundable even if the initial purchase was covered by a guarantee. Approval of a refund does not automatically cancel any active subscription. The Client remains responsible for cancelling the subscription in accordance with Section 2.6 if they do not wish to be charged for future renewal periods.
2.7.5. If a refund is approved in accordance with Section 2.7.3 or 2.7.4, the Service Provider shall refund the purchase price minus: (a) all payment processing and transaction fees incurred by the Service Provider on both the original transaction and the refund transaction; (b) any applicable taxes, VAT, or government-imposed charges that have already been remitted or are non-recoverable; and (c) a non-refundable administrative processing fee of 10% of the original purchase price (or a minimum €5.00) to cover operational costs associated with processing the order and refund. The total deductions under this clause shall not exceed 25% of the original purchase price.
2.7.6. Upon any approved refund, the Client's access to the Product, the Learning Platform, and any associated materials will be immediately revoked.
2.7.7. Digital Product Acknowledgment. By purchasing a digital Product, you acknowledge that digital products are delivered immediately or made immediately accessible upon purchase. You understand that this immediate delivery constitutes performance of the contract and that you are waiving any statutory cooling-off or withdrawal rights that may otherwise apply to online purchases under applicable consumer protection laws, to the fullest extent permitted by law.
2.8.1. Rights & Obligations of the Service Provider
a) The Service Provider has the obligation to deliver the Products that make the object of the Order.
b) The Service Provider has the obligation to fully respect the terms and conditions of this Agreement.
c) The Service Provider has the right to terminate the Order if the Client doesn't complete the full payment within the agreed-upon timeframe or cancels their subscription. All unpaid fees are due and collectible at the time of termination.
d) The Service Provider has the right to terminate any subscription or revoke access to Products at any time if the Client violates these Terms & Conditions, engages in fraudulent activity, initiates an unauthorized chargeback, or behaves in a manner that is harmful to other users or to the Service Provider.
e) The Service Provider has the right to update, modify, or discontinue any Product at its discretion. For Subscription Products, material changes will be communicated via email.
2.8.2. Rights & Obligations of the Client
a) The Client has the obligation to provide the Service Provider with true and accurate information about their identity and payment details.
b) The Client has the obligation to fully respect the terms and conditions of this Agreement.
c) The Client MUST NOT, under any circumstance, share their login credentials or access to the Service Provider's Products, Learning Platform, or Community with any other third party. Doing so will result in a violation of the Service Provider's intellectual property and immediate termination of access without refund.
d) The Client has the right to receive the Products that make the object of their Order.
e) The Client has the right to access any Learning Platform or community access included in their Order for the duration of their access period.
f) The Client has the right to cancel a Subscription Product in accordance with Section 2.6.
2.9.1. The Service Provider retains all intellectual property rights for all original materials, content, methodologies, frameworks, course materials, coaching materials, templates, and other items or products made available to the Client. The Client agrees that it will not claim any interest or rights to the title of such materials.
2.9.2. The Service Provider grants the Client a limited, non-transferable, non-exclusive, revocable license to use and store just for the Client's own personal use and for non-commercial purposes any materials delivered as part of the Product, including but not limited to PDFs, documents, templates, worksheets, and training materials.
2.9.3. If the Client shares, resells, modifies for commercial purposes, or makes available to anyone else any material put at their disposal by the Service Provider, this will be a breach of the Agreement and the Service Provider's intellectual property, and the Client will be liable to pay the Service Provider damages.
2.9.4. If the Client requests a chargeback on any payment that has already been made to the Service Provider or otherwise fails to pay their dues, the Client forfeits the right to use any and all intellectual property provided by the Service Provider. Access will be revoked immediately. These rights will return to the Client only if and when the full payment is made to the Service Provider.
2.10.1. The Service Provider shall not be held liable for any incidental, consequential, indirect or special damages, or for any loss of profits, loss of business opportunities, loss of goodwill, loss of reputation or business interruptions caused or alleged to have been caused by the Products or their use. The Client agrees that, in the event the Service Provider is determined to be liable for any such loss, Client's sole remedy against The Service Provider is limited to the amount paid by the Client for the specific Product in question.
2.10.2. The Service Provider does not warrant or guarantee any specific level of performance, results, income, or outcomes for the Client. Examples of results obtained by other clients may be used for demonstrative purposes only and should not be construed as indicating any promised results or level of results.
2.10.3. The Service Provider is not responsible for results which are affected by the Client's failure to implement, follow through, or otherwise engage with the Product materials.
2.11.1. The Service Provider has the right to use the Client's first name, testimonial, or general results obtained (e.g., anonymized or with first name only) for promotional purposes, unless the Client expressly requests otherwise in writing.
2.11.2. If the Client provides a testimonial, review, or feedback in any format (written, audio, video, or through any communication channel), the Client grants the Service Provider a perpetual, non-exclusive, royalty-free license to use, edit for clarity, and display such material in promotional or public materials.
2.11.3. If the Client wishes specific material to be excluded from use, the Client must notify the Service Provider in writing at [email protected].
2.12.1. All communication from the Client to the Service Provider shall occur via email to: [email protected]
2.12.2. The Service Provider typically replies to emails within 24-48 hours, excluding weekends and Romanian public holidays.
3.1. By accessing the Service Provider's Learning Platform, the Client expressly agrees to these Terms of Use of the Learning Platform, the General Terms of Use of the Website, and the Terms for Placing & Receiving an Order.
3.2. The Service Provider grants the Client a limited, non-transferable, non-exclusive license to use and store just for their own use and for non-commercial purposes the training materials, worksheets, templates, and other resources made available through the Learning Platform.
3.3. The Client may NOT under any circumstances download or attempt to download the video and audio training materials (including their transcripts) unless a download option is expressly provided. If unauthorized downloading is detected, this will lead to the immediate termination of access and the Service Provider has the right to request damages for violation of its intellectual property rights.
3.4. The Client MUST NOT, under any circumstance, share their login credentials to the Learning Platform with any other third party. Doing so will result in a violation of the Service Provider's intellectual property, immediate termination of access without refund, and the Client acknowledges that the Service Provider will suffer damages as a result.
3.5. If the Client shares, resells, modifies for commercial purposes, or makes available to anyone else any material put at their disposal by the Service Provider through the Learning Platform, this will be a breach of the Agreement and the Service Provider has the right to stop the Client's access to the Learning Platform without further notice.
3.6. If the Client requests a chargeback on any payment that has already been made, or cancels a subscription through which they had received access to the Learning Platform, or otherwise fails to pay their dues, the Client forfeits the right to use any and all intellectual property provided by the Service Provider and access to the Learning Platform will be stopped. These rights will return to the Client only if and when the full payment is made.
4.1. The Service Provider reserves the right to immediately suspend or terminate your account or suspend your use of our website without any prior notice in case of any breach of these Terms and Conditions.
4.2. If you do not agree to these Terms and Conditions or with our Privacy Policy, you must immediately cease visiting or using the Website. Continuing to use the Website will represent your tacit agreement with all these provisions.
4.3. In case you need any clarification regarding our Terms and Conditions, do not hesitate to contact us at [email protected].