General Terms and Conditions — Moments (SaaS)

This is a translation of the Dutch Algemene Voorwaarden. In the event of any difference or inconsistency, the Dutch version prevails.

Version: 2026-10-17
Product: Moments — https://moments.business
Developer and provider: Learnable BV, trading as For The Dream

These terms apply to the professional use of Moments by businesses and organisations.

1. Definitions

In these General Terms and Conditions (the “Terms”), the following terms have the following meanings:

2. Identity of the Provider

Learnable BV (trading name For The Dream)
Company number / VAT number: BE 0733.680.680
Registered office: H. Hartlaan 21, 3550 Heusden-Zolder, Belgium
Contact and support: [email protected]
Product: https://moments.business

Moments is developed by Learnable BV. Learnable BV is the contracting party for the provision of the service.

3. Applicability

3.1. These Terms apply to any use of Moments, any Free Trial, any Subscription and any related quotation or confirmation, unless otherwise agreed in writing.

3.2. Deviations are only valid if accepted by Learnable in writing (including by email).

3.3. The Client's general terms and conditions do not apply, even if the Client refers to them in a PO or email, unless Learnable has expressly accepted them in writing (knock-out).

3.4. In the event of a conflict: (i) a signed SOW/custom work arrangement prevails for that custom work; (ii) the DPA prevails with regard to the processing of personal data as a processor; (iii) then these Terms; (iv) then website descriptions (which are for information purposes).

4. Description of the Service

4.1 Moments Essential

Moments Essential offers, within the functionality described on the site and within product limits, among other things:

• clocking in and out via the browser;
• recording with a location category: office / home / client site;
• own hours overview for team members;
• team overview for company admins;
• corrections with a mandatory reason and change history (audit trail);
• inviting and managing team members.

Essential also includes project insight, MCP tracking, a supported invoicing integration and Newsletter & Email Marketing for up to 200 active contacts and one send per month per company. These components are set up and activated per company. The included email bundle does not apply per team member. Support for an invoicing package and the specific set-up are agreed upon activation. A larger email bundle is agreed separately.

4.2 Moments Tailored

Moments Tailored comprises additional set-up and integration with the Client's internal operations, such as its own systems, workflow automation and specific AI support. Scope, planning, price and responsibilities are laid down in a proposal and/or Statement of Work (SOW). The MCP tracking and supported invoicing integration included in Essential fall under art. 4.1. Custom work does not fall under the standard Free Trial, unless expressly agreed otherwise.

4.3 What Moments is not / does not guarantee

Moments:

• is an obligation of means (reasonable efforts), not an obligation of result to achieve full legal or social security compliance;
• does not promise full legal compliance with current or future time registration obligations;
• does not provide an automatic RSZ (National Social Security Office) attendance declaration;
• is not a complete HR, payroll or legal compliance suite;
• does not guarantee uninterrupted availability (see art. 11).

The Client itself remains responsible for compliance with employment, social security and privacy legislation.

5. Formation of the Agreement

5.1. The Agreement is formed by:

• online creation of an Account and acceptance of these Terms (checkbox / clickwrap); and/or
• written or email confirmation by Learnable of a Subscription or custom work assignment; and/or
• the actual start of paid services following manual activation.

5.2. By using Moments, the Client confirms that it has taken note of these Terms and the Privacy Policy.

5.3. Learnable may refuse an application (e.g. incomplete details, suspected abuse, sanctions screening, technical reasons).

6. Free Trial

6.1. New Clients can try Moments free of charge for fourteen (14) days. No payment card required.

6.2. During the Free Trial, the Client can typically: clock in/out, view its own hours, use the team overview and make corrections as an admin, within the functionality available at that time.

6.3. After the Free Trial, the Account switches to read-only mode: available records can still be viewed and a running record can be stopped. New records and changes require an active Subscription.

6.4. No automatic payment starts. Does the Client wish to continue? It contacts us; the Parties confirm the number of paying accounts and Learnable activates manually.

6.5. Learnable may limit, extend or end the Free Trial in the event of abuse or for operational reasons.

7. Subscription, prices and invoicing

7.1 Price of Moments Essential

Unless otherwise agreed:

• €9 (nine euros) per team member per month, excluding VAT;
• cancellable monthly (see art. 15);
• the number of team members charged = the number of paying users/seats as confirmed upon activation and as subsequently adjusted, if applicable.

7.2 Moments Tailored

Price on proposal; invoicing according to the SOW/quotation (fixed price, time & material or hybrid).

7.3 Invoicing via Peppol

Invoices are issued as structured electronic invoices where the law requires it. For Belgian B2B transactions subject to that obligation, we use Peppol, unless the Parties validly agree on another legally permitted channel. For other invoices, the agreed delivery channel applies. The Client provides correct invoicing and Peppol details in good time. See also the official explanation of e-invoicing (in Dutch).

The invoicing entity is Learnable BV, H. Hartlaan 21, 3550 Heusden-Zolder, Belgium, company number / VAT number BE 0733.680.680. The specific payment and delivery details are stated on the invoice or confirmed upon activation.

7.4 Payment term

Invoices are payable within fifteen (15) calendar days of the invoice date, unless the invoice or a written arrangement states otherwise.

7.5 Late payment

If the payment term is exceeded, Learnable may, without prejudice to other rights:

• send a reminder;
• charge statutory or agreed late-payment interest and fixed recovery costs insofar as permitted;
• after prior notice, suspend access to Moments (including a return to read-only mode or blocking) until payment;
• terminate the Subscription in the event of continued non-payment.

7.6 Price changes

Learnable may change prices with notice (by email or in-product) of at least thirty (30) days before they take effect. If the Client does not agree, it may cancel with effect from the date on which the new price takes effect. Continued use after that date constitutes acceptance.

7.7 Taxes

All prices are exclusive of VAT and other levies. The Client bears applicable taxes, except where Learnable is legally required to collect them.

8. Account and Users

8.1. The Client warrants that Account details are accurate and up to date.

8.2. The Client is responsible for all activities under its Account and for the management of Users (inviting, roles, revoking access).

8.3. Login credentials are personal and non-transferable. The Client reports suspected misuse without delay.

8.4. Learnable may apply reasonable technical limits to, among other things, API calls, storage and the display of data.

9. Obligations of the Client

The Client shall:

1. use Moments only for lawful, professional purposes;
2. adequately inform Users (team members) about time tracking and privacy (as controller);
3. not carry out malware, scraping, reverse engineering (except where mandatory law permits), overloading or security testing without permission;
4. not infringe the rights of third parties;
5. not systematically facilitate inaccurate or misleading records in order to conceal breaches of law or contract;
6. discuss export/retention requirements before the start if the standard product limits are insufficient;
7. cooperate in good time with reasonable requests necessary for delivery or security.

10. Intellectual property

10.1. All rights to Moments (software, designs, trademarks, documentation, know-how) remain with Learnable or its licensors. The Client only obtains a limited, non-exclusive, non-transferable, revocable right of use for the duration of the Agreement, for internal use by Users.

10.2. Client Data remains the property of the Client (or its licensors). The Client grants Learnable a limited licence to host, process and display Client Data insofar as necessary for Moments, support, security and legal obligations.

10.3. Learnable may freely use feedback or suggestions without compensation, without identifying the Client as the source if confidential.

10.4. The Client may not use Moments content or trademarks beyond what is necessary for normal use without prior permission.

11. Availability and support

11.1. Learnable strives for reasonable availability of Moments (“reasonable efforts” / obligation of means). No hard SLA uptime guarantee applies to Moments Essential, unless otherwise agreed in writing.

11.2. Excluded from (any) availability expectation are, among other things:

• scheduled maintenance (announced in advance where possible);
• outages at Vercel, Supabase, Resend or other third parties;
• internet outages at the Client or Users;
• force majeure (art. 18);
• misuse or incorrect configuration by the Client.

11.3. Support is provided via [email protected]. Fixed availability hours or guaranteed response times only apply if agreed in writing. Response times are obligations of means, not guarantees of result.

12. Data protection (GDPR)

12.1. For personal data that the Client has processed through Moments, including team member data, time records, projects and mailing lists, the Client acts as controller and Learnable as processor. The DPA (Data Processing Agreement) applies and forms part of the Agreement when Moments is used for those purposes.

12.2. Learnable is the controller for its own CRM, invoicing, website and leads, as described in the Privacy Policy.

12.3. The Client guarantees a valid legal basis and compliance with information obligations towards Users.

13. Confidentiality

13.1. The Parties treat non-public information of the other Party as confidential and use it only for the performance of the Agreement.

13.2. Exceptions: information that is public without breach, was already lawfully known, has been independently developed, or must be disclosed by law or court order (with, where permitted, prior notice).

13.3. Obligations continue to apply until three (3) years after the end of the Agreement, and longer for trade secrets for as long as they remain secret.

14. Liability

14.1. Learnable is only liable for direct damage that is the direct result of an attributable failure, within the limits of this article.

14.2. Excluded (insofar as mandatory law permits): indirect damage, consequential damage, loss of profit, lost savings, loss of goodwill, loss or corruption of data (except insofar as caused by wilful misconduct or gross negligence and mandatory law), fines imposed by third parties or the government resulting from choices/obligations of the Client, and claims by Users against the Client.

14.3. Learnable's total liability arising from or in connection with Moments per event giving rise to damage (and in aggregate per year) is limited to the amount that the Client actually paid to Learnable for Moments (Essential subscription and, where relevant, the specific custom work project that caused the damage) in the twelve (12) months immediately preceding the event giving rise to the damage. In the case of a Free Trial without payment: a maximum of €100.

14.4. Nothing limits liability that cannot be limited by law (including wilful misconduct, and gross negligence insofar as mandatory).

14.5. The Client indemnifies Learnable against third-party claims (including by Users) arising from: (i) Client Data; (ii) unlawful use of Moments by the Client or Users; (iii) breach of the Client's employment or privacy obligations as employer/controller — unless the claim is solely attributable to a proven failure by Learnable in its obligations as processor.

15. Term and cancellation

15.1. The Moments Essential Subscription runs per month and is tacitly renewed per month, unless cancelled.

15.2. The Client may cancel with effect at the end of the current month by sending an email to [email protected] no later than the last calendar day of that month, stating the organisation and the Subscription concerned. A cancellation sent in time takes effect at the end of that month; Learnable confirms receipt. Periods already invoiced are not refunded pro rata, unless mandatory law or goodwill provides otherwise.

15.3. Learnable may cancel with effect at the end of a month with reasonable notice, or immediately in the event of a material breach, misuse, insolvency or legal impediment.

15.4. Upon termination: access to write functions ends; read-only mode or deletion in accordance with the product policy and the DPA. See art. 16 (exit).

16. Exit, export and retention periods

16.1. Honest product status: the current overview displays a maximum of the 200 most recent records for team members and 1,000 for admins. Full history and an export function are currently not a standard promise of Moments.

16.2. If the Client needs export, archiving or longer access, it discusses this before the start. Learnable examines feasibility; any additional services may be charged.

16.3. For as long as the Client remains a subscriber, its data is kept for the provision of the service. Upon termination, the Parties agree on the return or deletion in accordance with the Client's instructions, the Privacy Policy and the DPA. The expiry of a Free Trial or a block does not in itself lead to deletion. After deletion from the active environment, any backups remain in existence for a maximum of 24 hours, except for data that must be kept separately because of a legal obligation.

16.4. Learnable keeps the Client's invoicing data as a contracting party in accordance with statutory periods (under its own responsibility).

17. Changes to the Service or Terms

17.1. Learnable may improve or change Moments or (temporarily) restrict features. A material reduction of Essential functionality that the Client may reasonably expect is communicated in advance where possible.

17.2. Learnable may amend these Terms. The new version is published (version date) and/or communicated by email. Material changes take effect after at least fifteen (15) days' notice, unless a shorter period is necessary for legal or security reasons. Continued use after the effective date constitutes acceptance; in the event of an objection, the Client may cancel before the effective date.

18. Force majeure

Neither Party is liable for delay or failure due to circumstances beyond its reasonable control, including: natural disasters, war, terrorism, epidemics, strikes, power or network outages, outages of cloud providers (Vercel, Supabase and others), cyberattacks despite appropriate measures, or government measures. The affected Party informs the other as soon as possible. If force majeure lasts longer than sixty (60) days, either Party may terminate the Agreement without compensation, without prejudice to amounts already owed.

19. Miscellaneous

19.1. No assignment: the Client may not assign rights/obligations without the prior written consent of Learnable. Learnable may assign to an affiliated company or in the event of a business transfer, with notice.

19.2. Severability: the invalidity of one provision does not affect the remainder.

19.3. No waiver: failure to exercise a right does not constitute a waiver.

19.4. Entire agreement: the Agreement (as in art. 1) supersedes previous arrangements concerning Moments Essential, except in the case of fraud.

19.5. Evidence: electronic logs, confirmation emails and clickwrap acceptance constitute evidence between the Parties, subject to proof to the contrary.

19.6. Language: these Terms have been drawn up in Dutch. Translations are for information purposes only; the Dutch text prevails.

20. Governing law and competent court

20.1. The Agreement is governed exclusively by Belgian law, excluding conflict-of-laws rules that would lead to another law.

20.2. Disputes fall under the exclusive jurisdiction of the Enterprise Court of Antwerp, Hasselt division (Ondernemingsrechtbank Antwerpen, afdeling Hasselt), without prejudice to mandatory statutory jurisdiction.

21. Acceptance

By creating an Account, ticking the box to agree, starting the Free Trial or having a Subscription activated, the Client accepts these Moments General Terms and Conditions (version 2026-10-17).

Contact: [email protected]

Written or digital confirmation

In the case of a separate written or digital confirmation, the identity of the Client, the authorised representative and the time of acceptance are recorded in the order, activation or signing confirmation.

On behalf of Learnable BV: Kutlu Taskin Tuna, managing director (zaakvoerder).

Moments General Terms and Conditions · Learnable BV · BE 0733.680.680 · Version 2026-10-17