These terms apply to everything you buy from True Momentum (details in our Imprint) and form part of every contract with us. What each service includes is described on our website at the time you order; nothing else forms part of the contract. Your own purchasing terms do not apply, even if we do not object to them.
1. For businesses only
We do not sell to consumers. By ordering you confirm that you are buying for your business and are authorised to sign for it. Consumer rights, such as withdrawal periods for online purchases, do not apply. If an order turns out to have been placed as a consumer, we may cancel it and refund what was paid; no further claim arises from it.
2. How an order works
Our website is an invitation to order, not a binding offer, and we are not obliged to accept any order. You choose a service, enter your details, and see a summary before you pay, where you can go back and correct any entry. Your order becomes binding when you click the payment button. No contract arises until we confirm your order by email. If we decline, we refund any payment and owe nothing further. We may use subcontractors and technology providers, including AI services, to perform our work.
3. Prices and payment
Prices are in CHF and payable in advance. Fees are not refundable except where these terms expressly say so. We are not registered for VAT, so none is added; if that changes, VAT will be shown on future invoices. Any taxes, duties or withholdings outside Switzerland are yours, and payments to us are made without deduction. Late payment carries interest at 5% per year, and we may suspend our work until payment is received, without liability for the delay. You may not set off claims against our fees unless we have acknowledged them in writing or a court has finally determined them, and you may not withhold payment because of a disputed claim.
4. Subscriptions
Subscriptions renew monthly until you cancel. You can cancel at any time by email, effective at the end of the month you have paid for. We do not refund part-months, and unused services do not carry over. We announce price changes 30 days in advance; you may cancel before they apply. If you start a True Momentum Accelerator subscription within 30 days of your True Momentum Roadmap, we credit the Roadmap fee against your subscription. The credit is applied once, is not paid out in cash and cannot be transferred.
5. True Momentum Roadmap
We aim to deliver your Roadmap within 10 business days of receiving your completed True Momentum Brief. This is an estimate, not a fixed date; it starts only once we have everything we need from you, and we are not liable for delay caused by incomplete, late or unclear information. If you cancel before submitting the Brief, we refund the fee. Once you have submitted it, work has started and the fee remains due, unless you show that substantially less work was done. If we cannot deliver at all, we refund the fee, and that refund is your only claim.
6. What our work is — and isn't
Our analysis is AI-assisted and reviewed by a senior advisor before it reaches you. It supports your decisions; we do not take them, and we are not responsible for what you do with our work or for the results you achieve. We give no warranty, express or implied, as to the accuracy, completeness or fitness for any particular purpose of our analysis, and we do not promise any commercial result. Our work is not legal, tax, accounting, audit, investment or financial advice and is no substitute for it. We work from the information you give us, which we do not audit, verify or validate, and from public sources we do not control. Figures, benchmarks, scenarios and forecasts are estimates, not statements of fact. Our work reflects our assessment at the time of delivery and we are under no duty to update it. If you notify us of a factual error within 14 days of delivery, we correct it free of charge; that correction is your only remedy, and after 14 days the report counts as accepted.
7. Free tools
The True Momentum Checkup and any other free tool are provided as they are, without warranty of any kind. We accept no liability for their results or for any decision based on them, and we may change or withdraw them at any time without notice.
8. Your part
You give us accurate, complete and current information in good time. You confirm that you are entitled to share everything you send us and that doing so breaches no duty of confidentiality, law or third-party right. Do not send us personal data about employees, customers or others beyond what the analysis needs; where it is needed, you remain responsible for it as controller and we will conclude a data processing agreement with you on request. You indemnify us, including our reasonable costs of defence, against any claim by a third party arising from information you gave us in breach of this section or from the way you use our work.
9. Confidentiality, your data and our rights
Everything you share stays confidential, without time limit, as set out in our Privacy Policy, and we expect the same from you for our methods, materials and commercial terms. Your data remains yours; you grant us the right to use it to perform our work, and we may use what we learn in anonymised, aggregated form that does not identify you. Our methods, frameworks, templates, prompts and tools remain ours, including where they appear in a report; no rights in them pass to you. Once you have paid in full, you may use your report within your business without time limit. You may not resell, publish or share it outside section 10, use it to build or improve a competing service, or use it to train AI models. We may describe our work in anonymised form, and name you as a client only with your permission.
10. Reports are for you alone
Each report is prepared for you alone, for the purpose agreed, on the information available to us at the time. No one else may rely on it. We owe no duty of care and accept no liability towards any third party, including advisors, investors, lenders or buyers, whether or not we knew a report might be shown to them. You may share a report in confidence with such parties, but you do so on your own responsibility and you indemnify us against any claim a recipient brings.
11. Liability
As far as the law allows, our liability is excluded. We are not liable for indirect or consequential loss, lost profit, lost revenue or savings, wasted expenditure, loss of data, business interruption or damage to reputation or goodwill; nor for the slight negligence of our subcontractors and technology providers; nor for outages, errors or changes of third-party services, including AI, hosting and payment providers; nor for the transmission of data over the internet. Where liability cannot be excluded, our total liability for all claims arising from a service, on any legal basis, is limited to the fees you paid for that service in the 12 months before the event giving rise to the claim. Claims are forfeited unless notified to us in writing within 60 days of the day you became aware of them and brought before a court within 12 months of that day. Liability for intent, gross negligence and personal injury, and any other liability the law does not permit to be limited or excluded, remains unaffected.
12. Interruptions beyond our control
We are not responsible for delay or failure caused by events beyond our reasonable control, such as illness, government measures, or failures of cloud, AI or payment providers. If such an event lasts more than 30 days, either side may end the affected service and we refund fees for anything not delivered.
13. Ending the contract
Either side may terminate for good cause, in particular for a material breach that is not remedied within 14 days of notice. We may suspend or end a contract if payment is outstanding. Swiss law allows either party to end an advisory mandate at any time (Art. 404 CO); work already done remains payable, and we reserve compensation for termination at an inopportune time. Sections 8 to 11 survive the end of the contract.
14. Other
We may change these terms with 30 days' notice to subscribers, who may cancel if they disagree; the version in force when you order applies to one-off services. We may transfer contracts to a company that continues our business; you may not transfer yours without our written consent, and claims against us may not be assigned to third parties. Notices may be given by email to the addresses we use for the engagement. If a provision is invalid, the rest stands and is read with the valid wording closest to its purpose. These terms, the service description at the time of your order and any written order form are the whole agreement; no oral side agreements exist. Swiss law applies, excluding the CISG and conflict-of-law rules. The courts at our place of business (currently Küsnacht, District of Meilen, Zurich) have exclusive jurisdiction; we may also sue at your seat.