Terms of Use

Terms & Conditions General terms 1. Definitions 2. Accessing our services 3. Fees, Billing and Taxes 4. Term & Termination 5. Tweaks & electronic Notices 6. The Service 7. Data & Security 8. Payment Services 9. Legal Stuff 10. General Provisions Marketplace terms 1. Definitions 2. Roles at a Glance 3. Marketplace Fees & Taxes 4. Seller do's and don'ts 5. Payment Services for Shopping Pacts 6. General Provisions Noona HQ terms 1. Definitions 2. Roles at a Glance 3. NoonaHQ Fees & Taxes 4. Subscription Cancellation 5. General Provisions General Terms Welcome to Noona! We're delighted to welcome you to our vibrant community, where service providers and end-users unite for a streamlined, feature-loaded experience through our applications and website. Noona boasts a fully-integrated marketplace, a user-friendly appointment booking and customer relationship management systems, point-of-sales solutions, and a whole lot more - all crafted to simplify and enrich your life (collectively "Services"). These terms of service ("Noona General Terms") are a legal agreement between Noona Labs ehf. (company number: 4503100690), registered at Katrinartun 4, 105 Reykjavik ("Noona", "us", or "we") and the entity or person who signs up to use our Services ("you", "your", or "user"). The Noona General Terms apply to your use of all Noona's Services unless otherwise stated. Please note that the terms of our Data Protection Addendum are incorporated into these Noona General Terms by reference. The Data Protection Addendum governs how we process personal data you provide to us. For more detail on how we treat your personal information, please read our Privacy Policy. 1. Definitions Throughout these Noona General Terms, the following phrases will have the meaning set out below, unless specified otherwise. "Adyen": Adyen N.V. "Applicable Laws": All laws which are applicable to the relationship between you and us in our provision of the Services. "Authorised Sidekicks": Your team of employees, agents, and independent contractors, or any other individual you've given permission to use our Services. "Business Day": Any day other than a Saturday, a Sunday, a public holiday, or a day on which banking institutions are closed in the relevant jurisdiction. "Data": Includes but is not limited to personal data, user content, and any other non-personal information collected by us including aggregated or anonymised information. "Additional Terms": Terms and conditions specific to the Service that you use. Additional Terms incorporate these Noona General Terms by reference. "Fees": All the fees applicable to the Services. "Items": Products and/or services provided by Sellers through the Services. "Marketplace Fees": The fees Noona charges Sellers for using the Marketplace. "Notices": Updates and messages from us to you delivered electronically or otherwise, including updates about these terms, fees, policies, invoices, and other customer communications. "Noona Account": A unique account that users can create to access the Services. "Payment": The settled Price Tag minus the Marketplace Fees and Payment Service Provider fees. "Payment Processing Services": The methods and systems used to facilitate seamless card transactions in the Marketplace. "Payment Service Provider": An entity providing payment services like payment processing and card acquiring to Noona and/or Sellers on the Noona Platform. "Price Tag": The purchase price of your Items, as determined by the Seller. "Seller(s)": The entrepreneurs or businesses who've joined Noona to market their goods or services to Shoppers. "Seller's Storefront": Details about the Seller's registered business as visible on the Marketplace. "Shoppers": Purchasers of Sellers' Items. "Shopping Pact": A contract established between a Seller and a Shopper for the Items sold through the Marketplace. "Taxes": Any and all present or future taxes, charges, fees, levies, or other assessments imposed by any domestic or foreign taxing authority. "Tweaks": Any amendments made to these Noona General Terms or applicable Additional Terms (including the Fees). "Teya": Teya Iceland hf. "User": The company, or the individual, using Noona Services. 2. Accessing our Services Account Registration: During registration, you will be asked to provide accurate and up-to-date information, including your name, email address, business name (if you are a business user), and any other details necessary for account setup. Account Verification: We may request additional information to verify your identity and your business, if applicable. Your account will be activated upon successful verification where necessary. Account Security: It is your responsibility to maintain the confidentiality of your Noona Account credentials and to notify us immediately if you suspect any unauthorised access to or use of your account. Account Updates: You must keep your Noona Account information accurate and up-to-date at all times. 3. Fees, Billing & Taxes Fees: The Fees payable by you vary depending on the Service you use and are set out in the applicable Additional Terms. By using our Services, you agree to pay any applicable Fees and Taxes. Billing: Fees may be collected by debit card, credit card, direct debit, or other available payment methods. You authorise Noona and its partners to collect the relevant Fees using those methods. Taxes: Unless otherwise stated, all Fees are exclusive of Taxes. You are responsible for determining, collecting, reporting, and remitting any Taxes connected with your use of our Services. 4. Term & Termination The Noona General Terms are effective upon the sooner of the date you accept them, register for a Noona Account, or first access or use the Services, and continue until terminated by you or us. Unless otherwise required by Applicable Law, we may immediately terminate the Noona General Terms or suspend or terminate your Noona Account or your access to the Services if you violate these terms, provide false information, or otherwise engage in fraudulent or illegal conduct. You may terminate the Noona General Terms or any applicable Additional Terms at any time by closing your Noona Account or by providing us with written notice. Termination does not affect your outstanding responsibilities and obligations, including all Fees, charges, and other payment obligations. 5. Tweaks & electronic Notices Tweaks: We may amend the Noona General Terms and the Additional Terms, or change, delete, discontinue, or impose conditions on use of the Services, at any time with a Notice. Electronic Notices: By accepting the Noona General Terms and any applicable Additional Terms, you agree that all Notices may be made electronically to the extent permissible by Applicable Law. 6. The Services Service Availability: The Services may occasionally be unavailable, limited in scope, or vary depending on your location or device. Service Updates: We may update the Services from time to time, but we are not obligated to provide updates or to guarantee ongoing support for every system version. License: We grant you a non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these terms and any applicable Additional Terms. You may not claim ownership of the Services, sublicense rights granted by us, use the Services in violation of Applicable Laws, or attempt to do any of those things. Intellectual Property: Between you and us, we and our licensors exclusively own all rights, titles, and interests in the Services and all related intellectual property. 7. Data & Security User Content: By uploading or making available any material or information through the Services or your Noona Account, you grant Noona a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sub-licensable right to use that User Content for providing or promoting our Services. You must not upload or disseminate material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, hateful, abusive, disruptive, or otherwise objectionable. Noona has no obligation to monitor User Content, but reserves the right to remove it at any time and for any reason without notice. Data Privacy: By using our Services, you confirm that you comply and will continue to comply with all Applicable Laws governing data privacy and your use of Personal Data. Data Use & Disclosure: Noona may use aggregated and anonymized Data for purposes such as promotion, service improvements, or sharing with business partners and third parties, provided such use complies with Applicable Law. 8. Payment Services We offer payment services to facilitate a trusted and secure business relationship between buyers and sellers. Our platform offers two types of payment services: - Businesses can accept online payments for services booked through the platform. - Businesses using our point of sale system can dispatch payment links to clients via SMS or through our marketplace app. To provide these services we process and store data on all transactions processed through the Noona Platform, including transaction amounts, user and business details, and the time of transaction. We never handle raw cardholder data directly. We use Adyen as our Payment Service Provider for all markets except Iceland. In Iceland, the Payment Service Provider is Teya. 9. Legal Stuff Warranties: To the fullest extent permitted by Applicable Laws, Noona provides the Services on an "as is" and "as available" basis and disclaims and excludes all representations, warranties, and guarantees, whether implied or express. Representations & warranties: By accepting these terms, you represent and warrant that you have the authority to enter into them, that you will comply with all applicable law, and that you will not use the Services for any fraudulent or illegal undertaking. Limitation of liability: Nothing in these terms excludes or limits any party's liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any liability that may not lawfully be excluded or limited. In no event will Noona be liable to you for loss of profit, loss of sales, loss of customers, loss of data, loss of reputation, indirect loss, consequential loss, or similar damages arising out of or relating to these terms or the Services. Indemnification: You agree to indemnify, defend, and hold Noona harmless from and against any claims, costs, losses, damages, tax assessments, penalties, and expenses arising out of your breach of these terms, your wrongful use of the Services, your violation of third-party rights, or your violation of Applicable Law. 10. General Provisions Assignment: These terms and any related rights and obligations may not be transferred or assigned by you without our prior written consent, but may be transferred and assigned by us without your consent. Entire agreement: These terms and any applicable Additional Terms constitute the entire agreement between you and us concerning your access to and use of the Services. Severability: If any provision is invalid or unenforceable under Applicable Law, it will be changed and interpreted to accomplish its objective to the greatest extent possible, and the remaining provisions will continue in full force and effect. Survival: Any provision reasonably necessary to accomplish or enforce the purpose of these terms will survive termination. No waiver: Our failure to exercise or enforce any provision does not constitute a waiver of that provision or right. Force Majeure: Neither you nor us will be held responsible for failure to perform due to circumstances beyond reasonable control, except this does not excuse Fees owed to us. Feedback: If you provide feedback, ideas, or suggestions, we may use that feedback without any obligations to you. Language: By agreeing to these terms, you acknowledge and agree that the terms, along with any associated documents and notices, will be in English. Disputes: These terms and any applicable Additional Terms are governed by and construed under Icelandic law. Unless otherwise agreed and as permitted by Applicable Law, disputes will be settled by the District Court in Reykjavik. Marketplace Terms These Marketplace Terms govern your use of Noona's Marketplace. When you access the Marketplace, you also agree to the Noona General Terms and the Data Processing Addendum. 1. Definitions Terms not defined in the Marketplace Terms have the meaning given to them in the Noona General Terms. 2. Roles at a Glance Noona offers a stage for Sellers to showcase and sell their Items on the Marketplace. Noona is neither a Shopper nor a Seller of the Items and is not a party to the Shopping Pact between a Seller and a Shopper. 3. Marketplace Fees & Taxes For every Shopping Pact successfully completed, the Seller must pay the Marketplace Fees laid out on our website. The Seller is responsible for determining and handling any Taxes connected with Marketplace use. 4. Seller do's and don'ts Sellers agree to: - Sell Items under fair and reasonable terms - Deliver Items within reasonable timeframes - Handle sourcing, storage, sale, and delivery with skill and care - Keep storefront details, listings, pricing, and stock information accurate - Respond promptly to inquiries, complaints, returns, and disputes - Comply with all Applicable Laws, including consumer protection, data protection, and tax rules Sellers must not: - Reverse engineer or disrupt the Marketplace - Spread viruses or harmful code - Share unlawful, harmful, defamatory, obscene, or infringing material - Sell, lease, or grant access to the Marketplace to others - Use the Marketplace in violation of these terms or Applicable Laws - Sell illegal, offensive, or prohibited Items - Sell Items that infringe third-party intellectual property or proprietary rights 5. Payment Services for Shopping Pacts Payment Processing Services for Marketplace Shopping Pacts are delivered by Adyen in all markets except Iceland, where they are delivered by Teya. If a Seller processes payments through the Marketplace, use of the Marketplace is subject to a successful application for a payout account with Adyen or Teya. For Icelandic sellers, Teya sends the Payment in accordance with Teya Payment Services terms. Disputes or refunds must be handled directly between the Seller and the Shopper. 6. General Provisions General matters not covered in the Marketplace Terms, including restrictions, obligations, term and termination, intellectual property, tweaks, assignment, data, indemnification, warranties, governing law, severability, force majeure, and disputes, are governed by the Noona General Terms. Noona HQ Terms These NoonaHQ Terms govern your use of NoonaHQ and all transactions between you and Noona. When you access NoonaHQ, you also agree to the Noona General Terms and the Data Processing Addendum. 1. Definitions "NoonaHQ": The Noona appointment booking system. "NoonaHQ Fees": The subscription fees Noona charges Sellers for using NoonaHQ. 2. Roles at a Glance NoonaHQ is a one-stop-shop where you can manage your bookings, sales, and customers. You are responsible for your site(s), your content, your Shoppers, and the Items and support you provide. 3. NoonaHQ Fees & Taxes NoonaHQ is offered on a subscription basis. Sellers pay a monthly fee based on the current price list unless otherwise agreed in writing. Extra costs may apply, including fees for text messages and partner services. Sellers can test drive NoonaHQ for the first 14 days without paying a monthly fee unless otherwise agreed in writing. After the trial period, the monthly subscription is billed in advance. For credit card billing, you must link a valid credit card to your Noona Account. For account sales, if approved, payment claims are issued via online banking and unpaid claims may result in blocked access. 4. Subscription Cancellation You can unsubscribe from NoonaHQ at any time by visiting hq.noona.app/settings. Previous payments, including the first payment upon confirmation of subscription, will not be refunded. 5. General Provisions General matters not covered in the NoonaHQ Terms, including restrictions, obligations, term and termination, intellectual property, tweaks, assignment, data, indemnification, warranties, governing law, severability, force majeure, and disputes, are governed by the Noona General Terms.