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NLdigital Terms

For comprehensive details regarding NLdigital Terms, please refer to the document provided via the following link NLdigital Terms

Terms of Use

HORAIZON Technology BV (KVK 62892789) located at Marshalllaan 2, 2625 GZ Delft (hereinafter referred to as: "Licensor") hereby grants the End User a License to use the MicrobeLink Application (hereinafter referred to as: "the Application") under the following conditions.

Additional Services : the Additional Services to be provided to those specific End Users on the basis of a further agreement between the Licensor and the End User.

Equipment: the telephone or other peripheral equipment on which the End User has installed the Application.

Basic Services: the Services that are standard available to all End Users of the Application.

Third parties: parties that perform Services and/or work on the Application on the basis of a further agreement with the Licensor for the benefit of the End User.

Service(s): offering or processing (current) information relating to nature (management) in the Application by means of remote communication techniques.

End User: the natural person who uses or wishes to make use of the Application.

Terms of Use: These Terms will be regularly reviewed and updated to ensure ongoing compliance with current laws and regulations, especially in areas like data protection and digital rights. Changes to these Terms will be communicated to End Users and will take effect after a notice period of 30 days.

Intellectual Property Rights : all intellectual property rights, including, but not limited to, copyrights, database rights, trademark rights, know-how and patent rights.

In-App Purchase: ordering Additional Services from the Licensor or Third Parties by means of the Application or making (other) purchases that are (partly) processed via the Application.

Application: the software developed by the Licensor including all Updates of the Application.

License: the right granted by Licensor to the End User to install, load, execute and use the Application on the Equipment, in accordance with these User Terms.

Support: support for End Users, providing answers to questions related to the use of the functionality of the Application.

Store: the online platforms operated by Third Parties through which the Application can be downloaded and purchases can be made or In-App Purchases are handled and processed, including in any case the iTunes App Store, Mollie, WooCommerce and Google Play.

User-Generated Content: all works and data generated by End Users that have been sent to Licensor (whether or not by means of the Application).

Updates: an improved version of the Application that fixes any bug or contains a change in functionality or new features.

Work(s): a work to which an Intellectual Property Right rests.

License and Terms of Use

• The Licensor hereby grants the End User a non-exclusive and non-transferable License to use the Application in accordance with these Terms of Use.
• The License for the Application has an unlimited duration, it being understood that it automatically terminates when the End User removes the Application from the Equipment.
• In the event of disputes regarding the validity of the License, the records of the Licensor and/or the Store are in principle binding, unless the End User provides proof to the contrary.
• The End User is not permitted to distribute, sell, copy, transfer, use for commercial purposes and/or lose control of the Application in any other way. The End User is not permitted to provide his account details for the Application, including in any case the password, to Third Parties.
• The End User is not permitted to make changes to the Application or parts thereof. The End User is further not permitted to ‘reverse engineer’ or decompile the Application or parts thereof, other than for those situations in which this is permitted under mandatory copyright law and on the condition that the End User has obtained prior written permission from the Licensor. Licensor is permitted to attach conditions to such permission.

• Services
  This section outlines the variety of services provided by the Licensor, including basic and additional services, and the terms applicable to these services
  • Licensor provides the Service to End User during the term of these Terms of Use.
  • Additional Services may be offered by Licensor or Third Parties. Licensor does not guarantee the availability of Third Party Service(s). The terms and conditions of Third Parties apply to the use of Third Party Services.
  • The Licensor will make every effort to realize the greatest possible availability of the Services. However, Licensor cannot guarantee that the Services will be continuously available. The Licensor will also make every effort to ensure that the information provided by means of the Services is correct, and that the relevant services are performed correctly. However, the Licensor cannot guarantee that all information/services provided are error-free, suitable for a particular purpose or suitable for normal use.
  • The End User can purchase In-App Purchases from the Licensor via the Licensor's website as well as through the Store Additional Services. Any additional terms and conditions stated with the relevant purchase apply to the use of Additional Services. The price for and the duration of the Additional Services will be determined in the relevant agreement.
  • The End User hereby requests that immediately after payment in the Store i.e. during the statutory termination period to start performing the Additional Services. End user accepts the termination conditions offered in the Store.
  • The End User can make suggestions to the Licensor for various Services to add, improve or remove certain information. Licensor will consider this User-Generated Content, but is under no obligation to follow such suggestions.
  • In delivering these Services, the Licensor commits to protecting user data, adhering strictly to GDPR guidelines and employing robust security measures.
  Duration, Termination and Effects of Termination.
  • This License Agreement is entered into for the duration of the License or the Service(s).
  • The Licensor may terminate this License Agreement with immediate effect and thereby deny the End User access to the Service by means of a block:
    • in the event that the End User fails to fulfill its obligations under this License Agreement;
    • in the event that the End User submits User-Generated Content on a more than incidental basis that is incorrect or contrary to the law, public order or morality;
    • If the Licensor deems the exploitation of the Application no longer profitable due to changed legislation or user needs;
  • Upon termination of this License Agreement on any ground and for any reason whatsoever all rights granted to End User under this License Agreement automatically expire and End User is obliged to remove the Application from its Equipment and keep it removed or destroy. All possible payment obligations of the (former) End User remain in existence and are due and payable.
  Maintenance and Updates
  • Licensor will only maintain the latest (current) version of the Application to the best of its ability and will do its utmost to correct any errors and to provide Updates.
  • Licensor may - insofar as it deems appropriate and desirable - develop Updates to the Application.
  • Users are strongly recommended to install all provided Updates to ensure optimal performance and security of the Application. The Licensor is not responsible for issues arising from the use of outdated versions.
  • Updates are distributed via the Licensor's website and/or the Store and the technology offered for this purpose by the providers of the Store.
  • The end user is not obliged, but is expressly recommended, to install or have installed all Updates. Licensor expressly points out that the Services may only function with the latest (current) version of the Application. Failure to install Updates may therefore lead to a loss of (or even complete lack of) functionality of the Application.
  Support
  • Licensor will provide Support to the End User free of charge.
  • Support is only provided for the latest version of the Application.
  • While Licensor will do its utmost to resolve any matter, Support is provided without any warranties. Licensor cannot guarantee that the answers given are correct.
  • Support is only provided via the Licensor's website and possibly via social media channels designated by Licensor. The End User can ask the Licensor questions via the website and/or social media and/or contact other users of the Application (via the forum).
  • Licensor does not provide Support for Third Party Services.
  • Support provided by the Licensor is intended to address common user inquiries and technical issues related to the latest version of the Application. It does not extend to personal customization or third-party services.
  • In view of the free nature of Support, the Licensor is entitled to no longer provide Support to End Users who rely excessively on Support.
  Intellectual Property and Indemnity
  • All Intellectual Property Rights in the Application, the User-Generated Content and the other Works rest solely with the Licensor, its Licensors or its suppliers. The End User only acquires the rights of use as expressly provided in these Terms of Use.
  • All Intellectual Property Rights in the User-Generated Content to the extent such rights exist are hereby irrevocably transferred by End User to Licensor. This transfer includes all (current and future) rights of the End User, including in any case the publication, reproduction, retrieval and reuse of the User-Generated Content in the context of the current and future exploitation of the Application and the Service. The end user also waives, to the extent permitted by law, all personality rights as referred to in Article 25 of the Copyright Act.
  • Insofar as the transfers and waiver of rights referred to in the previous paragraph cannot be (fully) effected, the End User hereby grants (additionally) an irrevocable and free license to the Licensor to use the User-Generated Content for the aforementioned purposes for an indefinite period of time, if the Intellectual Property Rights to the User-Generated Content belong to the Licensor and without the Licensor having to proceed to mention the name or respect any other personality right of the End User.
  • The End User is not permitted to remove or adapt any designation regarding copyrights, brands, trade names or any other right of intellectual or industrial property.
  • The Licensor is permitted to take technical measures to protect the Application and the Services or with regard to the agreed (use) restrictions with regard to the License. The End User is not allowed to remove or circumvent such technical measures.
  • Licensor indemnifies End User against claims by Third Parties based on the claim that the Application, Service or other materials originating from Licensor infringe Third Party Intellectual Property Rights, subject to the conditions that End User immediately informs Licensor in writing of the existence and content of that claim and the handling of the case, including the making of any settlements, entirely to the Licensor. The End User will provide all necessary cooperation to the Licensor for this purpose.
  • If there are serious suspicions that the Application or the other materials provided by Licensor to the End User infringe any Intellectual Property Right belonging to a third party, Licensor will in its opinion (a) adjust the Application/Service so that there is no more infringes the Intellectual Property Rights of those Third Parties, (b) provide the End User with comparable software/Services with comparable functionality that does not infringe such Third Party rights, (c) obtain at its expense a License from such third party with the following purpose that the End User can continue to use the Application or the Services, (d) or offer any other reasonable solution to the End User. Any other or further liability of the Licensor for violation of Intellectual Property Rights of Third Parties is entirely excluded.
  • Furthermore, to the extent permitted by law, the End User waives all moral rights to the User-Generated Content, facilitating its unrestricted use by the Licensor for any lawful purpose.
  Liability
  • The Licensor's liability is limited to direct damages proven by the End User, not exceeding the amount paid by the End User for the Services in the 12 months preceding the claim
  • The End User agrees to indemnify the Licensor against any claims or damages arising from their breach of these Terms, misuse of the Application, or any infringement of third-party rights due to their use of the Application
    • reasonable costs that the End User would have to incur to have the performance of the Application comply with the License Agreement however, this replacement damage will not be compensated if the agreement is dissolved by or at the initiative of the End User;
    • reasonable costs incurred to determine the cause and extent of the damage insofar as the determination relates to direct damage within the meaning of these terms and conditions;
    • reasonable costs incurred to prevent or limit damage, insofar as the End User demonstrates that these costs have led to limitation of direct damage within the meaning of these terms and conditions.
  • Licensor's liability for consequential damage, lost profits, cyber crime, lost savings, reduced goodwill, damage due to business interruption, damage as a result of claims by customers of the End User, mutilation or loss of data and all other forms of damage than those referred to in Article 9.1 are excluded.
  • Licensor's liability for attributable failure to comply with the obligations under this License Agreement arises in all cases only if the End User provides Licensor with a proper written notice of default, setting a reasonable term to remedy a failure, and Licensor also after that term imputably continues to fail in the fulfillment of its obligations. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that Licensor is able to respond adequately.
  • Licensor is in no way liable for any damage caused by Third Party Services.
  Guarantee
  • The Application, including Updates, as well as the related Service(s) are provided to End User ‘as is’ or in the state in which they are at that time. Licensor does not warrant that the Application nor the Services will function without interruption, be error-free or suitable for any specific purpose, or that the information provided will be complete, or that errors or other problems will be corrected in Updates or adjustments to the Service(s).
  • The Licensor expressly points out that the use of the Application and the Service(s) is the sole responsibility of the End User. More specifically, the Licensor points out in that context that the use of the Application and the Service is not permitted in certain circumstances, for example on private property. In addition, the End User is responsible for observing the traffic rules and/or rules that apply in the relevant (natural) area when using the Application.
  Privacy and processing of personal data
  • The Licensor employs industry-standard security measures to protect personal data, including encryption, access controls, and security audits
  • In the event of a data breach, the Licensor will promptly notify affected users and relevant authorities in accordance with GDPR requirements
  • The use of the Application and the Service(s) entails the processing of personal data (including location data). In this regard, the licensor is the controller within the meaning of the General Data Protection Regulation (‘GDPR’).
  • The use of the Application also entails that (temporarily or otherwise) data is stored on and read from the End User's Equipment.
  • The use of the Application and the Service(s) forms the basis for underlying processing of personal data.
  • The purposes of the relevant processing, as well as other information regarding this processing of (personal) data, can be read in the privacy statement of Licensor. The Licensor's privacy statement can be consulted here.
  • Licensor reserves the right to change the privacy statement from time to time. The most recent version of the privacy statement can always be consulted on the Licensor's website. The End User already agrees to such (minor) changes now for then, on the understanding that if this is required by law, the Licensor will ask the End User for (additional) permission before processing the personal data in accordance with a new privacy statement.
  Other
  • If any provision of the Terms of Use is held to be invalid or unenforceable by any competent judicial authority or administrative body, such invalidity or unenforceability shall not affect the remaining provisions of these Terms of Use and all provisions not affected by such nullity or unenforceability will remain in full force and effect.
  • The parties will attempt to replace any void or unenforceable provision with a valid and enforceable provision that approximates as closely as possible the economic, legal and commercial objectives of the provision found to be void or unenforceable.
  • These Terms of Use comprise the entire agreement between the parties. Additions or changes to these Terms of Use are only binding if they have been agreed in writing between the parties.
  • The End User will not transfer its obligations under these Terms of Use without the prior written consent of Licensor.
  • Licensor is entitled to transfer its rights and obligations under this License Agreement to a Third Party in the context of the transfer of business. Licensor is furthermore entitled to transfer its rights and obligations under these Terms of Use to a Third Party on other grounds, but in the latter case Licensor will be liable to End User for the fulfillment of the obligations by this Third Party. The End User now accepts such transfer by the Licensor and will provide all necessary cooperation.
  Force Majeure Clause
  • The Licensor shall not be liable for any failure to perform its obligations where such failure results from any cause beyond the Licensor’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.
  Entire Agreement Clause
  • These Terms constitute the entire agreement between the Licensor and the End User, superseding all prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
  Applicable law and competent court
  • These Terms of Use are exclusively governed by Dutch law. The Vienna Sales Convention does not apply. - All disputes arising from or related to these Terms of Use will in the first instance only be brought before the competent Dutch court.