Welcome to Ivirr. These Terms and Conditions and End User License (the “Terms”) constitute a legal agreement between you and ITEERS IT Services trading as Ivirr of Gregorius Coolstraat 12, 5623BG Eindhoven, the Netherlands with KVK: 89173643 (“Ivirr”, “we”, “us”, or “our”) governing the use of our WEBSITE and our Services.

We license use of our WEBSITE to you on the basis of these Terms. We do not sell our WEBSITE to you, and we remain the owner of our WEBSITE at all times.

TERMS AND CONDITIONS

The provisions set out in these Terms govern your access to and your use of our WEBSITE and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our WEBSITE.

Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our WEBSITE on these Terms.

We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our WEBSITE or your Account at any time, or remove or edit content (including content submitted by you) on our WEBSITE or on any of our affiliated websites (including social media pages).

We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our WEBSITE or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our WEBSITE or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

WEBSITELE AND GOOGLE DEVICES LICENSE AGREEMENT

The following terms apply when you use our WEBSITE to access our webshop:

the License granted to you for our WEBSITE is limited to a non-transferable License to use our WEBSITE on a device that utilizes the Websitele iOS or Google operating systems, as websitelicable, and in accordance with the usage rules set forth in the websitelicable Website Distributor’s terms of service;

we are responsible for providing any maintenance and support services with respect to the WEBSITE as specified in the terms and conditions of this License or as otherwise required under websitelicable law, and you acknowledge that each Website Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the WEBSITE.

you must comply with websitelicable third-party terms of agreement when using the WEBSITE,

you acknowledge and agree that the Website Distributors are third-party beneficiaries of the terms and conditions in this License, and that each Website Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.

ACCOUNT AND PASSWORD

The Services are provided to via a dedicated account.

You are responsible for keeping your account confidential.

By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our WEBSITE, you agree and acknowledge that:

you have read the terms set out in these Terms and agree to be bound by and comply with them; and

you must be at least 16 years of age.

You are also responsible for any use of any account that you have access to, whether or not you authorised the use.

You will immediately notify us of any unauthorized use of your accounts.

You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised account.

ACCOUNT SUSPENSION AND TERMINATION

We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inwebsiteropriate, offensive or in violation of these terms.

We will determine, in our discretion, whether there has been a breach of our acceptable use requirements through your use of our WEBSITE. When a breach of this agreement has occurred, we may take such action as we deem websiteropriate.  

Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our WEBSITE, and may result in our taking all or any of the following actions:

immediate temporary or permanent withdrawal of your right to use our WEBSITE;

immediate temporary or permanent removal of any Services rendered;

issuance of a warning to you;

legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;

further legal action against you; and/or

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem websiteropriate.

IN-WEBSITE PURCHASES

In-Website Purchases require payment of fees before you can access or use them (“Fees”). These Fees will be notified to you through the WEBSITE and processes exclusively through the relevant Website Distributor.

Any Fees due in relation to your In-Website Purchases must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of the Services.

Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

You shall be responsible for any websitelicable taxes (including any goods and services tax) under these Terms.

All payments shall be made by using the payment methods specified by the relevant Website Distributor from time to time. You acknowledge and agree that you are subject to the websitelicable user agreement of any third-party payment methods and the relevant Website Distributor. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method.

We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

INTELLECTUAL PROPERTY

All Content included on the WEBSITE, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ivirr, our affiliates or other relevant third parties. By continuing to use the WEBSITE you acknowledge that such material is protected by websitelicable Dutch and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the WEBSITE unless otherwise indicated on the WEBSITE or unless given express written permission to do so by Ivirr.

Any intellectual property rights in content uploaded by you to our WEBSITE shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the WEBSITE.

You acknowledge that you have no right to have access to our WEBSITE in source code form.

NONEXCLUSIVE LICENSE

Ivirr grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the WEBSITE solely as necessary for you to use the Service; and

you will not (and You will not allow any third party to)

copy, modify, adapt, translate or otherwise create derivative works of the WEBSITE;

reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the WEBSITE, except as expressly permitted by the law in effect in the jurisdiction in which You are located;

rent, lease, sell, assign or otherwise transfer rights in or to the WEBSITE;

remove any proprietary notices or labels on the WEBSITE or placed by the Service;

use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the WEBSITE; or

use data labelled as belonging to a third party in the Service for purposes other than use of the WEBSITE and Service.

ACCEPTABLE USE AND CONTENT STANDARDS

These content standards websitely to any and all information and material which you post or upload on our WEBSITE (“Contributions”).

You must comply with the spirit of the following standards as well as the letter. The standards websitely to each part of any Contribution as well as to its whole.

Contributions must:

comply with websitelicable law, in particular, the laws of any country from which they are posted; and

be placed in the correct and websiteropriate categories.

You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licenses allowing you to upload and post the Contributions to and on our WEBSITE.

Contributions must not:

infringe any intellectual property right of any other person;

be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;

contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;

be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;

be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

give the impression that they emanate from us, if this is not the case; or

advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.

You may use our WEBSITE only for lawful purposes. You may not use our website:

in any way that breaches any websitelicable local or international laws or regulations;

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our WEBSITE in contravention of the provisions of our Terms; and

not to access without authority, interfere with, damage or disrupt:

any part of our WEBSITE;

any equipment or network on which our WEBSITE is stored;

any software used in the provision of our WEBSITE; or

any equipment or network or software owned or used by any third party.

We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.

Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.

UPLOADING CONTENT TO OUR WEBSITE

You irrevocably and unconditionally represent and warrant that any of your content uploaded to our WEBSITE complies with our Privacy Policy, with the Dutch GDPR Implementation Act (“UAVG”) and the EU`s General Data Protection Regulation (GDPR) and any other websitelicable laws.

You are fully responsible for your content uploaded to our WEBSITE. We will not be responsible, or liable to any third party, for:

the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our WEBSITE; or

the loss of any content or data provided to us by you. You should keep a record of all such content and data.

We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the WEBSITE.

We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our WEBSITE constitutes a violation of their rights under websitelicable law.

We have the right to delete any content uploaded to our WEBSITE if, in our opinion, it does not comply with the content standards set out.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the WEBSITE or making Contributions accessible to the WEBSITE you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the WEBSITE.

You are solely responsible for your Contributions to the WEBSITE, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion,

to edit, redact, or otherwise change any Contributions;

to re-categorize any Contributions to place them in more websiteropriate locations on the WEBSITE; and

to pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

TECHNICAL REQUIREMENTS AND RESPONSIBILITY

Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.

This websitelies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.

We do not guarantee that the services offered can actually be used with the User’s device.

WARRANTIES

While we make all efforts to maintain the accuracy of the information on our WEBSITE, we provide the Services, WEBSITE and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

You acknowledge that no Third Party is authorised to make any statement or representation for and on behalf of us.

To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our WEBSITE or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our WEBSITE, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

LIMITATION OF LIABILITY

We are not liable for the completeness, accuracy or correctness of any information uploaded on our WEBSITE and any Related Content. You expressly agree that your use of the Services and our WEBSITE, is at your sole risk.

You agree not to use the Services, our WEBSITE and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our WEBSITE or any other website or software) for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss or corruption of data or information;

loss of business opportunity, goodwill or reputation; or

any other indirect or consequential loss or damage.

Nothing in these Terms shall limit or exclude our liability for:

death or personal injury resulting from our negligence;

fraud; and/or

any other matter in respect of which we are prohibited under websitelicable law from limiting or excluding our liability.

Our WEBSITE is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our WEBSITE. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our WEBSITE which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

INDEMNITY

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our WEBSITE, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

These Terms and any document expressly referred to in it constitutes the entire agreement between us.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the Netherlands. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Eindhoven.