Terms of use

Last update: May 20th, 2019
 Version: 1.1

These Terms of Use constitute a valid and binding agreement between eBuddy B.V. and you, for the use of the eBuddy Services (as defined below). The Terms of Use are applicable to all eBuddy Sites, eBuddy Applications (“apps”), and/or eBuddy Services offered by eBuddy B.V. including, but not limited to: eBuddy.Lock, eBuddy.com, (collectively called “eBuddy Services” or the “ Service”). By using any of the eBuddy Services you acknowledge and agree to be bound by the terms of these Terms of Use. Moreover, the use of eBuddy Services is also governed by eBuddy’s Privacy Policy that can be found on: http://www.ebuddy.com/privacy.html. The terms of eBuddy’s Privacy Policy are considered a part of, and incorporated into this agreement. eBuddy reserves the right to revise the Terms of Use with or without notice to you at any time. When you continue to use the Service after the terms are updated, it means that you accept all the posted changes.

1. License

Subject to these Terms of Use, eBuddy hereby grants you a limited, personal, non-exclusive, non- assignable, non-transferable license to use the Service, to download and install the eBuddy Applications and access and use the Service on one of more devices for the purpose of using the Service for personal and non-commercial use. You will not sell, assign, rent, lease, copy, distribute, export, import or act as an intermediary or provider, or otherwise grant rights to third parties with regard to the eBuddy Services or any part thereof. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the eBuddy Services or any part thereof, unless mandatory law explicitly determines otherwise.

2. Provision of personal information

You agree and acknowledge that in order to use the Service you may be required to provide eBuddy with personal data such as your telephone number as well as the telephone numbers of third parties you wish to connect with. If you decide to create an eBuddy ID you will also provide other personal data. You guarantee that all information you provide to eBuddy is accurate, true and complete. You are therefore not allowed to, inter alia, use telephone numbers of other people without their prior consent and/or to create an account in the name of someone else. You yourself are responsible and liable for all use that is made of the Services through your devices and/or your Account. As soon as you know or have reason to assume that a your device and/or your account has come into the hands of unauthorised persons, you should inform eBuddy of this notwithstanding your own obligation to take immediate effective measures yourself such as for instance changing your password. The personal data provided by you will be processed in accordance with the eBuddy Privacy Policy which you can find here: http://www.ebuddy.com/privacy.html. eBuddy is not responsible and can not be held liable for any unauthorized access and/or use of your eBuddy ID and/or the Service through your device.

3. Local law

eBuddy makes no guarantee that the Service is appropriate to use in locations outside the Netherlands. You are solely responsible for whether your use of eBuddy Services complies with your local law. The laws of the Netherlands apply to all use of the Service as well the agreement between you and eBuddy Any and all disputes which may arise out of and/or are in connection with this agreement or the use of the Service or visiting eBuddy shall be submitted to the competent Court of Amsterdam, the Netherlands unless another competent court has been prescribed by mandatory (international) legal rules.

4. Acceptable use policy

You agree that you solely use eBuddy Services for lawful purposes. You acknowledge and agree that eBuddy merely offers you the technical possibility to publish, share or transmit content and information. eBuddy has no knowledge of these communications and/or content and therefore accepts no responsibility or liability for any communications and/or content published, shared and/or transmitted by means of the Service. You acknowledge and agree that you remain solely responsible and liable for the communications and content that you share or transmit using the eBuddy Services and that you hold all (intellectual property) rights in the content and/or communications shared, published or transmitted by means of the Services or that you have obtained the permission from the third party that holds the (intellectual property) rights. You may not use the Service to do any of the following:

• send any unsolicited mass mailings (e.g., “spam” or “spim”);
• collect or store personal information from other users other than the information collected during the normal course of using the Service. (e.g. “phishing”);
• threaten or harass any person or entity;
• infringe on any other user’s and/or third party’s (intellectual property) rights;
• expose any person to material that is obscene, unlawful, defamatory, libelous, hateful, racially or ethically offensive, harmful to minors, illegal or encourages criminal behaviors;
• impersonate another person or entity;
• send any material containing Trojan horses, viruses, worms or other harmful or destructive items;
• breach these Terms of Use; or
• commence or encourage any activity that breaches the law, public morality or public order.

Furthermore, you may not do any of the following:

• hack or gain unauthorized access to any eBuddy server, network or hardware of eBuddy or any other person or entity
• use the Service in any way that could overload, damage, disable, disrupt or harm the Service or any eBuddy server, or the network(s) associated to any eBuddy server or interfere with any other user’s use of the Service;
• adapt, modify or reverse engineer any of our systems or protocols;
• launch or use any automated system, including but not limited to “spiders”, “robots”, “load testers” etc. that sends more messages to the eBuddy servers in a certain time frame than a person can reasonably produce in the same amount of time using the eBuddy Services;
• register user accounts using any automated process; or
• reformat, resell, or redistribute the Service in any way without the explicit consent of eBuddy in writing.

You agree that eBuddy might force limits on the use of eBuddy services and/or terminate your use in order to ensure “fair use” and guard the eBuddy Services and its network. Please be advised that other users may use the content and/or communications shared, published and/or transmitted by you by means of the Service. eBuddy can not guarantee that other users will use your content and/or communications in accordance with these Terms of Use and/or that your content and/or communications will be kept private.

5. Third parties

You acknowledge that the availability of the Service can be dependent on third party app stores such as the Apple App store, Blackberry Appworld or the Android market. You agree that your license to use eBuddy relies upon your compliance with all applicable third party licenses. Furthermore, you agree to pay all license fees (if any) charged by the respective app store.

6. Limitation of Liability

eBuddy does not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service including, but not limited to damage resulting from or in connection with the use of the Service or the impossibility of using it and/or pursuant to an unlawful act or otherwise insofar as this is allowed under mandatory law. The only remedy that you have if you think that you have suffered damage is to discontinue the use of the Service and/or to cancel your account. In the event that eBuddy is liable for damages under applicable mandatory law, it can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Use and/or resulting from an unlawful act of eBuddy. Direct damages in this respect exclusively mean:

1. all reasonable costs incurred by you in order to have eBuddy perform its obligations under the Terms of Use;
2. all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
3. all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this paragraph.

The total compensation to you for any direct damages as meant in this paragraph shall in no event exceed EUR 1.000,--. To the maximum extent permitted by applicable law, in no event shall eBuddy be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Services), even if eBuddy has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to eBuddy’s willful intent or gross negligence. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

7. Disclaimer of Warranty

The eBuddy Services are provided “as-is”. You agree that the use of the eBuddy Services is at your sole risk to the maximum extent permitted by law. eBuddy disclaims all warranties, whether statutory, express or implied with respect to the eBuddy Services including but not limited to the performance, fitness for use, merchantability, title, non-infringement, quiet enjoyment or accuracy of the Service. eBuddy does not warrant that the eBuddy Services will meet your requirements, will be available on a timely, uninterrupted secure or error-free basis or that the Service will operate without message or packet loss. Furthermore, eBuddy does not warrant any connection (mobile or fixed) to the internet nor does eBuddy warrant the reliability, quality or accuracy of the Service. eBuddy is entitled to put the Services (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you if in eBuddy’s opinion this is necessary for instance in connection with the reasonably required maintenance of the Service. eBuddy is entitled without any prior notification, to apply procedural and technical changes and/or improvements to the Service.

8. Indemnity

You agree to indemnify, defend, and hold eBuddy and its related companies and agents, partners, officers, co-branders, and employees harmless from and against any claim or demand made by any third party due to or arising out of your use of the eBuddy Services, your connection to eBuddy, the communications and/or content shared, published and/or transmitted, your breach of the Terms of Use or Privacy Policy, or your violation of any rights of other users. This indemnification shall include the reasonable attorneys fees incurred in the defense of such claim.

9. Termination of access to the eBuddy Services

eBuddy may at any time, without prior notice to you, terminate the agreement between you and eBuddy by suspending, restricting or terminating your access to the Service at any time for any reason. Furthermore, eBuddy has the right to terminate any eBuddy Services if eBuddy determines in its sole discretion or has good faith that the use of the eBuddy service is unlawful and/or prohibited by these Terms of Use. eBuddy reserves the right to cancel user accounts that have been inactive for an extended period of time. You are entitled to terminate the agreement between you and eBuddy at any time by discontinuing the use of the Service and/or to terminate your eBuddy ID. Upon termination of the agreement between you and eBuddy for any reason all licenses and rights to use the Service shall terminate and you will cease any and all use of the Service. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement between you and eBuddy including without limitation, all of your representations, warranties and indemnification obligations.

10. Ability to accept Terms of Use

It is important that, depending on the country you are in, special legal rules may apply to children and minors. If you are under sixteen (16) years of age, you should discuss these Terms of Use and the Privacy Policy with a parent or legal guardian and ensure that they agree with these before using any of the eBuddy Services. If you are under sixteen (16) years of age and you do not have this consent from a parent or legal guardian, you should not use any eBuddy Services. Please be advised that in your country of residence other age restrictions may apply. No part of the Service is directed or structured to attract children under the age of thirteen (13). eBuddy does not intentionally gather information from visitors or users who are under the age of thirteen (13).

11. Copyright and trademarks

All intellectual property rights with regard to the Service, including but not limited to the intellectual property rights to the texts, images, design, photographs, software, audiovisual material and other materials are vested in eBuddy and/or their licensors. “eBuddy”, “eBuddy.Lock” and the eBuddy logo are registered trademarks of eBuddy B.V. All content included on eBuddy, such as text, graphics, logos, button icons, images and software, is the property of eBuddy and protected under (among others) international copyright laws. It is not allowed to remove, make illegible, hide or change notices with regard to intellectual property rights. Nothing in these Terms of Use is meant to assign any intellectual property rights to you. You shall not perform any acts which may infringe upon the intellectual property rights of eBuddy such as registering domain names or trademarks or using GoogleAdwords which are similar or identical to any object of which eBuddy has the intellectual property rights. The database of eBuddy is to be regarded as a database within the sense of Section 1, opening sentence and under (a) of the Dutch Databases Act [Databankenwet]. eBuddy is the producer of this database and in that capacity has the exclusive right to grant consent for the use of data from this database. You may only use data from the database insofar as use is allowed pursuant to these Terms of Use and for the performance of the Service and you are not allowed without the prior written consent of eBuddy to retrieve and re-use a substantial part of the contents of the database(s) and/or retrieve and repeatedly and systematically re-use non-substantial parts of the contents of the database(s) within the sense of the Databases Act.

12. Miscellaneous

Any clause of the Terms of Use or Privacy Policy declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.