End User License Agreement for Fjaere

1.  Scope of the license

1.1. Fjaere BV hereby grants to the legitimate acquirer of Fjaere ("you") a usage right for this App.
1.2. This license is personal. The App may be used only on the device onto which the App was downloaded and installed.
 
1.3. The purpose of the App is to provide a lifestyle service, while users are of course free to use Fjaere for any purpose within the boundaries of these terms and conditions and the law.

1.4. It is not permitted to:
•       decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law;
•       supply copies of the App to third parties;
•       sublicense the App or to make the App available to third parties, by rental, Software-as-a-Service constructs or otherwise;
•       modify the App, except to the extent permitted by mandatory law;
•       remove or make unreadable notices of Fjaere BV as copyright holder of the App.
 
1.5. You may make a backup copy of the App. You may however not use the backup copy on its own or distribute the same other than in combination with the original App.
 
1.6. In addition to the terms and conditions of the present document Apple's Appstore may set terms for the acquisition and use of the App, the making of in-app purchases and related matters.
 
1.7. In addition to the terms and conditions of the present document Google Play may set terms for the acquisition and use of the App, the making of in-app purchases and related matters.
 
1.8. To find out more, see the terms of use and privacy statement of Apple's Appstore, Google Play, and other terms and conditions identified on the website of this third party.
 
2. Intellectual property
 
2.1. All rights to the App, accompanying documentation and all modifications and extensions thereto rest and remain with Fjaere BV. You only acquire those rights and permissions that follow from this agreement or those that are granted separately in writing. You may not use, copy, or publish the App except as permitted.

3. Consideration
 
3.1.  In consideration for the usage right, part of the functionality of the App is for free. Usage of other parts of the functionality of the App you must pay a fee per period (In-app purchase). Fjaere BV will separately inform you about the period, pricing, and manner of payment.
 
3.2. Fjaere BV is entitled to adjust the fee once every calendar year. You will be notified at least two months in advance.
 
4. In-app purchases
 
4.1.  Fjaere allows the making of purchases within the context of the App. To make such in-ap purchases, Fjaere BV is dependent on the payment system operated by Apple's Appstore, Google Play, including the underlying payment systems from e.g., credit card processors. Fjaere BV is only required to effectuate an in-app purchase when this payment system has confirmed payment. As to in-app purchases you acknowledge that there is no right to revoke or cancel the purchase under the Distance Selling Act.
 
4.2. In-app purchases may have the purpose to extend the functionalities of the App. These upgrades are a fee per month acquisition.
 
5. Updates
 
5.1. Fjaere BV from time-to-time releases updates that may fix bugs or improve the functioning of the App.
 
5.2. Available updates shall be notified to you through notifications provided by Apple's Appstore, Google Play, but it is your responsibility to monitor these notifications. Updates are applied similarly through these platforms, which requires an active internet connection.
 
5.3.   Installing updates requires your separate consent. A proper application of updates requires the availability and good functioning of Apple's Appstore, Google Play, over which Fjaere BV has no control. Fjaere BV is not responsible or liable for an incorrect execution of updates. No liability exists for any damage because of bugs fixed in an update you did not install.
 
5.4.  An update can set terms additional to or different from the present document. You will be notified in advance, and you will be allowed to refuse such updates. Installing such an update constitutes your acceptance of the additional or different terms, which shall then be incorporated into this agreement.
 
6.  Personal data
 
6.1. The App processes your personal data. For more information consult the privacy statement that can be found in the main menu of the App.
 
7.  Support
 
7.1. You are solely responsible for installing and activating the App and the accompanying Web service.
 
7.2. You can provide feedback about the App via Apple's Appstore, Google Play, after which Fjaere BV shall evaluate your feedback and contact you if necessary
 
8. Guarantees and liability
 
8.1. Fjaere BV guarantees it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround (Fjaere BV may delay repairing bugs with limited impact until the next planned update); but nothing else.
 
8.2. Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above Fjaere BV is not liable towards you, regardless of ground, for any damages in connection with Fjaere.
 
8.3. No liability exists in case damages were not reported timely after discovery to Fjaere BV. In addition, no liability exists if the cause of damage is beyond the control of Fjaere BV (force majeure).

8.4. The App communicates via the internet with a server under control of Fjaere BV to provide the complete service. Fjaere BV uses its best efforts to always have this server available but makes no guarantees in this regard. From time- to-time Fjaere BV can make updates to the server, which may lead to a temporary unavailability. Fjaere BV will do its best to inform you in advance about unavailability. Everything in this document regarding updates, support and liability applies equally to the server.
 
8.5.  No liability exists for damages directly or indirectly resulting from incorrect functioning of Apple's Appstore.
 
8.6. No liability exists for damages directly or indirectly resulting from incorrect functioning of Google Play.
 
9. Term of the agreement
 
9.1. This agreement enters into force when you start use of the App and remains in force until terminated.
 
9.2. The agreement may be terminated by both you and Fjaere BV at any time by providing one month's notice.
 
9.3.  This agreement terminates automatically and immediately in case you enter bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter liquidation, legal dissolution or winding-up.
 
9.4. After termination of the agreement (regardless of reason) you must cease all use of Fjaere. In addition, you must remove all copies (including backup copies) of Fjaere from all computer systems under your control.
 
10. Miscellaneous terms
 
10.1. Dutch law applies to this end-user license agreement.
 
10.2. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Fjaere BV.
 
10.3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
 
10.4. Fjaere BV may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to Fjaere from it.