End user license agreement Grassfeld (web) App.
By using the app, you, the User, agree to the following terms of this License Agreement.
Last updated on June 31, 2024
EU-EN-V4.2.1
1.
Terms.
1.1
The following terms are used in this License Agreement:
- App: the mobile application or web application of Grassfeld;
- User: you, as the rightful acquirer of the App;
- License Agreement: the present End User License Agreement.
- Grassfeld: the limited liability company Grassfeld, located in Rotterdam, Wilhelminakade 173, 3072 AP, registered in the trade register of the Chamber of Commerce under number 66046203.
- Intellectual Property Rights: all intellectual property rights and related rights, including in any case copyrights, portrait rights, database rights, rights to domain names, trade name rights, rights to know-how, trademark rights, design rights, neighboring rights, source codes and patent rights.
- Update: a modification to the App.
2.
Scope of the license.
2.1
Grassfeld hereby grants the User an exclusive right to use the App. If applicable, any differences between the mobile and web apps are stated separately.
2.2
This license is personal. The App may only be used on the device on which it has been downloaded and installed, while the web app can and may be used from any device.
2.3
The app offers services related to personal finance, lifestyle and shopping, and digitization functions. Users are free to use the App for any purpose within the limits of the LOE and the law.
2.4
Users are not allowed to:
- Decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law;
- Provide copies of the App to third parties;
- Sublicense or make available the App to third parties by way of rental, Software-as-a-Service arrangements, or otherwise;
- Modify the App, except to the extent permitted by mandatory law;
- Remove or obscure any copyright notices of Grassfeld from the App.
2.5
The User may make a backup copy (a 'backup') of the Mobile Application. However, the user may not use this backup copy on its own or distribute it other than in combination with the original App. Article 2.4 applies accordingly.
2.6
In addition to this License Agreement, Apple's App Store or Google's Play Store may impose conditions on the purchase and use of the App, making in-app purchases, and related matters.
3.
Intellectual Property.
3.1
All Intellectual Property Rights in the App, associated documentation, and all modifications and extensions thereto are and shall remain vested in Grassfeld. The User only acquires those rights and consents that arise under this License Agreement or are granted separately in writing. The User may not use, copy or publish the App except as this License Agreement permits.
4.
Versions.
4.1
In return for the right of use, the User can choose between a free version or paying a periodic fee. The User acknowledges that the free version may have fewer features. Grassfeld will inform the User separately about the period and method of payment.
5.
Payments.
5.1
Grassfeld reserves the right to implement price changes, prompted by changing market conditions, for the cost of a subscription or in-app purchases. Grassfeld endeavors to inform the User before such price change.
Grassfeld is entitled to adjust the subscription rate at least once per calendar year. The User will be notified at least two months in advance.
5.2
Price changes for subscriptions, as mentioned in article 5.1, will take effect as of the next subscription period. If the User disagrees, the User can cancel in accordance with Article 10.2.
5.3
The App allows purchases to be made within the context of the App. To make such in-app purchases, Grassfeld is dependent on Stripe's payment system, Apple's App Store, and Google's Google Play, including the underlying payment systems of, for example, credit card processors. Grassfeld shall not be obligated to fulfill an in-app purchase until the payment system has confirmed the payment. With respect to in-app purchases, the User acknowledges that there is no right to revoke or cancel the purchase under applicable laws and regulations.
5.4
In-app purchases may be to expand the functionality of the App. These upgrades are a one-time purchase.
5.5
In-app purchases may be used to convert the app from a free version to a full version.
6.
Updates.
6.1
Grassfeld releases updates from time to time that may fix bugs or improve the app's operation. An update may include migration to a refreshed environment and/or visible changes to the app.
6.2
If an Update causes problems or disruptions, Grassfeld shall use its best efforts to resolve such problems as soon as possible in accordance with clause 8.1. Grassfeld shall not be liable for any damages resulting from such problems or disruptions, unless they result from wetness or gross negligence.
6.3
An available Update will be notified to the User via notifications from Apple's App Store and Google's Play Store. It is the User's responsibility to check these notifications. Updates are also performed via these platforms, which require an active Internet connection.
6.4
Installing an Update requires separate consent from the User. A proper App or Update requires the availability and proper operation of Apple's App Store and Google's Play Store, over which Grassfeld has no control. Grassfeld shall not be responsible or liable for any failure to perform Updates properly. There is no liability for any damages resulting from bugs fixed in an Update that the User did not install.
6.5
An Update may impose conditions that supplement or vary this License Agreement. The User will be notified in advance and may refuse such updates. Grassfeld shall not be liable for any damages resulting from the failure to perform an Update. By installing such Update, the User agrees to the additional or different terms, which will then be included in this License Agreement.
6.6
Grassfeld may from time to time invite the User to help test new features of the App. Participation in testing the App is voluntary. If the User participates in testing the App, the User acknowledges that in some cases this 'beta version' is not stable or may not be optimal.
7.
Personal Data.
7.1
The App processes personal data of the User. For more information, please refer to the privacy statement which can be found in the main menu of the App and on the Grassfeld website.
7.2
The User may share personal data stored in the App with third parties, such as friends, family or others. The User is responsible for managing the settings in the App and for sharing (personal) data with third parties.
8.
Support.
8.1
The User is solely responsible for installing, activating and using the App. Use of the App is at the User's own risk.
8.2
The User acknowledges that Grassfeld depends on the availability of linked third parties, such as financial institutions. Grassfeld is not responsible for the absence or inaccuracy of any data where Grassfeld depends on third parties.
8.3
The User can provide feedback on the App via Apple's App Store and Google's Play Store, after which Grassfeld will evaluate the feedback and contact the User if necessary.
9.
Warranties and liability.
9.1
Grassfeld warrants that it will endeavor to investigate reported bugs in the App as soon as possible and fix such bug or create a temporary solution. Grassfeld may delay fixing bugs with limited impact until the next scheduled update.
9.2
Except in cases of willful misconduct or gross negligence or the breach of any warranty granted above, Grassfeld shall not be liable to the User, on any ground whatsoever, for any damages in connection with the App, including the availability of the App, except for damages caused by negligence or gross negligence.
9.3
No liability shall exist if damage is not reported to Grassfeld promptly after discovery. In addition, no liability exists if the cause of the damage is beyond the control of Grassfeld (force majeure).
9.4
The App communicates via the Internet with a server under the control of Grassfeld to provide full service. Grassfeld endeavors to always have this server available but makes no warranties in this respect. From time-to-time Grassfeld may perform updates on the server, which may lead to a temporary unavailability of the App. Grassfeld will do its best to inform the User in advance of the unavailability of the App.
9.5
There is no liability for damages resulting directly or indirectly from the failure of Apple's App Store and/or Google Play Store to function properly.
10.
Duration of the agreement.
10.1
The License Agreement between the User and Grassfeld shall commence at the time the User starts using the App and shall remain in force until terminated.
10.2
Monthly subscriptions can be terminated at any time by either the User or Grassfeld with one month's notice. Provided a notice period applies. Annual subscriptions can be canceled by either the User or Grassfeld at any time and will terminate at the end of the subscription period. Subscriptions taken out in Apple's App Store and/or Google Play Store cannot be terminated by Grassfeld, only by the User himself.
10.3
This License Agreement shall terminate automatically and immediately if User goes bankrupt, applies for suspension of payments, User's assets are attached, User dies or if User goes into liquidation, legal dissolution or liquidation.
10.4
Upon termination of the License Agreement (regardless of the reason), the User must cease all use of the Grassfeld app. In addition, the User must delete all copies (including backup copies) of the Grassfeld app from all computer systems operated by the User.
11.
Miscellaneous conditions.
11.1
Dutch law applies to this License Agreement.
11.2
Unless otherwise required by mandatory law, all disputes arising in connection with this License Agreement shall be submitted to the competent Dutch court in Grassfeld's place of business.
11.3
A finding that any particular provision of this License Agreement is void by law shall not affect the validity of the entire License Agreement. The parties will then determine a replacement provision that is legally valid and approaches the purport of the challenged provision as much as possible.
11.4
Grassfeld may assign its rights and obligations under this License Agreement to a third party acquiring the relevant business or intellectual property rights.