End User Agreement
Updated 21 march 2024.
Clause 1 Applicability Terms of Use
These terms of use (hereinafter: 'Terms of Use') apply to theuse of the application that has been developed by Recharge360 B.V.(hereinafter: 'Recharge360'). User can download these Terms of Use from thewebsite www.recharge360.com. User may also request a written copy fromRecharge360 at the address stated in Clause 2 under the definition ofRecharge360.By using the App, User agrees to these Terms of Use.If the Appmakes use of the services of an External Provider, the general terms andconditions and the privacy and cookie policy of the External Provider concernedapply as well. Recharge360 is not responsible for the services of thirdparties.
Clause 2 Definitions
App: the mobile application named Recharge360 that Recharge360makes available to Users to be used on mobile equipment with an Apple or Googleoperating system, including any updates.User: the natural person who uses the App. User Agreement: theagreement entered into by registration and to which these Terms of Use apply. External Provider: any legal person, including social media(Facebook, Instagram, Twitter, etc.), not being Recharge360, that processesdata at the request of User, for instance to share such data with thirdparties. Recharge360: Recharge360 B.V., with its registered office atOverschiestraat 65 in Amsterdam, the Netherlands, registered with the Chamberof Commerce under number 90039238. Peripheral Equipment: the equipment, including a smartphone ortablet, that is used to make use of the App, including its operating system.Content: all data (including images and sounds), services,software, files, ideas or other information that can be accessed via the App.Terms of Use: these general terms of use.
Clause 3 Right of use of App
To use the App, User must download the App from the Apple AppStore, Google Play Store or another digital platform. Recharge360 grants User anon-exclusive, non-sublicensable and non-transferable right to use the App forpersonal, non-commercial use from the moment of registration for the durationof the User Agreement. Any other use requires the prior written consent ofRecharge360. Use of the App is at your own expense and risk. User guaranteesthat he/she will only use the App with due observance of the Terms of Use. Useris not permitted to use the App in a way that could be detrimental toRecharge360. The App may also not be used for acts and/or conduct that violatesapplicable laws or regulations, public decency, public order or the rights ofthird parties, or for acts via the App that cause nuisance to Recharge360and/or third parties, including the distribution of threatening, (sexually)intimidating, defamatory, obscene, pornographic, discriminatory or othercomparable Content that by general standards may be regarded ascontroversial.User's account is automatically set to 'private'. User is advisedto set his/her account to ‘public’ if user wants to access the teamfunctionality. User is not permitted to make the App available to a third party(including making log-in details available), or to sell, rent out, reverseengineer or modify it without the prior written permission of Recharge360. Useris also not permitted to remove or circumvent or procure the same in respect ofany technical facilities that are intended for the protection of the App.Recharge360 will make every effort to keep the App functional for the benefitof the User but does not guarantee that the App will always be available andwill always work flawlessly in the future.
Clause 4 Application and registration
To be able to use the App, it must be downloaded. User mustthen register as a User of the App by following the instructions concerned. Thedetails requested in this process, such as name and email address, arenecessary to be able to use the App.If User is under 18 years of age, use ofthe App requires the consent of a parent or legal representative. By using theApp, you warrant that you are 18 years of age or older or have the consent of aparent or legal representative.
Clause 5 Costs
User will itself bear the costs of purchasing and using thePeripheral Equipment and connections (mobile and/or wireless internet) that arerequired to use the App.
Clause 6 Equipment and connections
The App will only function with the necessary PeripheralEquipment and (internet) connections. To be able to continue using the App,User must itself ensure that he/she has the necessary Peripheral Equipment andconnections.To prevent abuse and/or malfunctions and other problems, Usershould ensure that the Peripheral Equipment and connections are sufficientlysecured, for example against unauthorized use by third parties and viruses.Userguarantees Recharge360 that the Peripheral Equipment and connections used donot cause any damage to Recharge360 or third parties and do not harm the rightsof Recharge360 and/or third parties. Recharge360 will not be liable for anydamage or costs arising from his/her Peripheral Equipment or connectionsincluding - but not limited to - damage as a result of non-delivery, delay,manipulation or interception of the delivery of electronic messages and/or thefunctionalities of the App, or if the App otherwise does not function properly,and any damage resulting from the same.
Clause 7 Privacy
When processing personal data, Recharge360 complies with theapplicable regulations, including the General Data Protection Regulation. Theway in which Recharge360 deals with the personal data of Users is described inthe Privacy Statement regarding the Recharge360 app.
Clause 8 Intellectual Property
The App and the Content, the data, images, sounds, texts andcombinations thereof included in it, as well any other software are protectedby copyright, database rights and other intellectual property rights. Theserights are vested exclusively in Recharge360 or its licensors. Without theprior written permission of Recharge360, it is not permitted to copy anypart/Content of the App or to disclose, commercially exploit or use it in anyother way in any processed or unprocessed form.If, in Recharge360's opinion, itis likely that the App infringes any right of a third party, Recharge360 isentitled, at its own discretion, to either make equivalent content available orto cease providing the App with immediate effect. Any further-going liability,obligation to perform and/or obligation to pay damages is excluded.
Clause 9 Liability/Disclaimer
Recharge360 does not provide any guarantee regarding theuse of the App or its Content and accepts no liability for any damage orinjuries of any kind arising from the use of the App or its Content.Recharge360 does not guarantee that the App will function at all times andwithout malfunctions. Recharge360 reserves the right to (temporarily) renderthe App inoperative in whole or in part in connection with the performance ofmaintenance work or modification work.Despite the constant care and attentionpaid to the composition of the App, Recharge360 cannot guarantee thecompleteness or correctness of the Content, or that it is always up-to-date.Recharge360 does not accept liability for any direct or indirect damage, ofwhatever nature, that arises from or is in any way related to the use of theApp/Content, the (un)availability of or errors in the App or the Content asmade available, or of software, downloads or other data files, and products andservices purchased via the App or by other means.Recharge360 is not liable forthe availability of (mobile) internet and/or the functioning of the PeripheralEquipment used by the User.The above exclusions of Recharge360's liability alsoapply to all auxiliary persons and third parties engaged by Recharge360.
Clause 10 Disclaimer
User is himself/herself responsible for seeking medical advicebefore participating in the App.The information in the App cannot be used as asubstitute for medical or other professional care or information and is notintended as an aid to (self) diagnosis. In case of (acute) medical questions,pregnancy, complaints or symptoms, contact your own (general) medicalpractitioner or other healthcare professional.
Clause 11 Termination of use /modification of functionality
If User no longer wishes to use the App, Usercan remove the App from his/her device by uninstalling it. Recharge360 isentitled to delete data, deny further use of the App, terminate the right ofuse, impose restrictions on the use of the App, and/or block access to the Appin whole or in part, temporarily or permanently, without giving any reasons.Recharge360 is at all times entitled to modify the Content of the App and/orthe rates that apply to the App (including but not limited to charging a feefor downloading the App).Recharge360 has at all times the right to modify thefunctionality offered by the App in order to improve or modify thefunctionality and to correct errors, as well as to make available and/orimplement updates and upgrades at its own discretion.
Clause 12 Apple
In addition to these Terms of Use, the terms andconditions as stated in this Clause apply when using Apple equipment and/orsoftware.Apple Inc. ("Apple") is not a party to the Agreement and isnot responsible for the App and the Content. Insofar as Apple's applicableterms of use and conditions - available at www.apple.com - exceed or conflictwith what is stated in these Terms of Use, those applicable terms of use takeprecedence over these Terms of Use.The right of use in Clause 3 of these Termsof Use is limited to use of the App on Peripheral Equipment that has beenauthorized by Apple, and in accordance with Apple's applicable terms andconditions.Apple is under no obligation to provide any maintenance and supportservices in connection with the App.Apple will not be responsible or liable forany direct or indirect damage or costs of you or third parties, for any reasonwhatsoever, as a result of an infringement of intellectual property rights ofthird parties or a breach of applicable product liability law, consumer law orany other applicable legal provision.By accepting these Terms of Use, Userconfirms that he/she (i) is not resident in a country that is subject to anembargo issued by the competent authorities of the United States or which hasbeen designated by the competent authorities of the United States as a"terrorist supporting country", and (ii) is not on any list of"prohibited or restricted parties" drawn up by the competentauthorities of the United States.Without prejudice to the provisions of section6:145 of the Dutch Civil Code, User agrees that Apple is a third partybeneficiary of the Terms of Use and that Apple has the right to enforce theprovisions of the App Terms of Use and in its own name as if Apple were
Clause 13 Google
In addition to these Terms of Use, the terms and conditions asstated in this Clause apply when using Google equipment and/or software.GoogleInc. ("Google") is not a party to the Agreement and is notresponsible for the App and its Content. Insofar as Google's applicable termsof use and conditions - available at www.google.com - exceed or conflict withwhat is stated in these Terms of Use, those above-mentioned applicable terms of use takeprecedence over the App Terms of Use.The right of use in Clause 3 of theseTerms of Use is limited to use of the App on Peripheral Equipment that has beenauthorized by Google, and in accordance with Google's applicable terms andconditions.Google is under no obligation to provide any maintenance and supportservices in connection with the App.Google will not be responsible or liablefor any direct or indirect damage or costs incurred by you or third parties,for whatever reason, as a result of the infringement of intellectual propertyrights of third parties, or a breach of applicable product liability law,consumer law or any other applicable legal provision.By accepting these Terms,of Use, User confirms that (i) he/she is not resident in a country which issubject to an embargo issued by the competent authorities of the United Statesor which has been designated by the competent authorities of the United Statesas a "terrorist supporting country" and (ii) he/she is not on anylist of "prohibited or restricted parties" issued by the competentauthorities of the United States.Without prejudice to the provisions of section6:145 of the Dutch Civil Code, User agrees that Google is a third partybeneficiary of the Terms of Use and that Google has the right to enforce theprovisions of the App Terms of Use and in its own name as if Google wereRecharge360.
Clause 14 Applicable law and jurisdiction
These Terms of Use, the use of the App and any disputes arisingtherefrom or related thereto are governed exclusively by Dutch law.Any disputesarising from the Terms of Use or the use of the App will be submitted to theexclusive jurisdiction of the courts of Amsterdam, the Netherlands.Recharge360is entitled to amend these Terms of Use from time to time. The Terms of Usewere last amended on 21 March 2024.