- 1.1. Ambassify: Ambassify NV with enterprise number 0830.870.128 and registered office at Everselstraat 133, 3580 Beringen, Belgium.
- 1.2. User(s): means a person or company who accesses or uses the Website, the Applications or the Services, not including the Customer.
- 1.3. Customer: professional user or company who pays for using the Website, Services or Applications.
- 1.4. Use Terms: the present document.
- 1.5. Intellectual Property Rights: any and all Intellectual Property Rights, including but not limited to, (a) copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world.
- 1.6. Website: the Website through which Ambassify offers its services online, currently https://www.ambassify.com and https://my.ambassify.com or any successor or URL indicated by Ambassify from time to time.
- 1.7. Applications: means the functionalities provided through the Website, or any other means (including downloadable Apps, Plug-ins or any other code or functionality made available by Ambassify in any way whatsoever).
- 1.8. Service(s): Ambassify provides Customer with a platform that gives Users a chance to promote, become involved in campaigns and encourage the development of the brand of Customer. Additionally, and if agreed upon in writing, Ambassify may provide services of customization and integration with third party software, technical support and maintenance services relating to the platform.
- 1.9. User Content: news posts, campaigns, pictures, images, gifs, sounds, designs, documents, presentations, video’s, text, video, testimonials and/or other media content uploaded, created, supplied or generated by the User to the Website or Applications.
- 1.10. Third Party Applications: applications, websites, and services owned, held or managed by third parties.
- 1.11. Reward(s): prizes, goodies, gadgets and gifts distributed by the Customer on the basis of a rewarding system provided on the Websites and/or Applications.
3. Third Party Applications
- 3.1. The Service may be integrated or cooperate with Third Party applications. These Third Party Applications may have their own terms and conditions of use and privacy policies and the use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies.
- 3.2. Ambassify does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications.
4. Users and use
- 4.1. User needs to have reached the age of sixteen (16).
- 4.2. User shall identify themselves accurately and honestly.
- 4.3. User may not be involved in generating User Content that breaches any applicable law and/or violates third party rights, including but not limited to privacy, identity, Intellectual Property Rights and refrain from any defamatory, hateful, discriminatory, violent or hatred content or content that is obscene or pornographic.
- 4.4. User is responsible for maintaining the confidentiality and security of their username, password and other security aspects of their use. User must inform Customer and Ambassify as soon as reasonably possible in case of any unauthorized use, misuse or any other breach of security you become aware of.
- 4.5. User may not be involved in generating content that breaches any applicable law and/or violates third party rights, including but not limited to privacy, identity, Intellectual Property Rights and refrain from any defamatory, hateful, discriminatory, violent or hatred content or content that is obscene or pornographic.
- 4.6. User agrees to use the Website, Applications and Service only for the intended use. User is not permitted to intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Service for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or remove or in any manner circumvent any technical or other protective measures in the Service. User may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Services, Website and Applications.
- 4.7. User may not access or collect data from the Services, Website and Applications using automated means or attempt to access data where he does not have permission to access.
- 4.8. Ambassify may, but has no obligation to, monitor, review, or edit User Content after prior written notification to Customer. In all cases, Ambassify reserves the right to remove or disable access to any User Content, including but not limited to, User Content that, in Ambassify’s sole discretion, violates the Use Terms. Ambassify may take these actions with prior written notification to the User or any third party. Customer can never claim any compensation, damages or rights resulting from such removal or disallowance.
- 4.9. The User is responsible for all User Content. Ambassify is not responsible for any of the User Content. The User could be held liable, to the extent permissible under law to Ambassify for all damages, losses and or expenses of any kind directly arising from a third party claim related to content generated by the Customer.
- 4.10. Ambassify can refuse access to the Website, Services or Applications to any User violating these Use Terms. This without limitation to the right of Ambassify to seek appropriate measures, including but not limited to damages.
- 5.1. The Reward system and the Rewards are the sole responsibility of the Customer.
- 5.2. Ambassify can not be held liable for points not obtained and Rewards undistributed by the Customer, nor does Ambassify guarantee the quality, accuracy or availability of the Rewards.
6. Intellectual Property Rights
- 6.1. Content made available by User on the Website and Applications remains the property of User and may be protected by Intellectual Property Rights. User grants Ambassify a perpetual, royalty-free, unlimited, worldwide irrevocable license to any User Content for at least the duration of the Service, to use, modify, copy, collect such User Content for the performance of the Services.
- 6.2. Any use of third party brands, trademarks, registered or unregistered by User are at User’s risk.
- 6.3. CUSTOMER COULD BE HELD LIABLE TO AMBASSIFY FOR ANY CONSEQUENCES, DIRECT DAMAGES, CLAIMS, LIABILITIES OR EXPENSES OF ANY ACTUAL OR ALLEGED INFRINGEMENT BY USER CONTENT OF ANY THIRD PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS.
- 6.4. User and Ambassify shall not infringe each others Intellectual Property Rights.
- 6.5. User shall not decompile, reverse engineer or otherwise try to retrieve any source code owned by Ambassify.
- 6.6. User shall not use or register any trademark that is identical or similar to any trademarks, registered or unregistered, used by Ambassify.
7. Privacy and data protection
- 7.2. Users and Customer must comply with applicable Data Protection Laws. Ambassify is not liable for breaches of Data Protection Laws by Customers using the Website, Services and Applications.
- 8.1. Ambassify may terminate any subscription immediately if User clearly, seriously, or repeatedly violated the Use Terms.
- 8.2. Ambassify will delete Users account upon termination of the subscription of the Customer.
- 8.3. User may delete or disable its account at any time.
- 9.1. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that Ambassify is not responsible and cannot be held liable for any losses of data, including but not limited to personal data and any Customer Content, in connection therewith.
- 9.2. The Customer acknowledges and agrees that Ambassify is not obligated to back up any User Content.
- 9.3. AMBASSIFY PROVIDES THE WEBSITE, SERVICES AND APPLICATIONS ON AN ‘AS IS’ BASIS AND ‘AS AVAILABLE’. THE USE OF THE AMBASSIFY WEBSITE, APPLICATIONS AND SERVICES IS AT USER’S RISK.
- 9.4. To the fullest extent permissible under applicable law, Ambassify will have no liability, and any User waives any claim, based on the Website or the Applications, their performance and functions, any Services provided thereon, any content posted or created, or any transaction, service or functionality transacted or made available through the Ambassify Website, Services or Applications.
- 9.5. Ambassify does not warrant that the Services, Websites and Applications are free of malware or other harmful components.
- 9.6. Ambassify will never be responsible for any links to third party websites, or any connection to or interaction with third party materials or functionality.
- 9.7. IN NO EVENT SHALL AMBASSIFY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHICH INCLUDES WITHOUT LIMITATION LOSS OF PROFITS, SAVINGS, TURNOVER, GOODWILL, REPUTATION OR DATA, WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY.
10. General provisions
- 10.1. AMBASSIFY IS ENTITLED TO MODIFY THE USE TERMS AFTER PRIOR WRITTEN NOTIFICATION TO THE CUSTOMER BY ISSUING NEW VERSIONS THEREOF, WHICH WILL APPLY AS FROM 30 DAYS AFTER NOTIFICATION TO CUSTOMER OF THE MODIFIED USE TERMS.
- 10.2. Customer and Ambassify are entitled to assign or transfer any subscription, any of its duties or rights granted, whole or partly, to any third party, after prior written notification to the other party.
- 10.3. If any provision of the Use Terms is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such provision shall, to the extent possible, be deemed rewritten to reflect the original intent of the parties, and the validity of the remaining provisions shall not be affected. User cannot transfer any of your rights or obligations under these Use Terms to anyone else without our consent.
- 10.4. Feedback and suggestions given by the User to Ambassify may be used without any restriction or obligation to compensate, and Ambassify is under obligation to keep them confidential, except if agreed otherwise in writing.
- 10.5. Ambassify shall not be bound by any other terms and conditions provided by the User unless the User notifies in writing that it intends such terms and conditions to apply and Ambassify accepts such terms and conditions in writing.
- 10.6. Derogations from these terms and conditions can only be established by a written and signed agreement by Ambassify and Customer containing special conditions.
- 10.7. ALL ASPECTS OF THE RELATIONSHIP BETWEEN USERS AND AMBASSIFY (INCLUDING THESE USE TERMS AND THE RIGHTS AND OBLIGATIONS ARISING AS A RESULT) ARE SUBJECT TO THE LAWS OF BELGIUM. IN CASE OF CONFLICT, ONLY THE COURTS OF BELGIUM WILL HAVE JURISDICTION, AND SPECIFICALLY THE COURTS OF LIMBURG, DEPARTMENT HASSELT.