JIVE - Terms and Conditions

Version [1.0] – Last updated: September 2020

DISCLAIMER: Please read these Terms and Conditions carefully before using any of the JIVE Services (as defined below). By clicking the “I agree” button, you agree that your use of the Services will be governed by these Terms and Conditions, including the processing of your Personal Data in accordance with our Privacy Policy. You hereby state that these Terms and Conditions are in English, that you understand the content and agree to these Terms and Conditions. If you do not agree to any provision of these Terms and Conditions, you may not access and use the Services in any manner, even if you already have an Account.


The JIVE Services are operated and managed by ARTIM NV, a limited liability company (naamloze vennootschap) having its registered office at B-2930 Brasschaat, Ter Borcht 3 and registered with the Crossroads Bank for Enterprises under company number 0404.683.505 (RLE Antwerp – Section Antwerp) (hereinafter “JIVE”, “we”, “our” or “us”).


JIVE has developed a rideshare platform, accessible in the form of a Mobile App (as defined below), designed to bring Drivers (as defined below) driving to a given destination into contact with Jivers (as defined below) travelling in the same direction to a certain event (JIVE EVENT), and vice versa, enabling them to share the cost of such Ride (as defined below) and reduce CO2 emissions together.


These general terms and conditions (the “Terms and Conditions”) describe the terms and conditions under which customer(s) (“User(s)”, “you” or “your”) can access and use the JIVE Services and will also apply to all pricings provided and entered into by JIVE and User. The access to and use of the Services is subject to acceptance without modification of all terms and conditions as contained in these Terms and Conditions.


JIVE and the User may individually be referred to as a “Party” and jointly as the “Parties” in these Terms and Conditions.


If you have any questions about the Services or these Terms of Use, please contact JIVE directly by email info@jivetogether.be or by phone +324 94 60 48 61.

DEFINITIONS


The following definitions (and additional definitions provided throughout these Terms and Conditions) will apply. The use of the singular form of a defined term also includes the plural form and vice versa, except where expressly noted:


1. APPLICABILITY – ACCEPTANCE OF THESE TERMS AND CONDITIONS


1.1 In the event any of the Services uses services or components (which may include open source software) of third parties or provides access to any third party websites, services and applications (“Third Party Services”), these Terms and Conditions will not apply to these Third Party Services and the terms and conditions, license agreements and/or privacy policies of those third parties will govern your use of the Third Party Services. You will be notified if and when such Third Party terms and conditions, license agreements and/or privacy policies are applicable. By accessing such Third Party Service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. JIVE cannot be held liable in any way with regard to the use of the Third Party Services and the content of such third parties’ terms, license agreements or privacy policy.


1.2 We reserve the right at any time, and from time to time, with or without cause to:


Any such amendments or changes made will be effective immediately upon JIVE making such amendments or changes available in any of the Services or otherwise providing notice thereof.

You agree that your continued use of any of the Services after such changes or amendments constitutes your acceptance of such changes.


2. ACCOUNT REGISTRATION


2.1 Conditions for registration of an account

By accessing or using the Mobile App or by registering on it, Drivers declare and guarantee that they are at least 18 years of age (i.e., the minimum driving age).


2.2 Register or Login

The Mobile App allows Users to publish and view Jive-Posts and Drive-Posts and interact with others with the intention of booking a Seat. You can only publish a Jive-Post or Drive-Post until you have registered for an Account or have logged in with your credentials as a User.You can create an Account in the following ways:


To register on the Mobile App, you must have read and understood the Terms and Conditions, the Terms of Use and the Privacy Policy.


Once you have created your Account, you agree to provide accurate and true information and to update it through your Account or by contacting JIVE to ensure the relevance and accuracy of that information throughout your contractual relationships with JIVE.


You agree not to create or use any Accounts other than the Account you originally created under your own identity or the identity of a third party.


3. USE OF SERVICES


After registration of an Account or login with credentials through the Mobile App, the User is directed to the Discover page. From here, the User picks a pre-defined event where he/she wants to go or creates a new event.


The User chooses whether he/she wants to go as a Driver (“I want to Drive”) or a Jiver (“I want to Jive”) to the event


3.1 I Want to Drive

If the User opts for “I want to Drive”, he/she has to register the Ride by publishing a Drive-Post. The Drive-Post requires the Driver to define the Place of Departure (a. own house, b. point along the way or c. pick up the Jiver for an additional fee), the number of Seats, the timeslot, Vehicle details and the Place of Arrival.As a Driver, you acknowledge that you are solely responsible for the content of the Drive-Post that you publish on the Mobile App. Therefore, you represent and warrant that all information contained in your Drive-Post is accurate.


3.2 I Want to Jive

If the User opts for “I want to Jive”, he/she has to request a Ride by publishing a Jive-Post. The Jive-Post requires the Jiver to choose a Driver from the smart list or map, a number of Seats and the Place of Pick-Up. Before the Jive-Post is published, the Jiver has to fulfill the payment of the Ride in advance through Adyen payment platform to JIVE. JIVE will pay the Driver afterwards on a monthly basis.


3.3 Confirmation of the ride

Upon receipt of the payment through the Adyen payment platform to JIVE and validation of the Ride request by the Driver, the Jiver will receive a confirmation.


At the time of the confirmation of the Ride, JIVE will provide an interactive chatbox. The Driver and Jiver will receive a reminder four (4) hours in advance and are asked to confirm the upcoming Ride.


3.4 Evaluation system: post Drive or Jive

JIVE encourages you to place a rating on the Driver (if you are a Jiver) or the Jiver (if you are a Driver) with whom you have shared a Ride. Users only see their own review after reviewing the other User.


4. MOBILE APP AND GRANT OF LICENSE


4.1 Provision of the mobile app


5. MAINTENTANCE AND SUPPORT


5.1 JIVE will be responsible for:


5.2 JIVE will use commercially reasonable efforts to perform maintenance activities and updates of the Mobile App on a regular basis. JIVE may therefore limit at any time the access or use of the Mobile App to the extent necessary for maintenance or to perform modifications or enhancements to the Mobile App. JIVE will inform User at least twenty-four (24) hours in advance, unless this is impossible. In any event, JIVE will try to keep the impact on User as limited as reasonably possible. The foregoing statement provides no grounds for any liability of or claim against JIVE.


6. PRICING


6.1 The Jiver understands that use of the Services through the Mobile App may result in Fees for the services it receives from the Driver. The amount of the Fees will be defined in the contract provided by JIVE and will be inclusive of VAT and other taxes where required by law: a fixed cost of three (3) EUR for the first thirty (30) kilometers, one (1) EUR for each additional ten (10) kilometers, and fifty (50) % of this Fee for each additional Jiver. When the Jiver chooses to be picked-up at a specific address, other than the pick-up point, and this is accepted by the Driver, there is a supplement of three (3) EUR. Also, when the Jiver chooses to be dropped-off at a specific address, other than the pick-up point, and this is accepted by the Driver, there is a supplement of three (3) EUR. A retour for the same route implies the calculated price to be doubled. This Fee is due in advance by the Jiver. For the purposes of compensation of CO2 emissions, ten (10) % of the Fee will be donated to tree planting programs. After the Jiver has received services obtained through its use of the Service through the Mobile App, JIVE will facilitate the Jiver’s payment of the applicable Fees on behalf of the Driver as such Driver’s limited payment collection agent. Payment of the Fees in such manner shall be considered the same as payment made directly by the Jiver to the Driver. To compensate the Driver for the delivered services to the Jiver through its use of the Service, the Driver receives an amount of this Fee (i.e., the Fee minus ten (10) %) directly from JIVE on a monthly basis, calculated and based on the amount of confirmed Rides.


6.2 JIVE reserves the right to revise its Fees and rates on an annual basis and will inform User thirty (30) days prior to such price change, which will be applicable to the Fees payable after the effective date of such price change. The User will have the option to terminate the Agreement within thirty (30) days of such notification. In the absence of any response within the aforementioned period, the User will be deemed to have accepted the revision of the charges by JIVE.


7. FINANCIAL TERMS


7.1 Payment

The Jiver has one payment method to use the Services through the Mobile App and publish a Jive-Post: payment through the integrated payment feature Adyen on the Mobile App.

The Driver will receive monthly payment by JIVE through [INSERT SPECIFICS].

All invoices will be sent electronically by email.

8. CANCELLATION POLICY


8.1 Conditions of reimbursement in the event of cancellation

For the cancellation of a Seat of a confirmed Ride by the Driver of the Jiver, the following provisions apply:
In case of cancellation attributable to the Driver:

In case of cancellation attributable to the jiver:


8.2 Right of revocation

In accordance with Article VI.53, 13° of the Belgian Code of Economic Law, you have no right of revocation from the time of the confirmation of the Ride, if the Agreement between you and JIVE, which consists of bringing you in contact with another User on a rideshare platform, has been fully performed.

9. CONFIDENTIALITY AND PERSONAL DATA


9.1 Confidentiality

You will be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and will be fully responsible for all activities that occur under your Account. You agree to immediately notify JIVE of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.


9.2 Personal Data

JIVE recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Any processing of Personal Data, in connection with the use of the Services and services, will comply with the applicable regulations (including without being limited thereto, Regulation (EU) 2016/679 together with the codes of practice, codes of conduct, regulatory guidance and standard clauses and other related legislation resulting from such Regulation, as updated from time to time (the “General Data Protection Regulation”)). Please note that JIVE has to be considered as the Data Controller for the processing of any Personal Data, which will be subject to our Privacy Policy.


For the purpose of these Terms and Conditions, “Data Controller” and “Personal Data”, will have the meaning given thereto in the General Data Protection Regulation.

10. INTELLECUAL PROPERTY RIGHTS


As between the User and JIVE, the Services and data generated by using and/or regarding the use of the Services and all Intellectual Property Rights pertaining thereto, are the exclusive property of JIVE and/or its licensors.

For the purpose of this Agreement, “Intellectual Property Rights” or “IPR” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights 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) semi-conductor topography rights (g) rights on trade-, brand- , business- and domain names, (h) database rights, and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered), and (i) 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.


All rights, including Intellectual Property Rights, titles and interests in and to the Services or any part thereof not expressly granted to the User by these Terms and Conditions are reserved by JIVE and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Services, including any right to obtain possession of any software code, data or other technical material related to the Services.

11. LIABILITY


11.1 To the extent permitted by applicable law, JIVE will not be liable for:

11.2 You agree that JIVE can only be held liable as per the terms of this Article 11 to the extent damages suffered by you are directly attributable to JIVE.


11.3 You acknowledge that JIVE is not a custodian and therefore, to the extent permitted by applicable law, does not assume any obligation of custody or control and is not liable for any actions by third parties.


11.4 Direct damages. Without prejudice to and without limiting the other provisions of this Article 11 and 13, JIVE’s aggregate liability arising out of or in connection with these Terms and Conditions, the Services, whether in contract, warranty, tort or otherwise, will not exceed 100% of the Fees (including taxes) paid to JIVE by the Jiver during the preceding six (6) month period with a maximum of EUR 500. Nothing in these Terms and Conditions will limit or exclude JIVE’s liability resulting from (i) its gross negligence; (ii) its willful misconduct; (iii) any fraud committed by JIVE or (iv) the indemnification obligation as set forth in Article 13. User acknowledges that JIVE is liable only to User directly, and not to any third party.


11.5 Indirect damages. In no event will JIVE be liable for any indirect damage and/or consequential damage, such as but not limited to loss of profits, loss of income, loss of anticipated savings, loss of opportunity, loss of customers, claims of customers or other third parties, damage as a result of loss and/or corruption of data, loss of goodwill and reputational damage.

12. WARRANTIES AND DISCLAIMERS


12.1 By user You represent and warrant to JIVE that (a) you will ensure that each Account to access the Mobile App belongs to one person only and is not shared with any other persons; (b) you will ensure the confidentiality of its Account (including login-data) and to report each breach of security in this respect immediately, and at the latest within twenty-four (24) hours to JIVE; (c) you will take all responsibility for every use and activity of the Account; (d) any data provided by you is accurate and truthful and will not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage JIVE’s Mobile App or data; or (v) otherwise violate the rights of a third party; and (f) you will comply with these Terms and Conditions. User acknowledges and agrees that JIVE is not obligated to back up any User data. You agree that any access to and use of the Services contrary to or in violation of these Terms and Conditions will constitute unauthorized and improper use for which JIVE cannot be held liable.


12.2 By JIVE. User acknowledges that complex software is never wholly free from defects, errors and bugs, and subject to the other provisions of these Terms and Conditions and to the extent permitted by applicable law, JIVE gives no warranty or representation that the Services will be wholly free from defects, errors and bugs. JIVE makes no (and hereby disclaims all) warranty, covenant or representation or condition, to the maximum extent permitted by applicable law, either written, oral, express or implied, including without limitation any implied warranties of merchantability, suitability and fitness for a particular purpose or use with respect to the use, misuse or inability to use any of the Services. JIVE further makes no warranty, and will not be held liable, with respect to any hardware, software or product of any third party.

13. INDEMNIFICATION


13.1 JIVE will defend and indemnify the User against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the IPR of such third party by the Services and excluding any claims resulting from (i) any unauthorized use of the Services by the User, (ii) the User’s or any third party’s modification of any of the Services, (iii) the User’s failure to use the most recent version of the Services made available to User or (iv) the User’s use of the Services in combination with any non-JIVE products or services.


13.2 Such indemnity obligation will be conditional upon the following: (i) JIVE is given prompt written notice of any such claim; (ii) JIVE is granted sole control of the defense and settlement of such a claim; (iii) upon JIVE’s request, the User fully cooperates with JIVE in the defense and settlement of such a claim, at JIVE’s expense; and (iv) the User makes no admission as to JIVE’s liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without JIVE’s prior written consent. Provided these conditions are met, JIVE will indemnify the User for all damages and costs incurred by the User as a result of such a claim, as awarded by a competent court, or as agreed to by JIVE pursuant to a settlement agreement.


13.3 In the event any of the Services or any part thereof, in JIVE’s reasonable opinion, is likely to or become the subject of a third-party infringement claim (as per this Article 13), JIVE will have the right, at its sole option and expense, to: (i) modify the ((allegedly) infringing part of the)) Services so that it becomes non-infringing while preserving equivalent functionality; (ii) obtain for the User a license to continue using the Services in accordance with these Terms and Conditions; or (iii) terminate the further execution of the License and according services.


13.4 The foregoing states the entire liability and obligation of JIVE and the sole remedy of the User with respect to any infringement or alleged infringement of any IPR caused by the any of the Services or any part thereof.


13.5 The User hereby agrees to indemnify and hold harmless JIVE from each and every demand, claim, loss, liability, or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation by the User of any provisions of these Terms and Conditions

14. TERM AND TERMINATION


14.1 Unless defined otherwise in the contract between you and JIVE, the Services will be provided for an indefinite term. Each Party has the right to terminate the agreement unilaterally and without justification, subject to granting the other party a notice period of at least three (3) months. The notice period will commence on the first day of the calendar month following the calendar month in which notice of termination was given.


14.2 These Terms and Conditions will enter into force and will take effect as from the first use of any of the Services by the User and will remain in effect for as long as the Services are used by User or until new terms and conditions supersede these Terms and Conditions. User may at any time waive the use of any of the Services but remains subject to these Terms and Conditions until the end of his contract.


14.3 JIVE may immediately terminate these Terms and Conditions and suspend the access to the Service due to a material breach of any provision of these Terms and Conditions (including but not limited to any violation of the Intellectual Property Rights of JIVE), the Terms of Use or any other guidelines or policies issued by JIVE.


14.4 Upon the termination of these Terms and Conditions for any reason whatsoever in accordance with the provisions of these Terms and Conditions, at the moment of effective termination: (i) you will no longer be authorized to access or use the Services; and (ii) JIVE will sanitize, anonymize or destroy the Personal Data related to your Account, within thirty (30) calendar days upon termination of these Terms and Conditions in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by JIVE beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations.

15. COMPLAINTS


15.1 Users who have complaints regarding our Services through our Mobile App are requestedto send them to JIVE by post B-2930 Brasschaat, Ter Borcht 3 or email info@jivetogether.be.


15.2 Complaints can also be submitted via the ODR platform made available by the European Commission.

16. MISCELLANIOUS


16.1 Assignment The User may not assign or transfer any rights and/or obligations as set forth in these Terms and Conditions to any third party. JIVE will be free to (i) transfer or assign (part of) its obligations or rights under these Terms and Conditions to one of its Affiliates and (ii) to subcontractor performance or the support of the performance of these Terms and Conditions to its Affiliates, individual contractors and to third party service providers.


16.2 Severability No Waiver. The provisions of these Terms and Conditions are severable and if any one or more such provisions will be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof will not in any way be affected thereby. Any failure to enforce any provision of these Terms and Conditions will not constitute a waiver thereof or of any other provision.


16.3 Termination The provisions of these Terms and Conditions that are expressly or implicitly intended to survive termination will survive any expiration or termination of these Terms and Conditions, including but not limited to Articles 9, 10, 11, 12, 13, 14.4 and 16.4.


16.4 Force Majeure JIVE will not be liable for delays or failure to perform its obligations under these Terms and Conditions, if such delay or failure is caused by Force Majeure. "Force Majeure" is any event beyond the reasonable control of JIVE that affects the execution of its obligations under these Terms and Conditions, including but not limited to, natural disasters, riots, war and military operations, national or local emergencies, actions or omissions of the government, economic disputes of whatever nature, actions of employees, fire, flooding, lightning, explosions, collapses, the reduced or non-functioning of networks, systems and equipment of third parties, failures or delay of the electricity network, internet, servers or any public telecommunications networks, attacks, infections, pandemics or unauthorized access to JIVE’s information technology systems by third parties or any other cause beyond the reasonable control of JIVE. The Parties explicitly agree that any non-payment by the User of the Fees, will not qualify as Force Majeure. The execution of the obligation that cannot be carried out due to Force Majeure, will be suspended for the duration of the Force Majeure and must be resumed as soon as the Force Majeure has disappeared.


16.5 Applicable law and jurisdiction. These Terms and Conditions are governed by and will be interpreted in accordance with Belgian law, without giving effect to any laws of conflict. Any dispute with respect to the validity and/or interpretation of these Terms and Conditions will be finally settled by the competent courts of Antwerp, section Antwerp.


JIVE - Terms of Use

Version [1.0] – Last updated: September 2020

Please read these Terms of Use carefully before using any of the JIVE Services (as defined below). By clicking the “I agree” button, you agree that your use of the Services will be governed by these Terms of Use. You hereby state that these Terms of Use are in English, that you understand the content and agree to these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not access and use the Services in any manner, even if you already have an Account.


The JIVE Services are operated and managed by ARTIM NV, a limited liability company (naamloze vennootschap) having its registered office at B-2930 Brasschaat, Ter Borcht 3 and registered with the Crossroads Bank for Enterprises under company number 0404.683.505 (RLE Antwerp – Section Antwerp) (hereinafter “JIVE”, “Company” “we”, “our” or “us”).


JIVE has developed a rideshare platform, accessible in the form of a Mobile App (as defined below), designed to bring Drivers (as defined below) driving to a given destination into contact with Jivers (as defined below) travelling in the same direction to a certain event (JIVE EVENT), and vice versa, enabling them to share the cost of such Ride (as defined below) and reduce CO2 emissions together.


These terms of use (the “Terms of Use”) describe the terms and conditions under which users (“User(s)”, “you” or “your”) can use the JIVE Services. The access to and use of the Services is subject to acceptance without modification of all terms and conditions as contained in these Terms of Use.


If you have any questions about the Services or these Terms of Use, please contact JIVE directly
by email info@jivetogether.be or by phone +324 94 60 48 61.

1.DEFINITIONS


The following definitions (and additional definitions provided throughout these Terms and Conditions) will apply. The use of the singular form of a defined term also includes the plural form and vice versa, except where expressly noted:


2. APPLICABILITY


1.1 In the event any of the Services uses services or components (which may include open source software) of third parties or provides access to any third party websites, services and applications (“Third Party Services”), these Terms and Conditions will not apply to these Third Party Services and the terms and conditions, license agreements and/or privacy policies of those third parties will govern your use of the Third Party Services. You will be notified if and when such Third Party terms and conditions, license agreements and/or privacy policies are applicable. By accessing such Third Party Service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. JIVE cannot be held liable in any way with regard to the use of the Third Party Services and the content of such third parties’ terms, license agreements or privacy policy.


2.2 We reserve the right at any time, and from time to time, with or without cause to:


Any such amendments or changes made will be effective immediately upon JIVE making such amendments or changes available in any of the Services or otherwise providing notice thereof.

You agree that your continued use of any of the Services after such changes or amendments constitutes your acceptance of such changes.


3. USE OF THE MOBILE APP


3.1

The Mobile App will be made available to you through the Apple App Store and the Google Play Store. The Mobile App can be accessed with an Account. To use the Mobile App, your mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your mobile device meets the minimum system requirements. If your mobile device does not meet these minimum system requirements, we cannot ensure that the Mobile App will function properly. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.


3.2

You will be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and will be fully responsible for all activities that occur under your Account. You agree to immediately notify any unauthorized use or suspected unauthorized use of your account or any other breach of security and at the latest within twenty-four (24) hours. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.


3.3

During the Term, the Company may, in its sole discretion, provide you with certain updates of the Services. For the avoidance of doubt, the Company is not obligated to provide any updates of the Services.


3.4 All Users undertake to:


As a Driver, you undertake to:


As a Jiver, you undertake to:


4. LICENSE - RESTRICTIONS


4.1 License by the Company.

During the Term, the Company grants you a royalty-free, non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Mobile App in accordance with these Terms of Use (the “License”). You are not allowed to use the Mobile App in a manner not authorized by the Company. You will use the Mobile App solely in full compliance with (i) these Terms of Use; (ii) any additional instructions or policies issued by the Company, including, but not limited to, those posted within the Mobile App and (iii) any applicable legislation, rules or regulations.


4.2 Restrictions.

You agree to use the Mobile App only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to (i) make the Mobile App available or to sell or rent the Mobile App to any third parties; (ii) adapt, alter, translate or modify in any manner the Mobile App; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Mobile App to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Mobile App; (v) use or copy the Mobile App except as expressly allowed under this Article 4; (vi) gain unauthorized access to accounts of other users or use the Mobile App to conduct or promote any illegal activities; (vi) use the Mobile App to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the Mobile App (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Mobile App ; (x) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Mobile App for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (x) remove or in any manner circumvent any technical or other protective measures in the Mobile App.


Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Mobile App, including but not limited to any right to obtain possession of a copy, any source code, data or other technical material relating to the Mobile App.


4.3 License by User.

By uploading, creating or otherwise providing any information, data, or content through the Mobile App (the “User Content”), you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content to the extent necessary to provide and maintain the Services. The Company reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.


5. INTELLECTUAL PROPERTY RIGHTS


5.1

As between the User and the Company, the Services and all Intellectual Property Rights pertaining thereto, are the exclusive property of the Company and/or its licensors.


5.2

All rights, titles and interests in and to the Services or any part thereof not expressly granted to the User in this agreement are reserved by the Company and its licensors.


6. SUSPENSION FOR BREACH


If the Company becomes aware or suspects, in its sole discretion, any violation by you of these Terms of Use, or any other instructions, guidelines or policies issued by the Company, then the Company may suspend or limit your access to the Services. The duration of any suspension by the Company will be until you have cured the breach which caused such suspension or limitation.


7. SUPPORT


In case you need technical support, you can contact JIVE’s customer service directly by email info@jivetogether.be or by phone +324 94 60 48 61.


7. PRIVACY STATEMENT


The Company recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Please note that the Company has to be considered as the “Data Controller” for the processing of any Personal Data in connection with the use of the Services. For more information as regards the processing of your Personal Data, view our Privacy Policy.

9. TERMS AND TERMINATION


9.1

The Company will grant you a license on the Mobile App during the Term as set out under this agreement, unless these Terms of Use are terminated in accordance with Article 9.2. At the end of the Term, any user rights on the Mobile App that were granted to you under these Terms of Use will automatically expire.


9.2 Termination for breach

The Company may terminate with immediate effect these Terms of Use and your right to access and use of Services if the Company believes or has reasonable grounds to suspect that you are violating these Terms of Use (including but not limited to any violation of the Intellectual Property Rights of the Company), the Terms and Conditions or any other guidelines or policies issued by the Company.


9.3 Effects of termination

Upon the termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the Services; (ii) the Company will sanitize, anonymise or destroy the Personal Data related to your Account, within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by the Company beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations; (iii) upon written request submitted by the User to JIVE no later than fourteen (14) calendar days prior to the termination of the agreement, JIVE will provide the User, immediately prior to the sanitization, anonymization and destruction thereof, with a readable and usable copy of the Personal Data and/or the systems containing Personal Data. and (iii) all rights and obligations of the Company or the User under these Terms of Use will terminate, except those rights and obligations under those sections specifically designated in Article 10.6.


10. MISCELLANEOUS


10.1 Force Majeure.

The Company will not be liable for any failure or delay in the performance of its obligations with regard to the Services if such delay or failure is due to causes beyond our control including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, telecommunications, network, computer, server or Internet downtime, unauthorized access to Company’s information technology systems by third parties or any other cause beyond the reasonable control of the Company (the “Force Majeure Event”).


10.2 Severability.

If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.


10.3 Waiver.

Any failure to enforce any provision of the Terms of Use will not constitute a waiver thereof or of any other provision.


10.3 Assignment.

You may not assign or transfer these Terms of Use or any rights or obligations to any third party. The Company will be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.


10.3 Notices.

All notices from the Company intended for receipt by you will be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this email address, you must update your email address on your personal settings page.


10.3 Survival.

Articles 5, and 8 will survive any termination or expiration of these Terms of Use.


10.3 Governing law and jurisdiction.

These Terms of Use will be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. Any dispute with respect to the validity and/or interpretation of these Terms of Use will be finally settled by the competent courts of Antwerp (section Antwerp).