TERMS & CONDITIONS

Thank you for choosing to use our mobile software application (“the App”; “the service”). 
By accessing and using the App you agree with Crowd Mobile QA Operations B.V (NL 856 740 378 B01), a company duly incorporated in Piet Heinkade 95B, 1019GM, Amsterdam, Netherlands (“we”; “us”), to be bound by and abide by the following terms and conditions. Your access to and use of the App is also subject to our Privacy Policy (the link may be found in 4). If you do not agree with these terms, you should not proceed any further with the registration or with any attempt to access or use the App covered by these terms. Otherwise you agree to use the App on the terms set out in this agreement. We may need to vary these terms from time to time and any such changes will be undertaken in accordance with these terms. Please check this section regularly as we will notify you here of any such changes.

1 The App

I. In supplying the App we assume that you will only use the App for entertainment purposes and that you will not rely on the App to make decisions or act in a way that could affect your own or someone else’s life, wealth or general well being. Specifically, you agree:

a. You will not use the App in violation of any applicable law or regulation;
b. You will not use the App for any purpose that would result in, or otherwise be related to, any unlawful activity, or would cause you to defame, or harm any other person or organisation in any way.
c. You are fully authorised to employ the payment mechanism used to pay for the service 
(You have bill payer’s information and permission);

d. You confirm that you are aware that any unauthorized use of the original mobile network/telephone/Internet contract owner’s contract automatically enters the original mobile network/telephone/Internet contract owner into a legally binding contract with us. Between a telecommunication content provider and a telecommunication content customer a special trust relationship is anticipated. Within this relationship, we are allowed to assume that a person requesting our service is the original mobile network/telephone/Internet contract owner and authorized to enter into all (related) kind of contracts. Any failure of unauthorized use will be attributed to the original mobile network/telephone/Internet contract owner - even if a minor has processed the respective unauthorized use given that contractual obligations solely arise in the original mobile network/telephone/Internet contract owner.
In conclusion, it is anticipated that the original mobile network/telephone/Internet contract owner provided the person requesting our service with a comprehensive power of proxy.


II. In particular, but not limited to, the App allows you

a. To browse a constantly changing number of Stickers (“Sticker” means a small digital image or icon used to express an idea, portrait of an individual or emotion in electronic communication);
b. To use and share any Stickers you select within any other communication channel whatsoever including, but not limited to, Facebook Messenger, Facebook, Instagram, Twitter, WhatsApp Messenger, email;
c. To use the Sticker App itself as a keyboard, to be displayed within any communication channels subject to II b.;
d. To copy and paste Stickers from the keyboard included within the App into any communication channels subject to II b.

III. WARNING: The App may contain Stickers that include/represent an illusion to sexual content in written and/or visual form, which is why you should only download and use the App if you have your legal representative's permission to do so (in case you are a person below the legal age of the country of your residency), and/or if you have reached the required age limit within your respective country of residency that allows you to have access to forms of sexual content.
We disclaim any responsibility for any harm resulting from your use of the App if the aforesaid requirements stated within this paragraph are not met.

2 Your further responsibilities

I. In order to download and use the App, you must have a mobile communications subscription with a participating wireless service provider or otherwise have access to a (mobile) communications network. Additionally, you need to pay any (wireless service provider) service fees associated with any such access and/or use. Furthermore, you need to have a registered mobile application software store account allowing you to download and use mobile software applications.

II. You must have a working Internet connection installed on your mobile phone (e.g. WAP, GPRS, UMTS). Your mobile phone must be capable of receiving content such as, but not limited to, images, text messages via any communication channels, ringtones, mobile games, videos and/or colour graphics.


III. We will not give refunds if you request or attempt to download and/or use the App to in-compatible phones or any other telecommunication devices, or if your mobile phone is not Internet-enabled. 
For instructions, please check your wireless service provider's website, your mobile phone manufacturers’ website and/or your Internet service providers’ website.

In addition, you must provide all equipment and software necessary to download and use the App. You are responsible for ensuring that the equipment and/or software does not disturb or interfere with our operations.

IV. We have the right to immediately stop providing the content of the App to you in case we discover any interference between your use of the App and our operations.

3 Payments

I. The App will be downloaded through your Internet service provider and your respective mobile application software store. The terms and conditions of your Internet service provider and your respective mobile application software store will also apply to the provision of the App.

II. You agree to pay the fees for any download processed by you, by any other person who is authorised by you to use your payment device, and by any other person who is not authorised by you to use your payment device - except if said person used your payment device without your culpability. In this regard, you are allowed to prove your innocence.

III. The current fee for the download of the App depends on your country of residence. You may review this fee within your respective mobile application software store before downloading.

IV. The fee and currency for the download of the App stated within your respective mobile application software may differ depending on your country of residence.

V. Those fee(s) and currencies may change from time to time.

VI. Additional (regular) fees in regard to the usage of your mobile device may apply.

4 Privacy and your personal information

Your privacy is very important to us. If you provide any kind of personal information to us, you consent to the collection, use, disclosure and transfer of said information subject to our Privacy Policy.


5 Intellectual Property

I. We own, or have obtained, a licence from a third Party to exploit all kinds of intellectual property rights in regard to the operation of the App including, but not limited to, licenses regarding personality rights subject to the Stickers, copyright and/or neighbouring rights subject to the Stickers, our logos and trademarks, our website, any marketing and advertising material or any other kind of expression of external communication whatsoever; and copyright and/or neighbouring rights subject to all technology used to operate the App.

II. When you use a specific Sticker, you alone have our permission to display or otherwise transmit it to a reasonable number of your friends, family, and/or acquaintances. However, you may not supply any of the Stickers included within the App as part of any commercial enterprise or relationship or include it within a commercial publication without the prior written consent from us.

6 Disclaimer of Warranties and Limitation of Liabilities

I. We, and in this regard our directors, officers, employees, suppliers and agents (‘the Provider Parties’), disclaim any responsibility for any harm resulting from your use of the service. You expressly understand and agree that access to the service is provided on an ‘as is’ and ‘as available’ basis without any warranties whatsoever. The Provider Parties expressly disclaim to the fullest extent permitted by law all warranties, either express, implied, statutory or otherwise, with respect to the services, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Provider Parties disclaim any warranties regarding the security, reliability, timeliness, and performance of the service. The Provider Parties do not warrant that the service will meet your requirements or that the operation of the service will be uninterrupted and error free. No advice or information, whether oral or written, obtained by you from us or through our service shall create any warranty not expressly made herein. You may not rely on any such information or advice. You understand and agree that you request and/or use the service, content, software an/or the website at your own discretion and risk and that you will be solely responsible for any damages to your computer system, mobile phone or loss of data that result from using the service. Except in jurisdictions where such provisions are restricted, you agree that our entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service provided under this agreement and/or for any breach of this agreement, is solely limited to the amount you paid for such service during the term of this agreement.

Except in jurisdictions where such provisions are restricted, the Providing Parties shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including damages for loss of business profits, business interruption, loss of business information and the like; any damages for death, personal injury or damage to property resulting directly or indirectly from your use of the service) arising out of your use, misuse or inability to use the service, content, software and/or the website, even if we have been advised of the possibility of such damages. To the extent that a country does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the extent permitted by law in such country.

II. The supply of the App may also be subject to a number of telecommunication networks operated by mobile network operators and/or Internet service providers. Those telecommunication/internet networks may, from time to time, be subject to any kind of errors, maintenance operations, or any other kind of acts whatsoever, which is why we will possibly not be able to provide the content included within the App to you during said occurrences. We will try to do our best in order to inform you within an appropriate time ahead of such events about those upcoming inconveniences; however, this won’t be possible in case of sudden, unpredictable happenings of any kind. In most cases, we will inform you within the App.

7 Termination or suspension

We do not guarantee that we will continue to supply the App indefinitely. We can stop supplying the content included within the App at any time without notice to you, and we reserve the right to refuse to supply the content included within the App to any person for any reason.

8 Amendment, assignment, and governing law

I. As already stated within the introduction, we may amend these Terms and Conditions and our Privacy Policy at any time without notice to you. Your repeated use of this App after any such changes constitutes your acceptance of the new Terms and Conditions. We will make reasonable effort to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates.

II. We can assign our various rights under this agreement to any other person without asking your permission. Your rights are personal and not assignable.

III. The laws of the Netherlands govern these Terms and Conditions, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Amsterdam, Netherlands to resolve any dispute that arises as a result of, or in connection with, this agreement.

IV. These terms and conditions are to be interpreted so that they comply with the laws of the Netherlands. If any provision of these terms and conditions is found invalid, illegal or unenforceable by a competent jurisdiction, the remaining provisions shall not be affected thereby and that invalid, illegal or unenforceable provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of both Parties.

V. These terms and conditions and our privacy policy represent the entire agreement between the Parties as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.

9 If you need to contact us

You can address any concerns or complaints about the App to us at the following address:


Crowd Mobile QA Operations B.V
Piet Heinkade 95B,
1019GM, Amsterdam
Netherlands

or

[email protected]




10 Right of withdrawal

 

I. Users (also referred to as “End Users”; “customers” or “consumers” in this context) may have a (14-days) right of withdrawal (in regard to distance contracts) that has been integrated into their respective country law in order to fulfil the provisions of the EU regulation 2011/83/EU.

II. However, delivery of goods produced to the end user’s specifications or which have been given a distinctly personal character are exempted from the provisions relating to a (14-days) right of withdrawal.

III. A few services within this App may have a distinctly personal character and are constructed to fit your specifications.

IV. Therefore, you do not have a (14-days) right of withdrawal in regard to such services.

V. In case II. and/or III. do not apply, you do not have a right of withdrawal either way, given that, by downloading the App and/or using any kind of services within the App that are subject to payment, you confirm an immediate service activation and in this regard accept the loss of your right of withdrawal.