Effective as of August 11, 2023

To use the service, you must create a user account (an "Account") for maintenance. If you opt for a user identification code, password, or any other piece of information as part of our security procedures that grant access to your account, you must treat such information as confidential and not disclose it to third parties. User accounts are strictly personal and individual: sharing a user account with other individuals is not allowed. We reserve the right to disable any user identification code or password, whether chosen by you or assigned by us, at any time if, in our opinion, you have not complied with any of the provisions of these terms of use.

If you subscribe to the service on behalf of a company, you declare to Bollify that you have the authority to bind that company, and your acceptance of this agreement will be treated as acceptance by that company. Bollify will always seek permission to use your company's name or logo on Bollify's website and other promotional materials as a customer of the service.

Minors under the age of 13 are not allowed to use the service. If the laws of your country of residence allow minors to use the service, provided that their parent or legal guardian creates the account or the account is created with the consent of that parent or guardian. If you give your minor child or legal representative permission to use the service, you hereby agree to these terms of use on behalf of both yourself and your child or legal representative. You further agree that you are solely responsible for any use of the service by your child or legal representative, whether such use is authorized by you.

As long as you comply with this agreement, Bollify grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the service as intended and in accordance with this agreement and applicable law. Bollify does not grant you any other rights, implicit or otherwise.

You may not use the service to distribute unlawful or otherwise offensive material or to harm others or the service itself. For example, you may not:

All functionalities and features of the service are paid functionalities (hereinafter collectively referred to as "Functionalities"). You agree to pay the costs associated with the use of functionalities within thirty (30) days. We may suspend or cancel your access to the service if we do not receive such costs on time. Suspension or cancellation of your access to the service due to non-payment may result in the loss of access to and use of your account, as well as the loss of your user content stored on the service.

To pay for functionalities provided through the service, you will be asked to provide a payment method at the time you sign up for such functionalities. You can view and modify your billing account details and payment method by contacting Bollify. You agree to keep this information up to date at all times.

By offering Bollify a payment method, you can:

All information, data, text, documents, images, logos, designs, graphics, photos, videos, weblogs, interactive features, or other content, services, or materials (or any portion thereof) accessible on the service (hereinafter referred to as the "Materials") are protected by copyright, trademarks, database rights, and other intellectual property rights and are owned by or licensed to Bollify or otherwise used by Bollify as permitted by applicable law. Nothing in this document shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Materials other than as permitted in these Terms of Use. Unless you have permission from the creator or original content provider, you agree not to download, store in a cache, reproduce, modify, edit, adapt, or enhance the Materials.

Bollify owns and retains all ownership rights to the service and all related copyrights, trademarks, trade names, service marks, patents, object libraries, characters, props, or other proprietary rights under the law. All trademarks, service marks, brand and trade names, and logos appearing on the service are the intellectual property of the owners of such marks or names, and you may not use such proprietary rights, modify, remove, or otherwise infringe upon them.

By agreeing to use the service, you consent to receive newsletters, alerts, promotional, and other emails from Bollify. You may unsubscribe from these mailing lists as legally required through the service.

We take all measures to protect your privacy and security. All personal data we collect from you is processed in accordance with our privacy policy. You should read our privacy policy, which is incorporated into these terms of use by reference, and confirm that when using the service, you agree that your personal data will be used and processed in accordance with our privacy policy.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: BOLLIFY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE WILL BE ERROR-FREE, OR THAT THE SERVICE WILL BE CONSTANTLY AVAILABLE, OR THAT THE TRANSFER OF DATA TO/FROM THE SERVICE WILL OCCUR WITH ANY MINIMUM SPEED, OR THAT THE SERVICE OR THE SERVERS MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOLLIFY DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT LINKED TO OR USED IN CONNECTION WITH THE SERVICE IS FACTUAL OR ERROR-FREE, OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES. BOLLIFY RESERVES THE RIGHT TO CORRECT ERRORS IN THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOLLIFY DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL ON THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USING THE SERVICE. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, BOLLIFY MAKES NO REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR DIRECT AND INDIRECT AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY MATERIALS, USER CONTENT, OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE DURING THE LAST TWO TERMS APPLICABLE TO ACCESS TO THE SERVICE, AND IN NO EVENT SHALL IT EXCEED TEN THOUSAND EUROS (€10,000). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

By agreeing to these Terms of Use, you indemnify Bollify and agree to hold Bollify harmless from all losses, damages, costs, liabilities, and expenses (including but not limited to legal fees and amounts paid by Bollify to a third party in settlement of a claim or dispute upon the advice of Bollify's legal advisers) incurred or suffered by Bollify as a result of your breach of any provision of these Terms of Use or as a result of a claim that you have breached any provision of these Terms of Use.

The Service may contain links to or enable you to interact with and utilize other independent websites, products, or services of third parties ("Third-Party Services"). Access to Third-Party Services is provided solely for your convenience. Third-Party Services are not under the control of Bollify, and Bollify does not necessarily endorse the content, advertisements, products, services, or other materials on or available through such Third-Party Services. Your use of Third-Party Services may be subject to the terms and conditions and privacy policy of the external provider and may involve the disclosure or transfer of information about you to the external provider. You should form your own independent judgment regarding your use of and interaction with Third-Party Services. You acknowledge and agree that Bollify is not responsible for the availability of Third-Party Services and that Bollify is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or interaction with Third-Party Services.

Bollify may terminate your account at any time in its sole discretion for your breach of any of your representations, warranties, or obligations under these Terms of Use if you do not remedy the breach within thirty (30) days after written notice from Bollify. Bollify may also suspend or terminate your access to the Service if you have a free Account and have not used it for ninety (90) consecutive days or more. In such a case, Bollify will provide you at least seven (7) business days' notice before the Account is terminated.

You may terminate this agreement and thereby your access to the Service at any time, with or without cause. Information and instructions on how to terminate your access to the Service will be provided upon request by Bollify. Upon termination of your access to the Service: (i) your Account may be canceled and closed or suspended, and your user identification code and password will be deactivated; (ii) any user content uploaded by you will be removed from the service.

Cancellation of your account does not relieve you of any payment obligations that arose prior to such termination or any other obligations under any other agreement that has not been specifically terminated.

All provisions and conditions of these Terms of Use intended (whether expressed or not) to survive the duration or termination of the agreement between the parties shall remain in effect.

These terms of use constitute the final and complete expression of the agreement and understanding between the parties regarding the subject matter herein and supersede all other prior agreements.

Your use of the Service does not grant you any authority to act as an agent, legal representative, or employee of Bollify or any third party with whom Bollify has a relationship, and you agree not to claim otherwise.

Bollify may assign, subcontract, or otherwise deal with the rights and/or obligations of Bollify under these Terms of Use without notifying you or obtaining your consent. You may not assign, subcontract, or otherwise handle your rights and/or obligations under these Terms of Use.

If any provision of these Terms of Use is determined to be void, invalid, and/or otherwise unenforceable, it will in no way affect the legality, validity, and/or enforceability of the other provisions of these Terms of Use. Additionally, the Parties, upon finding that one or more provisions of these Terms of Use are wholly or partially void, invalid, or unenforceable, shall negotiate in good faith to replace the relevant provision with a valid and enforceable provision that, in economic effect, most closely corresponds to the void, invalid, or unenforceable provision.

These Terms of Use and any extension and/or amendment thereof are governed by and interpreted in accordance with Dutch law. Any dispute or difference arising out of or in connection with these Terms of Use falls under the exclusive jurisdiction of the Dutch courts.