License

In this License Agreement, the following terms should be understood as:

• ‘Smappee’:
  Smappee NV, having its registered office at Evolis 104, B-8530 Harelbeke, registered with the Crossroads Bank for Enterprises under number BE0849.366.642 (RPR/RPM Ghent, division Kortrijk), e-mail: info@smappee.com & affiliate companies.

  Smappee Services BV, having its registered office at Evolis 104, B-8530 Harelbeke, registered with the Crossroads Bank for Enterprises under number BE0835.376.866 (RPR/RPM Ghent, division Kortrijk), e-mail: info@smappeeservices.com & affiliate companies.

  Smappee Inc., having its registered office at 55 Madison Avenue, Suite 400 55, Madison Avenue, Suite 400, Morristown, New Jersey (US)07960, United States; listed under enterprise number  VAT. EIN61-1750640, e-mail: info@smappee.com & affiliate companies.

• ‘User’, ‘you’: Every person (B2C) or legal entity (B2B) that should install and/or use the Smappee mobile application, and may or may not come into a contractual relation of any kind.
• ‘Application’; the Smappee mobile application, made for iPhone® and Android™-systems, and to be downloaded or installed from the App Store℠ and Google Play℠.
• ‘Apple’: iPhone, App Store, Apple, Apple logo, iPad, iPod, iTunes, OS X and others are registered trademarks of Apple Inc., 1 infinite Loop, Cupertino, CA 95014, VS. The full list of registered and/or protected trademarks can be found through http://www.apple.com/legal/trademark/appletmlist.html.
• ‘Google’: Android, MediaPlayer for Android, Android Robot, Android Logo, Google Play, Google Play Store Icon, Google Play badge and others are registered trademarks of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, VS. The full list of registered and/or protected trademarks can be found through http://developer.android.com/distribute/googleplay/promote/brand.html.

Article 1. Which rights do I have as user?

In this article we define the non-exclusive right of use.

Smappee assigns a non-exclusive, non-transmittable right of use, which you accept by installing the application. The right of use is limited to the normal execution of the application. The right of use is assigned by installing the application. In case you have your own purchase- or general terms and conditions, these are not applicable at the moment of usage of the application. Per user, only one (1) right of use is assigned.

Article 2. What exactly can I do with the mobile application?

In this article we define what exactly can be done with the app.

Smappee can always release new versions, updates or releases of this mobile application, as it pleases. You are not obliged to install new versions, but it is explicitly advised. We don’t offer usability support for older versions of the application. An update or new release can be installed from the App Store® and Google Play™. These conditions are always applicable on new versions or updates.

Any documentation, demo videos or explanation also falls under the right of use assigned to you. Theoretically: you can ‘load and display’ our application, ‘maintain’ the application as far as technically necessary and make a ‘backup’ of the application. User is also allowed to study, observe and test our application in order to find out ‘the ideas and principles that define it’.

Article 3. What can’t I do with the application?

In this article we define a couple of limitations of the right of use.

User is not allowed to (completely or partially) rent, sell or publish (the code) the Application or commercialize it in any way.

It is not allowed to multiply the application for your own use, study or exercise (except in case of a backup. Likewise it is not allowed to delete the information concerning the authorship of Smappee and the developer from the application.

Did you find ‘bugs’ in our Application? Please get into written contact with Smappee, before you start testing, decompiling (reverse engineering) or editing the application (or a copy) in any way possible. We appreciate your feedback and criticism, but it is not allowed to edit (copies of) our Application without our prior consent.

Article 4. How do I use the application?

In this article we shortly specify the procedure of installing of the mobile application.

You can find our mobile Application in the App Store® of Apple® and the Google Play Store™ of Google®. Open the App Store®-Application on your iPhone® or Play Store™-application on your Android-appliance and search for ‘Smappee’, click ‘Install’ and enter your password. When your data is correct, the application will install itself on your device.

This all means you can download the application for free. The delivery of the software always happens through the Apple® App Store® and Google® Play Store™.

Article 5. Which guarantees do I have as a user?

In this article we define the guarantees of the user.

The application of Smappee is considered safe, it doesn’t use a dangerous or deficient code and thus, does not cause damage to your device.

The application collects and processes personal data, but always in accordance to the Privacy Act (Belgian act of 8-december-1992 for the protection of the privacy with respect to the processing of personal data) and related (legal) provisions. Your data are processed safely, with attention and care for your personal data. We care about your privacy. The full details of the processing (which data we process, who is responsible for the processing, how long we store this data for and other important facts) are listed in the ‘Privacy Policy’, which can be found in the legal corner of this application.

Smappee also achieved the legal quality label ‘mylabel’ for the application, after a thorough audit of the application and the drafts of the required documents. This ensures that the application is 100% legally safe. You can check the online certificate at http://ictrecht.be/quality-label-smappee/.

Of course, the information present in our application will always be kept up-to-date. This is, of course, a commitment of effort and not an obligation of result. Should you ascertain errors or shortcomings, we kindly ask you to report these through app@smappee.com. We highly appreciate your opinion and feedback!

Article 6. What about the intellectual property of the application?

In this article we define the intellectual property rights, concerning the mobile app.

Every creative work is protected by intellectual property rights. The same goes for our mobile application. On the one hand there is the trademark law. All trademarks or logos from Smappee, Smappee products, Smappee promotions (and more) are trademarks, registered on Benelux, European or international level. The name of the Application or names within the application cannot be used, commercialised or announced in any way without prior written consent by Smappee. No trademarks are transmitted as a result of the right to use the application.

Of course, we also have copyright from our application (Belgian act of 30-june-1994 concerning copyright and related rights). Not only the graphic design or front-end (what you see and use within our application) is protected, but also our texts, promotions and other information are protected by this copyright. Smappee goes for our webshop and website. No transfer of (copy)rights will take place as a result of the right to use the application.

Secondly, the software act (Belgian act concerning the conversion of European law – guideline of 14-may-1991 containing copyright and related rights – into Belgian law) also grants specific protection to software, so this act is also applicable to our mobile app.

All our legal documents in the legal corner are also protected by copyright. All rights to these documents belong to Smappee and the legal office DeJuristen bvba. The copying, publishing or multiplying in any way possible of these texts are not allowed.

You acknowledge all rights as stated above and you will refrain from any infringement against these rights at any time. By installing and using our application you acknowledge that you are sufficiently informed about the obligations and related legal information.

Article 7. Liability?

In this article we define any possible liability of the provider.

Smappee cannot be held liable for damage, following directly or indirectly from the usage or installation of the application. Smappee does not deny it’s essential liability, but delivers her software (the application) as ‘AS IS’ and ‘AS AVAILABLE’. This implies that you will download and install our application with any possible defaults in the code and without an individual right to support.

Smappee tries to keep the present information as up-to-date. However, errors are always possible and can never lead to breach of liability by Smappee. Did you discover an error yourself? Please report it through app@smappee.com.

URL’s (links), of which third parties control the content, can never lead to breach of liability by Smappee.

As a user, you are not allowed to make changes in the application. If you should do this anyway, obviously, Smappee cannot be held liable for damages arising from these adaptations.

Article 8. How much does the application cost?

In this article we define the price of the application.

The mobile application is free. Some functions of the application itself (products and analyses of energy, push-messages, additional services and options) can be delivered for a fee. The possibility to pay electronically is foreseen in the software. For this reason, the e-commerce legislation is not applicable to the application.

Article 9. How old do I need to be to use the application?

In this article we define the minimum age for the use of our app.

It is not possible to conduct direct purchases in the mobile application. Smappee however thinks the discernment of a minor is important. We assume one can use and install our application once the age of 12 has been reached. In case you have not yet reached the age of 12, and you install and use our application anyway, we assume you have asked the explicit or implicit consent of your parents.

Article 10. Who developed the application?

In this article we define the actual developer of the application.

The mobile application is issued by Smappee and was developed by (? Indien zelf ontwikkeld, geen verdere informatie nodig. Indien externe ontwikkelaar, graag bedrijfsgegevens en adres invullen).

Article 11. Which provisions are applicable?

In this article we define additional rules.

Apart from this License Agreement, more legal documents are applicable. It is strongly advised to read our Privacy Policy and General Terms and Conditions (e-commerce), Cookie Statement, Proclaimer and the ‘LICENSED APPLICATION END USER LICENSE AGREEMENT’ from Apple Inc. and the ‘LICENSING OVERVIEW’ from Google Inc.

We strongly advice to print these conditions, or make a local backup. We reserve the right to edit the conditions at all times, without prior notification. It is advised to regularly consult these conditions. Modifications will be indicated.

Latest modification: 4 december 2013.