Terms of conditions
1. Use of the 433-App
This data privacy policy applies to the 433-App with all content, functions and services. 433 Horizon has developed and exploits the 433-App and acts as responsible body for the lawfulness of the processing of your Personal Data under data protection laws. Please find our contact details below:
433 Horizon B.V.
Rigakade 20 (1013 BC)
Amsterdam
the Netherlands
In case you have any questions relating to your privacy or data protection, please contact us via support@by433.com.
2. Terms of use
2.1 It is not permitted to use the 433-App for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous, or racist.
2.2 It is not permitted to : decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law; supply copies of the App to third parties; sublicense the App or to make the App available to third parties, by rental, Software-as-a-Service constructs or otherwise; modify the App, except to the extent permitted by mandatory law;
2.3 Should 433 Horizon discover that you violate any of the above, or receive a complaint alleging the same, then 433 Horizon may intervene to end the violation.
2.4 If in the opinion of 433 Horizon the continued functioning of the computer systems or network of 433 Horizon or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, 433 Horizon may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5 433 Horizon is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6 433 Horizon may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless 433 Horizon from all third-party claims arising out of your violation of these terms of use.
3. Availability and maintenance
3.1 433 Horizon uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 433 Horizon actively maintains the 433-App. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible and appropriate.
3.3 433 Horizon may from time to time adapt the 433-App. Your feedback and suggestions are welcome but ultimately 433 Horizon decides which adaptations to carry out (or not).
4. Intellectual property
4.1 The 433-App, the accompanying software as well as all information and content on the website is the intellectual property of 433 Horizon. None of these items may be copied or used without prior written permission of 433 Horizon, except and to the extent permitted by mandatory law.
4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). 433 Horizon receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
5. Compensation for the service
5.1 To offer you the 433-App free of charge, 433 Horizon presents advertisements of its sponsors in the 433-App.
5.2 Consult the 433 Horizon privacy policy to learn more about your privacy in connection with advertisements.
6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence 433 Horizon shall not be liable for the use of the 433-app or any damages in connection therewith.
6.2 433 Horizon in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to 433 Horizon at most two months after discovery.
6.4 In case of force majeure 433 Horizon is never required to compensate damages suffered by you. Force majeure includes among other disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires, and floods.
7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated. You can this agreement at any time with immediate effect by deleting the 433-App from your mobile device.
7.2 433 Horizon B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event 433 Horizon shall first send a reminder mail to the e-mail address connected to your account.
7.3 Please note it is not possible to export data you store or process using the 433-App.
8. Changes to terms
8.1 433 Horizon may change or add to these terms and conditions as well as any prices at any time.
8.2 433 Horizon shall announce through the service changes or additions at least thirty days before their taking effect.
8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of 433-App after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
9. Miscellaneous provisions
9.1 Dutch law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with 433-App shall be brought before the competent Dutch court for the principal place of business of 433 Horizon.
9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the 433 Football platform service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by 433 Horizon shall be deemed to be authentic unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 433 Horizon B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the 433-App or the associated business activities.