GENERAL TERMS OF USE
Agile 360 App

Article 1 Applicability Terms of use

1. These General Terms and Conditions of Use (hereinafter: "Terms of Use") apply to the use of the Agile 360 ​​application developed and operated by Agile 360 ​​Software B.V.
The User can download these Terms of Use via the website www.agile360.nl/general-terms-of-use.pdf so that they can be saved or printed.
The User can also request a written copy from Agile 360, which will be sent to the User on request.
2. By using the App, the User agrees to these Terms of Use as well as any additional conditions / modifications to ensure the proper functioning of the App.
3. If the App uses services from an External provider, the general terms and conditions and the privacy policy of the relevant External provider also apply. Agile 360 ​​is not responsible for the services and privacy policies of third parties.

Article 2 Definitions

1. App: the mobile application called Agile 360 ​​App that makes Agile 360 ​​available to Users for use on mobile devices containing an operating system from Apple or Google and any updates that may occur from time to time and any other software or documentation that uses mobile application.
2. User: The natural person who uses the App.
3. User agreement: the agreement entered into by registration, subject to acceptance of these Terms and Conditions.
4. External provider: Every legal entity, including a social network (Facebook, Hyves, Twitter, etc.), not being Agile 360, which processes data at the request of the User, for example to share this data with third parties.
5. Agile 360: Agile 360 ​​software B.V. located at (3701 CN) Zeist at Prins Hendriklaan 12.
7. Peripherals: The equipment, including a smartphone or tablet with which you use the App, including the associated operating system.
8. Content: All data accessible through the App (including images and sounds), services, software, data, files, ideas or other information.
9. Conditions: these general conditions of use App.

Article 3 Right of use App

1. In order to use the App, the User must download the App from the Apple App Store, Google Play Store or another digital platform, where The User can download the App. Download and use the App only in accordance with this App Terms and conditions of the provider of the aforementioned options from where you downloaded the App. The conditions of the provider of your peripherals may also apply when you use the app.
2. Agile 360 ​​grants the User a non-exclusive, non-sublicensable and non-transferable right to use the App for personal non-commercial use from the moment of registration during the term of the User Agreement. Prior written permission from Agile 360 ​​is required for any other use. The App can be used per account on a maximum of 1 device at a time.
3. By downloading, User expressly agrees that Agile 360 ​​gives User permission to access the App and that User thereby renounces the right to use the right of withdrawal and cancellation as in article 6: 230 of the Dutch Civil Code.
4. The use of the App is for own account and risk. The User guarantees that he / she will only use the App in accordance with these Terms of Use. The User is not allowed to use the App in a manner that may be detrimental to Agile 360 ​​and / or other products or services of Agile 360.
5. The User is not permitted to make the App available to a third party (including the provision of log-in data), to sell, to rent, to subject to reverse engineering or to adjust without prior written permission from Agile 360. Nor may the User remove technical provisions intended to protect the App or circumvent.
6. Agile 360 ​​has the right at any time to adjust the offered functionality of the App in order to improve or modify the functionality and to correct errors, as well as to make updates and upgrades available at its own discretion and / or by to feed.
7. Agile 360 ​​strives to the best of its ability to keep the App functional for the User, but it does not guarantee that the App will always be available in the future and always works faultlessly.

Article 4 Registration and registration

1. In order to use the App, it must be downloaded. Subsequently, the User must register sight as User of the App by following the appropriate instructions. The information requested, such as name and e-mail address, are required to be able to use the App.

Article 5 Rates

1. Agile 360 ​​charges for the use of the App. These are collected by direct debit. You can find which costs are charged at www.agile360.nl/rates.
In case of large purchase, there may be a framework agreement with the company where the individual works. In that case, the collection will take place through the employer.
2. The User himself bears the costs of the purchase and use of the Peripherals and connections (mobile and / or wireless internet) required for the use of the App.

Article 6 Equipment and connections

1. The App only works with the necessary peripheral equipment and (internet) connections. In order to use the App, the User must ensure that he or she has the necessary peripherals and connections.
2. To prevent misuse and / or malfunctions and other problems, the User must ensure that the Peripherals and connections are sufficiently secured, for example against unauthorized use by third parties and viruses.
3. The User warrants to Agile 360 ​​that the Peripherals and Connections used do not cause damage to Agile 360 ​​and / or Partners or third parties or that no rights of Agile 360, the Partners and / or third parties are thereby infringed.
4. Agile 360 ​​is not liable for any damage or costs as a result of his / her Peripherals or connections included - but not limited to - damage resulting from non-delivery, delay, manipulation or interception of the delivery of electronic messages and / or the functionalities of the App or the otherwise inadequate functioning of the App and resulting damage.

Article 7 Privacy

1. When processing personal data, Agile 360 ​​complies with applicable regulations, including the Personal Data Protection Act. The way in which Agile 360 ​​deals with the personal data of the Users is described in the www.agile360.nl/privacy-statement.pdf.
2. Agile 360 ​​uses the personal data of the User for the following purposes:
 a) for the App to function,
 b) for the User to use the various functions within the App,
 c) for the App to be tuned on the personal preferences of the User, so that the User does not have to fill in his / her data every time,
 d) to further develop and improve the App,
 e) for statistical purposes,
 f) to give permission, sending push messages via the App with information about completed and / or complete assessments.
3. If the User provides his / her personal data to an External provider and also installs an App that makes use of this personal data, the User authorizes the External provider to make this data available for the following purposes by installing the App to Agile 360, with due observance of the other privacy provisions stated on the website (s) of the External provider and Agile 360.

Article 8 Intellectual property

1. The App and the Content, the data included therein, questionnaires, models, advice, interventions, insights, images, sounds, texts and combinations thereof and other software are protected by copyright, database rights and other intellectual property rights. These rights are exclusively vested in Agile 360 ​​or its licensees. Without prior written permission from Agile 360, it is not permitted to copy or exploit any part / Content of the App or to process it in (un) processed form, or to use it in any other way.
2. If in the opinion of Agile 360 ​​it is plausible that the App infringes any right of a third party, Agile 360 ​​is entitled, at its discretion, either to make equivalent content available in the opinion of Agile 360 ​​or to provide the delivery of immediately stop the App. Any further liability, obligation to fulfill and / or obligation to pay damages is excluded.

Article 9 Liability

1. Agile 360 ​​gives no guarantee whatsoever with respect to the use of the App or the Content thereof and accepts no liability for damage or injury of any nature whatsoever arising from the use of the App or the Content thereof.
2. Agile 360 ​​does not guarantee that the App will function at all times and without interference. Agile 360 ​​reserves the right to fully or partially (temporarily) decommission the App in connection with performing maintenance or adjustment work.
3. Despite the constant care and attention devoted to the composition of the App, Agile 360 ​​can not guarantee the completeness, correctness or continuous topicality of the Content. Agile 360 ​​accepts no liability for any direct or indirect damage, of any nature whatsoever, arising from or in any way related to the use of the App / Content, (in) accessibility of or errors in the App or the made available Content, software, downloads or other data files, and products and services purchased via the App or in any other way.
4. Agile 360 ​​is not liable for the availability of (mobile) internet and / or the functioning of the Peripheral Equipment used by the User.
5. The aforementioned exclusions of liabilities of Agile 360 ​​also apply to all auxiliary persons and third parties engaged by Agile 360.

Article 10 Termination of use

1. If the User no longer wishes to use the App, the User may remove the App from his / her equipment by uninstalling it.
2. Agile 360 ​​is entitled to block access to an account or to definitively exclude a User from the further use of the App, without stating reasons.
3. Agile 360 ​​is at all times entitled to change the Content of the App and / or the rates in connection with the App (including but not limited to the calculation of costs for downloading the App).

Article 11 Apple

1. In addition to these Conditions, the conditions stated in this article apply to the use of Apple equipment and / or software:
2. Apple Inc. ("Apple") is not a party to the Agreement and is not responsible for the App and the Content. To the extent that Apple's applicable terms of use and terms available through www.apple.com extend beyond or conflict with what is stated in these Terms, the aforementioned applicable terms of use will prevail over these Terms.
3. The license in article 3 of these Terms and Conditions is limited to the use of the App on the Apple-authorized Peripheral Equipment and in accordance with the applicable terms and conditions of Apple.
4. Apple is not obliged to provide any maintenance and support services within the scope of the App.
5. Apple is not responsible and liable for any direct or indirect damage or costs of you or third parties, for any reason whatsoever, due to violation of intellectual property rights of third parties or violation of applicable product liability law, consumer law or any other applicable statutory provision.
6. By accepting these Terms and Conditions, the User confirms that he / she
 (i) is not resident in a country that is subject to an embargo issued by the competent authorities of the United States or has been designated by the competent authorities of the United States as a "terrorist supporting country" and
 (ii) is not on a list of the competent authorities of the United States with "prohibited or restricted parties".
7. Without prejudice to the provisions of Article 6: 145 Dutch Civil Code, the User agrees that Apple is third party beneficiary in relation to the Terms and that Apple has the right to enforce the provisions in the App Terms in its own name as true Apple Agile 360.

Article 12 Google

1. In addition to these Conditions, the conditions stated in this article apply to the use of Apple equipment and / or software:
2. Google Inc. ("Google") is not a party to the Agreement and is not responsible for the App and its Content. To the extent that the applicable terms and conditions of use and terms and conditions of Google, available through www.google.com, go beyond or conflict with what is stated in these Terms and Conditions, the aforementioned applicable user instructions apply to the App Terms.
3. The license in article 3 of the Terms and Conditions is limited to the use of the App on the Peripheral Equipment authorized by Google and in accordance with the applicable terms and conditions of Google.
4. Google is not obliged to provide any maintenance and support services within the scope of the App.
5. Google is not responsible and liable for any direct or indirect damage or costs of you or third parties, for any reason whatsoever, due to violation of intellectual property rights of third parties or violation of applicable product liability law, consumer law or any other applicable statutory provision. By accepting these Terms and Conditions, the User confirms that he / she
 (i) is not resident in a country that is subject to an embargo issued by the competent authorities of the United States or has been designated by the competent authorities of the United States as a " terrorist supporting country " and
 (ii) is not on a list of the competent authorities of the United States with" prohibited or restricted parties ".
6. Without prejudice to the provisions of article 6: 145 Dutch Civil Code, the User agrees that Google is third party beneficiary in relation to the Terms and that Google has the right to enforce the provisions in the App Terms in its own name as true Google Agile 360.

Article 13 Applicable law and competent court

1. Only Dutch law applies to these Terms of Use, to the use of the App and to all resulting or related disputes.
2. Any disputes arising from these Terms of Use or the use of the App must be submitted to the competent court in Utrecht.

Agile 360 ​​is entitled to adjust these Terms of Use from time to time. The Terms of Use were last modified on January 19, 2018.