These terms of service (“Terms of Service”) are for use of the Take it Personally app (also “our app” or “the app”) and for the website available under (at least) the domain name https://takeitpersonally.app.
Take it Personally is a mobile smartphone app that brings together professionals (“Professionals”) and (potential) customers (“Customers”). It allows Customers to share their appreciation and to contribute to the Professional’s reputation growth. It also allows Professionals to be found by Customers and to grow their professional profile.
We hope you enjoy using our app. To keep the use of the app fun for all users, and to keep it legal, we expect or ask the following:
There are some things you are not allowed to do when using Take it Personally:
If you are a Take it Personally user you are not allowed to:
If you are a Professional you are also not allowed to:
We reserve the right to temporarily block or permanently remove your account if:
We may, but do not have to, warn you before we block your account. However, if you are a Professional user within the European Union, we will warn you beforehand and explain our reasons for wanting to block your account. If we want to remove your account, you will be granted a 30 day notice period, unless we are obliged to remove it under applicable laws or unless you have repeatedly violated these Terms of Service. You may indicate why you believe the blockage or removal of your account is not justified and we will respond to your explanation, giving our reasons why we believe it is justified, such unless we are obliged to remove your account under applicable laws or unless you have repeatedly violated these Terms of Service. If we agree with you, we will not block or remove your account but if we do not agree, we will continue with blocking or removing your account.
We will block a user’s account who has passed away upon the request of the user’s family or heirs. We reserve the right to ask you to submit proof of the user’s demise.
After your account has been blocked, you can no longer use Take it Personally and you no longer have access to your account or to the information, files or other content in your account. If you wish to receive a copy of this, you may submit a request and if it does not contain any illegal information, file or other content, we shall hand it over to you electronically.
We reserve the right to stop offering Take it Personally and to stop offering new versions of Take it Personally. If we then close all accounts, this means you can no longer access or use your account.
If we have to make costs in relation to blocking your account, we reserve the right to charge these costs to you.
TAKE IT PERSONALLY CONTAINS THE FUNCTIONALITIES AND OTHER SPECIFICATIONS AS INDICATED WHEN YOU DOWNLOAD IT, IT IS PROVIDED “AS IS, WHERE IS”. WE DO NOT GIVE ANY GUARANTEES WITH REGARD TO TAKE IT PERSONALLY, SUCH AS THAT IT HAS FULL FUNCTIONALITY, THAT IT IS FREE FROM ERRORS OR THAT IT OPERATES 24/7.
We don’t provide ongoing support of Take it Personally in the sense that we can solve issues of individual users, but will try to answer your questions about Take it Personally as soon as possible and we will try to release updates on the app from time to time to solve issues. These updates may also have new or different functionality and may have important security features. Therefore, it is important that you install updates, not doing so is at your own risk.
We are the controller for all personal data processed through Take it Personally. If you are a Professional, you will use the personal data of other users professionally, for your own purposes through your account. You determine the purposes and the means of that data processing and are solely responsible for the processing of such data and for complying with applicable laws, such as the European General Data Protection Regulation (GDPR). This means amongst others that if you cause a data breach, for example because your log-in details are used by an unauthorized person to access the personal data in your account, you are responsible for notifying this to the competent authorities and the relevant users involved.
The information, files and other content you upload into Take it Personally remains yours (or your licensor’s if you work for an organisation). We do not claim rights to it and will not re-use it, other than showing some of it in Take it Personally for other users – for which you grant us a license as long as you have an account – or if you give us your explicit prior consent for specific use of it, for example in an advertisement.
You warrant that you have the rights and full authorization to upload the information, files and other content to Take it Personally and that this does not infringe on the rights of others. You are responsible for any claims from others that we receive and any costs we have to make in this respect.
If you believe your intellectual property rights have been infringed by another user, you can let us know and we shall investigate the situation. We may have to block a user’s account if it is used to infringe another’s intellectual property rights.
All intellectual property rights, including ‘sui generis’ database rights related to our app (also “our intellectual property rights”) remain ours or our licensors’. You only get a right to use Take it Personally for your own individual purposes. We reserve all other rights.
You are not allowed to grant or transfer the right granted to you to any others, or make copies – or parts of it – of our app, or to sell, exploit, transfer, lease, distribute, rent it or otherwise dispose of the app, or grant other any other any rights thereto. You may not sell or otherwise hand over the property of the device on which Take it Personally is installed, unless this is permitted under applicable mandatory law.
You may not make changes to the app, except of course when you are adding information, files and other content during your use of the app.
You may also not reverse engineer the app or otherwise derive the source code of it, except if this is permitted by applicable mandatory law in which case we you must contact us first to ask for information to bring about the interoperability of the app with other software. You may however, in no event, re-use the source code – or parts of it – without our prior written consent.
You may also not infringe our intellectual property rights in any other any manner, for example (but not limited thereto), by registering the name Take it Personally or a similar brand name as a trademark, domain name and the like, use Take it Personally as a brand for another product, service or app, remove or change property markings from Take it Personally or make them unreadable, or circumvent technical measures that we have implemented in the app to secure our rights. If you infringe our rights, this also constitutes a non-compliance with these Terms of Service, for which we can block your account.
We offer a platform on which users can come into contact with each other. We do not moderate the contents of the platform. However, we may pursuant to applicable laws, be obliged to remove evidently unlawful content.
If someone finds any information, files or other content in Take it Personally (the “Content”) to be unlawful, e.g. because it does not comply with applicable laws, with these Terms of Service or because it infringes their rights, they may contact us (see below under “How can you contact us?”) and request us to remove such Content. For users, there is also a notification/reporting functionality in the app.
In the request, they must identify themselves, indicate what Content they wish to be removed, explain why it is unlawful and provide the information required to support this and give us a reasonable term to remove the Content.
By submitting a request, the relevant person or legal entity indemnifies and hold us, our officers, employees, agents and successors harmless from any loss, damage, costs, fines and third party claims that are the result of the measures taken by us upon the request. They will, at our first request and at their own cost take up the defence against any such third party claim. The person submitting a request on behalf of a legal entity warrants that he or she is authorized to represent the legal entity.
If we determine the Content is unequivocally unlawful, we shall remove it.
If we determine the Content is not unequivocally unlawful, we shall inform the requestor thereof and indicate why.
Of course, we don’t want you to suffer damage as a result of your use of our app.
BUT, IF THIS DOES HAPPEN THEN, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, WE, AS WELL AS THE PARTIES AND PERSONS WE WORK WITH IN RELATION TO OUR APP AVAILABLE, LIMIT OUR LIABILITY AS SET OUT BELOW.
WE LIMIT OUR LIABILITY TO DIRECT DAMAGES, AND TO EITHER THE AMOUNT YOU PAY FOR THE APP, IF ANY, OR IF THIS IS NOT DEEMED REASONABLE, THE AMOUNT PAID BY OUR INSURER, OR, IF OUR INSURER DOES NOT PAY OUT, AN AMOUNT OF EUR 250 (TWO HUNDER AND FIFTY EURO’S). DIRECT DAMAGES ARE THE COSTS FOR DETERMINING THE DAMAGE AND OUR LIABILITY. WE CANNOT BE HELD LIABLE FOR ANY OTHER TYPES OF DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS OPERATIONS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, REPUTATIONAL DAMAGE, DAMAGE CAUSED BY, OR TO OTHER TAKE IT PERSONALLY USERS, DAMAGE CAUSED BY US BLOCKING YOUR ACCOUNT AS SET OUT IN THESE TERMS OF SERVICE, OR OTHER TYPES OF DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF YOU OR US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS DO NOT APPLY IN CASE OF THE INTENT OR GROSS NEGLIGENCE OF OUR MANAGING DIRECTORS – WHO CANNOT HOWEVER IN ANY CASE BE HELD PERSONALLY LIABLE.
WE ARE NOT LIABLE FOR DAMAGE AS A RESULT OF ‘FORCE MAJEURE’ EVENTS (IN NORMAL LANGUAGE: EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL). THIS INCLUDES AMONGST OTHERS ERRORS IN TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, PROBLEMS WITH OPERATING SYSTEM MANUFACTURER OF YOUR DEVICE, PROBLEMS WITH OUR EMPLOYEES, GOVERNMENT MEASURES, AGENTS OR SUPPLIERS WHICH WE DEPEND ON TO MAKE TAKE IT PERSONALLY AVAILABLE TAKE IT PERSONALLY.
WE ALSO, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS OR PERFORMANCE OF A SERVICE, OR NON-INFRINGEMENT, OR THAT THE SERVERS THAT MAKE TAKE IT PERSONALLY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN ANY EVENT WE CAN ONLY BE LIABLE FOR DAMAGE AFTER WE HAVE BEEN SERVED A WRITTEN NOTICE OF DEFAULT, SETTING OUT THE DEFAULT IN DETAIL AND ALLOWING US A REASONABLE REMEDY TERM OF AT LEAST FOUR WEEKS TO REMEDY THE DEFAULT, AND IF WE HAVE THEN NOT REMEDIED THE DEFAULT WITHIN SUCH TERM.
To the extent permitted by applicable laws, you are responsible for any claims from others that we receive, and which are the result of you not complying with these Terms of Service, or any other of your acts or omissions.
We may have to change these Terms of Service from time to time. If we do so, we will notify you thereof in advance or we will introduce the changed terms in a new version of Take it Personally and let you know they have been updated. You can delete your Take it Personally and cancel your subscription if you do not agree with the changes.
However, if you are a Professional, the following applies: we will notify you of the intended amendment of the Terms of Service, taking into account a notice period of at least 15 days. If you do not agree to the amendment, you may delete your account. If you continue to actively use Take it Personally, either during the 15 day notice period or thereafter, we assume you have agreed to the new Terms of Service. The above 15 day notice period does not apply if we have to amend our Terms of Service pursuant to applicable laws and this does not allow for a notice period, or if we have to amend our Terms of Service in relation to an unforeseen and threatening risk. The Terms of Service may apply retrospectively in case of changes required pursuant to applicable laws.
The legal relationship with you, including these Terms of Service and any ensuing conflicts are governed by the laws of the Netherlands. However, applicable mandatory consumer law may determine that another law applies. If it doesn’t then exclusively the laws of the Netherlands apply.
The court in the area of our main establishment in the Netherlands has jurisdiction with regard to any conflicts between us. However, if applicable laws appoint another court pursuant to consumer law, you are entitled to invoke the jurisdiction of such other court, within a month after we have invoked this clause.
In case a provision of these Terms of Service is invalid in any way, this does not influence the other provisions of the Terms of Service. The invalid provision will be deemed replaced by a provision that is valid, in view of its original intent and purpose. We will update our Terms of Service as soon as possible.
If we do not enforce a certain provision of these Terms of Service, this does not mean we waive our rights to enforce such, or any other provision.
The agreement with you is archived in the sense that we log your acceptance of these Terms of Service and the registration of your account. You can access and download these Terms of Service at any time through your account.
The agreement with you is concluded in English or in other languages as indicated in the app store. If these Term of Service are translated, the English version always prevails.
When you download Take it Personally, you can immediately start using it, this means you have no 14 day cancellation right – in so far as this were to be applicable in your jurisdiction to you as a consumer.
Professionals are listed in Take it Personally on the basis of proximity and the reputation they’ve built up in Take it Personally (in a ‘face cloud’, the Professional with the highest reputation has the biggest photograph), not on the basis of a certain ranking. We do not treat Professionals unequally, e.g. because they pay us.
After the agreement between us has ended, the provisions in articles 6, 7, 8, 10 and 12 shall survive.
If the Professional is established outside the Netherlands, articles 6:232 and 6:234 (jo. 6:230c) of the Dutch Civil Code apply.
If you have any questions or complaints or another reason to contact us, please do so at: firstname.lastname@example.org