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Terms of Use

Terms of Use

Welcome to iZiViD. iZiViD B.V., a private limited liability company registered in the Netherlands with its registered office at Hunzestraat 6 #2, 1079WC Amsterdam, the Netherlands (referred to in this document as “iZiViD,” “we,” or “us”), provides a safe and friendly environment for its users. Please read these Terms of Use (“Terms”) carefully before using iZiViD.com (the “Website”), the iZiViD app, and any related online products and services that link to these Terms (together, the “Services”).

All references to “you” or “your” mean the person who accesses and/or uses the Services in any manner. Unless the context otherwise requires, references to “you” and “your” refer to both you and your child.

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS MUST BE READ AND ACCEPTED BY PARENTS AND GUARDIANS ON BEHALF OF THEIR CHILDREN. WE WILL NOT ACCEPT THE CONSENT OF A CHILD OR MINOR AS VALID CONSENT, AND CHILDREN SHOULD NOT USE THE SERVICES WITHOUT THE EXPLICIT CONSENT AND SUPERVISION OF THEIR PARENTS OR GUARDIANS.

The Services are intended for use in the Netherlands and within the European Economic Area (EEA). While users from other jurisdictions may access the Services, your use is primarily governed by Dutch and applicable EU law.

GENERAL TERMS AND LICENSELICENSE AND USE LIMITATIONSSUSPENSION AND TERMINATION OF ACCOUNT AND SERVICESSUSPENSION AND TERMINATIONOF ACCOUNT AND SERVICESACCOUNT OWNERSHIPTHIRD-PARTY HYPERLINKS AND THIRD-PARTY CONTENTTHIRD-PARTY HYPERLINKSAND THIRD-PARTY CONTENTRIGHTSFEES AND PURCHASESDISCLAIMER OF WARRANTIESLIMITATION OF LIABILITYGOVERNING LAW AND DISPUTE RESOLUTIONGOVERNING LAWAND DISPUTE RESOLUTIONINDEMNIFICATIONMISCELLANEOUS GENERAL TERMS AND LICENSE 1. GENERAL TERMS AND LICENSE

1.1 Governing Agreement

By using the Services, you: (1) agree to be bound by these Terms; (2) acknowledge our Privacy Policy, which is located at https://www.iZiViD.com/privacy-policy and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on the Services from time to time (together, the “Agreement”) both on your behalf and on behalf of your child. These legally binding Terms set out your rights, obligations, and restrictions regarding your use of our Services. If you do not agree to the Terms, do not use the Services. If you are dissatisfied with this Agreement, your sole and exclusive remedy is to discontinue your and your child’s use of the Services.

If you are entering into this Agreement on behalf of a child, you hereby represent, warrant, and covenant to iZiViD that, at all times during your and your child’s use of the Services: (a) you are of legal age (the age of majority) in the jurisdiction in which you live (which in most jurisdictions in the EEA is 18 years of age); and (b) you are a parent or legal guardian of the child and are authorized to enter into legal agreements on their behalf.

In order to participate in certain Services, you may be required to download content, software, and/or agree to additional terms of use. Unless otherwise expressly set forth in any such additional terms of use applicable to the specific Website or Application in which you choose to participate, those additional terms of use are incorporated into this Agreement.

1.2 Entering the Agreement

You affirm that you have read and accepted these Terms and are fully able and competent to, and in fact do, enter into the conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

1.3 Updates to the Terms

We may amend any part of these Terms by adding, deleting, or varying its terms from time-to-time in our discretion. We will provide you with notice of any material proposed amendment via email and by posting an amended version of these Terms with a new “Last Updated” date. We will include a link to the previous version of the terms beneath the new “Last Updated” date.

The amendments will take effect 30 days after the date on which we provide notice of the amended version. Prior to that date of the amendment(s), the previous version of these Terms will continue to govern your relationship with iZiViD.

If you disagree with any amendments, you may terminate these Terms by ceasing to use the Services at any time within the 30-day period before the amendments take effect. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also terminate in the 30 days after the amendments take effect. In either case, there is no cost or penalty for terminating. If you do not cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.

If at any point you do not agree to any portion of the then-current version of our Terms, you must immediately stop using our Services, and your license to use the Services shall immediately terminate.

1.4 Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms, iZiViD grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services solely for your own non-commercial purposes.

1.5 Account Information and Personal Information

Our Services support different types of accounts for users (“Accounts”). When using the Services, you may be required to create an Account. Depending on your role, your Account may be categorized as one of the following:

  • Main Parent Account: This account is for an adult user who is a parent or legal guardian of children they wish to enable to use the Service. The Main Parent Account holder is solely responsible for all in-app purchases and has primary control over associated Child Accounts and the invitation of other Adult Accounts.

  • Parent Account: This account is for adult users who are also parents or legal guardians of children using the Service, and who have been invited and granted access by a Main Parent Account holder. Parent Accounts share supervisory responsibilities for Child Accounts.

  • Adult Account: This account is for other adult users, such as grandparents or trusted caregivers, who have been invited and granted access by a Main Parent Account holder. Adult Accounts can interact with Child Accounts as permitted by the Main Parent Account holder.

  • Child Account: This account is for children, created and managed by a Main Parent Account holder..

When creating or updating an Account, you may be asked to provide iZiViD with certain personal information, which will be subject to our Privacy Policy. You agree that you will supply accurate and complete information to iZiViD and that you will update that information promptly if it changes. You agree you won’t share your login information (including your password) with anyone else and you’ll notify us if you suspect there has been unauthorized access to your Account.

You are solely responsible for maintaining the confidentiality of the login information, and you’ll be responsible for all uses of the login information and anything that happens through your Account. iZiViD won’t be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur because of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or haven’t advised us of such unauthorized use. You will be liable for losses, liability, damages, expenses, and attorneys’ fees incurred by iZiViD or a third party due to someone else using your Account.

iZiViD reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

Once your Main Parent Account has been created, iZiViD will permit you to generate invitations, including a unique link that will download, install, and log in the Application, and a PIN that can be used by your child to access his or her Child Account. By providing your child with this link and PIN, you explicitly confirm your parental consent for your child’s use of the iZiViD Services under your supervision and in accordance with these Terms.

Your Main Parent Account can also be used to invite and grant Parent Account status to another parent or guardian of your child, or Adult Account status to other trusted adults, such as grandparents. By granting Parent Account or Adult Account status to such other Account, you hereby: (a) represent, warrant, and covenant that the other person to whom that iZiViD account pertains is indeed a parent, guardian, or trusted adult of your child; and (b) acknowledge and agree that the other adult will be able to perform all of the same types of activities under his or her Account in connection with your child’s Child Account as you are able to perform using your Main Parent Account, subject to the KWS requirement outlined below.

All Main Parent, Parent, and Adult Account holders must undergo a Know Your Customer (KWS) process provided by [Kids Web Services (KWS) – https://www.kidswebservices.com/ or similar service] before they can participate in a video call with a child through the Services. If an adult account holder doesn’t successfully complete the KWS process, they won’t be able to participate in video calls with children. This KWS process is designed to enhance the safety and security of children using iZiViD, and you consent to our use of this third-party service for identity verification.

You agree and understand that you are responsible for maintaining the confidentiality of your Account, your password, and any PINs associated with your Main Parent, Parent, or Child Accounts, and you agree not to disclose these to any unauthorized third party. You are solely responsible for all activities that occur under your Main Parent Account, or any Parent, Adult, or Child Accounts affiliated with your Main Parent Account. If you become aware of any unauthorized use of your Main Parent Account or any Parent, Adult, or Child Accounts affiliated with your Main Parent Account, you are responsible for notifying iZiViD immediately.

1.5.2 Parent Accounts and Adult Accounts

At the time you sign up for a Parent Account or an Adult Account (upon invitation from a Main Parent Account holder), you’ll be provided with login details. You must also provide us with certain Profile Information. You agree to provide true, accurate, current, and complete information about yourself, and you agree not to misrepresent your Profile Information. It’s your responsibility to update or change your Profile Information, as appropriate.

You must undergo the KWS process as described in Section 1.5.1 before you can participate in a video call with a child through the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your Account, including your password, and you agree not to disclose such information to any third party. You are solely responsible for all activities that occur under your Parent Account or Adult Account. If you become aware of any unauthorized use of your Parent Account or Adult Account, you are responsible for notifying iZiViD immediately.

Parent Accounts and Adult Accounts may upload personal photos, videos, and other media, and may prepare playlists for use during calls. However, any child invitation or connection initiated by a Parent or Adult Account requires approval by the Main Parent Account holder before activation. The Main Parent retains ultimate control over which content sources and uploaded materials are accessible to the child.

LICENSE AND USE LIMITATIONS

2. LICENSE AND USE LIMITATIONS

2.1 License

Any use of our Services in violation of the use and conduct guidelines in this Section 2 is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services, including undermining or manipulating the legitimate operation of any iZiViD Website or Application, is a violation of these Terms and may be a violation of criminal and civil laws.

2.2 Acceptable Use and Conduct

  • Fail to monitor your Account to restrict use by children. You accept full responsibility for unauthorized use of the Services, including by minors, in connection with your Account.

  • Engage in any act that iZiViD deems to conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms or any other iZiViD policies.

  • Have more than one Account at any given time, or create an Account using a false identity or information, or on behalf of someone other than yourself.

  • Have an Account or use any of the Services if you have previously been removed by iZiViD or previously been banned from accessing any of our Services.

  • Fail to monitor your Account to restrict use by children. You accept full responsibility for unauthorized use of the Services, including by minors, in connection with your Account.

  • Engage in any act that iZiViD deems to conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms or any other iZiViD policies.

  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.

  • Post or do anything that could disable, overburden, or impair the proper working of the Services, including make available any material that contains any virus, malware, software lock, worm, trojan horse, trap door, or similar material.

  • Stalk or otherwise harass anyone on the Services or with information obtained from the Services.

  • Collect, use or disclose data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations, particularly the GDPR.

  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Services for the purposes of automating logins to the Services.

  • Attempt to gain unauthorized access to the computer systems of iZiViD or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services.

  • Without iZiViD’s express written consent, use the Services or any part thereof for any commercial purpose, such as benchmarking, or license, sublicense, rent or lease the Services to third parties, or use the Services for third party training, commercial time-sharing or service bureau use.

  • Use your Account to advertise, solicit, or transmit commercial advertisements or unauthorized communications through the Services, including junk mail, chain letters, spam, repetitive messages and any materials that promote malware, spyware and downloadable material.

  • Impersonate a iZiViD employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Services or a portion thereof without proper authorization.

  • Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms.

  • Access the Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Services.

  • Access Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by iZiViD, such as agents, scraping, framing, or copying.

  • Copy, modify or distribute rights or content from any Services or iZiViD’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms.

  • Use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services; reproduce or circumvent the navigational structure or presentation of the Services; or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services.

You agree that you will not, under any circumstances (together, “License Limitations”):

2.3 User Content

The Services enable verified Adult Users — including Main Parent, Parent, and Adult Account holders (such as co-parents or grandparents) — to provide or upload content, including but not limited to videos, photos, graphics, audio, messages, emojis, and text (collectively, ‘User Content’) to iZiViD for the purpose of providing the Services, including sharing User Content with your contacts as you designate on the Services to receive such User Content (“Contacts”). You acknowledge and agree that you are solely responsible for all User Content you submit, provide, or upload and the consequences for submitting, providing, or uploading it, and you consent to our collection and use of such User Content in the manners described in these Terms and the Privacy Policy.

iZiViD will use User Content you upload solely in connection with providing the Services to you and your Contacts, and for no other reason. As between you and iZiViD, you own all of your User Content. You agree that, upon your uploading, or otherwise providing, any User Content on or through the Site and/or the Services, you grant to iZiViD a perpetual, worldwide, non-exclusive, royalty-free license, with the right to sublicense, to use, reproduce, process, and display all or any portion of such User Content, solely in connection with providing the Services. This license includes the right to host, index, cache, or otherwise format your User Content in order to provide the Services.

You represent and warrant that you own your User Content or have the necessary licenses, rights, consents, and permissions to grant the license set forth herein and that its provision to iZiViD or iZiViD’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights, or any other intellectual property rights or other rights of any person or entity.

You agree that iZiViD is not responsible for any violations of any third-party intellectual property rights in any User Content that you submit to iZiViD. You agree to pay all royalties, fees, and any other monies owing to any person by reason of the User Content uploaded, displayed, or otherwise provided by you to the Services.

2.4 Content Watching and Playlists

  • External Content: iZiViD acts as an aggregator and player for content hosted on external platforms. We do not host, control, or take responsibility for the content, privacy practices, or terms of use of these external platforms. Your access and viewing of content on external platforms are subject to their respective terms and policies.

  • Local Content: You are solely responsible for ensuring that you have the necessary rights and permissions to access, share, and play any local content on your device through the iZiViD Application.

  • Content Responsibility: The Services enable verified Adult Users (Main Parent, Parent, and Adult Accounts) to create playlists by linking to external content (such as YouTube, Google Drive, Dropbox, or local files) or by uploading personal media. While these users may prepare playlists, the Main Parent Account holder remains ultimately responsible for approving or restricting which content is accessible to the child. While iZiViD may offer age-based recommendations similar to the Dutch Kijkwijzer system, it is your responsibility to ensure the content is appropriate for your child.

The Services enable you to create playlists by linking to content from external sources (such as YouTube, Netflix, Google Drive) or local content stored on the user’s device. iZiViD provides a player for this content. You acknowledge and agree that:

2.5 Monitoring

iZiViD may, but has no obligation to, monitor User Content (defined broadly as any content you interact with, link to, or share within the app) you may create, share, or upload using our Services. You consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect iZiViD or its customers, or to operate the Services properly. iZiViD, in its sole discretion, may refuse to post, remove or require you or your child to remove any such content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate or in violation of these Terms or applicable Dutch law.

SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES

SUSPENSION AND TERMINATION

OF ACCOUNT AND SERVICES

3. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES

Without limiting any other remedies, iZiViD may, in its sole discretion, limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof for any reason, including if you are, or if iZiViD suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Without limiting our other remedies, iZiViD may limit, suspend or terminate any part of our Services and Accounts or portions thereof, prohibit access to our Services and their content, and take technical and legal steps to prevent users from accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies. Additionally, iZiViD may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.

Termination of your Account can include disabling your access to the Services or any part thereof including any User Content you submitted. You may also lose access to Products or purchases associated with your account.

ACCOUNT OWNERSHIP

4. ACCOUNT OWNERSHIP

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an Account, and you further acknowledge and agree that all rights in and to an Account are and shall forever be owned by and inure to the benefit of iZiViD.

The Main Parent Account holder may revoke or modify the access of any Parent or Adult Account at any time, including revoking the ability to upload content or connect with the child. Parent and Adult Accounts acknowledge that their participation is conditional on Main Parent approval.

Generally, Accounts created with iZiViD will be considered active until we receive a request from the Account owner to deactivate or delete them; we also reserve the right to terminate any Account that has not been accessed for 180 days.

THIRD-PARTY HYPERLINKS AND THIRD-PARTY CONTENT

THIRD-PARTY HYPERLINKS

AND THIRD-PARTY CONTENT

5. THIRD-PARTY HYPERLINKS AND THIRD-PARTY CONTENT

The Services may have hyperlinks to third-party sites and may display content and other information from third-party sites. iZiViD does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of such third-party content. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms. Furthermore, iZiViD is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. iZiViD and its affiliates, employees, agents, and licensors are not responsible for any errors or omissions or for the results obtained from the use of such information contained in third-party content.

The appearance of external hyperlinks does not constitute endorsement by iZiViD or its affiliates of the opinions or views expressed by these third-party websites.

Finally, iZiViD will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites.

RIGHTS

6. RIGHTS

All material available on the Services and all material and services provided by or through iZiViD, its affiliates, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”) are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

You are not permitted to download, copy or otherwise store any Materials, excluding, for clarity, any User Content.

If iZiViD, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party’s system, then iZiViD may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. iZiViD has no liability to you for suspending the Services under this provision.

We welcome feedback, comments and suggestions (together, “Feedback”) for improvements to our Services. You can submit Feedback by contacting us using the information in the “Contact Us” section below. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the Feedback you provide for any purpose.

FEES AND PURCHASES

7. FEES AND PURCHASES

iZiViD may charge fees for access to certain Services and for purchases on some of its Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

7.1 Authorization to Charge for Use of Services

We may charge an account fee or subscription fee for access to certain Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card or other payment method accepted by us to activate and maintain an Account). You authorize iZiViD to charge you through the payment method that you provide iZiViD. You are also responsible for charges for any Services ordered through your Account that are offered for sale through our Services. If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal).

7.2 Subscription Renewal

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription to the Application, set of Applications, or portion of the Services specified at purchase requiring recurring payments at the stated frequency (e.g., monthly or annual) until cancelled. You will be charged your first subscription fee and any applicable taxes on the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current subscription period: (a) you terminate your Account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The subscription fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable Dutch and EU consumer law. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your subscription. You will be responsible for paying all past due amounts.

If you are on a monthly recurring subscription, we will aim to initiate each monthly payment on the same day as the first month’s charge if that day is contained within the billing month. If such day is not contained within the billing month, then we will aim to initiate payment on the 28th, 29th, or 30th of the applicable billing month.

We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the Services or subscription services. If you would like to use a different payment method or if there is a change in payment method, please visit the settings area of your Account to update your billing information.

7.3 App Store Subscriptions

Subscriptions purchased inside a third-party App Store or platform Application—not on our Website—are managed directly by the applicable App Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. We rely on the App Store to collect subscription fees, manage the subscription, and to report on the status of subscription accounts that have been purchased from within the app. We do not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to, initiating, canceling, or refunding subscriptions.

7.4 Subscription Cancellations

When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. You may cancel your subscription via the settings menu within your online account or, for subscriptions purchased through a third-party App Store or platform, through that third party. For more information on how to cancel your subscription, see our Help page: https://www.iZiViD.com/help-together. If you cancel, your right to use the subscription services will continue until the end of your then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges.

7.5 Gift Subscriptions

We may allow you to purchase a gift subscription for others. A gift subscription is only redeemable for the subscription type (for instance, a specific Application or portion of the Services) and length of time as specified at purchase. A gift subscription can only be redeemed by an individual who does not have an active subscription to such Application or Services. A gift subscription is a one-time purchase and does not automatically renew.

DISCLAIMER OF WARRANTIES

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IZIVID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IZIVID MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IZIVID OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IZIVID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IZIVID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) 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 SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL IZIVID’S 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 ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE DUTCH LAW.

GOVERNING LAW AND DISPUTE RESOLUTION

GOVERNING LAW

AND DISPUTE RESOLUTION

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands.

10.2 Dispute Resolution for EU/EEA Residents

If you are a resident of an EU/EEA member state, you may be able to rely on mandatory provisions of consumer protection law in your country of residence. We will try to resolve any disputes with you quickly and efficiently.

If you are a consumer in the EU/EEA and wish to have more information about online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, shall be referred to and finally determined by the competent courts of Amsterdam, the Netherlands.

INDEMNIFICATION

11. Changes to our Privacy Policy

You agree to indemnify, defend, and hold harmless iZiViD, its affiliates, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or your child’s) violation of these Terms or any User Content you submit, post, or transmit through the Services.

MISCELLANEOUS

12. MISCELLANEOUS

These Terms, together with the Privacy Policy and any other legal notices published by iZiViD on the Services, constitute the entire agreement between you and iZiViD regarding the use of the Services.

12.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

12.3 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and iZiViD’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without iZiViD’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. iZiViD may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.5 Contact Us

If you have any questions or concerns about these Terms, please contact us. iZiViD B.V. The Netherlands

Email: use the contact form or write to terms@iZiViD.com Website: iZiViD.com

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