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Terms And Conditions

  • Terms of Use

    Effective Date: 01.02.2025

  • Contact Information

    For any inquiries or feedback, please contact us at support@microbelink.com

  • Agreement Overview

    This Terms of Use Agreement ("Agreement") is a legally binding contract between HORIZON Technology BV (KVK 62892789), located at Verlengde Spiegelmakerstraat 4, 2645LT Delfgauw (the "Company" or "Licensor"), and any individual or entity ("End User") accessing or using the MicrobeApp.com application (the "Application"). By accessing or using the Application, you agree to be bound by this Agreement. If you do not agree, discontinue use immediately. Use of the Application is also subject to NLdigital Terms, accessible here: NLdigital Terms

  • Definitions
    • Application: The software provided by the Company, including updates, modifications, and enhancements.
    • User-Generated Content: Data submitted by users, including microbiome data, images, BMI data, and related health metrics.
    • End User: Any individual or entity accessing or using the Application.
    • Intellectual Property: Copyrights, patents, trademarks, database rights, trade secrets, and proprietary rights associated with the Application.
  • License Grant

    The Company grants the End User a limited, non-exclusive, non-transferable, revocable license to use the Application solely for personal purposes.

    The End User must not:

    • Transfer or sublicense Application access;
    • Reverse engineer, copy, alter, or create derivative works from the Application;
    • Use the Application unlawfully or to infringe third-party rights.
  • Intellectual Property and Data Ownership
    • Application Ownership: The Company retains full ownership and exclusive rights to the Application and any enhancements.
    • User-Generated Content: End Users irrevocably assign to the Company all global rights, title, and interest in content submitted through the Application. Users explicitly waive all moral rights (attribution or integrity) related to such content.
    • Data Usage: The Company may collect, store, analyze, and commercially exploit any data provided, including microbiome and health-related information, in compliance with applicable privacy laws.
    • Privacy: Data collection and processing practices are detailed in the Privacy Policy. End Users expressly consent to this data usage by using the Application.
  • Service Modification and Termination
    • The Company reserves the right to modify, suspend, discontinue, or terminate the Application (fully or partially), at any time without notice, liability, or compensation.
    • Termination or suspension does not entitle End Users to refunds or compensation unless explicitly agreed in writing elsewhere.
  • Disclaimers
    • As-Is Basis: The Application is provided "as is" and "as available" without warranties of any kind.
    • Medical Disclaimer: The Application does not provide medical advice. Users must consult healthcare professionals for medical decisions.
    • Decision Liability: The Company is not liable for decisions or actions taken by End Users based on information or insights provided by the Application.
  • Limitation of Liability
    • The Company's total liability shall not exceed the amount paid by the End User for the Application in the preceding 6 months.
    • The Company is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.
  • Indemnification

    The End User agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, expenses, or losses arising from:

    • End User's use of the Application;
    • Violation of these Terms;
    • Infringement of third-party rights;
    • Violation of applicable laws.
  • Third-Party Services

    The Company is not responsible for third-party content or services accessible through the Application. End Users should independently review third-party terms and privacy policies.

  • Force Majeure

    The Company is not liable for delays or failures resulting from causes beyond reasonable control, including natural disasters, cyberattacks, acts of war, or governmental actions.

  • Governing Law and Dispute Resolution
    • These Terms are governed by Dutch law.
    • Disputes will first be submitted to binding arbitration in the Netherlands. If arbitration does not resolve the issue, disputes will be resolved exclusively by competent Dutch courts.
  • Miscellaneous
    • Entire Agreement: These Terms constitute the entire agreement between Company and End User, superseding all prior agreements.
    • Assignment: Company may assign rights under these Terms without restrictions. End Users require written consent from the Company.
    • Electronic Acceptance: Clicking "Agree" or continued use of the Application constitutes legally binding acceptance of these Terms.
    • Amendments: The Company may modify these Terms without notice. Continued use signifies acceptance of amendments.
  • Acknowledgment

    By clicking "Agree" or continuing use, the End User confirms having read, understood, and agreed to these Terms of Use.