[[[["field11","contains","Ja"]],[["show_fields","field19"]],"and"],[[["field13","contains","Nee"]],[["show_fields","field20"]],"and"],[[["field13","contains","Ja"]],[["show_fields","field21"]],"and"],[[["field25","contains","Zakelijk"]],[["show_fields","field27,field28"]],"and"]]
1 Step 1
Machtiging Appconcurrent

Hierbij machtig ik AppConcurrent V.O.F.  voor de afschrijving van de verschuldigde abonnementsgelden.

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Datum van vandaagDatum van vandaag
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AppConcurrent Terms & ConditionsVersion 0.5 – last revisited: 17 December 2015

These Terms & Conditions (as defined below) will apply to any use of the Service (as definedbelow). 

Use of the Service, you agree to be bound by these Terms & Conditions and toqualify as a “End user” (as defined below). By accepting these Terms & Conditions, youagree upon a valid and binding agreement with AppConcurrent. 


Please read these Terms &Conditions carefully so that you know what your rights and obligations are when using theService. 

These Terms & Conditions are available for download and print at https://www.appconcurrent.nl/EULA.pdf. Article 1 Definitions1. In these Terms & Conditions the following terms, when capitalized, and whether used  in the single or the plural, will have the following meaning:a.Account: The account, being an online section within the service,made available to the clients by AppConcurrent upon approval for their service.
The Account (a) can be used by the end-user to manage and configure (i) its settings foruse of the Service, (ii) its Personal Data, and (b) isnecessary to have access to and to make use of the Service;b.Agreement: the agreement between AppConcurrent and their clientsfor access to and use of the Service;c.App: the application for the Provider Platform that the end-Use ruse, as further described on the Website and/or in theService;d. AppConcurrent: the private company with limited liability in accordance with Dutch laws 

AppConcurrent V.O.F having its registered office in (1066 PX) Amsterdam at the kempenlaan 33, registered at the Dutch Chamber of Commerce with no. 64949958, VAT no.NL8502.85.173.B.01;e.Content: any content provided by the User by means of the Service ,such as the content for inclusion in the App and/or WebApp; f.Credentials: the User’s username and password that are required to register for an Account and to have access to and make use of the Service;g. 

Free Service: the free part of the Service, being the development and,testing of the App and/or Web App by end-user itself;h.Intellectual Property Rights: any intellectual property rights and associated rights,including but not limited to copyrights, database rights,rights to domain names, model rights, neighbouring rights,patents, trademark rights, trade name rights, as well asrights to know-how; i.Paid Service: the paid parts of the Service for which Partiesconcluded an (subscription) agreement for theprovision thereof, such as the transmission of theApp to and for the purpose of publishing the Appthrough the Provider Platform and keeping the Apppublished in the Provider Platform, theanalysing of the (downloads of) the App,assistance with designing the App and/or Web Appby AppConcurrent, deleting any Appconcurrent brands from the App and/or Web App(nobrandingservice) and/or updating the App and/or Web Appby AppConcurrent or by client itself;j.Parties: Client and AppConcurrent;k.Personal Data: any data that directly or indirectly relates to anatural person;l.Privacy Statement: AppConcurrent privacy statement, available athttps://www.appconcurrent.nl/PrivacyStatement.pdfm.Provider Platform: the mobile platforms of mobile platform providersApple Computer, Inc. (Apple) (iOS) with/and itsApple App Store and Google Inc. (Google)(Android) with/and its Google Play Store andWindows Phone with/and its Windows PhoneStore;n.Service: the Paid Service and/or Free Service, as agreedupon, provided by AppConcurrent to their Clients,including but not limited to the access to and theuse of the Website and the App and/or Web AppPreviewer by means of the Account, for thepurpose of developing, testing, publishing,analyzing and/or updating the App and/or WebApp, as further described on the Website and/or inthe Service;o.Terms & Conditions: these terms & conditions, available for downloadand print athttps://www.appconcurrent.nl/EULA.pdfwhich form an integral part of the Agreement;p.end-user: you, as (a) a consumer or (b) a professional partybeing (i) a natural person or (ii) a legal entity – thatconcluded the Agreement with AppConcurrent;q.Web App: the application that runs on a web browser and theUser develops with the Service, as furtherdescribed on the Website and/or in the Service;r.Website: the AppConcurrent websites, available athttps://www.appconcurrent.nl , underlying (sub-)domains and any underlying pages, owned byAppConcurrent. Article 2 Scope2.1 The Terms & Conditions apply to the Agreement, the use of and access to the Service byEnd-user, and any (other) (legal) acts between Parties.2.2 AppConcurrent may amend these Terms & Conditions at any time. The End-user will beindividually notified of any amendments upon logging in to the Service. The new version ofthe Terms & Conditions will be available for viewing and downloading at the Website and/orthrough the Service. If the End-user continues to use the Service after the Terms &Conditions have been amended or supplemented, the End-user thereby irrevocably acceptsthe amended or supplemented Terms & Conditions. If the End-user does not agree with theamended or supplemented Terms & Conditions, the End-user’s exclusive remedy is to nolonger use the Service and to terminate its Account.2.3 If any provision in these Terms & Conditions shall be held to be (partly) void orunenforceable, the other provisions of these Terms & Conditions will remain in full force andeffect. In such a case, AppConcurrent will replace the void or unenforceable provisions withnew ones. In doing so, the purpose and meaning of the void or unenforceable provisions willbe taken into account as far as possible.2.4 AppConcurrent explicitly rejects the applicability of any general (purchase) conditionsused by End-user.2.5 Any variation to the Agreement or Terms & Conditions will be valid only if and to theextent that it has been expressly confirmed by AppConcurrent in writing.2.6 If any provision of the Terms & Conditions contradicts one or more provisions of theAgreement, the provisions of these Terms & Conditions will prevail, unless explicitly agreedupon otherwise.2.7 In the event that the User makes use of the Service for its own customers (and thus, actsas a “reseller” of the Service), the User warrants to have its own customers be bound tothese Terms & Conditions. User, in that event, will be fully liable for the use of the Service byits own customers.2.8 The Agreement will be concluded at the moment the User accepts the offer there to bymeans of activation of its e-mail address within 7 (seven) days after receipt of the offer, andthe conditions thereby stipulated have been fulfilled. AppConcurrent will immediately confirmthe receipt of acceptance of the Agreement electronically, by means of the email addressprovided by User (see article 3). User can revoke the Agreement as long as this acceptancehas not been confirmed by AppConcurrent.2.9 Together with the confirmation mentioned in Article 2.8, AppConcurrent will provide theUser the following information in such a way that user can store it on an accessible durablemedium:2.9.1 AppConcurrent’s office address and business location where User can lodgecomplaints(see also article 9);2.9.2 the conditions under which User can make use of its right to revoke theAgreement and the method of doing so;2.9.3 Information regarding the warranty with regard to the Service;2.9.4 the requirements for terminating the Agreement. Article 3 Account3.1 In order to be able to make use of and to have access to the Service, the End-user has tocreate an Account in the way as described on the Website. Upon creating its Account, theEnd-user will be obliged to provide its own Credentials in the way described on the Website.The End-user is responsible for keeping its Credentials confidential. The End-user isresponsible and liable for all use made of and access to the Service by means of its Account.As soon as the End-user knows or has reason to assume that its Account and/or Credentialshas/have come into the hands of unauthorized third party/parties, the End-user must informAppConcurrent of this immediately, notwithstanding its own obligations to take immediateeffective measures himself, such as changing the password to its Account.3.2 AppConcurrent accepts no liability for any damages resulting from unauthorized accessto or use of the Service by the User or third parties, notwithstanding article 10.Article 4 Service4.1 AppConcurrent hereby grants the User a non-exclusive, non-transferable, limited right toaccess and use the Service, under the conditions of these Terms & Conditions and for theduration of the Agreement.4.2 User may not publish the App and/or Web App by other means than through the use ofthe Service.4.3 The use of the Service is at the User’s own expense and risk. The User is responsible formeeting the technical and functional requirements and using the electronic communicationfacilities that are necessary to be able to access and use the Service. The risk of loss, theftor damage to any of its data will at all times be borne by the User.4.4 Any use of the App and/or Web App, including the transmission, distribution and makingavailable thereof, and any other (legal) act relating to the App and/or Web App, by or onbehalf of the User, Platform Providers and/or end-users is for the User's own risk andresponsibility. AppConcurrent is not liable and/or responsible for the Content, the App, theWeb App and/or any use made of the Service by Users, notwithstanding article 10.4.5 Notwithstanding any other provisions of these Terms & Conditions, and any of the User’slegal obligations, the use of the Service, the App, the Web App and the Content may not, atAppConcurrent's sole discretion:a. include software such as viruses or Trojans that can damage or erase, makeunavailable or make inaccessible any computers or data of AppConcurrent, (other)Users or third parties;b. bypass technical security measures of the computer systems of AppConcurrent,(other) Users or third parties;c. involve unreasonable or disproportionate use of the infrastructure ofAppConcurrent’s or third parties’ computer systems, including but not limited to anyuse in violation of AppConcurrent's fair use policy as described on the Website and/orin the Service;d. impede the functionality or functionalities of the Service;e. involve manual or automated software, devices, or other processes to “crawl”,“spider”or scrape any content of the Service;f. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scamand/or phishing;g. infringe any of AppConcurrent’s or third party’s Intellectual Property Rights, privacy rights or any other rights;h. involve (virtual) child pornography, bestiality or other unlawful erotic content or actsrelating thereto;i. promote or provide instructions or information about how to engage in illegalconduct, commit illegal activities or promote physical harm or injury;j. involve any illegal activities or activities that are contrary to morality or public order;k. involve false or misleading information;l. involve otherwise inappropriate use;m. breach these Terms & Conditions or the Agreement; and/orn. be unlawful in any way whatsoever.4.6 The User warrants to refrain from such acts.4.7 The Service may contain information that is derived from and/or may refer to third parties’websites, products or services (for instance through hyperlinks, banners or buttons).AppConcurrent is not responsible, nor liable for the content of such information.4.8 The User acknowledges and agrees that AppConcurrent does not pre-screen theContent, the App, the Web App or use of the Service and that AppConcurrent had noinfluence over the Content, the (content of the) App, the (content of the) Web App, or usemade of the Service by User.4.9 AppConcurrent will have the right (but not the obligation), at its sole discretion, to review,edit, limit, refuse or remove Content, Apps and/or Web Apps and/or to limit and/or refuse aUser access to and/or use of the Service, more specifically in the event the Content, the(content of the) App, the (content of the) Web Apps and/or use of and/or relating to theService, according to AppConcurrent, violates these Terms & Conditions, and/or that itdeems to be otherwise objectionable, and/or in the event AppConcurrent deems thetechnical functionality of the App and/or Web App malfunctioning.4.10 AppConcurrent may disclose the User’s Personal Data and/or Content, or other datarelating to the use of the Service, to third parties where it believes, in good faith, that it isnecessary to comply with a court order, ongoing judicial proceeding, criminal or civilsubpoena, or other legal process or request by law enforcement authorities in theNetherlands, or to exercise its legal rights of defence against legal claims.Article 5 Prices and payment5.1 User is obliged to pay for the Paid Service upon submitting the App for approval to theProvider Platform and/or upon concluding a separate agreement for development and/orupdating the App and/or Web App – of which these Terms & Conditions will form an integralpart.5.2 Prices and payment details (including subscription terms and payment terms) arespecified on the Website and/or in the Service. Prices are shown in the currency mentionedon the Website, and are shown inclusive and exclusive of VAT, import duties and othergovernment imposed taxes, duties and levies.5.3 Payment can be done by credit card (MasterCard, Visa or Amex), PayPal, and/or asfurther described on the Website and/or in the Service.5.4 The User guarantees that the information submitted when using the Service, includingwithout limitation, its payment details, shall be complete, correct, truthful and up to date.5.5 The User has the obligation to inform AppConcurrent immediately about any inaccuraciesin the offer provided or the payment details described, including the price. The User cannot hold AppConcurrent to any offer for the Service if the User should in all reasonableness haveknown that this offer and/or the price are/is an obvious mistake or obvious error in writing.5.6 During the period of validity indicated in the offer for the Service, the prices of the FreeService and Paid Service will not be increased, except for price changes in VAT-tariffs. Aftersuch period, AppConcurrent is entitled to adjust its price for the Service, including but notlimited to monthly subscription fees to (parts of) the Service, at all times. AppConcurrent shallnotice the User fourteen (14) days in advance. Such notice may be provided at any time byposting the changes to the Website or via the Service itself.5.7 All payments, including (paid update-)subscription fees, done to AppConcurrent are notrefundable when the App is denied and/or refused by the Provider Platform, or when the Apphas been removed from a Provider Platform.5.8 Any payment required by third parties, including Provider Platforms or third partysoftware or service providers, licenses, equipment and other services will fall outside thescope of the Agreement and will be charged to User separately by the concerning party or byAppConcurrent.5.9 User will pay the amounts in accordance with the payment conditions stated byAppConcurrent.5.10 If User, as a professional party, fails to meet its payment obligations, User shall owelegal interest as meant in Article 6:119a of the Dutch Civil Code on the outstanding amount,without any written demand or notice of default being necessary.5.11 If User fails to meet its payment obligations, after a written demand or notice of default,AppConcurrent can pass on the claim for collection, in which case User will be charged withthe associated costs, which will be calculated as follows:15% on the first € 2,500 of the claim, with a minimum of 40 euros10% on the next € 2,500 of the claim5% on the next € 5,000 of the claim1% over the next 190,000 euros of the claim0.5% on the balance, with a maximum of 6775 euros.In the event User is a professional party, this does not affect AppConcurrent's right to claimany costs and (additional) damages actually incurred.5.12 If User fails to meet its payment obligations or terminates its subscription to the PaidService, AppConcurrent is (also) entitled to remove and/or suspend the App from thePublisher Platform without notice and without any liability to the User.Article 6 Publishing6.1 AppConcurrent will use all technically reasonable efforts to have the App approved by theapplicable Provider Platforms but AppConcurrent does not and cannot guarantee, and is notresponsible for, the acceptance and/or approval of the App by the Provider Platforms. Thus,the User shall be solely responsible for the acceptance of the App by the Provider Platforms.The acceptance is subject to the relevant rules, regulations and guidelines of ProviderPlatforms.6.2 The User shall be solely responsible for securing and paying for all digital music licenses,any public performance licenses, synchronization licenses and any other licenses frommusical composition copyright owners (or their agents) required in connection all contentselected by the User for use in connection with the App. Article 7 Intellectual Property Rights7.1 AppConcurrent and/or its licensors reserve all rights not expressly granted to the User inthese Terms & Conditions. The User acknowledges and agrees that – except as specificallyset forth in these Terms & Conditions – AppConcurrent and its licensors retain all rights, titleand interest, including the Intellectual Property Rights, in and to the Service and the Websiteas well as to any modifications, adaptations or translations thereof. The User acknowledgesand agrees that it does not acquire any rights therein, express or implied, except for therights expressly granted under these Terms & Conditions. The Service is licensed, not sold.7.2 The User is not permitted to sell, rent out, transfer or grant restrictive rights to theService, or make it available to third parties in any way or for any purpose not explicitlymentioned in these Terms & Conditions. The User will also refrain from granting third partiesaccess – remotely or otherwise – to the Service or to provide the Service to a third party, notexplicitly provided for in these Terms & Conditions.7.3 The User is explicitly not allowed to download, copy, amend, make available, or provideotherwise (parts of) the Service, App, Web App, Website or other materials made available tothe User by means of the Service, for direct or indirect commercial purposes or for any otherpurposes than the purposes mentioned in these Terms & Conditions, unless AppConcurrenthas provided its prior written consent thereto, or if a mandatory or peremptory rule of lawstates otherwise.7.4 The User is prohibited to reverse engineer (parts of) the Service, App, Web App, Websiteor other materials made available to the User by means of the Service, to the extent legallypermissible. In the event of reverse engineering permitted by a mandatory or peremptory ruleof law, such as for achieving compatibility with self-written software or enabling to get theideas, concepts and principles behind the Service, App, Web App, Website or other materialsmade available to the User by means of the Service, the User is only allowed to execute thislegal right, after first requesting AppConcurrent to provide the necessary information toachieve such interoperability and AppConcurrent fails to provide such information withinreasonable time.7.5 AppConcurrent will be permitted to install technical provisions for the purpose ofprotecting the Service and Website in relation to an agreed restriction on the content or theterm of the right to use thereof. User is not allowed to remove or circumvent such technicalprovisions.7.6 AppConcurrent's obligation to provide the Service, if any, and the User's right of usethereof will only extend to the object code of the Service. Under no circumstance will Userobtain any right, and under no circumstance will AppConcurrent be obliged to provide (a datacarrier with) the source code or any preliminary materials of the provided Service.7.7 In the event AppConcurrent provides third party software or services, the (license) termsand conditions of that third party may be applicable to any use of such software or services,which may be the case in the event of the User providing its own code to the App, or in theevent the User wishes to publish the App through Platform Providers; User guarantees that itwill accept and will comply with these third party's terms and conditions. AppConcurrent is noparty to such an agreement.7.8 The User will retain all the rights, title and interest, if any, including the IntellectualProperty Rights, to the Content and the App and/or Web App when finished and/orpublished. However, all the rights to the programming code, content management systemand Service will remain to AppConcurrent. 7.9 The User agrees and acknowledges that by providing any Content by means of theService it automatically grants AppConcurrent a royalty-free, unencumbered, world-wide,non-exclusive right to use, reproduce, circulate and make public the Content in connectionwith the Service and to use the Content on the Website, App and/or Web App for enablingAppConcurrent to provide the Service to User and for AppConcurrent's own marketing and/orpromotional purposes in connection with the Service. AppConcurrent will not invoke the rightwithout the prior written consent of User, in the event User has concluded an Agreement withAppConcurrent for the “no-branding”-Paid Service.7.10 Unless the User concluded an agreement for a Paid Service thereto (no-brandingservice), the User is not allowed to remove, make illegible, hide or change notifications withregard to Intellectual Property Rights.Article 8 Content on (Web) Apps8.1 AppConcurrent is not able to determine the actual owner of the content created and/oruploaded to the Web App. For any and all content created and/or uploaded to the Web App,User shall be deemed to be the owner of such content and/or have in its possession alicense and/or permission to use the content. The User is explicitly not allowed to createand/or upload content to the Web App of which User is not the owner, and/or has no licenseand/or permission to use the content.8.2 AppConcurrent enables the User to implement in the Web App content hosted on thirdparty websites. The use of such third party content shall be governed by the terms of use ofthese third party websites and/or the end user license agreement of the third party providingthe content. User is required to comply with the terms of any third party. AppConcurrent isnot responsible or liable for the availability and accessibility of such third party content.8.3 AppConcurrent may also provide through the Service content of which the owner is athird party. User understands and agrees that AppConcurrent is at all times, at its solediscretion,without prior written notice or explanation and without becoming liable to the User,entitled to remove such third party content from the Service and/or demand that Userremoves such third party content from the Web App.8.4 Except as specifically provided and allowed by AppConcurrent and/or the third partyowner, User is explicitly not allowed to reverse engineer, decompile or disassemble any thirdparty content, and in addition, User shall not modify, duplicate, distribute, reproduce,sublicense, display, transfer, create derivative works from, assign, or otherwise use the thirdparty content.8.5 AppConcurrent is not responsible or liable with regard to any third party services used byUser or provided through the Service. Use of these third party services shall be at User’sown responsibility and liability.Article 9 Privacy9.1 During the use of the Service, the User provides Personal Data to AppConcurrent. ThesePersonal Data will be saved and processed in accordance with the Privacy Statement, andthe Dutch Personal Data Protection Act (“Wet bescherming persoonsgegevens”).9.2 In the event that AppConcurrent deems this of importance for the execution of theAgreement, the User will inform AppConcurrent, on its first request and in writing, of themanner in which the User fulfils its obligations under the Personal Data Protection Act, and /or other applicable legislation on the protection of personal data.9.3 AppConcurrent will not process Personal Data, other than for the provision of theService. 9.4 AppConcurrent will not share personal information from User with third parties unlessAppConcurrent has obtained permission thereto or is required to do so by law.9.5 The responsibility for processing Personal Data by using the Service, App and/or WebApp lies solely with User. User warrants that the content, use and / or processing of thePersonal Data is not unlawful and that it does not infringe any rights of third parties.9.6 As far as AppConcurrent would be obliged to provide a form of security, then thisprotection will meet the written specifications expressly agreed between the Parties.AppConcurrent does not guarantee that the security is effective under all circumstances. Ifthe Agreement contains no specifications regarding the security, or if the contract containsno express definition of security, it will meet a level that is not unreasonable, given the stateof the art, the sensitivity of the data, and to security related costs. The responsibility formaintaining safeguards such as firewalls, antivirus and backup lies with the User.Article 10 Warranties10.1 AppConcurrent warrants that the Service fulfils the Agreement, the specifications statedin the offer, the reasonable requirements of reliability and/or serviceability and the statutorystipulations and/or governmental regulations that existed on the date that the Agreement wasconcluded. However, AppConcurrent does not warrant that the Service is suited for otherthan normal designation, as described in these Terms & Conditions. Moreover,AppConcurrent does not warrant that the Service will be error free, complete or up-to-date atall times. More specifically, in the event User has not concluded an Agreement withAppConcurrent for the Paid Service for updates of the App, it might be possible that the Appwill not be compatible with updated or upgraded software and/or services of third parties,including but not limited to new versions of Provider Platforms (iOS or Android updates orupgrades), API's (such as Facebook API) etc..10.2 The User agrees that the Service fulfils the Agreement, the specifications stated in theoffer, the reasonable requirements of reliability and/or serviceability and the statutorystipulations and/or governmental regulations that existed on the date that the Agreement wasconcluded, when it provides the functionality and other features as found in the Service at thetime of use ("as is"). AppConcurrent does not guarantee that the Service or any part thereofwill be accessible at all times and without any interruptions or failures. Failures in the Servicecan occur as a result of failures in the Internet or phone connection or as a result of virusesand/or faults/defects. AppConcurrent is not liable towards the User for any damage, loss orcosts resulting or arising from the Service being (temporarily) unavailable, including but notlimited to the loss of data or inability to access or use the Service, notwithstanding article 10.10.3 AppConcurrent is entitled to change and/or update the Service and replace the designand layout of any of the functionalities of the Service without any prior notification and withoutbeing obliged to pay any compensation whatsoever to the Users.10.4 AppConcurrent is entitled to put the Service (temporarily) out of service and/or to reducethe use of it without any prior notification and without being obliged to pay any compensationwhatsoever to the User, if in the opinion of AppConcurrent this is necessary, for instance inconnection with the reasonably required maintenance of the Service or due to force majeure.Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civildisruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delayin transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation ofthe delivery to AppConcurrent of parts, goods or services ordered from third parties, orgovernmental, legal or regulatory restrictions. 10.5 AppConcurrent does not warrant in any way whatsoever that any terms and conditionsapplicable to third party software or services – including but not limited to the terms andconditions Provider Platforms, or payment providers – allow the use of and/or interaction withthe Service.10.6 The User is responsible and liable for all use it makes of the Service, including but notlimited to its use of its Account and the results of the Service, such as the App and/or WebApp, notwithstanding article 10. The User indemnifies and holds AppConcurrent harmlessagainst any and all claims by third parties in connection with or resulting from the use that theUser makes of the Service, a violation by the User of these Terms & Conditions, and/or anyunlawful activities. This includes, without limitation, any activities that constitute aninfringement of Intellectual Property Rights or (other) rights of third parties.Article 11 Limitation of liability11.1 AppConcurrent’s liability for damages resulting from or relating to attributably failing(“toerekenbare tekortkoming”) to perform the Agreement, including these Terms &Conditions, for unlawful act (“onrechtmatige daad”) or otherwise will be excluded in the eventThe User qualifies as a professional party and to the extent allowed by a mandatory orperemptory rule of law.11.2 The User’s only remedy in the event of an attributable failure, unlawful acts ofAppConcurrent, or other cause of damages, is to discontinue the use of the Service and/or todelete its Account.11.3 In the event that AppConcurrent is liable for damages under a mandatory or peremptoryrule of law, the damage will be limited to compensating for direct damages for a maximumamount per event not exceeding the amounts paid by User during the month prior to theevent causing the damages per event (a series of connected events being considered as oneevent). In no event will AppConcurrent’s total, aggregate liability, exceed EUR 1,000.-.11.4 AppConcurrent’s liability for consequential damages arising out of, or in connection withthe Agreement or these Terms & Conditions, such as, but not limited to, loss of profit, loss ofbusiness, loss of anticipated savings, or any other similar financial loss or loss of goodwill orreputation, or other incidental, indirect, punitive or exemplary damages of any kind, such asloss of data or errors in the App and/or Web App, independent of whether the User providesnotice to AppConcurrent of such potential injury, damages or loss, is excluded. Moreover,AppConcurrent´s liability is excluded for any payments made or other costs or damagesrelating to or caused by a Provider Platform rejecting the App, for whatever reason, forpublication through such a Provider Platform.11.5 In any event, the User’s right to claim under the Agreement, these Terms & Conditions,unlawful act or otherwise shall lapse one (1) year after the occurrence giving rise to the claimor action.11.6 The limitations mentioned in the preceding paragraphs of this article shall not apply ifand insofar as the damage or injury is the result of intentional acts or omissions or grossnegligence by AppConcurrent or its managers.Article 12 Term and termination12.1 The User is entitled to terminate the Agreement for the Free Service at any time bydiscontinuing the use of the Free Service and/or by terminating the Account. The Agreementfor the Paid Service can be terminated by the User at the end of the subscription period atany time. 12.2 In addition to the other remedies available to AppConcurrent, AppConcurrent is at alltimes, at its sole discretion, without prior written notice or explanation and without becomingliable to the User, entitled to:a. temporarily or permanently terminate the User’s Account and its use of the Servicein the event that AppConcurrent, at its sole discretion, deems such terminationnecessary;b. (temporarily) restrict or suspend the User’s activities in connection with the Serviceor to ban a User from the Service or to restrict or suspend the availability of the Appand/or Web App;c. ban a User from using the Service and prevent banned Users from creating a newAccount and/or delete Accounts created by banned Users; and/ord. (partly) edit, delete or refuse any content or services within the Service.12.3 All provisions which are meant to survive the termination of the Agreement, includingthe prohibition to publish the App through other means than the Service, shall survive suchtermination.12.4 After termination, the User’s right to access and use the Service, shall cease to existimmediately, without any right to compensation whatsoever. In the event of termination,AppConcurrent is also allowed to delete the User’s Account and to remove and/or suspendits App from the Publisher Platform without notice and without any liability to the User.AppConcurrent will not have any obligation to assist the User in migrating its data, includingits App, off of the Service. AppConcurrent does not keep a back-up of the Account, Appand/or Web App.12.5 The User – as a consumer - has the right to revoke the Agreement, without giving anyreason thereto, before the App has been submitted for publication through a ProviderPlatform for a 30-day period. In any event, the right to revoke the Agreement will not applyfrom the moment that the trial period is over or from the moment the App has been submittedfor publication through a Provider Platform – regardless of whether the Provider Platformaccepts or rejects the App for publication – since AppConcurrent cannot recall the Serviceprovided.Article 13 Contact13.1 AppConcurrent can be contacted at info@appconcurrent.nl or +31 20 262 38 15 or itsother contact details as mentioned in article 1.d and/or Website.13.2 In the event that the User has a complaint with regard to the Service, the User cancomplain through the contact details mentioned in art. 12.1. Complaints about execution ofthe Agreement must be submitted to AppConcurrent without delay after the User hasdiscovered any defects, which in the complaint should be complete and clearly defined.AppConcurrent will reply to such a complaint within fourteen calendar days calculated fromthe date of receipt. If it is anticipated that a complaint will require a longer processing time,AppConcurrent will reply within fourteen calendar days, confirming the receipt and indicatingwhen the User can expect a more elaborate reply. Article 14 Applicable law and competent court14.1 These Terms & Conditions, the Agreement and the use of and access to the Serviceare governed by the laws of the Netherlands, unless a mandatory or peremptory rule of(international) law prescribes another applicable law. The applicability of the ViennaConvention on the Sale of Goods is expressly excluded.14.2 All controversies, disputes or claims arising out of or relating to these Terms &Conditions, the Agreement and/or the use of or access to the Service will be exclusively andfinally settled by the competent court in the district of Amsterdam, unless a mandatory orperemptory rule of (international) law prescribes another competent court. ***

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