Terms of Use – Janosh App

These terms of use (‘Terms’) apply to our Janosh App. Please print off these Terms, or store them in your computer, for future reference. Please read them carefully. By accessing and using the App you agree to be legally bound by these Terms. If you do not wish to accept these Terms then please do not use the App.

About the App

The App is provided by Janosh Art BV, a company incorporated in The Netherlands, with company number 34281792 (Chamber of Commerce) and whose registered address is at Vreekesweid 12, 1721 PR Broek op Langedijk, The Netherlands. In these Terms, ‘we’ (or ‘our’) refers to that company and its affiliates. 

In these Terms, ‘you’ (or ‘your’) refers to any person who visits or, as appropriate, registers on the App and for whom we agree to provide access to the services available through the App (‘Services’), and includes any child over 13 whose parent or legal guardian you are and who uses the App with your consent. 

If you require further information about us or any content on the App, please contact us at [email protected].

Age Restriction and Child Supervision

You must be at least 18 years of age to register to use the App and to access the Services. If you are under 18 but over 13 years of age, you must present these Terms to your parent or legal guardian and he/she must register for you so you can access the Services. If you are 18 years of age or over, you must yourself register to use the App and must not permit anyone else (other than a child over 13 years of age whose parent or legal guardian you are) to access the App using your password.

Parents/legal guardians allowing their children access to and use of the App should supervise such access and use. It is your responsibility to determine what is suitable for them to access.

Registration Process

You must register with the App in order to fully interact with the App and access the Services. You must provide full and accurate information when you create your account with us.

When registering with the App you will be asked to create an account which you can do via Facebook or/and with an email address and secured password.

When you register, we ask you to provide certain information about yourself that is true, accurate, and up to date. Should any of your registration information change, please go to the “Forgot your password?” section on the website to reset your password.

For details of how we use this information, see our Privacy Policy.

You can cancel your registration at any time by contacting [email protected] or simply uninstall the App.

Passwords and Security

On registration you will be asked to enter your email and create a password. You must keep your password secure and must not disclose it to or share it with anyone else (other than a child over 13 years of age whose parent or legal guardian you are).

You will be responsible for all activities and orders under your password. If you know or suspect that someone else (other than a child over 13 years of age whose parent or legal guardian you are) has your password, you should go to the “Forgot your password?” section on the website to reset your password.

We reserve the right to ask you to change your password if we believe that it is no longer secure.

If you forget your password please visit the “Forgot your password?” section on the website section where you will be able to reset your password if you satisfy our security check.

Your use of the App

You may only use the App for your own personal and non-commercial use (including that of any child over 13 whose parent or legal guardian you are). You may not make any copies of any content on the App other than for personal and non-commercial use.

Except as expressly provided in these Terms or as otherwise stated on the App, no part of the App may be copied or reproduced in any manner. You must not use any automatic device or manual process to access, acquire, copy or monitor any portion of the App, or in any way reproduce or circumvent the navigational structure or presentation of the App.

You may not distribute or make any of the Services available over a network where it could be used by multiple devices at the same time, unless it is from the same IP (internet protocol) address. We may suspend access to the App if we find that access to any of the Services has been obtained by the use of the same password from more than one IP address on three or more occasions.

You must not modify, rent, lease, lend, sell, assign, transfer, redistribute or sublicense any content available through the App.

You must not copy (except as permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software used for the App, except to the extent permitted by applicable law. The use of any part of the App, except as permitted in these Terms, is strictly prohibited and may result in the infringement of the intellectual property rights of others, subjecting you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You agree that you will not use the App or any of the Services available through the App for any purpose prohibited by any applicable law in your country of residence. 

You must not circumvent or modify any security technology or software that is part of the App.

You must not use the App in any manner that could damage, disable, impair or overburden the App or attempt to gain unauthorized access to any part of the App through hacking, password mining or any other means.

You will be responsible for any losses and costs resulting from your breach, or breach by anyone for whom you are responsible, of these Terms. 

If you access the App from outside The Netherlands, you do so on your own initiative and are responsible for compliance with local laws and costs. 

We may terminate your use of the App with immediate effect if you breach any of these Terms.

Subscription

Janosh App offers an auto-renewable subscription. The subscription can be purchased through App Store (for iOS users), Play Market (for Android users) and via Web App through third-party service called Stripe. The price may vary from country to country.

Your subscription will automatically renew at the end of each period and your credit card will be charged through a system that you choose to subscribe through. You can cancel your subscription at any time, however refunds will not be available during an already active subscription period.

If you purchase a subscription, any unused portion of a free 7-day trial will be forfeited.

Changes to the App and software updates

We reserve the right to change the way the App works from time to time and to withdraw any features or content provided on the App without giving notice. 

To ensure that the App functions at its best, we may from time to time offer updated software through the App. In addition, we may find it necessary to send users automatic fixes or support files.

Service access

While we try to ensure that the App is normally available 24 hours a day, we cannot be held responsible if for any reason the App is unavailable at any time or for any period.

We reserve the right to suspend access to the App at any time for operational, regulatory, legal or other reasons.

Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Although we make all reasonable efforts to ensure that the server that makes the App available is bug and virus free, we cannot provide any guarantee in this respect.

You are responsible for obtaining Internet access to the App from where you are in order to use the App. We cannot be held responsible for your failure to access the App from any location or browser. Any access fees incurred in reaching the App (e.g. dial up charges) are your responsibility.

Owing to the nature of the Internet and the fact that your access to the App involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the App.

While we try to use all reasonable care in providing access to the App, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the App.

Intellectual Property Rights

All intellectual property rights in any part of the App and in respect of the content provided through the Services are owned by or licensed to us. No intellectual property right in any part of the App or the content provided through the Services is intended to, and it shall not be deemed to, transfer to any person who accesses the App.

Commercial use or publication of all or any item displayed on the App or provided through the Services is strictly prohibited without prior authorization from us. Nothing contained herein shall be construed as conferring any license by us to use any item displayed.

We may at our own discretion and without giving notice alter, remove or suspend any part of the App. In no event will we be liable for any loss or damage arising as a result of modifications made to the App.

Use of information on the App

The information on the App and the content supplied through the Services are derived from sources believed to be reliable. However, we give no guarantee or other term regarding the accuracy or completeness of any information.

We are not responsible for the accuracy or completeness of any information contained in the websites of other providers which have links to any pages of this App. We do not endorse any information contained on other providers' websites.

Pictures, illustrations or descriptions or any other information or other advertising matter submitted to or contained on the App are for general information and guidance and are given in good faith, but should not be relied upon.

The App is not aimed at persons who are residents of any country where the provision of information on the Internet is forbidden.

Disclaimer of liability

We will not have any liability arising out of or in connection with the use of the App or its non-availability for:

– any business losses (such as loss of profits, business, contracts or goodwill); or
– any matters due to any events outside our reasonable control; or 
– any unforeseeable losses or damages.

We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be lawfully excluded or limited.

Notices

Unless otherwise stated in these Terms, all notices from you to us must be in writing and sent to [email protected]. All notices from us to you will be displayed on the App from time to time.

Governing law and jurisdiction

These Terms are governed by Dutch law, and you and we agree to submit to the jurisdiction of the Dutch courts.

Privacy Policy – Janosh App

This privacy policy governs your use of the Janosh App for mobile devices.

User provided information

The Janosh App obtains the information you provide when you download and register the App. Registration with us is non-mandatory in order to be able to use the basic features of the App.

When you register with us and use the App, you generally provide information like:

– Your name; email address; password; or other registration information
– Information you provide us when you contact us for help
– Credit Card information for purchase and use of the App
– Information you enter into our system when using the App (i.e. contact information)

Automatically collected information

In addition, the App may collect certain information automatically, including but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use and information about the way you use the App.

Do third parties see and/or have access to information obtained by the App?

No.

What are my opt-out rights?

You can stop all collection of information by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile App marketplace or network. You can also request to opt-out via email, at [email protected].

Data Retention Policy, Managing Your Information

We will retain User Provided data like Favourites information about each user (a list where each user can save holograms, activations etc.) and History information (a list of logs of what each user has watched, for example which holograms, activations etc. by each day, up to 7 days).

If you’d like us to delete User Provided Data that you have provided via the App, please contact us at [email protected] and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the App to function properly.

Children

We do not use the App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes Privacy Policy

You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the App, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in The Netherlands. If you reside outside The Netherlands your information will be transferred, processed and stored there under Dutch privacy standards.

Contact us

If you have any questions regarding privacy while using the App, or have questions about our practices, please contact us via email at [email protected].