Company: D Support B.V., Zutphen, The Netherlands (Chamber of Commerce 70952345)
Content Provider: SMS Friends B.V., Nederland (Chamber of Commerce 34198242)
Article 1. | Your Acceptance
Throughout this Agreement, the words “D Support,” “us,” “we,” and “our,” refer to us, as is appropriate in the context of the use of the words.
Article 2. | User Information and Accounts
Article 3. | Access and License Grant to You
After registering and properly paying for our Platform, where required, we grant you a personal, non-exclusive, revocable, limited license to access and use the Platform. If you are merely accessing the Platform through an online portal or website, we grant you revocable access subject to this Agreement. As a user, you do not receive any ownership interest in any portion of the Platform; you merely receive the aforementioned revocable access or license as stated. All rights not explicitly granted are reserved for D Support. If you breach any of our of this Agreement or if we believe your actions may harm our D Support or others, we may revoke your license, your access to use our Platform or cancel your account at our discretion. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
Article 4. | Platform and Disclaimer
The D Support Platform is software that allows users to connect with other users and the Content Provider via our Platform. Except where stated otherwise, D Support is solely responsible for only providing access to and charging payments related to your access of the Platform in accordance with this Agreement (“D Support Services”). D Support is not responsible for any other services offered on the Platform, all such services (“Content Provider Services”) are solely offered by the Content Provider encountered on the Platform. Please be aware that access to the Platform and any D Support Services are “as-is” and “as-available.” Additionally any information or content found on our Platform, including any notifications or tools provided, are offered only for informational and entertainment purposes only. Further, D Support does not endorse, recommend, and is not otherwise affiliated with any users, User Content (defined below), or any Content Provider. D Support has no liability to users for any User Content including all information, copy, images, URL names, and anything else provided by any third parties using the Platform (collectively “Non-D Support Content”). You understand that all Non-D Support Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect. D Support does not offer users any guarantee of success through the use of Platform. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you; inability to access to the Platform; failure of a communications satellite, strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.
Article 5. | Interactions With Other Users
Please use caution and common sense when interacting with any users found via the Platform. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS INCLUDING ANY CONTENT PROVIDER. YOU UNDERSTAND THAT D SUPPORT DOES NOT CONDUCT CRIMINAL OR BACKGROUND CHECKS ON ITS USERS OR VALIDATE ANY USER INFORMATION OR NON-D SUPPORT CONTENT. FURTHERMORE, D SUPPORT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY USERS OR TO THE CONDUCT OF ANY USERS. D SUPPORT URGES YOU TO USE COMMON SENSE AND CAUTION WHEN MEETING ANY USERS FOUND THROUGH THE PLATFORM. YOU UNDERSTAND THAT OTHER USERS OR THE CONTENT PROVIDER MAY ACT UNLAWFULLY OR IN A DECEPTIVE MANNER, YOU AGREE THAT D SUPPORT IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF ANY USERS.
Article 6. | Content Provider
“Content Provider” is a user of the Platform that provides any and all services to other users as permitted via the Platform (“Content Provider Services”). “Content Provider Content” is any User Content submitted by the Content Provider including but not limited to notifications, texts, video, audio, messages, photos, images or any other information. D Support is not responsible for any Content Provider Content or any other errors in any Content Provider Content displayed or delays in displaying any Content Provider Content. All Content Provider Content on the Platform is transmitted to D Support from Content Provider. D Support does not endorse and may not verify any of the Content Provider Content. You agree that any information or notifications from the Platform may be inaccurate, unsubstantiated or possibly even incorrect. PLEASE BE AWARE THAT CONTENT PROVIDER MAY USE HOSTS THAT ARE EMPLOYED OR UNDER THE DIRECTION OF THE CONTENT PROVIDER. THE HOSTS MAY SEND CONVERSATIONS OR OTHER COMMUNICATIONS WITH YOU AND OTHER USERS OF THE PLATFORM THAT ARE FICTITIOUS OR ROLE-PLAYING IN NATURE. HOSTS ARE DEPLOYED WITH THE PURPOSE OF STIMULATING INTERACTIONS WITHIN THE PLATFORM AND CREATING CONVERSATIONS WITH USERS. HOSTS ARE ALSO INTENDED TO MONITOR USERS’ ACTIVITIES, COMMUNICATION, AND USER CONTENT IN ORDER TO ENSURE COMPLIANCE WITH THIS AGREEMENT. USER AGREES THAT ALL HOST CONTENT, INFORMATION, TEXT, AND PICTURES ARE FICTITIOUS AND CONSIDERED CONTENT PROVIDER CONTENT, AND SUCH CONTENT PROVIDER CONTENT IS PURELY INTENDED FOR ENTERTAINMENT AND ROLE PLAYING PURPOSES ONLY. ALL HOSTS APPEARING ON THE PLATFORM ARE FICTITIOUS. ANY RESEMBLANCE TO REAL PERSONS, LIVING OR DEAD, ARE PURELY COINCIDENTAL.
Article 7. | Content Provider Disclaimer
D SUPPORT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY CONTENT PROVIDER INCLUDING ALL CONTENT PROVIDER CONTENT AND ANY CONTENT PROVIDER SERVICES. IT IS IMPORTANT THAT YOU UNDERSTAND THAT D SUPPORT IS NOT REQUIRED TO INDEPENDENTLY VERIFY ANY INFORMATION PROVIDED BY A CONTENT PROVIDER. AS SUCH INFORMATION IS BASED SOLELY ON INFORMATION THAT IS SUBMITTED BY THE CONTENT PROVIDER, D SUPPORT PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY D SUPPORT. User releases D Support from any liability associated with user’s interactions with a Content Provider or purchase of any Content Provider Services. D Support does not control or direct the Content Provider or the Content Provider Services, including but not limited to accuracy, reliability, or quality. D Support does not act as an agent or intermediary for users or the Content Provider. D Support merely makes the Platform available to enable the Content Provider to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of any Content Provider for themselves. Any opinions, advice, or information expressed by any Content Provider or Clients are those of the individual and the individual alone and they do not reflect the opinions of D Support. D Support does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Content Provider Services provided by Content Provider. D Support does not control or review Content Provider’s Services or any fees charged, nor is D Support involved in determining if the Content Provider Services provided are satisfactory to user.
Article 8. | Contractual Agreements
No agreements made between any Content Provider and users may expand D Support’s obligations or restrict any rights (collectively “D Support’s Contractual Rights”), as stated within this Agreement. Users and Content Provider appoint D Support as a third party beneficiary for any agreements entered into between the parties, in order to exercise or protect D Support’s Contractual Rights.
Article 9. | Use of the Platform
When using our Platform, you are responsible for your and for any use of D Support made using your account. You agree to the following:
- You may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
- You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not share your license or access with any other parties;
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform to store or transmit any health or sensitive financial information;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not collect, publicly release, or harvest any personally identifiable information, including account names, from the Platform;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
- You may not violate any requirements, procedures, policies or regulations of networks connected to D Support;
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
- You may not interfere with or disrupt the Platform;
- You may not violate any law or regulation of your jurisdiction or D Support’s jurisdiction and you solely are responsible for such violations;
- You agree that you will not hold D Support responsible for your use of our Platform; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but D Support reserves the right to suspend or terminate any account at any time without notice or explanation.
Article 10. | User Content
Your ability to submit or transmit any information through the Platform, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Platform but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant D Support, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to D Support a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. By granting us this license we may use your User Content posted to your public profile for the purposes of featuring your User Content as promotional materials for the Platform.
Article 11. | Your Profile
Please be aware that any User Content may be publically searchable and viewable by third parties via the Platform or via the Internet (including but not limited to search engines such as Yahoo, Bing or Google). Additionally, your User Content may be searchable through third party websites that are operated and powered by the software we employ or through partnerships we may have with other companies.
Article 12. | User Content Guidelines
We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality or privacy of any User Content submitted to the Platform.
When submitting any User Content you agree to the following:
- You agree that User Content submitted is truthful and accurate;
- You agree not to submit any User Content that contains any confidential information;
- You agree not to submit any User Content that contains (sexual) content that is illegal in your jurisdiction, including but not limited to any, child pornography, content depicting any minors (who have not reached the age of consent in your jurisdiction), group pictures, or pictures containing any third parties.
- You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
- You agree not to submit any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
- You agree not to submit any User Content that is considered spam or politically controversial; and
- You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
Article 13. | Monitoring User Content
D Support shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, D Support shall have the right, but not the obligation, to remove any User Content that D Support, at its sole discretion, identifies as being harmful, at any time, without notice. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
Article 14. | Usage and Location Information
Article 16. | Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform or any portions of the Platform. Where you have paid to access any portions of the Platform we make no guarantees that such portions shall remain available or accessible. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
Article 17. | Modification of Platform
We reserve the right to alter, modify, update, or remove our Platform or any portion of the Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Article 18. | Payments
Portions of the Platform may require payment for access and you agree to pay for all costs, fees, and taxes listed. User authorizes D Support, its payment agent, or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors, and D Support may not be identified as the charge originator. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, D Support may suspend or terminate your access to the paid portions of the Platform, without liability to us. Where any payment is overdue, we reserve the right to pursue collections against you and may add the maximum legally allowable interest rate to any overdue payments.
Article 19. | Free Trials
You may be able to participate in a free trial membership by submitting your information along with any requirements as set forth by the Platform. The duration of the free trial is listed on the Platform and may change at our discretion. Areas of the paid portions of the Platform may be available during the free trial period at no charge. You may cancel at any time during your free trial period by contacting us via your Platform dashboard. Once your free trial period has expired portions of the Platform may become restricted.
Article 20. | Credits
Upon expiration of your free trial membership the Platform may offer credits (“Credit(s)”) for you to purchase. Credits may be redeemed to access paid portions of the Platform and may be purchased as a bundle (“Credit Bundle”). Please be aware that all Credits are non-transferable and have no cash value and may only be redeemed via the Platform. Credits expire if not used within twelve (12) months from the date of purchase, and will be forfeited on the 12 month anniversary of the purchase date.
Article 21. | Taxes
Where D Support does not charge you taxes for purchasing Credits; you agree to pay any and all applicable taxes for your use and purchase of any Credits. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.
Article 22. | Refunds
Upon purchase of any Credit bundle, user shall have the right to request a refund within fourteen (14) days of such purchase. No refund shall be permitted once any portion of the purchased Credits of a Credit Bundle have been used. Where you require a refund please contact us via the Platform contact buttons. Please be aware that there may be a reasonable delay in processing and crediting your payment method for any Credits refunded.
Article 23. | Pricing and Price Increases
The pricing for Credits or Credit bundles are listed on the Platform. D Support may increase the price of the Credits, at our discretion and we reserve the right to do so at any time. In the event of a price increase the new price for Credits shall be listed on the Platform. You agree that D Support has no obligation to offer any services or Credits for the price originally offered to you at sign up.
Article 24. | Account Cancellation
Users may cancel their accounts at any time via their account dashboard, menu “Settings”. Upon cancellation of your account, portions of the Platform may become immediately inaccessible and your balance of Credits will be removed. Additionally, some User Content stored within your account or another portion of the Platform may be removed or deleted. Any refunds are subject to the refund terms contained in this Agreement.
Article 25. | Intellectual Property
The name D Support including the D Support Platform along with the design of the D Support Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to D Support, subject to copyright and other intellectual property rights under US, EU, and international laws and international conventions. The name “TipDating” and URL www.tipdating.com including any Content Provider Content or markings identifying any Content Provider Services and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Content Provider Marks"), are owned by or licensed to Content Provider, subject to copyright and other intellectual property rights under US, EU, and international laws and international conventions. D Support and Content Provider reserve all rights not expressly granted in and the Marks and the Content Provider Marks respectively. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
Article 26. | Idea Submission
D Support or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to D Support. The sole purpose of this policy is to avoid potential misunderstandings or disputes when D Support’s products might seem similar to ideas you submitted to D Support. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of D Support, without any compensation to you; (2) D Support may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for D Support to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Article 27. | Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER D SUPPORT, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM; (2) ANY INFORMATION OR D SUPPORT CONTENT PROVIDED VIA THE PLATFORM; (3) ANY USER CONTENT, (4) ANY USER OR OTHER THIRD PARTY ENCOUNTERED ON THE PLATFORM, OR (5) SECURITY ASSOCIATED WITH THE TRANSMISSION OF USER CONTENT OR INFORMATION TO D SUPPORT, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. D SUPPORT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. D SUPPORT DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND D SUPPORT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Article 28. | Limitation of Liability
IN NO EVENT SHALL D SUPPORT, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT D SUPPORT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON JURISDICTION. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY D SUPPORT’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR 100 EUROS WHICHEVER IS GREATER.
Article 29. | Indemnity
You agree to defend, indemnify and hold harmless D Support, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the D Support Platform;
- your violation of any term of this Agreement;
- your interactions with any other uses or third parties; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the D Support Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Article 30. | Copyrights
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent using your account dashboard or by using the contact information listed at the beginning of this Agreement.
In the event that you receive a notification from D Support stating content posted by you has been removed you may file a counter-notice. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of the courts where the Platform is located or pursuant to the dispute provisions of this Agreement.
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. You must sign this notification and send it to our Copyright Agent using your account dashboard or by using the contact information listed at the beginning of this Agreement.
Article 31. | Choice of Law
This Agreement shall be governed by the laws of The Netherlands. The offer and acceptance of this contract is deemed to have occurred in The Netherlands.
Article 32. | Disputes
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Amsterdam, The Netherlands. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
Article 33. | Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with D Support are deemed to conflict with each other’s operation, D Support shall have the sole right to elect which provision remains in force.
Article 34. | Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Article 35. | Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
Article 36. | Termination
We may terminate this Agreement with you if we determine that: (1) your account has not been active for the past 12 months; (2) you have violated any applicable laws while using our Platform; (3) if you have violated this Agreement or any of our Platform policies; or (4) if we believe that any of your actions may legally harm D Support or our business interests, at our sole decision or discretion. Upon termination of your account, portions of the Platform may become immediately inaccessible and your balance of Credits will be removed. In the event of termination we will strive to provide you with an explanation; however, we are not required to do so.
Article 37. | Entire Agreement
Article 38. | Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
Article 39. | Electronic Communications
The communications between you and D Support use electronic means, whether you visit the Platform or send D Support emails, or whether D Support posts notices on the Platform or communications with you via mobile notifications or email. For contractual purposes, you (1) consent to receive communications from D Support in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that D Support provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Article 40. | Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and D Support.
Article 41. | Export Controls
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. currently embargoed goods or where such country is subject to EU government sanctions; (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, U.S. Commerce Department's Table of Deny Orders, or the EU Denied Parties List; or (3) or where the US government or EU government have declared a such country as “terrorist supporting” or a similar designation. By using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Article 42. | Translations
Where this Agreement has been translated, the English version shall control and supersede any translated versions of this Agreement.
Article 43. | Third Party Links
The Platform may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Article 44. | Data and Text Messaging Rates
You will be able to access the Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cell phone carrier.
Article 45. | Platform Issues and Support
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact
Company: D Support B.V., Zutphen, The Netherlands (Chamber of Commerce 70952345)
Content Provider: SMS Friends B.V., Nederland (Chamber of Commerce 34198242)
2. Information Collected
Our Platform collects personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.
Personally Identifiable Information Collected
You will not be required to provide us any information when you visit our Platform. However, in order to fully use our Platform, we may collect PII such as your name, date of birth, email, age, telephone number, and any User Content submitted. We may also collect your relevant payment or credit card information if you wish to pay for any services offered via the Platform. Please be aware that all payment information shall be stored and processed by our third party payment processors. If you are a Content Provider we may collect all relevant business information, including but not limited your business name, business identification, licensing, address, and payment information.
Whenever you use our website, we may collect Non-PII from you, such as your IP address, zip code, gender, browsing history, search history, and registration history, interactions with the Platform, usage information, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider. We may also collect information including but not limited to postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other members or third parties about your activities or postings.
3. Use of Your Information
Some of your information will be visible to other users of the Platform to facilitate communication between users. We will never sell your information without your permission; however you agree that we or our service providers may use your information in the following ways:
4. Accessing, Editing, and Removing Your Information
- To provide any services offered and to operate the D Support Platform;
- To enhance or improve our users’ experiences;
- To contact you via email, SMS, or other electronic communications that include, but are not limited to, announcements and exclusive offers related to our services and new services and websites;
- To notify you of additional D Support products and updates;
- To share with other users or Content Provider using the Platform;
- To process your transactions;
- To use for marketing or promotion of the Platform;
- To use in the aggregate in order to improve our Platform;
- To measure the performance of any offered services;
You will be able to access any information contained in your account through our Platform. You may edit that information by removing or changing the information listed in your account. If you have any questions or wish to review, change, or access any of your PII collected by us, please contact us. You have the following rights to any PII supplied to the Platform, you may:
- Review the PII that you have supplied to us;
- Request a correction of any errors or change of outdated information or omissions in your PII;
- Request that your PII not be used to contact you;
- Request that your PII be removed from our solicitation list(s); or
- Request that your PII be deleted from our records;
Additionally, if you would like us to remove any of your information from our databases, please contact us. During your use of the Platform or after you have cancelled your account please be aware that we may keep inaccessible copies of your PII and non-PII including any communications you may have sent via the Platform for internal and legal purposes that are subject to our data retention policies.
5. Cookies and Tracking
6. Service Providers
7. Service Provider Access to Your Information
Although you are entering into an Agreement with D Support to disclose your information, we do use third party individuals and organizations to assist us (as stated above), including contractors, web hosts, and others to allow you to access the Platform.
8. Law Enforcement
9. Opt Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we, Content Provider and service providers may send you communications via text and emails to execute any services offered. However, you may unsubscribe from certain communications by notifying D Support that you no longer wish to receive these communications, we will endeavour to promptly stop these communications once we have received that request.
We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us.
10. Third Parties
D Support or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
11. Security Measures
We make reasonable attempts to protect your information by using physical and electronic safeguards. For this reason we use SSL certificates to enhance our Platform security. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
12. Age Compliance
We intend to fully comply with European, American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.
13. International Transfer
14. Merger and Acquisition
In the event that D Support is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
If you have any questions or require additional information related to our information collection practices, please contact us through the Platform dashboard.
Version: March 14, 2018