Sphereon BV a limited Dutch company, founded in 2015 in Amsterdam, The Netherlands, and residing at Bisonspoor 8007, 3605 LW Maarssen, The Netherlands, as well as all affiliated entities (hereinafter: “Sphereon”), process personal data in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter: “GDPR”).
Terms and conditions for Users
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Sphereon Wallet” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”).
This Agreement is legally binding between you (“User”, “you” or “your”) and Sphereon B.V., incorporated in The Netherlands, as the Mobile Application developer (“Operator”, “we”, “us” or “our”).
If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
Links to other resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator.
All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of the Operator or its licensors.
Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties.
Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. You are to inform yourself regularly about the content of these terms and conditions.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and/or Services.
Terms and conditions for Developers
The terms and conditions that apply to the Sphereon Wallet (“the Work”) are set forth in the GNU General Public License version 3.0 (or simply GPLv3), a series of widely used open source software licenses that guarantee you and/or the end users, the freedom to run, study, share, and modify the software.
These same terms and conditions of the GPLv3 must be made known and available by you (“the Licensee”) to anybody receiving a copy of the Work and must have the GPLv3 applied to it. Any Licensee who accepts and adheres to these terms and conditions is given permission to run, study, and/or modify the work, as well as to copy and redistribute the Work or any derivative version. The GPLv3 is a so-called copyleft license, which means that any derivative work must be distributed under the same or equivalent license terms. The GPLv3 allows the Licensee to charge a fee for the Work or provide the Work free of charge.
By using, modifying, or sharing the Sphereon Wallet, you explicitly accept, and commit to adhere to, the terms and conditions of the GNU GPLv3 license.
The full text of these terms and conditions can be found and read at: https://www.gnu.org/licenses/gpl-3.0.html
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: support@sphereon.com
This document was last updated on January 5, 2023