Terms of Service

Last update:
July 15, 2021

These terms of service (the Terms) apply, together with our privacy policy (the Privacy Policy), with our website and our mobile and desktop application Detail (collectively, the Services). Detail is headquartered in Amsterdam and our Services are provided to you by Detail Technologies B.V., having its registered address at Chopinstraat 12, 1077 GN, Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under 81233264 (Detail or We).

Please read these Terms carefully in order to ensure that you are aware of your rights and obligations when using the Services. You can download and print these Terms.

Registrations and accounts

Age restriction

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you’re under the legal age to enter into an agreement, approval of your parent or legal guardian is required.

Registration

You can use the Services without registration. However, you may register in order to create an account and will be required to do so in order to be able to use certain features of the Services. By registering, you agree to (i) provide true, accurate, current and sufficiently complete information about yourself and (ii) maintain and update this data so as to enable Detail to provide you with the Services, which may require providing current payment information for payment processing by Detail or its third party payment processor.

Confidentiality of account information

You are responsible for maintaining the confidentiality of the password associated with your account and of other confidential account information. While We use reasonable security measures to protect against unauthorised access to your account, we cannot, however, guarantee absolute security of your account, personal information you provide, or your Content (as defined below).

Registration and/or access through third-party services

You may register for or log-in to your account via a third-party service, such as Apple, Facebook, or Google. If you choose to do so, you hereby authorise Detail to pre-populate the registration and other relevant information fields and to use your third-party credentials to log you into your account. If you connect your account to a third-party service, you agree to comply with the terms and conditions and policies applicable to such third party.]

Subscriptions (Premium Account)

Subscription fees

In order to access certain functionality of the Services (including through a Premium Account), you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a recurring basis. All subscription fees are payable in advance. Detail reserves the right to increase subscription fees, any associated taxes, or to charge new fees at any time upon reasonable notice.

Payments

To enable payment of the applicable subscription fees through your preferred payment provider, you must provide us with information about your preferred payment method. If you provide such payment information, you authorise us and certain third party service providers (including payment processors) to receive, store and encrypt your payment information. No refunds (in whatever form) will be provided by Detail, other than as provided for in these Terms.

Free trial

At its sole discretion, Detail may provide you with a free trial period. If a free trial is being offered, it will be indicated so before you activate your subscription.

Auto-renewal

Subscription fees will be billed automatically at the start of subscription period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. You may cancel your subscription at any time, as described below.

Cancellation

If you signed up on our website, you may cancel your subscription through our website or through the mobile application. If you signed up through the App Store, you may cancel your subscription through the corresponding store. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription any time against the then applicable subscription fee.

Deletion account

Regardless of if you have activated a subscription, you can delete your account at any time.

Content

Content ownership

You own the information, data, sound, photographs, graphics, video, messages, or other materials you make available in connection with or through the Services (the Content), regardless whether publicly posted, privately transmitted, or submitted through a third party API.

License

You grant Detail a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish or privately or publicly display any Content and any name, username or other information that you post on or in connection with the Services in all media formats (either currently known or later developed) without compensation to you.

Responsibility for Content

You agree that Detail is not responsible for the Content posted on the Services. If your Content violates these Terms or any applicable laws, you are legally responsible for the Content. Between you and Detail, any Content will be non-confidential and non-proprietary. Detail will not be liable for any use or any disclosure of the Content.

Confidentiality of the Content

If you elect to mark the Content that you submit to the Services as private or only available to select users of the Services, Detail will maintain the confidentiality of such Content. If you do not elect to mark your Content as private or only available to a limited group of users, or later change such designation upon which the Content will be made available to anyone, you are responsible for the public nature of your Content.

Third party (including Detail user) products and services

Third party products and services (including events created or broadcast by Detail users) are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Detail, even if payment is collected through our Services. You agree that Detail shall not be liable for any loss or damages of any kind incurred by you as the result of your interactions with third party service providers available through the Services.

Intellectual Property Rights

Detail Proprietary Rights

The Services, including any software used in connection with the Services, any aggregated data based on usage of the Services, and any Content available or made available on the Services contains proprietary information that is protected by applicable intellectual property and other laws. Except as expressly permitted by Detail or any third party holding the necessary rights in relation to the Content, you agree not to modify, distribute or create derivate works based on the Services or Content available on the Services (other than the Content that you own).

Third Party Intellectual Property Rights Infringements (NTD request)

If you believe in good faith that materials hosted by Detail infringe your copyright or trademark rights, you may send us a notice requesting that the material be removed or that access to it is blocked. Such notice and takedown request must include at least the following information: (i) identification of the copyrighted work or trademark claimed to have been infringed, (ii) identification of the Content that is claimed to be infringing and information reasonably required for Detail to locate the material on the Services, and (iii) the name, address, telephone number, and email address of the complaining party. If Detail determines that infringing materials are provided on or through its Services, it will inform you on the action that Detail will take in relation to these infringing materials.

Limitation of liability

No liability

The Services and any Content that is made available to you through the Services, is provided to you “as is”. Detail, including any of its subsidiaries, affiliates, partners, employees or officers, do not accept any liability in relation to the Services as provided by Detail or any of the Content made available through its Services.

Subsidiary liability

In the event that Detail is nevertheless found liable, this liability is limited to direct damages the user suffers as a result of a shortcoming or wrongful act that can be attributed to Detail. Direct damage only includes material damage to goods, reasonable costs incurred to prevent or limit direct damage and reasonable costs incurred to determine the cause of the damage. Detail shall in no event be liable for any special, incidental, indirect or consequential damages, including, but not limited to, loss and/or damage of data, loss of profits and lost sales.

Limitation period

In any event, any liability shall lapse within one year following the earlier of the provision of the Services resulting in any (alleged) liability or one year following the moment as of which the liability could have been reasonably known.

Indemnification

You agree to indemnify and hold Detail, including any subsidiaries, affiliates, officers, employees, licensors, and partners harmless from any claim or demand made by any third party due to arising out of Content, services or products you submit, transmit, offer or otherwise make available through the Services, your use of the Services, your violation of the Terms, your violation of any data protection laws, or your violation of any rights or another person or entity.

Termination

Under certain circumstances and without prior notice, Detail may immediately either suspend or terminate your account and/or access to the Services. These circumstances may include: (i) breaches of these Terms or other policies, (ii) a request by you (for example, in relation to account deletion), (iii) discontinuation or material modification of the Services, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) any violation of intellectual property rights, and/or (vii) nonpayment of any fees owed by you in connection with the Services. Any such suspensions or terminations shall be made in Detail’s sole discretion. You agree that Detail shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. Termination shall not affect the provisions of these Terms concerning General, Limitation of Liability, Choice of Law.

General

Entire Agreement

These Terms and the Privacy Notice constitute the entire agreement between you and Detail with respect to your use of the Services.

Unenforceability

If any provision of these Terms is found by a court (or other competent body) of a competent jurisdiction to be invalid, you and Detail hereby agree that the court should endeavour to give effect to these Terms to the greatest extent possible. The other provisions of these Terms remain in full force and effect.

Assignment

You may not assign or otherwise transfer your account or your rights and obligations under the Terms without the written consent of Detail. Detail has the right, in its sole discretion, to transfer or assign all or any part of its rights and obligations under these Terms. Furthermore, Detail will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services.

Force Majeure

In the case of force majeure, the non-fulfilment of the agreement between you and Detail will not qualify as an attributable failure and Detail is released from all contractual obligations and liability. Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Services, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties hired by Detail, hardware disruptions, disruptions in the (telecommunications) networks and other unforeseen circumstances.

Modification of the Terms and Services

Detail may modify the Terms and Services at any time as described below.

Changes to the Terms

Detail reserves the right, in its sole discretion, to update the Terms at any time and for any reason. We will notify you of any material changes to the Terms or to any service or other features of the Services. If you continue to access or use the Services after we have informed you of such change, you agree to be bound by the modified Terms.

Changes in the Services

Both Detail and its third party service providers may make, at any time and for any reason in its sole discretion, improvements and/or changes in the Services, software applications, features, and prices. The applications may download and install upgrades, updates and additional features in order to improve and further develop the Services. Detail reserves the right to modify or discontinue, either temporarily or permanently, the Services in full or in part with or without notice. Detail shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

Dispute Resolution

Applicable law

The Services, the Terms, the Privacy Policy, your relationship with Detail, and any action in relation thereto, shall be governed by the laws of the Netherlands. If you are a user qualifying as a consumer and based in the European Union, the local law of your European Union Member State may also be applicable.

Competent Court

The competent courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction in relation to any actions regarding the Services, the Terms, the Privacy Policy, and any other aspects of your relationship with Detail.

Questions

If you have any questions or requests for support in relation to our Services, please contact us via support@detail.co.