Terms of Use :

 

These Terms of Use are current as of xxx, 2025.

Please read these Terms of Use carefully.

 

 

1.    Your acceptance of these Terms of Use    2

2.    Definitions    2

3.    Description of the Services    5

4.    Your ANSWIFY Account    5

5.    Duration and Renewal    7

6.    Price, payment and billing    7

7.    Use of the Tool and Services    7

8.    Input Data    8

9.    Intellectual Property Rights    9

10.    liability    10

11.    Maintenance    12

12.    Third Partes’ websites and services (External Services)    13

13.    Processing of Personal Data    13

14.    Changes to Services, Content or Accounts    14

15.    Termination and Expiration    14

16.    Miscellaneous    15

Appendix 1: Information Notice on the processing of personal data    18

1.    Scope of the Information Notice and identification of the controller    18

2.    Interpretation    18

3.    Categories of personal data    18

4.    Legal basis and purposes    18

5.    Data recipients    19

6.    Data retention    19

7.    International data transfers    19

8.    Your rights    19

Appendix 2: Data Processing Agreement    20

1.    Purpose and scope    20

2.    Invariability of the Clauses    21

3.    Interpretation    21

4.    Hierarchy    21

5.    Description of processing    21

6.    Obligations of the Parties    21

7.    Assistance to the controller    24

8.    Notification of personal data breach    24

9.    Non-compliance with the Clauses and termination    26

ANNEX I: LIST OF PARTIES    27

ANNEX II: DESCRIPTION OF THE PROCESSING    28

ANNEX III: TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA    29

ANNEX IV: LIST OF SUB-PROCESSORS    31

 

 

1. 1.    Your acceptance of these Terms of Use

 

1. 1.1.    These Terms of Use, together with our Policies, constitute a binding agreement (the “Agreement”) between 

– ANSWIFY, a company with its registered offices at xxxxxxxxx, and 

- the party (“User”, “you”, “your”) who is accessing and using the ANSWIFY mobile app (the “App”), or on behalf of whom the App is used. 

 

1. 1.2.    Our Policies include:

1. 1. (i)    An Information Notice on the processing of personal data (“Information Notice”) (Appendix 1 to this Agreement);

   2. (ii)    A Data Processing Agreement (Appendix 2 to this Agreement). 

 

1. 1.3.    The access to the App and use of the Services requires your adherence to the Agreement. By accessing the App and/or using the Services, you agree to be bound by the Agreement. 

 

1. 1.4.    We may, at our sole discretion, modify or revise the terms of the Agreement at any time. If changes are made to the Agreement, we will notify you by posting an announcement on the App or by sending you an email. Users are bound by any changes when using or otherwise accessing the App after such changes are first notified. 

 

 

1. 2.    Definitions

 

1. 2.    

2. 2.1.    Unless the context requires otherwise, the following expressions, when beginning with a capital letter, shall have the following meanings under these Terms of Use:

   1. 2.1.1.    “Account” refers to your ANSWIFY account.

   2. 2.1.2.    “Agreement” means these Terms of Use together with the Policies.

   3. 2.1.3.    “ANSWIFY”, “we”, “our” and “us” refer to ANSWIFY xxx, a company incorporated under the laws of Belgium, with registered office at xxx and registered with the Crossroads Bank of Enterprises under number xxx. 

   4. 2.1.4.    “App” refers to the ANSWIFY mobile app.

   5. 2.1.5.    “Application Store” refers to application stores where you can download the App.

   6. 2.1.6.    “Content” means any materials, data, information, functionalities or services displayed, provided or made available by ANSWIFY through the Services, including but not limited to text, software, code, scripts, webpages, photographs, video, graphics, graphical user interface, forms, diagrams or other material contained in the Services.     

   7. 2.1.7.    “External Services” means websites, applications and/or platforms which are owned and/or operated by Third Parties (including Linked Services), including the information they make available on the Internet and/or platforms. 

   8. 2.1.8.    “Facebook” refers to Facebook and Messenger.

 

1. 2.1.9.    “Fee” means the applicable fee to be paid by the User to be allowed to use the Services in accordance with the Agreement, as specified in the Application Store.

2. 2.1.10.    “Force Majeure” refers to any delay, failure to perform, damage, loss or destruction, or malfunction of the Services, or any consequence thereof, caused or occasioned by, or due to, an event of force majeure, fire, earthquake, power failure, explosion, civil disturbance, governmental or regulatory action, lack of equipment or materials, unavailability of transportation, acts or omissions of third parties (except subcontractors), epidemic and lockdown, or any other cause beyond the reasonable control of ANSWIFY and which cannot be overcome by the adoption of reasonable measures.

3. 2.1.11.    “Indirect Damages” refers to the damages which are not the immediate consequence of a breach of ANSWIFY to its obligations, like for instance  any financial or commercial loss, any commercial disturbance, any increase in costs and other overheads, loss of profit, loss of brand image, any postponement or disruption in project or business planning, loss of data and its consequences…

4. 2.1.12.    “Information Notice” refers to the Information Notice on the processing of personal data (Appendix 1 to this Agreement).

5. 2.1.13.    “Input Data” means any materials, data, information (i) collected on the Facebook and/or Instagram pages and inbox of the User for the purpose of providing the Services, (ii) provided by the User while using the Services or (iii) resulting from the use of the Services. Input Data includes messages sent and posts published by the User on Facebook and/or Instagram (including through the use of Services), messages and comments received by the User on Facebook and/or Instagram (including those to which the Services apply), information related to the activities and products/services offered by the User (based on the information available on its Facebook and/or Instagram page and inbox and, where applicable, on its website), modifications to reply proposals made by the User, requests for generation of new reply proposals…

6. 2.1.14.    “Intellectual Property Rights” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names,  (un)registered design rights, sui generis database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not.

7. 2.1.15.    “Intended Purpose” refers to the automatic generation of reply proposals to messages sent in the User Facebook/Instagram inbox and to comments posted on the User Facebook and/or Instagram page.

8. 2.1.16.    “Linked Services” means External Services to which Content and/or Input Data can be submitted through the functionalities of the Services (including Facebook and Instagram).

9. 2.1.17.    “Party” refers to any of the Parties to this Agreement. 

10. 2.1.18.    “Parties” refers to the Parties to this Agreement. 

11. 2.1.19.    “Personal Data” means, in accordance with the General Data Protection Regulation (2016/679), “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

12. 2.1.20.    “Policies” refer to our Information Notice and to the Data Processing Agreement. 

13. 2.1.21.    “Services” means the services offered to Users through the App, as described in Section 3. 

14. 2.1.22.    “Subscription Period” refers to the period during which the Agreement is in force. The duration of such a period is specified in Section 5. A new Subscription Period starts each time the Agreement is renewed in accordance with Section 5.

15. 2.1.23.    “Third Party” means a legal entity, company or person that is not a party to this Agreement.

16. 2.1.24.    “Tool” refers to the artificial intelligence tool used to provide the Services.

17. 2.1.25.    “User” means any party who subscribes to the Services, in accordance with the Agreement, and who is therefore granted the right to access and use the Services.

 

1. 2.2.    Interpretation – In the Terms of Use: (i) whenever the words “include”, “includes” or “including” are used, they are deemed to be followed by the words “without limitation”; (ii) words importing the singular only shall also include the plural and vice versa where the context so requires and references to persons include incorporated and unincorporated bodies, including partnerships and their successors and assigns; (iii) unless expressly stated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months; (iv) clause and paragraph headings are inserted for convenience only and shall not affect the interpretation of the Terms of Use; and (v) references to a statute, law, by-law, regulation, rule, directive, delegated legislation or order also refers to the same as amended, modified or replaced from time and to any by-law, regulation, rule, directive, delegated legislation or order made thereunder.

 

 

1. 3.    Description of the Services

 

1. 3.    

2. 3.1.    The App offers access to the Services which consists in a service that automatically generates reply proposals to messages sent in your Facebook/Instagram inbox and to comments posted on your Facebook and/or Instagram page. 

 

1. 3.2.    To use the Services, you need to log in to the Facebook and/or Instagram account(s) you want to benefit from this service.

 

1. 3.3.    The Services automatically identify new messages sent/comments posted and generates a reply proposal to each of them. You are informed of this in the App’s main menu. 

 

Reply proposals are only visible to you on the App at that stage. They are not automatically sent/posted without your intervention. 

 

1. 3.4.    When a reply proposal is generated, you have three options: (i) sending/posting it as is, (ii) request generation of a new reply proposal, or (iii) modify the reply proposal before sending/posting. 

 

Please note that new reply proposals can be generated two times. 

 

1. 3.5.    The App is available in English and in French.

 

 

1. 4.    Your ANSWIFY Account

 

1. 3.    

2. 4.    

1. 4.1.    The Services are provided in connection with specific Facebook and/or Instagram account(s) you decided to link thereto, which requires you to log in to the Facebook and/or Instagram account(s) you want to link to the Services. The connection to a Facebook and/or Instagram account is necessary since the Services are provided to you in relation to messages sent and comments posted on the linked Facebook and/or Instagram account(s). You therefore acknowledge that you are responsible for complying with the terms of use and any other terms applicable to the use of Facebook and/or Instagram. Your use of the Services is subject to you complying with such terms of use and any other applicable terms. 

 

Once you registered to the App through the relevant Facebook and/or Instagram account(s), your Account is considered created.

 

1. 4.2.    The access to the App and related use of the Services is subject to payment of the Fee, in accordance with the terms set out in Section 6.

 

1. 4.3.    You can sign up for a free trial of the App. In such a case, you can access the App and use the Services for the indicated trial period. This period cannot be interrupted. At the end of the free trial, you will no longer have access to the App and related Services, unless you pay the applicable Fee, in accordance with the terms set out in Section 6. In case you do not subscribe to the Services beyond the trial period, your data will be deleted within one (1) month of the expiry of the trial period. 

 

1. 4.4.    You declare and guarantee that you have the legal capacity to contract and, if you represent a company or any other organization with legal personality, that you are authorized to act in the name and on behalf of this company or organization.

 

1. 4.5.    You are responsible for the security and confidentiality of your Account access parameters, its terminals, its passwords and its connection. 

 

A user account is strictly personal and cannot be shared with a Third Party. 

 

To ensure the confidentiality and security of the Services, you shall use your identifier and password (related to your Facebook and/or Instagram account(s)) in such a way as to preserve their strict confidentiality. In particular, you shall not disclose your username and/or password to anyone.  

 

Any use of the Services by means of these identifiers and password is deemed to have been made by the User himself. Any action taken under the User’s login is the User’s responsibility, whether or not such activity was authorized by the User.

 

1. 4.6.    If your username and/or password is lost or stolen, or if you believe that your Account (including via your Facebook and/or Instagram account(s)) has been accessed by unauthorized Third Parties, you shall notify us directly in writing and change your password at the earliest possible opportunity.

 

1. 4.7.    We reserve the right to disallow, cancel, remove or reassign certain usernames or permalinks related to the App in appropriate circumstances, as determined by us at our sole discretion, and may, with or without prior notice, suspend or close your Account and/or access to the Services if activities occur on your Account which would or might constitute a violation of the Agreement, or an infringement or violation of the rights, including the Intellectual Property Rights, of any Third Party, or of any applicable laws or regulations.

 

1. 4.8.    You may close your Account at any time, which will be considered as a refusal to renew the Agreement for a new Subscription Period, in accordance with Section 15.1.

 

 

1. 5.    Duration and Renewal

 

1. 5.    

2. 5.1.    This Agreement is initially concluded for a Subscription Period of one (1) month. The Agreement automatically renews for successive additional Subscription Periods of one (1) month unless you close your Account at least seven (7) days before the start of the next Subscription Period.

 

1. 5.2.    In case of free trial, the Agreement is concluded for a period of one (1) month, without automatic renewal. 

 

 

1. 6.    Price, payment and billing

 

1. 6.    

2. 6.1.    The access to the App and related use of Services is subject to the payment of the Fee, which amount is set in the Application Store. The applicable price is the one displayed in the Application Store at the time of the purchase. 

 

1. 6.2.    ANSWIFY reserves the right to update its price list and to specify new charges at any time. In such a case, you will be informed of the changes via the App. They will be applicable as from the following Subscription Period. 

 

1. 6.3.    You shall pay the Fee directly to the provider of the Application Store. In this regard, the terms of use of the relevant Application Store are applicable. 

1. 1. (i)    For the Apple’s App Store: https://www.apple.com/befr/legal/internet-services/itunes/befr/terms.html.   

   2. (ii)    For the Google Play Store: https://play.google.com/intl/fr_be/about/play-terms/index.html. 

 

In particular, the security of electronic fund transfers and the proper execution of payment orders in general are the sole responsibility of the financial service provider used by the relevant Application Store.

 

ANSWIFY cannot be held responsible for any damage whatsoever resulting from an error, omission, breakdown, malfunction, fraud, or unlawful act relating to these payment services which are not under its control. 

 

 

 

1. 7.    Use of the Tool and Services

 

1. 7.    

2. 7.1.    The Services must be used in good faith and in accordance with the acceptable behaviour standards. In particular, as the reply proposals are generated by an artificial intelligence Tool, they shall be subject to human review, for which the User is solely responsible. The Services do not include a compliance check with the applicable laws (including laws regulating artificial intelligence and data protection laws) and accepted standards of behaviour. The User is solely responsible for sending and posting replies. Consequently, ANSWIFY declines all responsibility in the event of improper or unlawful replies which may be posted by the User based on proposals generated by the Services.

 

1. 7.2.    You commit to using the Tool in accordance with its Intended Purpose, to the exclusion of any other purpose, and not to modify this Intended Purpose. Additionally, you commit not to change the Tool into a high-risk AI system within the meaning of the AI Act (regulation (EU) 2024/1689).

 

1. 7.3.    You may not, without our prior written consent, use the App in such a way that you aggregate Content from the Services into a separate destination (e.g., another mobile application or website) that replicates substantially the offering of the Services, or comprises a content service of which Content from the Services forms a material part.

 

 

1. 8.    Input Data

 

1. 8.    

2. 8.1.    You understand that, in order for us to provide you with the Services, it is necessary that we have sufficient, accurate and appropriate information, in particular about your activities, the products/services you offer and how you communicate with the public and individuals via Facebook and/or Instagram. The quality of the Services depends on that.

 

You are responsible for providing us with such information in due time to enable a timely delivery of the Services in accordance with the Agreement terms. 

 

1. 8.2.    The App and the Services are not intended to store Input Data. 

 

1. 8.3.    You are solely responsible for the accuracy, completeness and appropriateness of the Input Data. ANSWIFY shall not be liable for any dissatisfaction with the Services or damages resulting from incompleteness, inaccuracies, inappropriateness or omissions in the Input Data. In addition, the User consequently agree to indemnify and hold ANSWIFY harmless from any claims, damages, or losses arising from any Third Party’s claims related to the Input Data or its use in the framework of the Services. In the event of any such claims, the User shall bear all costs and expenses, including legal fees, incurred by ANSWIFY in defending against such claims, without prejudice to any other damages for which ANSWIFY reserves the right to claim compensation.

 

1. 8.4.    Linked Services: You hereby acknowledge and agree that once Input Data is distributed to a Linked Service, it is no longer under ANSWIFY control. The User shall therefore solely responsible to deal with any request to remove or correct Input Data from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Linked Service deletes any item of Input Data from the Linked Service.

 

1. 8.5.    The User grants ANSWIFY a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use the Input Data for the purposes of improving the quality of the Services. This license applies for the entire duration of Intellectual Property Rights.

 

You also grant us the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Services or in the marketing, promotion or advertising of the Services, including in all forms of marketing, promotion, and advertising materials now known or hereafter created. This license applies for the entire duration of Intellectual Property Rights.

 

1. 8.6.    Input Data may not:

1. 1. (i)    be unlawful, abusive, libelous, defamatory, pornographic or obscene, and you shall not promote or incite harassment, violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;

   2. (ii)    be contrary to the Agreement; and/or

   3. (iii)    contrary to applicable local, national, and international laws and regulations.

 

 

1. 9.    Intellectual Property Rights

 

1. 9.    

2. 9.1.    The Services, as well as the reply proposals resulting from the provision of the Services, are our property and shall not be used other than in strict compliance with this Agreement. When you enter into this Agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Services and the generated reply proposals.

 

This license is granted with a worldwide scope, and is subject to the payment of the applicable Fee. The license on the generated replies is granted for the duration of the Intellectual Property Rights thereon, while the license on the Services and in particular the right to use the Tool, the App and the Services is limited to the term of the Agreement and shall automatically be terminated at the date of expiry of the Agreement.

 

You may not, under any circumstances:

1. 1. (i)    copy, sell, resell, assign, license, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Services or any part thereof in any form by any means;

   2. (ii)    adapt, modify, decompile, disassemble, localize, port and/or reverse engineer the Services or any part thereof;

   3. (iii)    remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking placed upon or contained within the Services;

   4. (iv)    use the Services and the reply proposals for any purpose other than those permitted under this Agreement; or

   5. (v)    remove, extract, download or copy any software, firmware, program and/or any code of any kind which have been embedded and/or incorporated into the hardware, devices and/or equipment comprised in any device used to access the Services.

 

1. 9.2.    This license is subject to your compliance with the Agreement, and the payment of the applicable Fee. This license does not imply any transfer of rights to you, and does not allow the transfer of the granted rights to a Third-Party.

 

Any breach of the foregoing restrictions shall result in immediate and automatic termination of all rights and license granted hereunder. The use restrictions set out herein shall survive the termination of this Agreement.

 

Any breach of these obligations shall also automatically entail, and without prior notice, a fixed indemnity equivalent to 5.000 euros, without prejudice to the right of ANSWIFY to claim a higher indemnity that it can justify and without prejudice to the right of any injured third parties to institute proceedings independently of ANSWIFY.

 

1. 10.    Liability

 

1. 10.    

2. 10.1.    Except expressly otherwise specified in the Agreement, ANSWIFY obligations are, as a general rule, obligations of means. 

 

1. 10.2.    Unless otherwise agreed, the information provided by ANSWIFY is general and informative.

 

1. 10.3.    ANSWIFY uses its best efforts to ensure the proper and continuous operation of the Services.

 

However, the Services may be temporarily, in whole or in part, unavailable for technical reasons, including updates or maintenance. 

 

The Services are provided on a best efforts basis, without warranty of any kind regarding technical bugs, deficiencies or lack of performance. 

 

1. 10.4.    ANSWIFY shall not bear any liability in case of issue or damage caused in whole or in part by Third Parties such as, but not limited to: 

1. • (i)    an interruption, disconnection, slowdown of electronic communication services and/or an issue with the cloud hosting infrastructure used to operate the Services;

   • (ii)    an unauthorized intrusion on the hosting infrastructure or the consequences of viruses or malwares, or fraud attempt, or malicious action ;

 

 

1. 10.5.    The Services and the Content are provided on a standard basis. ANSWIFY makes therefore no representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of Third Party’s rights, title, merchantability, satisfactory quality or fitness for a particular purpose, and freedom from computer virus or other malicious code  in connection with the Services. Without prejudice to the generality of the foregoing, we do not warrant:

1. 1. (i)    the accuracy, timeliness, adequacy, commercial value or completeness of the Services, and expressly disclaim any liability for errors, delays or omissions in the reply proposals, or liability for any action taken based on the Content or the Services;

   2. (ii)    that your use of and/or access to Services will be uninterrupted, timely, secure or free from errors or that any defects will be corrected;

 

1. 1. (iii)    that any information, instructions or communications posted or transmitted by you through the Services is secure and cannot be accessed by unauthorized Third Parties;

   2. (iv)    that your use of the Services is lawful in any particular jurisdiction;

   3. (v)    that the hardware and software you are using to connect to the Services is compatible with the Services. We decline all responsibility in the event of inadequacy between your computer/mobile installation (hardware, software, connection, etc.) and the Services. The User is responsible for obtaining adequate information regarding hardware and software compatibility before subscribing to the Services. 

 

1. 10.6.    Limitation of Liability: ANSWIFY shall not be liable to you for any loss, damages or expenses (including any direct, Indirect Damages, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) arising directly or indirectly in connection with:

1. 1. (i)    any changes that we may make to the Services during the term of the Agreement, or

   2. (ii)    any temporary or permanent suspension of access to the Services or any Content in or from any or all territories;

   3. (iii)    any action taken against you by Third Parties with respect to any alleged infringement of such Third Party’s rights related to your Content or your access to and/or use of the Services and/or the Content;

   4. (iv)    any action taken as part of an investigation by us or any relevant law enforcement authority regarding your use of the Services and/or Content;

   5. (v)    your failure to provide us with accurate or complete information, or your failure to keep your username and/or password suitably confidential;

   6. (vi)    any misconduct by other Users using the Services, especially in breach of the Agreement;

   7. (vii)    any loss or damage to any computer hardware or software, any loss of data (including Input Data), or any loss or damage resulting from any security breach; 

 

1. 1. (viii)    any non-performance, error, interruption or delay in the performance of the Agreement (or any part thereof) if this is due, in whole or in part, directly or indirectly to an event of Force Majeure.

 

1. 10.7.    Indemnity: Save for losses arising directly from our fraud or willful default, you hereby agree to defend, indemnify and hold harmless the ANSWIFY from and against any claims (actual and threatened), settlement sums, liability, losses, damages, costs (including solicitor and client costs and expenses (legal or otherwise), charges, expenses, actions, proceedings, whether foreseeable or not, which ANSWIFY may sustain, suffer or incur, directly or indirectly out of or in the course of or in connection with any of the following:

1. 1. (i)    your access to and/or use of the Services or any part thereof;

   2. (ii)    any enforcement of our rights under the Agreement;

   3. (iii)    any violation by you of any terms of the Agreement, however arising;

   4. (iv)    any claims for violation of any Third Party’s rights, including, without limitation any Intellectual Property Right or privacy right, arising from or in relation to your access to and/or use of the Services and/or Input Data;

   5. (v)    any claims or damages arising from the provision of Input Data on the Services;

   6. (vi)    any damages caused by activities related to your Account, be it by you or by any other person accessing your Account with or without your consent.

 

1. 10.8.    Nothing in this Agreement limits or excludes the liability of ANSWIFY for (i) any death or personal injury caused by its or their negligence, or (ii) any losses arising directly from its or their fraud or willful default.

 

1. 10.9.    In general, except for personal injury or death of the User due to an action or omission of ANSWIFY, the liability of ANSWIFY is limited to the amount of the Fee paid by the User during the last twelve (12) months.

 

 

1. 11.    Maintenance

 

1. 11.    

2. 11.1.    To the extent possible and desirable in light of the state of the art, ANSWIFY may adapt and improve the Services. Therefore, the User understands and accepts that the Services and, in general, all the functionalities offered by the Services may be subject to modification. Therefore, some features may be removed and others added, without the User being able to assert any right over any of them. 

 

1. 11.2.    Whenever possible, ANSWIFY shall inform the User of the most important changes by email or on the App., and shall do its best efforts to limit the possible interruption of Services due to such maintenance actions.

 

1. 11.3.    ANSWIFY does not, however, make any commitment with respect to upgrade maintenance and does not undertake to carry out such upgrade maintenance, nor to carry out such maintenance with a view to customizing and/or adapting the Services to the User’s specific needs.

 

 

1. 12.    Third Partes’ websites and services (External Services)

 

1. 12.    

2. 12.1.    The Services shall be used by you in connection with External Services, , and in particular with the Linked Services.

 

1. 12.2.    ANSWIFY does not have or maintain any control over External Services, and that is not responsible for their content, operation or use, or the consequences of accessing any such External Services. By linking or otherwise providing access to any External Services, we do not give any representation, warranty or endorsement, express or implied, with respect to the legal compliance, accuracy, quality or authenticity of content, or information provided by such External Services.

 

1. 12.3.    External Services are governed by their own terms of use. You are solely responsible for reviewing any terms of use or other terms governing your use of the External Services, which is made at your own risk. 

 

 

 

 

1. 13.    Processing of Personal Data

 

1. 13.    

2. 13.1.    Processing of Users’ Personal Data by ANSWIFY: ANSWIFY is concerned with the protection of Personal Data relating to its Users. Our Information Notice is intended to provide you information on why and how we process Personal Data relating to you. It may be updated and/or amended from time to time.

 

1. 13.2.    Processing of Third Parties’ Personal Data by ANSWIFY on behalf of Users: ANSWIFY may process personal data relating to Third Parties on your behalf (Processor) as necessary to provide the Services, in accordance with the Data Processing Agreement (Appendix 2 to this Agreement). These Third Parties are, in particular, natural persons who send you messages on Facebook/Instagram and/or who post comments on your Facebook and/or Instagram page.

 

You warrant that you process Third Parties’ Personal Data in accordance with applicable data protection laws, including in such a way as to enable ANSWIFY to process such Personal Data lawfully on your behalf. In particular, you warrant that you have provided appropriate information to such Third Parties on ANSWIFY’s intervention in the processing of their Personal Data, as required by applicable data protection laws.

 

1. 14.    

 

1. 14.    Changes to Services, Content or Accounts

 

1. 14.1.    We may, from time to time and without giving any reason or prior notice, upgrade or modify the Services or any part thereof, temporarily or permanently, and in its entirety or with respect to certain territories only.  

 

1. 14.2.    We may change the features of an Account, may withdraw or introduce new features, products or types of Account at any time and for any reason, and may change the prices charged for any aspect of the Services from time to time. 

 

1. 14.3.    In the event of any material reduction in the features of any aspect of the Services, you will be informed of such change(s) and its effective date. In case the Services reduction raises an issue for you, you are allowed to cancel your ongoing Subscription Period and will be reimbursed of the applicable Fee, prorate temporis.

 

1. 14.4.    You have no right of continued access to any particular item of Content. You agree that you do not rely on us to keep a copy of or make available any Content that is or was available on or through the Services. We shall have no liability in the event that you are unable to access an item of Content due to its removal from the Services.

 

1. 14.5.    For the avoidance of doubt, we are under no obligation to provide any adaptations, enhancements and/or modifications to the Services, including any updates, patches, bug-fixes and/or upgrades to the Services or any new versions and/or releases of the Services which incorporate new features or functions.

 

 

1. 15.    Termination and Expiration

 

1. 15.    

2. 15.1.    Expiration of the Agreement: Upon expiration of the ongoing Subscription Period and except in case of free trial, this Agreement shall be automatically renewed for successive additional Subscription Periods unless you close your Account at least seven (7) days before the start of the next Subscription Period.

 

1. 15.2.    Termination by us: We may, with immediate effect upon giving you notice, terminate the Agreement in case of breach of any provision of the Agreement, or if, in our opinion or the opinion of any regulatory authority, tribunal or court of law, it is not suitable to continue providing any aspect of the Services. 

 

We may also terminate this Agreement at any time, for any reason, by providing you with seven (7) days prior written notice via the App. 

 

1. 15.3.    Consequences of expiration or termination of the Agreement: Upon expiration or termination of the Agreement, your Account will be disabled, and you will no longer have access to the App and associated Services, and all rights and/or licenses granted to you under this Agreement shall immediately cease and terminate. The license on the already generated Content (at the time of termination of the Agreement) shall however remain valid despite the termination of the Agreement, subject to the complete and prior payment of the applicable Fee.

 

In the event of termination due to a breach of the Agreement on your part, you will not be entitled to claim any refund of the price paid for the ongoing Subscription Period.

 

1. 15.4.    Input Data upon expiration or termination of the Agreement: Once your Account has been terminated, all Input Data residing in your Account or pertaining to activity from your Account, will, within a commercially reasonable and practicable time, be irretrievably deleted from our servers, except to the extent that we are obliged or permitted to retain such Input Data, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. We assume no liability for any Input Data, data or information that is irretrievably deleted following any termination of your Account. 

 

1. 15.5.    Survival of terms: All provisions of this Agreement which, by their nature, should survive termination shall survive termination, including Sections 2, 8.5, 9.2, 10 and 16.

 

 

1. 16.    Miscellaneous

 

1. 16.    

2. 16.1.    Binding and conclusive: The Parties expressly agree to accept electronic documents and electronic notifications via the App as written evidence mean.  

 

You acknowledge and agree that any records maintained by us or our service providers relating to or in connection with the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. 

 

1. 16.2.    Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

 

The User understands that ANSWIFY cannot provide more guarantees than it receives from its own subcontractors. ANSWIFY uses reputable contractors and subcontractors to perform various services.

 

1. 16.3.    Assignment: You may not assign your rights or obligations under this Agreement in whole or in part, to any Third Party without our prior written consent. We may assign our rights and (to the extent permitted by law) obligations under this Agreement, in whole or in part, to any Third Party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of ANSWIFY.

 

1. 16.4.    Severability: The invalidity or unenforceability of any of the provisions in the Agreement shall not adversely affect or impair the validity or enforceability of the remaining provisions of the Agreement.

 

Each Party shall use its best efforts to immediately negotiate in good faith a valid replacement provision that retains, to the extent possible, the economic balance and intent of the Parties as reflected in the initial provision, within the limits permitted by the applicable law.

 

1. 16.5.    Waiver: In any event, our failure to enforce the Agreement shall not constitute a waiver of any terms of the Agreement, and such failure shall not affect the right later to enforce the Agreement. We would still be entitled to use our rights and remedies in any other situation including where you breach the Agreement.

 

1. 16.6.    Entire Agreement: This Agreement constitute the entire agreement between you and us with respect to your use of and access to the Services, and supersedes any prior agreement or representation, whether oral or written, between you and us. Any modifications to the Agreement must be made in writing.

 

1. 16.7.    Rights of Third Parties: A person or entity who is not a party to the Agreement shall have no right under laws to enforce any terms of the Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of the Agreement.

 

1. 16.8.    The Agreement is written in English. Only the English version of the Agreement is authoritative.

 

1. 16.9.    Insofar as applicable, since the Agreement is principle concluded remotely and in view of the nature of the Services, you acknowledge that you expressly request access to the Services immediately and that you therefore waive your right of withdrawal in accordance with articles VI.45, 11°, and VI.53, 1°, of the Belgian Code of Economic Law. 

 

1. 16.10.    By express derogation from Article 8.20 of the Belgian Civil Code, the Agreement is executed by the User acceptance of the applicable terms, as organised by the relevant Application Store during the completion of the subscription process.

 

1. 16.11.    Governing Law: The Agreement, including its conclusion, interpretation, performance, termination and all disputes relating thereto, shall be governed by and construed in accordance with the laws of Belgium.

 

1. 16.12.    Dispute Resolution: The Parties agree to make every reasonable effort to resolve any dispute arising out of or relating to the validity, interpretation, or performance of this Agreement through amicable negotiations in good faith.

 

Any dispute arising out of or in connection with this Agreement that cannot be resolved amicably by the Parties, shall be subject to the exclusive jurisdiction of the courts of Liège, Belgium.