ARTICLE 1. DEFINITIONS
1.1. Account: the personal account that is made available to the User by GT Enterprise for the use of the App and the web application.
1.2. App: the application provided by GT Enterprise, referred to as the Gametimer App, with which the User is able to manage and review the gaming times of the Gamer.
1.3. Gamer: the natural person for whose benefit the User wishes to manage the gaming times using the Gametimer and Gametimer App.
1.4. User: the natural person who has entered into an Agreement with GT Enterprise and is acting neither in the exercise of a profession or on behalf of a company.
1.7. Party (Parties): the parties to the Agreement, the User and GT Enterprise, individually or jointly.
1.8. GT Enterprise: GT Enterprise B.V., established at Ettenseweg 4C in Roosendaal and registered with the Chamber of Commerce under number 20056126.
1.9. Website: the website of GT Enterprise, www.gametimer.com, and any other domains or sub-domains.
ARTICLE 2. FORMATION OF THE AGREEMENT
2.1. The App is available for download by the User through Apple’s App Store and the Google Play Store.
2.2. The Agreement shall be concluded once the User has accepted the offer provided by GT Enterprise.
2.3. If the User is required to pay for the App, it will be clearly set out alongside the offer, including the price.
2.4. In order to use the App, a User must first be registered.
2.5. Apart from the provisions listed below, Apple’s App Store and the Google Play Store may apply terms and conditions to the purchase of the App, its use, making in-app purchases as well as related issues.
ARTICLE 3. USE OF THE GAMETIMER APP AND ACCOUNT
3.1 The User will be able to manage and review the gaming times of the Gamer through the App. In general, the User will be the parent or guardian of the Gamer. To manage and review the Gamer’s gaming times, the User must connect the App to the Gametimer product. The Gametimer and the App are expressly intended to be used as a tool between Users and Gamers, teaching gamers (children) to manage their own time spent gaming. There is no connection with consoles used by Gamers and a console consequently cannot be switched off automatically after the gaming time has expired on the Gametimer. It is the individual responsibility of the User and Gamer to ‘obey’ the Gametimer.
3.2 In order to use the App, the User must first register and create an Account, for which the User must also enter the Gamer’s details. These data are necessary in order to use the Gametimer and the App. The User shall declare that they are authorised to provide the Gamer’s data; for example, by having parental authority over the Gamer.
3.3 During the registration process, the User will choose a username and password, with which they will be able to log into the App after they have been registered. The User shall bear individual responsibility for selecting a sufficiently reliable password. GT Enterprise shall not be liable for any misuse of the login credentials and may at all times assume that a User who has logged into the App is the actual User.
3.4 After registering and creating the Account, the User will be able to set the gaming times for the Gamer, such as the number of hours per day that the Gamer is allowed to play games as well as any breaks that they must take between gaming times. The App must subsequently be connected to a physical Gametimer product. Each time that a Gamer will play, the Gametimer will indicate the status of the gaming time for the Gamer. The User will be able to change the settings in order to receive status notifications.
3.5 In addition, the User can choose to purchase a Premium Account for the App at a fee or an additional fee. The additional features that the User will gain by upgrading shall be clearly stated in the relevant offer. For example, these features may include receiving extensive statistics and graphs of the time spent gaming by the Gamer. As a result, the User will be able to determine whether the Gamer’s gaming habits have increased or decreased over a given period, among other things. An additional feature may allow comparison of the Gamer’s gaming behaviour with other gamers, such as gamers of the same age in another region. Another supplementary feature enables the adding of both multiple Users (e.g. other parents) and multiple Gamers (e.g. other children in the family) to the App.
3.6 GT Enterprise is committed to ensuring that the information in the App should be as comprehensive and accurate as possible. Nevertheless, GT Enterprise shall bear no responsibility in any way whatsoever for any damage arising from the use, incompleteness or inaccuracy of the information provided in the App.
ARTICLE 4. RULES OF USE
4.2 If GT Enterprise finds that the User has violated these terms or the law, or receives a complaint in this regard, GT Enterprise may take measures to end the violation. In such cases, GT Enterprise may block access to the relevant information or may block the User’s access to the App.
4.3 GT Enterprise is authorised at all times to report any criminal acts that are discovered, and will cooperate with duly authorised orders and commands. In addition, GT Enterprise is authorised to provide the name, address, IP address and other data identifying the User to a third party who has complained that the User has violated its rights or these terms, provided that:
a) it is sufficiently plausible that the information, on its own, is unlawful and harmful with regard to the third party;
b) the third party has a genuine interest in obtaining the data;
c) it is plausible that, in the specific case, there is no less far-reaching measure to obtain the data;
d) the weighing of the interests involved entails that the third party’s interest should prevail.
4.4 The User shall be obliged to follow all reasonable instructions issued by GT Enterprise that relate to the use of the App.
ARTICLE 5. PAYMENT AND PAID SERVICES/PREMIUM ACCOUNT
5.1 The User will be able to make purchases within the App, such as the purchase of a Premium Account. If payment is due for the App or for an in-app purchase, GT Enterprise shall rely on the payment system used by Apple’s App Store and the Google Play Store, including the underlying payment systems such as those of credit card providers. GT Enterprise shall only be obliged to effectuate the app or in-app purchases once this payment system has confirmed payment.
5.2 If the User has paid for the App and in the case of in-app purchases, the User acknowledges that they shall not be entitled to revoke the purchase under the Distance Selling Act (Wet Koop op Afstand).
ARTICLE 6. LICENCE AND INTELLECTUAL PROPERTY RIGHTS
6.1 GT Enterprise hereby grants the User personal right of use (licence) as the lawful acquirer of the App for the use of the App in the way that it was intended for the duration of the Agreement.
6.2 All rights to the App, the accompanying documentation, and all modifications and expansions thereto are and shall remain with GT Enterprise. Nothing in this Agreement is intended for the transfer of intellectual property rights, which in any case includes copyrights, rights to domain names, trade name rights, rights to know-how, trademark rights, design rights, neighbouring rights and patent rights.
6.3 GT Enterprise may implement technical or other measures to protect the App. Where GT Enterprise has implemented such security measures, the User may not remove or circumvent that security.
6.4 The User is entitled to create a backup copy of the App. However, this backup copy may not be used independently by the User, nor may it be traded or distributed by the User other than in conjunction with the original App.
ARTICLE 7. SECURITY AND PRIVACY
7.1 GT Enterprise will endeavour to protect the App adequately against misuse and unauthorised access to the User’s data.
7.2 Use of the App will involve processing the personal data of the User themselves as well as that of the Gamer entered by the User. As processing the personal data of the User and the Gamer is required for the App and the Gametimer to be used, these data are processed for the purpose of performing the Agreement.
ARTICLE 8. USER DATA
8.1 The data and information entered through the App and the Account by the User shall remain the property of the User. The User shall provide GT Enterprise with right of use for these data and this information for the term of the Agreement. The User may terminate this right of use by removing the data and information or by terminating the Agreement, accompanied by a request for the data and information to be deleted.
ARTICLE 9. AVAILABILITY, MAINTENANCE AND CHANGES
9.1 The User shall be responsible for installing the App and taking it into use.
9.2 While GT Enterprise will endeavour to ensure that the App does not contain any viruses, backdoors or malicious routines as well as to keep the App and the Website available as much as possible, it does not guarantee uninterrupted availability.
9.3 GT Enterprise will be authorised to modify the App or components thereof and to carry out maintenance activities.
9.4 Maintenance activities for and modifications to the App and the Website by GT Enterprise may result in the App and/or Website temporarily becoming completely or partially unavailable. GT Enterprise will make efforts to ensure that these restrictions of use will be announced in a timely manner.
9.5 From time to time, GT Enterprise will issue updates time that can rectify errors or improve the App’s performance.
9.6 The available updates for the App will be announced via notifications through Apple’s App Store and the Google Play Store, where it will be the User’s responsibility to monitor these notifications. In addition, the updates will be implemented via this platform, which will require an active Internet connection.
9.7 Installation of the updates will take place with the separate consent of the User. GT Enterprise will depend on the availability of Apple’s App Store and the Google Play Store, over which GT Enterprise has no control, for the effective implementation of the updates. GT Enterprise will not be responsible or liable for the correct execution of the updates. There will be no liability for damage arising from errors that have been corrected by an update not installed by the User.
9.8 An update may impose conditions that derogate from the provisions in the Agreement. The User will always be notified in advance of these conditions, which means that the User will have an opportunity to refuse the update. By installing such an update, the User agrees to these deviating terms, which will subsequently constitute part of the Agreement.
ARTICLE 10. LIABILITY
10.1 The Gametimer and the App are expressly intended to be used as a tool between Users and Gamers, teaching gamers (children) to manage their own time spent gaming. As there is no connection with consoles used by Gamers, a console cannot be switched off automatically after the gaming time has expired on the Gametimer. It is the individual responsibility of the User and the Gamer to ‘obey’ the Gametimer. Naturally, teaching the Gamer to engage with gaming in a responsible way is also the responsibility of the User.
10.2 GT Enterprise is unable to influence the data that the User enters in and stores on the App themselves, and it cannot affect the way in which the User and the Gamer deal with games. For this reason, GT Enterprise excludes its liability in respect of the User for damage arising as a result of shortcomings in the fulfilment of the Agreement or unlawful conduct.
10.3 Any restrictions of liability will not apply in case of intentional or deliberate recklessness on the part of GT Enterprise.
10.4 GT Enterprise will in no way be responsible for any damage whatsoever arising from the use, incompleteness or inaccuracy of the information provided in the App and on the Website.
10.5 There will be no liability if it either directly or indirectly results from the incorrect operation of Apple’s App Store or of the Google Play Store.
ARTICLE 11. COMPLAINTS PROCEDURE
11.2 GT Enterprise will respond to complaints about the App as soon as possible, but in any case within fourteen (14) days of receipt.
ARTICLE 12. DURATION AND TERMINATION
12.1 The Agreement will be entered into for the period as defined in the offer, which will generally be for an indefinite period of time. The Agreement may be terminated at any time by both the User and GT Enterprise.
12.2 A fixed period will generally apply to Premium Accounts, which will be listed alongside the offer. This Premium Account subscription may only be terminated by the User at the end of the agreement and will otherwise be tacitly renewed for the same period. In this case, the User will be able to terminate the agreement on a monthly basis.
12.3 Termination must take place as much as possible through the User’s Account, insofar as opportunities to do so have been provided. In any event, the User may terminate the Agreement in the same manner by which the Agreement was concluded.
12.4 After termination of the Agreement (for whatever reason), the User must cease and not resume any use of GT Enterprise property. In such cases, the User must remove all copies (including backups) of the App from all of the User’s systems.
13.2 If the User does not wish to accept the amendments or additions, the User can submit a reasoned objection within 14 days after the announcement, following which GT Enterprise will reconsider the amendment or addition.
13.3 If GT Enterprise decides to continue with the amendment or addition, the User may terminate the Agreement.
ARTICLE 14. EXIT
14.1 GT Enterprise will retain the data and information of the User for the duration of the Agreement. GT Enterprise will endeavour to provide the User with a copy of these data and this information at the end of the Agreement at their request.
14.2 The copy will be provided in a standard file format to be determined by GT Enterprise.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The Agreement is subject to Dutch law. This choice of law is without prejudice to the protection that the User has pursuant to mandatory law in their residence.
15.2 Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where GT Enterprise has its registered office.
15.5 GT Enterprise will be entitled to transfer its rights and obligations under this Agreement to a third party taking over GT Enterprise’s relevant business activities or copyrights on GT Enterprise.
GT Enterprise B.V.
4706 PB Roosendaal
Telephone: +31 85 301 1616
Chamber of Commerce number: 20056126
VAT number: NL.8043.95.901.B01