Appiness - SPOTT - General Terms and Conditions from 01/05/2017

  1. Introduction
    1. These General Terms and Conditions govern the registration, use and access to the mobile application SPOTT ("SPOTT”), designed and managed by Appiness N.V. with its registered office in Hertshage 10, 9300 Aalst, Belgium and registered in the Cross Bank Enterprises under number 0543.611.457 (Register of Legal Persons Dendermonde) ("Appiness").
    2. By downloading, installing, using, opening or registering on SPOTT, each person who has installed SPOTT on his mobile device (the “SPOTT User”) confirms to be bound by these General Terms and Conditions and confirms to have received, read and understood these General Terms and Conditions and to have accepted their content. The SPOTT User is subject to these General Terms and Conditions each time he uses SPOTT. The SPOTT User must read these General Terms and Conditions and accept them by ticking the correct box before using SPOTT for the first time.
    3. If the SPOTT User does not agree with any provision of these General Terms and Conditions, he must refrain from downloading, installing, using or opening SPOTT.
  2. Definitions
    • General Terms and Conditions: the present general terms and conditions;
    • Appiness: Appiness BVBA, with its registered offices in Hertshage 10, 9300 Aalst, Belgium and registered in the Cross Bank Enterprises under number 0543.611.457 (Register of Legal Persons Dendermonde);
    • Services: the services offered by Appiness to the SPOTT User, as set out in article 3 of the General Terms and Conditions;
    • User Content: all content posted by SPOTT Users themselves, including their SPOTT profile, name and/or user name, profile photo, who they follow, by whom they are followed, their wish list as well as any feedback they give Appiness;
    • Personal Data: any information relating to an identified or identifiable natural person;
    • Privacy Act: the act of 8 December 1992 to protect privacy in respect of the processing of personal data and the royal decree of 13 February 2001 in implementation of the act of 8 December 1992 to protect privacy in respect of the processing of personal data;
    • Privacy Regulations: the privacy regulations setting out the duties and responsibilities of Appiness in relation to the Personal Data of SPOTT Users which are collected and processed by Appiness via SPOTT and as the Controller for the Processing, available in SPOTT under Privacy Regulations and on the Website;
    • SPOTT: the mobile application SPOTT, designed and managed by Appiness;
    • SPOTT.tv: the website SPOTT, designed and managed by Appiness;
    • Shared Spotts: Spotts produced by Spott shown on the Spott apps and websites, with sharing capabilities;
    • SPOTT media player: a video player allowing interaction with the content shown in that media player;
    • SPOTT User: each person who has installed SPOTT on his mobile device;
    • Applications of Third Parties: the applications, linked websites and services from Third Parties which are integrated in SPOTT to make information, content, advertising, products and/or services available to the SPOTT User;
    • The Controller: the natural person or the legal person, the actual association or public board who/which, solely or in conjunction with others, determines the purpose and the means for the Processing of Personal Data;
    • Processing, Processed: any operation or set of operations which is performed on Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination as well as blocking, erasure or destruction of Personal Data.
    • Website: the SPOTT website of Appiness: www.spott.tv.
  3. Services
  4. SPOTT offers the SPOTT User the ability to consult information in an interactive manner relating to particular films, series, television programmes, television personalities and advertisement during or as a result of watching television. This information is extracted by Appiness by means of visual algorithms. The SPOTT User can view, flick through and, if desired, purchase related products and services online via SPOTT-linked websites of third parties. In addition, the SPOTT User can subscribe to content, actors or brands. On the basis of these subscriptions, the SPOTT User will be presented with an adjusted feed. This feed can show promotions which are based on the preferences of the SPOTT User. These services (the “Services”) are offered by Appiness to the SPOTT User via SPOTT.

  5. Liability
    1. SPOTT has been compiled with the greatest possible care. However, Appiness cannot guarantee that SPOTT and the information acquired via SPOTT is error free, accurate or complete.
    2. Appiness is in any event not liable for:
      1. any damage to or change in the equipment of the SPOTT User, including (but not limited to) the mobile device as a result of the installation, upgrade, update or use of SPOTT;
      2. the temporary unavailability, suspension, interruption or delay of all or certain Services of SPOTT;
      3. any loss as a result of any difficulty or inability to download or gain access to SPOTT content or as a result of any other telecommunication system error which leads to SPOTT not being available;
      4. any loss as a result of the unavailability of the Applications of Third Parties integrated in SPOTT as referred to in article 5, or as a result of the incorrectness, incompleteness or the inaccuracy of the information provided by third parties, nor can such external information give rise to any obligation on the part of Appiness;
      5. any direct or indirect loss as a result of, or relating to, the (poor) operation of the mobile device of the SPOTT User or of the telecommunication services or software or hardware of a third party;
      6. any indirect loss, including loss of profit, direct trading loss, loss of credit balances, loss of clients, loss of a chance to purchase a product or service via SPOTT (whether or not for a specific price), loss of contracts, loss of goodwill, loss of data, claims of third parties, or any consequential loss or indirect loss or losses irrespective of whether or not they were contractual, non-contractual, foreseeable, known, foreseen or of any other nature.
    3. The provisions of this article do not limit Appiness’ liability for its own intentional error or fraud.
  6. Applications of Third Parties
    1. SPOTT integrates applications, linked websites and services of third parties to make information, content, advertising, products and/or services available to the SPOTT User (“Applications of Third Parties”).
    2. Appiness does not exercise any form of control over the Applications of Third Parties and therefore does not give any guarantees relating to the information which is provided via the Applications of Third Parties. From the moment the SPOTT User consults or uses Applications of Third Parties, the SPOTT User is no longer in the SPOTT environment and Appiness does not give any guarantees nor bear any responsibility or liability, regardless of the transaction which were to take place between the SPOTT User and the third party. Appiness rejects all liability for any loss which could be caused to the SPOTT User by the consultation or use of Applications of Third Parties, whatever the nature, extent, cause or the consequences of this loss might be.
    3. SPOTT may state prices for certain products or services which are offered via Applications of Third Parties. These prices are purely indicative and do not form a binding offer by Appiness, as Appiness only reflects prices of third parties. It is the exclusive responsibility of the SPOTT User to verify whether the prices indicated in SPOTT correspond with the prices which are charged by third parties. Appiness does not bear any liability if it were to appear that the indicated prices do not correspond with the prices charged by the relevant third parties and the stated prices cannot give rise to any obligation by Appiness towards the SPOTT User or third parties.
    4. SPOTT may state information (sizes, availability, characteristics for example) in respect of certain products or services which are offered via Applications of Third Parties. Appiness does not bear any liability if it were to appear that this information does not correspond with reality nor does this give rise to any obligation by Appiness towards the SPOTT User or third parties.
    5. The consultation of, or use by, the SPOTT User of Applications of Third Parties may possibly be governed by separate general terms and conditions, a separate privacy policy and other agreements with third parties. Appiness advises the SPOTT User to read these documents carefully in order to understand how these parties collect and Process Personal Data. The only action the SPOTT User may take towards Appiness in respect of whatever problem or dissatisfaction with Applications of Third Parties or their content is to uninstall SPOTT from his mobile device or to cease the use of such Applications of Third Parties.
  7. User Content
    1. The SPOTT User acknowledges that he has the right to post User Content and that such User Content, or the use of such by Appiness, does not constitute a breach of any agreement, legislation or intellectual property rights or any other rights of third parties.
    2. Appiness can always check, verify, adjust, block or remove User Content but is under no obligation to do so. The SPOTT User is solely responsible for the posted User Content and Appiness cannot be held responsible for this in any way.
    3. When the SPOTT User gives feedback to Appiness, he acknowledges that this feedback is not confidential. The SPOTT User gives Appiness the right to use this feedback without any restrictions and without payment and to pass it on to third parties.
    4. The SPOTT User grants Appiness a continuous, non-exclusive, transferable, free and irrevocable licence to use the User Content either wholly or in part or to reproduce, make it available to the public, publish, translate, change, make derived works from and share it in any medium.
  8. Intellectual property rights and licences
    1. SPOTT was developed by, and remains the property of, Appiness. The SPOTT User is hereby granted a limited, non-exclusive, non-transferable, free and revocable licence to use SPOTT for his personal, non-commercial benefit in accordance with these General Terms and Conditions.
    2. All copyrights, database rights and software rights vested in all material included in, on, or available via SPOTT, including all information, data, text, music, sound, photos, graphics and video messages and all source codes, software compilations and other materials, are the exclusive property of Appiness or its licensors.
    3. The underlying screen and video imaginary on Spott may not be copied and is not for sale or resale, but appears solely for referential purposes in identifying various consumer products and providing SPOTT users the service of giving information about sellers or resellers of products tagged in the images as a service provided at no charge.
    4. All trade marks, service marks, names, signs and logos of Appiness included in or on SPOTT are the exclusive property of Appiness.
    5. All rights and licences granted to the SPOTT User under these General Terms and Conditions are immediately terminated if the SPOTT User acts in conflict with these General Terms and Conditions.
  9. Conditions of use
    1. The SPOTT User acknowledges and accepts that his use of SPOTT must at all times be in accordance with these General Terms and Conditions and the applicable legislation and regulations in order to be allowed to download and use SPOTT. The SPOTT User shall not permit a third party to use SPOTT for any unlawful purpose or activity.
    2. SPOTT is only intended for the personal use of the SPOTT User. All commercial use of SPOTT is prohibited.
    3. Subject to any express stipulations to the contrary in these General Terms and Conditions or the law, the SPOTT User, or a third party acting on the account of the SPOTT User, is not permitted to:
      1. copy, replicate, change, compile, translate, distribute, sell, rent, record or transfer SPOTT, or any part of it, either wholly or in part;
      2. dismantle, analyze, subject to reverse engineering, separate, turn off SPOTT or any part of it, either wholly or in part, or analyze the source code of SPOTT;
      3. add SPOTT or any part of it, either wholly or in part, to any other program or derived works based on SPOTT or create any part of such;
      4. use SPOTT or any part of it, or any confidential information in relation to it, to create software which is functionally equivalent to SPOTT or any part of it;
      5. circumvent the technology used by Appiness, its licensors or any other third party whatsoever, to protect SPOTT or any part of it;
      6. remove, make illegible, or change any notification in respect of property rights (including notifications in respect of brands and copyrights) which have been affixed to SPOTT;
      7. breach the intellectual property rights in SPOTT, or any part of it, in any other way;
      8. use SPOTT in a manner which may lead to the incitement of, or facilitate the committing of, any unlawful or criminal activity, or which may cause damage or physical injury to a person.
  10. Operation of SPOTT
    1. Appiness guarantees that it shall act to the best of its ability when making SPOTT available to the SPOTT User. Appiness can however not guarantee that SPOTT will operate permanently, uninterrupted or error free. From time to time SPOTT may operate slowly or be unavailable or inaccurate as a result of different factors, including location, internet connection speed, technical reasons, maintenance or updates. SPOTT is available via the mobile device of the SPOTT User if it is within the range of a wireless network. The quality of SPOTT may vary in accordance with the mobile device.
    2. Appiness however reserves the right, at any moment and from time to time, to temporarily interrupt, limit, change or stop SPOTT (or any part of it) if this is required for technical reasons, maintenance or updates.
    3. Appiness cannot guarantee that the software used in, or given in licence in connection with, SPOTT is compatible with any software of third parties. Appiness also cannot guarantee that the operation of SPOTT and the associated software shall not cause damage to the mobile device of the SPOTT User or shall not affect the operation of other software or hardware on the mobile device of the SPOTT User.
  11. System requirements
    1. In order to be able to use SPOTT, the SPOTT User must have a compatible mobile device, which meets all applicable system requirements, including a microphone, as well as have access to the internet.
    2. The SPOTT User may be obliged to update the operating system of his mobile device if the system requirements supported by SPOTT change.
    3. The network provider of the SPOTT User may charge the SPOTT User for access to the internet via his mobile device for the use of SPOTT. Appiness is not responsible or liable for any telephone or other charges invoiced to the SPOTT User as a result of the use of SPOTT.
  12. Privacy
    1. Personal Data protection is very important to Appiness. Appiness respects the privacy of the SPOTT Users and assures that their Personal Data is Processed in accordance with the applicable legislation, in particular the Privacy Act.
    2. Further information relating to the Processing of the Personal Data of the SPOTT User can be found in the Privacy Regulations, which are available in SPOTT and on the website. The Privacy Regulations describe which information is collected and Processed, the purposes of the Processing, with whom Personal Data may be shared and the choices the SPOTT User can make regarding the use of his Personal Data by Appiness. It also sets out the measures which are taken to assure the security of the Personal Data and how the SPOTT User can contact Appiness to exercise his rights in relation to access, correction and objection.
  13. Termination
    1. Appiness reserves the right to suspend the access of the SPOTT User to SPOTT if:
      1. the SPOTT User does not use SPOTT in accordance with these General Terms and Conditions;
      2. Appiness has knowledge of facts which seriously damage confidence in the SPOTT User;
      3. there is a risk of abuse or fraud.
    2. Appiness may terminate the use of SPOTT at any time provided notification of the termination is given to the SPOTT User one (1) month before the date of termination via SPOTT or by email, letter or any other durable medium. The SPOTT User can terminate the use of SPOTT at any time for free by uninstalling SPOTT from his mobile device.
    3. Appiness can terminate the use of SPOTT with immediate effect if (i) the SPOTT User fails to observe any material provision of these General Terms and Conditions or (ii) Appiness has knowledge of facts which seriously damage confidence in the SPOTT User.
    4. These General Terms and Conditions, including all rights and licenses granted to the SPOTT User under these General Terms and Conditions or, if applicable, after the end of the notice period, end through the termination of the use of SPOTT, to the exclusion of articles 4, 7 and 14 of these General Terms and Conditions.
  14. Changes and additions of new Services
    1. Appiness continuously changes and improves the Services, SPOTT itself and the content of SPOTT. Appiness therefore reserves the right to amend these General Terms and Conditions from time to time. Appiness also reserves the right to add Services.
    2. Appiness shall notify any amendment to the General Terms and Conditions by means of the posting of a notification in the SPOTT Newsletter, before the amended General Terms and Conditions come into force and shall state the date on which they were last amended at the top of the General Terms and Conditions. The amended General Terms and Conditions are deemed to be available for the SPOTT User on the date on which they are made available in SPOTT. The SPOTT User shall be deemed to have accepted the amended General Terms and Conditions if he has ticked the corresponding box and continues to use SPOTT. The SPOTT User can also opt to uninstall SPOTT if he does not agree with the amended General Terms and Conditions.
  15. Applicable law and competent courts
    1. These General Terms and Conditions are governed by, and interpreted in accordance with, Belgian law.
    2. Any disputes relating to, or arising from, these General Terms and Conditions fall under the exclusive jurisdiction of the Belgian courts of assizes and courts.
  16. Complete agreement
  17. These General Terms and Conditions, together with the documents to which they refer and in particular the Privacy Regulations, form the complete binding agreement between the SPOTT User and Appiness in relation to the use of SPOTT and the Services.

  18. Divisibility
  19. In the event any provision in these General Terms and Conditions were to be invalid, unlawful or unenforceable, all parties shall be liberated from their rights and obligations under such provision to the extent that such provision is invalid, unlawful or unenforceable and on condition that such provision shall be amended insofar as required to make the provision valid, lawful and enforceable, provided with the retention of the intention of the parties. All other provisions of these General Terms and Conditions shall be deemed to be valid and enforceable unless otherwise agreed.

  20. Transfer
  21. The SPOTT User may not transfer his rights and obligations under these Privacy Regulations to a third party.

  22. No waiver
  23. No abstention and no mere failure of Appiness to carry out or enforce its rights under these Privacy Regulations shall be deemed to be a waiver of such, unless acknowledged and confirmed in writing by Appiness.

  24. Helpdesk
  25. In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact our helpdesk.

    Also for other questions, comments or complaints relating to SPOTT or the Services, the SPOTT User can contact the Appiness helpdesk:

    Any complaints are handled by Appiness as appropriately and quickly as possible. If a SPOTT User is of the view that his complaint has not led to a satisfactory result, he can contact: