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Terms & Conditions

Terms & Conditions

​Terms of service and privacy policy Chestnote

RECENT CHANGES: 21th of December 2016 → Chestnote BVBA has reformed to Chestnote NV. The Terms of service and privacy policy have been adapted to reflect this change.

These Terms (together with the documents referred to in them) (Terms) governs your terms of use on which basis you may access and make use of our website WWW.CHESTNOTE.COM (Chestnote Website) or our app (Chestnote App) or our web app (Chestnote Web App), (together Chestnote) whether as a guest or a registered user. Use of Chestnote includes accessing, browsing or registering to use Chestnote. In these Terms reference to “us”, “our” or “we” refers to Chestnote NV, which has its registered office at Lange Kroonstraat 12, 2530 Boechout (Belgium), and is registered at the Crossroad Bank of Undertakings (KBO) in Belgium with nr. 0633.959.831 (Chestnote NV). Our main trading address is Lange Kroonstraat 12, 2530 Boechout (Belgium). We are a limited liability company. References to “you” or “your” in these Terms refer to you as the guest or registered user of Chestnote.

By completing the electronic acceptance process on any electronic platform where Chestnote is accessible, or by clicking any type of “submit”, “register”, “connect” or “accept” button, or by using Chestnote without objecting to the content of the Terms you (and any party or entity on behalf of which you are operating), represent and warrant that (a) you are entering into a legally binding agreement with Chestnote NV governed by the Terms , (b) you are above the age of 12, (c) you shall abide by all the covenants and conditions in the Terms including the disclaimer of warranty and the limitations of liability sections (see section 6.1 below), (d) your relationship with us and your use of the Chestnote Website or Chestnote App shall not be governed by additional or other terms and conditions other than the Terms (including any amendments or additions to the Terms). It is your responsibility to ensure that your use of Chestnote complies with international law, the laws of the jurisdiction in which you are domiciled, or from which you are accessing Chestnote (as applicable) and with any local laws and regulations which may apply and we accept no liability whatsoever in this regard.

1. ACCESS TO AND USE OF THE SERVICES

1.1. Applicable Terms

Chestnote NV respects all of its users’ privacy and intellectual property rights and expects that you will respect the privacy and intellectual property rights of others. Please read these Terms carefully before using Chestnote, as they will apply to and govern your use of Chestnote. By accessing, using, purchasing or downloading Chestnote, including any and all related products, services or software, particularly those required to support the functionality of Chestnote, you confirm that you accept the Terms and agree to be bound by them. The Terms include, without limitation, the Privacy Policy (see section 3 below) and the Acceptable Use Policy, (see section 1.3 below), which form an integral part of your agreement with us under the Terms.

The Terms may be amended without notice and additional terms may be incorporated from time to time. Whilst we will make reasonable efforts to clearly reference any changes to the Terms, it is your responsibility to check the Terms from time to time to look for any changes. Your continued use of Chestnote, and any and all related products, services or software will be considered to be your acceptance of any additions or amendments to the Terms.

1.2. License Grant

We hereby grant you a non-exclusive, worldwide, non-transferable, right and licence to access and use Chestnote and the related software for a limited term of one year which shall automatically be renewed unless this licence grant is terminated by us for any reason whatsoever. Chestnote is provided to you on the basis of a licence grant, and we are not transferring to you any right, title, interest or ownership in and to any element of Chestnote or the related software, other than as expressly set forth in the Terms.

Chestnote and the related software are made available to you under this licence grant and subject to the disclaimer of warranty and limitations of liability set forth hereunder. Your use of Chestnote is entirely at your own risk.

Chestnote App is made available for download only, and solely for use on devices and through the operating systems that are approved by us. You may make use of the Chestnote App for non-commercial or for professional purposes, but you are not allowed to reproduce, communicate to the public, make available, distribute, sell, rent, lend, or otherwise dispose of, the Chestnote App, nor the related software, otherwise than as expressly authorised under the Terms. You acknowledge that Chestnote and the related software are proprietary to us, are protected by intellectual property rights and contain information, know-how or trade secrets that are confidential information and proprietary to us and are commercially valuable to us. The licence granted to you under the Terms is strictly personal and you shall not transfer it to any third party. You shall not grant any security interest or transfer or pledge any rights in and to Chestnote or the related software. All rights not expressly granted under the Terms are strictly reserved to us.

We further grant you the right to receive any standard updates and support that is provided to all users of Chestnote on a general basis.

We reserve the right to charge a fee or financial amount for the use of Chestnote or the related software under either the licence or the provision of maintenance or support services, or for personalised versions of Chestnote, subject to your agreement and under such additional terms as may be agreed with you.

1.3. End User Conduct

Your access to and use of Chestnote is subject to your abiding by the rules regarding the conduct of all users, as set forth in this section 1.3 and in the Acceptable Use Policy (below), without prejudice to any applicable laws or regulations in force. You are solely responsible for any use that you make of Chestnote and the related software, including all content on and from the devices you use to run Chestnote and the related software, as well as any transmissions or communications you make or receive when using Chestnote. You agree that you are responsible for any act or omissions of you, and any third party whom you allow to access to, or to make use of, your account. Without any limitation, your use of Chestnote is subject to regulations governing privacy and personal data, export controls, consumer protection, unfair competition, intellectual property rights, anti-discrimination, false or misleading advertising, etc.

ACCEPTABLE USE POLICY

In addition to abiding by all applicable laws and regulations, you represent and warrant to us that you shall not:
use Chestnote to post or disseminate in any way any type of content, software or data that is or could be harmful or detrimental to us or to others;
use Chestnote for any illegal purposes;
post content or post links to anything that could be considered sexually explicit or pornographic, or presents children in a sexual way or promotes adult sexual services;
use Chestnote to interfere with or disrupt any other networks connected to Chestnote;
infringe any third party’s intellectual property or industrial property rights, such as copyright or trade marks, whether registered or unregistered and subsisting anywhere in the world, or disseminate trade secrets or confidential information, or infringe any other proprietary rights or rights of publicity or privacy or personal data rights;

use Chestnote to post or disseminate any content or material of any type or nature that is or in our reasonable opinion constitutes hate speech, unlawful, harassing, libellous, defamatory, racist, obscene, indecent or inappropriate, abusive, violent, threatening, offensive or otherwise objectionable material;

promote violence, terrorism, terrorist activity or appear to create a risk of physical threat or harm, property damage or threaten public safety;

suggest that you are endorsed, supported, affiliated or connected to, or licensed by us;

post links to competitions, promotions or promotional events;

collect, retain supply, cache, or store personal or financial data relating to other Chestnote users;

post content or post links to anything fraudulent, deceptive, or deliberating misleading, or is or could consider to be confusing or contains content or information that, in our reasonable opinion, appears to be illegal;

attempt to use affiliate or redirect links in order to bypass or redirect traffic from the Chestnote Website to another website;

try to reproduce, reverse engineer, decompile, disassemble, copy, replicate or otherwise interfere with any of our software, source or object code (whether for Chestnote Website or Chestnote App), including copying the look, feel and functionality of the Chestnote Website. If you incorporate any of the Chestnote App or Chestnote Website or any underlying source or object code into another program or app, that program or app will become our property and you agree to assign whatever proprietary rights you have in such program or app immediately to us by way of future assignment of present rights;

use meta tags, cookies, hidden data, text or metadata with any of our trade marks, logos, URLs or the ‘Chestnote name’ without our express written permission;

interfere with any Chestnote user or third party website linked to Chestnote, or interfere with our host, server, domain name or network, for example through denial of service attacks, spamming, sending a worm, virus or Trojan, over-loading or mail-bombing Chestnote; or

do anything that can be considered a violation of any law, statute or regulation in the applicable jurisdiction where you are based or where you choose to access and use Chestnote.

Rights and Remedies

You shall take all necessary action to prevent any content contrary to, or incompatible with this Acceptable Use Policy, from being routed to, passed through, or stored on Chestnote. To the extent we become aware of any content or activities that we deem, in our sole discretion, to be in violation of this Acceptable Use Policy, we may immediately block access to such content, suspend or terminate your account and remove any link or content we deem in violation of the Acceptable Use Policy, or take any other action we deem appropriate. We may determine in our sole discretion, whether any content or action violates this Acceptable Use Policy. We reserve the right to terminate or suspend access to Chestnote if the continued provision of it would violate law or otherwise harm any of the Chestnote Website or Chestnote App or the other users. We reserve the right to disclose to legal authorities the identity of the party that we believe is responsible for conduct contrary to this Acceptable Use Policy. You indemnify us against any and all damages, including reasonable attorneys’ fees, incurred by us in connection with a violation of this Acceptable Use Policy. We reserve the right to modify this Acceptable Use Policy from time to time, in our sole discretion. Any use of Chestnote after such modification shall constitute acceptance of such modification.

In no event shall any provision under these Terms have the effect of, or be construed as, creating any obligation upon us arising out of your Service Data. You remain solely and entirely liable and responsible, in every possible respect, notably towards all competent authorities and third parties, and shall support all consequences vis-à-vis these authorities, resulting from the posting and sharing or your Service Data. You are responsible for maintaining the confidentiality of your account data, Security Data and Service Data. You agree to use best efforts to cooperate with us in the defence of any demand, claim, action or suit. We reserve the right to assume the exclusive defence of any matter subject to indemnification by you at our own expense.

2. YOUR ACCOUNT AND YOUR DATA

2.1. Account Data

You agree to provide such contact and identity information as requested by us in the course of the registration process or thereafter. You represent and warrant that the account data you provide to us is true and accurate. We may verify the accuracy of the account data, including your age, as we deem appropriate. We may request that you provide further account data as reasonably necessary to verify your identity or your ability to make use of Chestnote. You shall maintain and update the account data to keep them complete, current and accurate. In the case of online purchases, the account data can include financial credit card data.

2.2. Service Data

Any information, data, files, content or materials of any type that are viewed, collected, transmitted, stored or shared when using Chestnote or the related software, are referred to as (Service Data). We do not own and do not claim ownership of the Service Data, and hereby expressly waive any liability in respect of the Service Data collected, posted, produced, shared or otherwise processed by you or other users of Chestnote. We do not select, test, approve, verify or otherwise monitor or moderate the Service Data. To the extent that the Service Data contain information or data emanating or coming from third parties, it is your sole responsibility to obtain consent from such third parties in the cases when this is necessary. We shall access or use the Service Data, including Personal Data, solely for the purposes of making Chestnote available to you or other authorised users. We shall further access and make use of the Service Data for the purposes that are described in the Privacy Policy and Cookie Policy (section 3 and Section 4 below). The Service Data you submit when using Chestnote are subject to a non-exclusive, assignable, sub-licensable, royalty-free, worldwide licence which you grant to us and whereby you allow us to copy, make available, publicly perform or display, distribute, adapt, and otherwise use, any such Service Data for the purposes of using Chestnote, without any further consent, notice and/or compensation to you or any third parties. This licence will terminate when you delete the same portion of the Service Data or when you close your account, provided that the Service Data published by or shared with third parties beforehand shall remain subject to this licence perpetually.

2.3. Personal Data

Personal data under these Terms are as defined in the Directive 1995/46/EC or the implementing national laws (in each case as amended or replaced from time to time) (Personal Data). Such Personal Data shall be processed in accordance with the Privacy Policy (section 3 below). Your consent to the Terms includes consent to the Privacy Policy and allow us to process and to retain your Personal Data in accordance with the Privacy Policy and for the purposes stated therein. The Privacy Policy, like the Terms, is accessible as a separate document on the Chestnote Website.

2.4. Passwords and Security Data

Security Data are any data associated with an account and aimed at verifying the identity of the user registering or accessing the account and integrity of the Service Data, such as, without limitation, a login, a phone number, password, address, security question, or other any type of information or data associated to you. If you choose or are provided with a user identification code, login, password or any other piece of information as part of our security procedures, this will constitute part of the Security Data and you must treat this as confidential. You must not disclose any user identification code, login, password or any other piece of information given to you as part of our security procedures to any third party. You shall protect the same against breach, loss, leak, theft or other misappropriation. You shall use the Security Data only for the purposes of accessing your account and using Chestnote in accordance with the Terms, and you shall refrain from selling, trading or otherwise transferring or making available your Security Data to any third party. You shall not use any third party’s Security Data and shall not let a third party use your Security Data. You are solely responsible for any and all activity that occurs or Service Data that is transmitted under your account. You shall keep your Security Data accurate and up to date. Except in case of gross or intentional negligence, we shall have no liability whatsoever in the event, notably and without limitation, of loss or damage or failure to receive information and resulting from a third party using your Security Data, either with or without your knowledge and consent. We do not maintain a database of users’ Security Data and exclude any responsibility for your failure to maintain the confidentiality of your Security Data. You shall immediately notify us at hello@Chestnote.com of any unauthorised use of your Security Data or your account, of any other suspected breach of security you become aware of, including if you believe that your Security Data or your account has been stolen or otherwise compromised.

3. PRIVACY POLICY

3.1. Data Controller

The legal entity responsible for the processing of your Personal Data is Chestnote NV, as further identified above and referred to in these Terms. This Privacy Policy sets out the conditions under which we shall process your Personal Data, with your consent hereto, as an integral part of the Terms. We are the data controller for the purposes of the Belgian Act of 8 December 1992 (in each case as amended or replaced from time to time) on the protection of private life with respect to the processing of personal data.

This Privacy Policy applies only to information submitted and collected online through the Chestnote Website and Chestnote App and does not apply to information that may be collected by Chestnote offline. By using and submitting personal information, you signify your assent to this Privacy Policy.

3.2. Information collected

The following information is collected and processed by us:

account data (as defined in section 2.1), this is identification information you provide us with, in order to create or register your account, this includes Personal Data (as defined in section 2.3);

Service Data (as defined in section 2.2), this is information or content posted, viewed, collected, transmitted or shared by you or other users of Chestnote, including metadata associated with such Service Data, including but not limited to the time and place of transmission and the duration of transmission;

Location data which defined as data processed in the electronic communications network or by an electronic communications service and indicating the geographical location of the device of an end-user using a publicly accessible electronic communications service (Location Data). The Location Data processed are the geographical data provided by the GPS system to identify the exact location of the end-user. You hereby consent to the processing of your Location Data for the purposes of using Chestnote, such as verifying your location when this is a condition for the transmission of a message. Location Data shall not be processed or retained for any longer than is necessary nor shall it be processed for other purposes than identified in section 3.3. You have the right to withdraw at any time your consent to the processing of Location Data. However, you must be aware that this may affect the correct provision and use of Chestnote and in particular the transmission of messages when the same are associated with a location-based condition;

Security Data (as defined in section 2.4), include user identification codes, login, security questions and password information for confidentiality and security purposes;

Cookies as defined in the Cookie Policy in section 4 below. We automatically collect certain types of usage information when you visit the Chestnote Website or download the Chestnote App.

3.3. Purposes of processing

We shall process your Personal Data solely for the purposes indicated in the Privacy Policy. The general purpose of Chestnote is to provide a cloud-based messaging service based on the principle of slow messaging and contextual delivery. In other words, the general purposes for which we shall process your Personal Data are to perform the services set out on the Chestnote Website or detailed on the Chestnote App. In addition to that, we shall process your Personal Data, including Service Data, for monitoring the use of Chestnote, for analysing the habits of the users, for designing additions or new functionalities which will enhance the use of Chestnote and for profiling and research purposes.

To the greatest extent possible, we shall process anonymised data, rather than Personal Data, when the goals of such processing can be achieved in the same way. Unless specifically authorised by us, you may not use any data or information available on Chestnote as a means of generating revenue through the sale of contact or of other information and to do so would constitute a material breach of these Terms, resulting in the immediate termination of your account by us

We may use your Personal Data to send you information about new features, products or services, or promotional material from our partners, or to contact you when necessary, unless you have instructed us otherwise. You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your Personal Data for such purposes. We may also use your Personal Data for editorial and feedback purposes, for a statistical analysis of users' behaviour, for product development, for content improvement, and to customize content and layout of Chestnote. Names, postal and e-mail addresses and phone numbers collected may be added to our databases and used for future calls and mailings regarding site updates, new products and services, upcoming events and the status of orders placed online. We do not sell or rent your Personal Data to third-parties for marketing purposes without your consent. We may share your Personal Data with Chestnote subsidiaries and related companies. Chestnote may share Personal Data with business partners that assist Chestnote in providing you with products & services.

Personal Data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or one of our suppliers. Such staff maybe engaged in, among other things the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy.

3.4. Sensitive Data

Some Personal Data which you choose to submit when using Chestnote, may, or is likely to, reveal your or other people’s gender, ethnic origin, nationality, religion, philosophical belief, sexual orientations, or other sensitive information. You agree that you are providing all such information in full acknowledgement of the sensitive nature thereof and under your sole responsibility. By posting sensitive information related to you, which is optional and not required to use Chestnote, you hereby expressly give your informed consent to the processing of such data in accordance with this Privacy Policy.

3.6. How do we share information with third parties?

The Service Data transmitted to other users of Chestnote with your consent, may be used by those third parties for their own purposes. You decide whether you want to share Service Data, which Service Data and with whom other users, by making use of the facilities or settings provided as part of Chestnote, and your choices express your consent for sharing that information in such a way. You shall also respect the choices made by other users as to the Service Data they decide to share or not. We shall not share your account, Service or Security Data, nor any other Personal Data related to you, to any third party, without obtaining your express consent beforehand, except where this is required by order of a court of competent jurisdiction, by law enforcement authorities or agencies for the prevention of crime and to uphold public safety. In such event no liability will attach to us for such disclosure.

3.7. Children

We do not allow people under the age of 12 to create an account, or to use Chestnote. If you are under 12 years old, please immediately remove any information related to you that you transmitted to us and delete your account. If you are between 12 and 18 years old, you must ask your parent or guardian for authorisation before registering with Chestnote, or sending any information about yourself over the internet. Don’t lie or misrepresent your age, and avoid re-registering with a different age after being previously rejected due to age restrictions. We advise you not to accept contact requests from profile holders you don’t know, and we encourage you to put your privacy settings to the highest possible level to restrict access to your profile information. Don’t accept face-to-face meetings or appointments with people you have not met in real life. We do not knowingly solicit or collect personal information from children under the age of 12. If you believe that we might have collected information from a child under 12, please contact us at hello@chestnote.com. We accept no liability or responsibility for users under the age of 18 or those who use Chestnote in breach of the Terms and contrary to this provision.

3.9. Opting out

If you want us to remove your Personal Data, close your account or remove any other information pertaining to you from our mailing list or records or would like to access information that was collected, please contact us at hello@Chestnote.com.

3.10 Security

We maintain commercially reasonable safeguards that ensure the security, integrity, and privacy of the Personal Data we collect and store about our account holders. Personal Data collected by Chestnote is stored in secure operating environments that are not available to the public and that are only accessible by authorised employees. In addition Chestnote Website uses industry-standard encryption to prevent unauthorised electronic access to sensitive financial information such as your credit card number. We take reasonable steps to ensure that third parties to whom we transfer personal information provide sufficient protection for such data.. However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that it will not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you are directed to from Chestnote such as social networks. We have no responsibility for the functionality or security measures of any third party and you are recommend to read their privacy policies before using their websites. If any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those users whose Personal Data may have been compromised and take other steps, in accordance with any applicable laws and regulations.

3.10. Contact us

If you have any questions, complaints, or comments regarding this Privacy Policy or our information collection practices, please contact our Privacy Policy Administrator through one of the following ways:

Email: Hello@Chestnote.com

Mail: Lange Kroonstraat 12, 2530 Boechout

4. COOKIE POLICY

4.1. We use cookies to distinguish you from other users of Chestnote. This helps us to provide you with an optimal experience when you use Chestnote and also allows us to continually improve Chestnote, to make it better.

When you visit the Chestnote Website or use the Chestnote App, we may send one or more cookies — a small text file containing a string of alphanumeric characters to your computer or other device. These are widely used to identify your browser and lets us help you log in faster and enhance your navigation through the Chestnote Website or Chestnote App. A cookie may also convey information to us about how you use Chestnote (e.g. the pages you view, the links you click, how frequently you access Chestnote, and other actions you take).

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of Chestnote. They include, for example, cookies that enable you to log into secure areas of Chestnote.

Analytical/performance cookies. They allow us to recognise and count the number of users and to see how users move around Chestnote when they are using it. This helps us to improve the way Chestnote works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to Chestnote. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies. These cookies record your visit to Chestnote, the pages you have visited and the links you have followed. We use this information to make Chestnote and the advertising, including offers or promotions displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie

Name

Purpose

More information

1

Session cookie

Track and analyse user behaviour

Removes itself after user session is finished.

2

Persistence cookie

Track and analyse user behaviour

Stored locally and re-addressed during future sessions.


Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Chestnote.

5. COPYRIGHT POLICY

You are solely responsible for the content that you upload to Chestnote.  We respect the intellectual property rights of others and expect you to do the same. We respond to notices of alleged copyright or other intellectual property infringement by investigating them. If, in our opinion, content you have uploaded infringes any third party intellectual property right, we may at our sole discretion, immediately and without prior notice, remove such content, disable or terminate your account.

If you are the owner of any other intellectual property, or authorised to act on behalf of the owner, you can report to us alleged infringements taking place on or through Chestnote (Notice), at the following address:

E-mail: hello@Chestnote.com
Post: Lange Kroonstraat 12, 2530 Boechout, Belgium

Please include the following information in the Notice; without this we will not be able to investigate your claim:

identify the material that you claim has been infringed;

identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Identify (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link;

provide your contact information, including postal address, telephone number, and email address;

include both of the following statements in the Notice:

"I declare that the information I have provided is accurate to the best of my knowledge and belief. I provide this Notice in good faith, in the belief that the disputed use of the material or reference or link to such material is not authorised by the [identify intellectual property] owner, its agent, or the law."


"I declare that under the penalty of perjury, I am the owner, or authorised to act on behalf of the owner, of the [state the intellectual property] or of an exclusive right under the [state the intellectual property] that is allegedly infringed."

give your full legal name and your electronic or physical signature;

If the work you identified is an image, you can request that Chestnote remove all copies of the image identified in your Notice by stating this at the beginning of your email. Please provide a copy of the image in JPEG, TIF or PNG format.  Please note that only identical copies of the image file can be removed.  If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function.

6. GENERAL TERMS

6.1. Disclaimer of Warranties and Limitations of Damages and Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Chestnote or any content or links on it, whether express or implied. We will not be liable to any user for loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

Use of or inability to use Chestnote; or

Use or reliance on any content, service, link or product displayed or provided by Chestnote.
If you are a business user, please note that in particular, we will not be liable (subject, as set out above in this section 6.1) for:

loss of profits, sales, business or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss.

In no event shall our total aggregate liability for all claims relating to the access or use of Chestnote exceed €100 (subject as set out above in this section 6.1).

We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer, computer programs, data, device or other proprietary material due to your use of Chestnote, or to your downloading of the Chestnote App or any content on it or any website linked to it. We will not be liable for any downtime due to maintenance of Chestnote, upgrades, fixes, enhancements or correction of errors, or problems with our host, domain or server. Your use of Chestnote is entirely at your own risk.

Chestnote will contain links to third-party websites, advertisers, services, promotions, special offers, competitions, or other events or activities that are outside our control or ownership. We do not endorse, or assume any responsibility for the content, information, materials, products or services of websites linked to Chestnote. We will not be liable for any loss of damage that may arise from your use of them.

All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law (1) are the essence of the agreement of the parties, and (2) survive any termination, expiration or rescission of these Terms.

6.2. Termination of the Agreement

We may terminate this agreement or suspend your account at any time, in our sole discretion, or restrict your usage rights under the Terms, for our own convenience, without having to pay any damage or compensation to you. We shall make reasonable endeavours to inform you in advance of its decision to discontinue Chestnote, but cannot be held responsible for its failure to provide you with a backup copy of your Service Data.

6.3. Company Website

All or part of Chestnote, related services and related software, source and object code platform and tools including, without limitation, any graphic or literary elements thereof (be it logos, trademarks or trade names, pictures, photographs, designs, texts, video or audio files, etc.), any database, any software, computer program, routines, scripts, applets, or any directories or files of whatever nature, necessary for the processing or the use of Chestnote and any copyright or design right subsisting in them are and shall remain protected by intellectual property rights and personality rights owned by or licensed to us. We are not responsible and do not endorse any advertising, products or other materials coming from third party websites, even when offering of making available links to those websites through Chestnote or on the Chestnote Website. Chestnote may include texts, pictures, sound, videos, information, applications, software, platforms and other contents or items originating from third parties. If you decide to access third party websites or platforms, or to use, download or install third party content, software or applications, you do so at your own risk and you should be aware that these Terms are not applicable to them.

6.4. Entire Agreement and Severability

These Terms together with the Privacy Policy, Acceptable Use Policy, Copyright Policy, Cookie Policy and any other documents referred within and any amendments made to them in accordance with these Terms constitute the entire agreement between you and us in connection with Chestnote. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unlawful, then that provision will be deemed severed from the Terms and will not affect the validity of the remainder of the Terms which shall continue in full force and effect. Nothing in the Terms shall operate to limit or exclude any liability for fraud.

6.5 Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflict of law. You agree that any dispute concerning the validity, the interpretation, the performance or the termination of the Agreement, shall be submitted to the exclusive jurisdiction of the commercial courts of Antwerp, Belgium, except that nothing in this section 6.5 will prevent you or us seeking injunctive relief in any other appropriate jurisdiction.

6.6. Advertising references

We have the right to identify you as a user of Chestnote. You agree that we may use any logo and/or name associated with you on Chestnote and other materials in order to identify you as a user of Chestnote. To the extent that this section 6.6 applies to Personal Data, the provisions of the Privacy Policy shall also apply.

6.7. Assignment

We shall be free to assign or transfer this agreement as a whole or any of its rights and obligations under these Terms whether to its affiliates or to third parties, in the form and under such structure we deem appropriate, without restriction.

Thank you for using Chestnote.