Terms of use - Mobile app

Last revision: 27-05-2020 

IMAGINE RUN BV (or: EROUTES) is the provider of the “eRoutes” App (“App”).
“eRoutes” projects the distance and difficulty level of a random run into the surroundings and the landscape where you are at that moment. Subsequently “eRoutes” generates a route which will always return to the starting point. “eRoutes” is a community without geographical borders and therefore a movement with a worldwide impact.

1. Definitions

1.1 Subscription: the (free) subscription is required for the use of the App.
1.2. App: EROUTES app.
1.3. User: the natural person who uses the App in any way.
1.4. Terms of use: these terms of use..

2. Applicability

2.1. These Terms of Use are applicable to (the use of) the App and the services and subscription provided therewith.
2.2. Besides this, the Terms of Use are also applicable to all information, data, pictures, video- and sound fragments or other content which is provided, read or in any way spread for the purpose of/by means of/from/in the App.
2.3. By the use of the App (which also includes the downloading and installation thereof) the User accepts these Terms of Use.
2.4. These Terms of Use are explicitly applicable regardless of any possible (prior) reference by the User to his own or to other terms of use. EROUTES explicitly rejects any possible terms of use declared applicable by the User.
2.5. Before the App can be used the User separately has to take note of the Privacy Statement and subsequently has to accept this statement.
2.6. The Privacy Statement and the Terms of Use can be consulted, downloaded, saved and printed via www.eRoutes.com
2.7. Where the App uses the services of a third party or of third parties, the general terms and the privacy- and/or cookie policy of such parties are also applicable.
EROUTES is not responsible for the services, the general terms and the privacy- and cookie policy of third parties.
2.8. In case via the App possible available additional services are purchased and/or in case there is participation in possible offered (promotional) actions, additional terms may apply. In case and in as far as these additional terms are contradictory to the Terms of Use, these additional terms prevail.

3. Use

3.1. The User can download the App free of charge via www.eroutes.com, Google Android Market and App Store.
3.2. After the User has downloaded the App, the User has to register via the App.
To the processing of personal information via the App, the Privacy- and Cookie Policies of EROUTES apply.
3.3. In case the User has not reached the age of 16, the User needs permission of his parent(s) or his legal guardian(s) to use the App. By accepting these Terms of Use, the User guarantees that he is 16 years of age or has the permission of his parent(s) or his legal guardian(s).
3.4. In order to use the App, the User has to take care of the necessary equipment, system software and (Internet)connection at his own expense.
3.5. The responsibility for a responsible use of the App lies with the User. In case of doubt about the physical health EROUTES advises to consult a doctor before the App is used. He or she can give advice about an exercise plan which fits the current condition of the User. Important: Users of 40 years and older with a history of stroke or a heart condition (in the family) or with other medical conditions or health issues, need to consult a doctor for exercise advice.
3.6. By activating the App with the user name and a password, the User explicitly agrees with the execution of the agreement by EROUTES in the sense of article 6:230p sub d -1 of the Civil Code. By factual participation in EROUTES the User unconditionally and completely waves his right of withdrawal in the sense of article 6:230p sub d -2 of the Civil Code.

4. Right of Use

4.1. By downloading the App the User acquires a non-exclusive, non-transferrable, personal and revocable right to non-commercial use of the App on a smart phone or on another portable device.
4.2. EROUTES does not offer technical support and can therefore not guarantee the flawless function of the App on the device.
4.3. The User is not allowed to distribute the app and/or to make it available to any third party in any way, shape or form, to connect it to any network which enables other devices to make use of the App, to disassemble, to decompile or to subject to reverse engineering.
4.4. The User is not allowed to use the App in an improper manner or in a manner which can be detrimental to EROUTES.
4.5. The User is also not allowed to remove or have removed or to bypass or have pypassed technical provisions meant to protect the App.
4.6. The User has to keep the password strictly confidential. In case a password has become known to a third party, the User has to immediately change the password or – in case he/she is not able anymore to log into his/her user account – to contact EROUTES via the website.

5. Termination of right of use

5.1. The User right applies indefinitely but the User can terminate the use of the App at any given moment by deleting the app from his/her mobile device or to
de-install the App
5.2. EROUTES has the right to – in writing and with immediate effect without being obliged to pay any compensation – terminate the User right, in case amongst others of abuse or unauthorised use of the App. At the moment the User right is terminated the User will no longer use the App and will delete the App from his/her mobile device.
5.3. At all times EROUTES has the right to adapt the App to change or to delete data, to limit the use of the App or to completely or partially, temporary or indefinitely deny the User access to the App.
5.4. EROUTES can make an upgrade for the App available. The upgrade then qualifies as the App in the sense of the Terms of Use.
5.5. The User has the obligation to take care of the fact that the use of the App and the subscription do not conflict with these Terms of Use, any legal stipulations or any rights of third parties. Besides that, during the use of the App the User will not in any way cause nuisance or damages or have nuisance or damages caused chargeable to EROUTES or to third parties, nor will the User use the App in such a way that the proper functioning of the services and/or the App are disturbed.
5.6. The use of the App is at the User’s own expense and risk.
5.7. EROUTES is not in any way liable for damages or injury resulting from the use of the App and the Services.
5.8. The User safeguards EROUTES for all and any possible claims by third parties as a result of the use of the App and/or the Services. The User will compensate all reasonable damages and costs (which includes but is not limited to (extra)judicial costs) suffered by EROUTES as a result of such claims.
5.9. In the App the User has the option to indicate whether his e-mail address and telephone number can be used by EROUTES and by other companies within EROUTES to approach the User with offers for similar products and/or services.
At all times but only via the App the User can withdraw his permission for this.
For more information regarding this we refer to the Privacy Policy.
5.10. Except in case of intent or gross negligence EROUTES is not liable for any damages in connection to temporary unavailability or to incorrect or to not complete availability of the App and the not (fully) functioning of the (mobile) connection of the User, EROUTES or third parties, which result in the fact that services cannot be (fully) provided.

6. Responsibility of EROUTES

6.1. All intellectual property rights and/or similar rights with regards to the (content of the) Services, the App, including the underlying software, pictures, video- and sound fragments rest solely and exclusively with EROUTES or with her licensors or with the manager of the App.
6.2. The App was developed with the greatest possible care. EROUTES can however not guarantee that the app will always be available or function without interruption, faults or flaws and that the information provided is always complete, correct or up-to-date. EROUTES strains to have a well-functioning app and to solve any possible problems as soon as possible.
6.3. Without prior warning EROUTES can temporarily or permanently put the App out of order for the User(s), without the User(s) being able to derive any rights from it.
6.4. EROUTES is not responsible for any damages occurring as a result of incompetent use of the subscription. The User makes use of the App and the Services at his own risk.
6.5. EROUTES is not responsible for damages occurring as a result of the User having chosen an unsuitable password for his user account or not having safely stored the password, or for damages caused by a third party, for whom the User has enabled access to the Services.

7. Amendments to these Terms of Use

7.1. EROUTES is entitled to from time to time unilaterally amend or supplement these Terms of Use, whereby the User will always be able to consult the most recent version via the App. The User of the App is advised to check the content of these terms of Use for amendments on a regular basis. Essential amendments made in these Terms of Use will also be followed by a clear notice, for example with a banner on this website or by notification via the App or by e-mail.
7.2. By continuation of the use of the App after the Terms of Use have been amended and/or the notification was made, the User accepts the applicability of the amended Terms of Use. All possible amendments of the Terms of Use will take effect within fourteen (14) days after publication thereof via the App, on the website www.eroutes.com or by e-mail, unless another term was explicitly stated.
7.3. In case the User does not accept the amendments in the Terms of Use, the User has to terminate the use of the App. As far as amendments in the Terms of Use lead to essential changes with regards to performances to be provided by EROUTES in accordance with the User agreement concluded between EROUTES and the User regarding the use of the App, the User is given the opportunity to terminate this User agreement by contacting www.eroutes.com

8. Final provisions

8.1. In case one or more of the conditions as mentioned in these Terms of Use are or become invalid, the validity of the other conditions is not affected.
8.2. To all and any disputes arising from and related to the App, the Services and/or Subscription only Dutch law applies. The Dutch court, with the exclusion of other (foreign) courts, is the competent court to take cognizance of a dispute.