Terms of Use of myGoodbye

This is a translation of the Dutch Terms of Use (Gebruiksvoorwaarden). In the event of any discrepancy between this English version and the Dutch version, the Dutch version shall prevail. These Terms of Use are governed by Dutch law.

To use the mobile application called "myGoodbye" (hereinafter referred to as: "App") and the web application (hereinafter referred to as: "Web Application"), the following conditions apply (hereinafter referred to as "Terms of Use"). The Application is provided by my Goodbye B.V., located at Zuid-Afrikaweg 12M in Aalsmeer (1432DA), registered with the Chamber of Commerce under registration number 87470187, hereinafter referred to as: "myGoodbye".

The Application enables Users (hereinafter: "Users") to organize and record their wishes regarding their farewell and inheritance via the Application. Via the Application it is possible, after the death of a User, to provide the Confidential Advisors designated by the User with information and access to the data of the deceased User.

And agree:

Article 1. Definitions

The capitalized terms in the terms of use have the following meaning.

1.1. Account: the User's personal account through which he or she gains access to the Services.

1.2. App: mobile application that provides the User with access to the use of the Service via the Website.

1.3. Application: the App and the Web Application jointly.

1.4. Service(s): providing a right of use of the Application (which allows the User to organize and record wishes regarding farewell and inheritance) and the additional services agreed in these Terms of Use.

1.5. User: any natural person who uses the Application.

1.6. Terms of Use: the present document.

1.7. Intellectual Property Rights: all intellectual property rights including including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.

1.8. Agreement: the agreement between myGoodbye and the User on the basis of which myGoodbye will deliver the Services to the User and of which the Terms of use form an integral part.

1.9. Party(s): myGoodbye and User together or separately.

1.10. Written: communication in writing, including communication by email or via the Account provided the identity of the sender and integrity of the content is sufficiently established.

1.11. Confidential Advisor: the natural person who is appointed by the User via the Application designated to process all data entered by the User in the Application received after the death of the User. A confidential counselor is only designated as such when they have accepted the role of confidential counselor by email to myGoodbye and have an Account in the Application.

1.12. Web application: the web application that the User provides access to via the Website the use of the Service.

1.13. Website: the myGoodbye website, accessible via the domain: www.mygoodbye.com, including associated subdomains.

Article 2. Access to the Services and Accounts

2.1. In order to use the Services, the User must be in possession of a device with which the User can access the Application. If the User wishes to use the myGoodbye App, the User can download it from the App Store or Google Play Store.

2.2. User gains access to the Application by creating an Account and to log in with it. It is the User's responsibility to always do this a strong password is chosen.

2.3. User can create an Account via the Application. An Account and the login details are strictly personal and may not be shared with anyone else person. User must keep the login details confidential.

2.4. If login details of an Account have been lost or leaked, the User will immediately take all measures that are reasonably necessary and desirable to prevent misuse of the Account. These measures may, for example, consist of changing the password. The User will also immediately report this to myGoodbye, so that additional measures can be taken to prevent misuse of the Account.

2.5. Upon creating an Account, the User receives a recovery key. Due to the encryption applied to the User's data, this recovery key is required to reset a password. Without this recovery key, it is not possible to recover the Account and the Account will need to be deleted and recreated. myGoodbye is unable to recover the Account, as myGoodbye does not have access to the User's data due to the encryption.

Article 3. Compensation for the Services and the Application

3.1. myGoodbye offers a paid license package in the form of a membership of twelve (12) euros per year. The User may try the Services free of charge during a trial period of fourteen (14) days. After the trial period, the User must purchase a paid membership in order to continue using the Services.

3.2. These Terms of Use apply to both the trial period and the paid membership.

3.3. The App is provided to the User free of charge via the App Store and/or Google Play Store. Use of the Services via the App requires a paid membership after the trial period of fourteen (14) days.

3.4. Fees for the Services will be paid in advance by automatic debit by the User, unless the Parties have agreed otherwise. All prices are in euros and include taxes.

3.5. The User guarantees that sufficient funds are available in his or her account at the time of the direct debit to pay the fee for the Services. Payments via direct debit are never reversed or stopped without consultation with and permission from myGoodbye.

3.6. In the case of an invoice, payments will be made within fourteen (14) days invoice date, unless otherwise agreed in writing.

3.7. If myGoodbye has not received payment after the due date as referred to in the previous paragraph, statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code (BW) will be charged on the outstanding amount, without prejudice to myGoodbye's other rights and remedies. Furthermore, the User is obliged to pay the judicial and extrajudicial collection costs as determined by law, including costs of lawyers, bailiffs and collection agencies.

3.8. If, after the expiry of the payment term, myGoodbye has not yet received (full) payment, the User is immediately in default, without any prior reminder, summons and/or notice of default being required. From the moment of default, the User owes statutory commercial interest, myGoodbye has the right to suspend access to the Application in whole or in part, and myGoodbye has the right to terminate the agreement.

Article 4. Use of the Services

4.1. The following use of the Services by the User is expressly not permitted:

• a. the use involving inappropriate, insulting, threatening, defamatory, hateful or otherwise unlawful content is used.
• b. storing (privacy-sensitive) data from third parties;
• c. infringing the rights of third parties, including but not limited to exclusively Intellectual Property Rights of third parties;
• d. use for purposes other than arranging the farewell and estate of User.
• e. any use that is contrary to laws and regulations.

4.2. If the User acts contrary to the provisions mentioned in the Terms of Use, myGoodbye reserves the right to take appropriate measures, including (temporarily) terminating the Service in any way and taking legal action against Users, such as recovering any damage caused by the violation.

Article 5. Access to data from the App

5.1. If this is part of the Agreement, the User can use the Application to make a or appoint multiple Confidential Advisors and prioritize them.

5.2. The User gives myGoodbye permission to provide the Confidential Advisors designated by the User, via email or the Application, with access to all data entered by the User in the Application.

5.3. myGoodbye provides the data referred to in the previous paragraph based on the priority of Confidential Advisors as indicated by the User in the Application. If the highest-priority Confidential Advisor has legal capacity, myGoodbye will only provide the information to that Confidential Advisor. If the highest-priority Confidential Advisor lacks legal capacity, the data will be provided to the next lower-priority Confidential Advisor who has legal capacity.

5.4. According to the ranking of Confidential Advisors as referred to in the previous paragraph, Confidential Advisors are granted access to a digital environment in which the full contents of the Account of the deceased User are displayed in a clear manner. The Confidential Advisor can view and download the data via this digital environment, including photos and videos. The Confidential Advisor must download the data within twelve (12) months after the death of the User. After this period, the Account data will be automatically deleted. myGoodbye is under no circumstances liable for damage resulting from the deletion of data after twelve (12) months.

5.5. myGoodbye aims to grant Confidential Advisors access to the digital environment as referred to in the previous paragraph within twelve (12) hours of receipt of proof of death of the User, according to the ranking referred to in the third paragraph of this article.

Article 6. Availability and maintenance

6.1. myGoodbye strives to keep the Application available as much as possible, but cannot guarantee uninterrupted availability.

6.2. myGoodbye has the right to temporarily disable the Application or parts thereof to use for maintenance (planned and unplanned), adjustment or improvement thereof.

6.3. If, in the opinion of myGoodbye, there is a danger to the functioning of the computer systems or the network of myGoodbye or third parties, for example in the In the event of a (d)dos attack or malware activities, myGoodbye has the right to take all measures it reasonably considers necessary to avert the danger and limit or prevent damage. This may result in limited availability.

6.4. myGoodbye may from time to time, in its sole discretion, modify the functionality of the Adjust services in order to improve the Services. This adjustment is also possible mean that certain functionalities may no longer apply.

6.5. myGoodbye will provide a reasonable level of support to the paying party User with regard to questions about the use and management of the Services, as well as technical issues related to the Services.

6.6. The support as described in the previous paragraph is offered via the e-mail email address: today@mygoodbye.com during normal office hours. myGoodbye strives to handle helpdesk requests within a reasonable time. The time required to resolve notifications may vary.

Article 7. App Updates

7.1. myGoodbye releases updates from time to time that may fix bugs or improve the functioning of the App.

7.2. Available updates for the App will be announced via notification the App Store and Google Play, where it is your responsibility to receive these notifications to keep up. The updates are also carried out via this platform, which requires a active internet connection.

7.3. The installation of updates will only take place with your separate prior consent. myGoodbye is dependent on the proper implementation of the updates availability of the App Store and Google Play, which myGoodbye does not have has control. myGoodbye is not responsible nor liable for a correct implementation of the updates. No liability exists for damage resulting from errors that were resolved in an update not installed by the User.

Article 8. Intellectual Property Rights

8.1. Nothing in these Terms of Use shall be construed as a transfer of Intellectual Property Rights from myGoodbye to User. All Intellectual Ownership rights in the Services remain the exclusive property of myGoodbye and/or its licensors, unless expressly stated otherwise herein Terms of Use or in an Agreement between the Parties.

8.2. myGoodbye hereby grants the User the right to use the Services, that is limited to the license package purchased by the User for the duration of the Agreement. All licenses granted by myGoodbye are non-exclusive, non-sublicensable and non-transferable.

8.3. Users have no rights to the source files of the Services, except for the cases where this is mandatory or myGoodbye in writing has given permission to Users.

8.4. User will not perform any actions that could infringe the Intellectual Property Rights of myGoodbye and/or its licensors.

8.5. Information that User stores or processes via the service is and remains your property (or that of your suppliers). myGoodbye hereby obtains a limited right of use to use this information for the Service, including for future aspects of that.

8.6. myGoodbye will not take note of any data that the User stores and/or distributes via the Application, unless this is necessary for good service or myGoodbye is obliged to do so by virtue of a legal provision or judicial decision command. In that case, myGoodbye will make every effort to take note of the data to limit as much as possible, as far as this is within his power.

Article 9. Liability

9.1. With regard to Users who are using the trial period, the liability of myGoodbye for damage or claims based on an attributable shortcoming in the fulfillment of the agreement, an unlawful act or any other any form of damage, completely excluded.

9.2. Liability applies to Users who purchase a paid license from myGoodbye for damage or other claims based on an attributable shortcoming in the performance of the agreement, an unlawful act or on any other basis, per event (involving a series of related events counts as one event) limited to the amounts (excluding VAT) that User owes myGoodbye over a period of twelve (12) months prior to the occurrence of the damage and up to a maximum of 250 euros per years.

9.3. If the damage, as referred to in the previous paragraph, occurs within twelve (12) months after the effective date of the Terms of Use, in deviation from the previous paragraph, applies myGoodbye's liability is limited to the amount (excluding VAT) that User is expected to owe during the first twelve (12) months from the effective date.

9.4. Any limitation or exclusion of liability agreed between the Parties does not apply if and insofar as (i) the damage is the result of intent or deliberate action recklessness of the Party causing the damage, (ii) the damage is the result of death or personal injury, or (iii) the limitation or exclusion would otherwise conflict applicable laws and regulations.

Article 10. Privacy and Security

10.1. If myGoodbye processes personal data in the provision of Services, it states The User guarantees to myGoodbye that the processing of personal data does not infringe any right of a third party and is not unlawful within the meaning of the applicable privacy laws and regulations.

10.2. When using the Service, personal data of Users is processed. Please refer to the privacy statement in the Application or on the Website for more information.

10.3. myGoodbye will adequately protect the Service against misuse and unauthorized access access to your data. The user can obtain further information about this at myGoodbye request.

Article 11. Duration and termination

11.1. The Agreement is entered into for a period of one (1) year. During the first year, interim termination by the User is not permitted. myGoodbye will send the User a reminder by e-mail thirty (30) days before the end of the term regarding the upcoming renewal. The Agreement will then be renewed for a period of one (1) year. After the first year, the User may terminate the Agreement at any time. Upon termination after the first year, the User will receive a pro-rata refund of the remaining portion of the membership, calculated as the license fee divided by 365 multiplied by the number of remaining days.

11.2. Upon termination of the Agreement, the User will immediately lose access to the Services. The User may regain access at any time by purchasing a new membership.

11.3. After termination of the Agreement, myGoodbye will retain the User's data for a period of twelve (12) months. Thirty (30) days before the expiry of this period, the User will receive a warning by e-mail. After the expiry of this period, myGoodbye is entitled to delete the User's data. myGoodbye is not liable for loss of data after deletion.

11.4. The User may at any time delete their Account and all associated data via the Application. This deletion is immediate and irreversible. If the User deletes their Account before the first year of the license has expired, there is no entitlement to a refund. myGoodbye is not liable for loss of data as a result of deletion by the User.

Article 12. Changes to conditions

12.1. myGoodbye may change or supplement these Terms of Use at any time. myGoodbye will announce changes or additions at least thirty (30) days before their entry into force via the Application or by email.

12.2. Users who hold a paid license and do not wish to accept changes or additions to the Terms of Use may terminate the Agreement up to the date on which the changes take effect.

12.3. Use of the Service by the User after the date of entry into force applies acceptance of the amended or added terms of use.

Article 13. Other provisions

13.1. These Terms of Use are governed by Dutch law.

13.2. All disputes arising from these Terms of Use will be settled submitted to the competent Dutch court for the district of location of myGoodbye. The user has the right to object in writing to the execution of this clause within a period of one (1) month after myGoodbye has invoked this clause, as a result of which the dispute is settled by the competent court according to the law.

13.3. If any provision of these Terms of Use proves to be void, this will not affect the validity of the entire Terms of Use. In that case, the parties will replace (a) new provision(s), with which as much as is legally permitted possible to give shape to the intention of the original Terms of Use is given.

13.4. myGoodbye may exercise its rights and obligations under these Terms of Use transfer to a third party that carries out the relevant business activities or the takes over the copyright on myGoodbye from her.