Terms of use Sjees app

The Sjees app (hereinafter referred to as: “the app" or "Sjees app") is used for the Brainport Bereikbaar program. With the Sjees app and the Sjees campaign, Brainport Bereikbaar encourages the use of the bicycle. This document describes how you can use the services of the Sjees app. Before you start using the Sjees app, you must read and accept these terms of use. If you do not accept these conditions, we request that you do not use this app. These terms of use have been drawn up by Mobidot BV in collaboration with Brainport Bereikbaar. Mobidot BV is the owner and manager of the Sjees app.

1. Description of Sjees app. With this app you gain insight into your daily travel pattern and you can save nice gifts and discounts by traveling by bike. The app automatically records how you travel and uses fun challenges to challenge you to cycle more often. Of course linked to great prizes.
The app helps you make a conscious and smart travel choice and make you aware of your own travel behavior. The app uses so-called “notifications” to proactively inform you about information about your travels that may be relevant to you. We will only use notifications for announcements or the Brainport Bereikbaar Sjees campaign. We will expressly not use notifications to send you advertisements or commercial offers that are not related to the Sjees campaign. The Sjees app is offered in Dutch and English.

2.Conditions for using the software. We enable you - subject to these terms of use - to use the Sjees app for personal use. You must be over 16 years old and live or travel in the Brainport region. You may not use the Sjees app for illegal or unauthorized purposes. You are responsible for your activities and behavior while using the Sjees app. Use the Sjees app safely and do not operate the app if you are a driver of a means of transport in traffic.

3. Personal use. The user. You must be the owner or sole user of the smartphone on which the app will be installed. You may not use the app to locate third parties. In particular, you may not install the software on a mobile device used by a third party. If you sell, lease, lend or otherwise make your Smartphone available to a third party, you must ensure that the app is not used by this third party with your account. It is not allowed to use the app on multiple devices at the same time.
The app is available for Android and Apple iOS via Google Play (Android) and Apple iStore (iOS). You must have a smartphone with iOS 8.0 or higher or Android 4.0 or higher. For the App to function properly, your smartphone must have a data subscription and Wi-Fi and GPS must be turned on in the settings of your smartphone. You are responsible for correctly downloading, installing and using the app.

4. Account. After installation, you are required to register for Sjees by creating an account and logging in to the App. You must treat your username and password for your account as strictly confidential and you may not give them to third parties or otherwise make the Sjees app available to third parties via your account.
To create a personal account, we request the following information:

• First and last name;
• e-mail address;
• ZIP code and address;
• interests (sustainability, travel time, health or cost aspect);

Personal data is collected. For this we refer to our privacy statement, which is an integral part of these conditions. You can find our privacy statement here: https://www.brainportbereikbaar.nl/sjees-privacyverklaring/.

To delete your account, we refer to article 9 of these conditions.

Sjees does not include the supply or functioning of telecommunications devices, such as the Smartphone itself, nor the provision of telecommunications services, more specifically internet or online connectivity. Your mobile operator and/or other service provider are responsible for these products and services.

Your use of the smartphone must not endanger the security or integrity of our services, computer systems and networks, whether by providing access to intruders, introducing viruses or other threats, placing a disproportionate or unreasonably large load on the service or infrastructure, or using any computer program, routine, file or device to disrupt or damage the operation of the Sjees app.

5. Data protection. Your account and travel details are privacy-sensitive information. When you use the Sjees app, we collect, process and store your travel data for the purposes of the Sjees app. We respect your personal data and your privacy and therefore do not use your data other than for the services we offer with the Sjees app. This is further described in our privacy statement. This is in accordance with the General Data Protection Regulation (GDPR).

Measures have been taken in accordance with the guidelines of the Dutch Data Protection Authority to ensure that the data is stored and processed with appropriate care and security.

When using the app, the following data is collected:

• Start and end time of each ride;
• Start and end point, route and infrastructure used during each trip;
• Distance travelled, journey time and average speed;
• Means of transport for every journey;
• Purpose of the ride;
• Frequently visited places;
• Frequently chosen routes;
• Mutual relationship of means of transport used;
• Weather conditions during the ride;
• Estimation of costs, CO2 savings and calories burned per trip;
• Any feedback given.

In addition, we ask for additional (demographic) background information, travel behavior, motivations and satisfaction via the app and associated surveys. This measures and evaluates the effects of Sjees.

To gain access to this data, you must make your location data available to the app and also share it with the app.

6. Disclaimer. You shall indemnify and defend us from and against any and all claims, liabilities, damages, costs and expenses, including legal fees, arising out of any breach of these terms by you.

The foregoing is conditional on us (i) informing you in writing and in detail without undue delay of a claim by a third party, (ii) authorizing you to conduct judicial and extrajudicial proceedings with the third party, and (iii) informing you of your reasonable costs so that you can defend yourself against the claims.

7. Warranties, Limitation of Liability. All liability on our part with regard to the Sjees app is hereby expressly excluded, except in the event of gross negligence or intent. We do not guarantee the availability of the Sjees app or the accuracy of the positioning functionality. Although we do our utmost to keep the Sjees app and parts thereof up to date, we unfortunately cannot guarantee that this is the case at all times and that the Sjees app works correctly on every brand and type of smartphone. No rights can be derived from information provided by the Sjees app.

8. Duration and termination. Both you and we have the right to terminate participation in the Sjees app at any time and with immediate effect. The right to terminate on the grounds of non-performance remains unaffected. Dissolution on the grounds of breach of contract is possible in particular if you do not fulfill your obligations described in Article 2.

You can terminate participation in the Sjees app by deleting the App on your smartphone. If you wish to terminate your account, you must do so via support@sjees-app.nl to indicate that you no longer wish to use the Sjees app and the account. We will then close your account within a reasonable period and make all your personal data and personal mobility profile inaccessible to you and third parties.

We can terminate your account with the Sjees app by deleting or blocking it. We will notify you of this by email. In the event that we terminate your account due to breach of contract, you are not permitted to create a new account without our express permission.

When you cancel your account, all rewards saved in the account will expire.

9. Amendments. We reserve the right to change these terms and conditions at any time if the change does not adversely affect the user's rights. If the user does not accept these changes, the user can terminate this agreement with effect from the date of entry into force of the change. We will inform the user of any proposed changes by email at least 10 days in advance.

10. Control (fraud). In the context of combating fraud, we reserve the right to carry out checks on the data provided by the participant and/or data registered by the participant. Suspicion of fraud is a reason to immediately expel the participant from the Sjees app and delete the associated account. In the event of fraud, any accrued rewards will be forfeited and will not be paid out to the participant. If we have already paid out accrued rewards to the participant, the participant is obliged to repay these rewards to us.

11. Copyright and right of use. The Sjees app including all applications are protected by copyright. All rights not expressly granted are reserved. Unlawful reproduction, transmission, distribution or storage of part or all of the contents in any form without the prior written permission of us is prohibited. You only have the right to use the Sjees app and no ownership rights. It is not permitted to copy or duplicate the Sjees app or individual parts of the Sjees app, unless this is in the context of normal use, such as when making a backup of the smartphone.

12. Alternative provisions. If any provision of these terms and conditions or part thereof is void, illegal or unenforceable, the validity, legality and/or enforceability of the remaining provisions will not be affected or impaired in any way. We and you agree to replace a void, illegal or unenforceable provision with an effective and feasible provision that comes as close as possible to the economic purpose of the void, illegal or unenforceable provision. The same applies in the event of an omission.

13. Contact information. If you have any questions about these conditions or the Sjees app, please contact: support@sjees-app.nl

Last modified: March 15, 2023