Sjees terms of use

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 stimulates the use of the bicycle. These terms and conditions describe how you can use the services of the Sjees-app. Before using the Sjees-app, you must read and accept these terms of use. If you do not accept these termsand conditions, we request that you do not use this app. These terms of use have been formulated by Mobidot B.V. in collaboration with Brainport Bereikbaar. Mobidot B.V. is the owner and operator of the Sjees-app.

1. Description of the Sjees-app. With this app you gain insight into your daily travel pattern and you can save great gifts and discounts by traveling by bicycle. The app automatically registers how you travel and entices you to take the bike more often by means of fun challenges. Of course, coupled to attractive prices.

The app helps you to make a conscious and smart travel choice and makes you aware of your own travel behaviour. The app uses so-called “notifications” to proactively inform you on information about your travels that may be relevant to you. Furthermore, we will only use notifications for announcements of the Sjees campaign of Brainport Bereikbaar. We will expressly not use notifications to send advertisements or send you commercial offers that are not related to the Sjees campaign. The Sjees-app is offered in the Dutch and English language.

2. Terms of Use of the Software. We enable you to use the Sjees-app for personal use, subject to these terms of use. You must be older than 16 and live or travel in the Brainport region. You may not use the Sjees-app for illegal or unauthorized purposes. You are solely responsible for your activities and behaviour while using the Sjees-app. Please, use the Sjees-app safely and do not operate the app if you are a driver in traffic.

3. Personal Use. You must be the owner or sole user of the smartphone on which the app will be installed. In particular, you may not install the software on a mobile device used by a third party. If you sell, lease, loan or otherwise make your Smartphone available to a third party, you must ensure that the app is not used by that third party with your account. It is not allowed to use the app on multiple devices at the same time. You may not use the app to locate other persons.

The app is available for Android and Apple iOS via Google Play (Android) and Apple iStore (iOS). You must have a smartphone with iOS 10.0 or higher or Android 11.0 or higher. For the App to function properly, your smartphone must have a data subscription and WiFi and GPS must be enabled in the settings of your smartphone. You are responsible for correctly downloading, installing and using the app.

4. Account. After installation it is 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 may not give them to third parties or otherwise make the Sjees-app available to third parties through your account.

To create a personal account in the app, we ask for the following information:

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

This information includes personal data. For the handling of your personal data, we refer to our privacy statement, which is an integral part of these terms and conditions. Our privacy statement can be found here: https://www.brainportbereikbaar.nl/sjees-privacystatement/ .

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

Sjees does not include the delivery or operation of telecommunication devices, such as the Smartphone itself, nor the provision of telecommunication 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 compromise the security or integrity of our services, computer systems and networks, whether by allowing intruders to gain access, introducing viruses or other threats, placing a disproportionate or unreasonably large load on the service or the infrastructure, or using any computer program, routine, file or device to disrupt or damage the operation of the Sjees-app.

5. Cost. We make the Sjees-app available to you free of charge. However, use of the App requires the use of mobile phone or internet services from your mobile operator and/or other service providers, including but not limited to an internet connection. We are not responsible or liable for the cost of such services. Please contact your mobile operator or other service provider to obtain information about such charges.

6. 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 information and your privacy and, therefore, do not use your information other than for the services we offer with the Sjees-app. This is described in more detail in our privacy statement, which is in accordance with the General Data Protection Regulation (GDPR).

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

When using the app, the following mobility data is collected:

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

In addition, we ask for additional (demographic) background information, travel behaviour, motivations and satisfaction with the service via the app and associated surveys. With this information the effects of the Sjees-app are measured and evaluated.

To gain access to this mobility data, we ask you to make your location data available to the app.

7. Indemnity. You are obligated to indemnify and defend us from and against all claims, liabilities, damages, costs and expenses, including legal fees, arising out of any breach of these terms by you.

The foregoing is subject to us (i) informing you in writing and in detail without undue delay of a claim from a third party, (ii) authorizing you to bring legal and extrajudicial proceedings against the third party, and (iii) informing you at your reasonably assist costs so that you can defend yourself against the claims.

8. Warranties, Limitation of Liability. All liability of us with regard to the Sjees-app is hereby expressly excluded, except in the case 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 will be the case at any given time and that the Sjees-app will work correctly on every brand and type of Smartphone. No rights can be derived from information provided by the Sjees-app.

9. Duration and cancellation. Both you and we have the right to terminate the use of the Sjees-app at any time and with immediate effect. The right to dissolve on the grounds of mis-use remains unaffected. Dissolution on the grounds of mis-use is particularly possible if you fail to fulfil your obligations described in Article 2.

You can stop using the Sjees-app by removing the app from your smartphone. If you want to terminate your account, you must indicate via support@sjees-app.nl that you no longer wish to maintain the Sjees-app and the account. We will then close your account within a reasonable period of time and remove all of your personal and mobility data.

We can terminate your account with the Sjees-app by deleting or blocking it. We will notify you of this by e-mail. In the event that we terminate your account for mis-use, it is not permitted to create a new account without our express consent.

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

10. Changes. We reserve the right to change these terms and conditions at any time if the change does not negatively affect the rights of the user. If the user does not accept these changes, the user may terminate this agreement as of the effective date of the change. We will inform the user of intended changes by e-mail at least 10 days in advance.

11. Audits (fraud). In the context of combating fraud, we reserve the right to carry out checks on the data provided by the user and/or data registered by the user. The suspicion of fraud is a reason to immediately remove the user from the Sjees-app and delete the associated account. Any accrued rewards will expire in the event of fraud and will not be paid to the participant. In the event that we have already paid out accrued rewards to the participant, the participant is obliged to repay these rewards to us.

12. Jurisdiction and dispute resolution. These terms and conditions are governed by and construed in accordance with Dutch law to the exclusion of its private international law. The court in the district of East Brabant has exclusive jurisdiction for all disputes arising out of or in connection with the use of the Sjees-app, unless local law allows you to start a lawsuit in the place where you live.

13. 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 content, in any form, without our prior written permission is prohibited. You only have the right to use the Sjees-app. You do not have property 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 making a backup of the smartphone.

14. 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 shall not be affected or diminished in any way. We and you agree to replace a void, illegal or unenforceable provision with an effective and feasible provision that is as close as possible to the economic purpose of the void, illegal or unenforceable provision. The same applies in case of an omission.

15. Contact Information. If you have any questions about these terms of use or the Sjees-app, please contact: support@sjees-app.nl

Last modified: March 15, 2023