Terms Of Service
1. Scope
These terms of use treat all current and future relations between NEBULAE GCV, a company registered with the Belgian National Bank and Company Registry under enterprise number 0667.958.628, with registered offices at Bremenhulstraat 18, 9260 Serskamp, Belgium, Europe (hereinafter "Gloow") and the User (hereinafter "you" or "User"). You agree to (i) these Terms of Use and (ii) our Privacy Policy by creating an account to use the Gloow mobile app.
2. Software as a Service
Gloow is a Software as a Service in the form of a mobile application. The software will provide the User with a solution to organise and structure his or her idea's, projects, plans or other information. The software as a service will assist in facilitating this process by providing a technology backed process and User interface, but also by suggesting new information, expanding or enriching the data entered into the system by the User.
2.a. Authentication
The Gloow Mobile app is a cloud based application, a User will authenticate with the system using either an email address password combination or using social identity providers. We are using Auth0 as a service partner to secure the authentication process. The authentication process is in place to allow us to provide the User with secure access to his/her data.
2.b. Your data
Your data is stored in a cloud database that is carefully secured and encrypted in the AWS cloud. We are taking responsible efforts to secure your data as required by applicable law such as the GDPR in the European Union. We do not take effort to link your data to your identity. You identity is merely used for secure and verifiable authentication purposes as stated in 2.a For more information regarding to your privacy please refer to our privacy policy.
2.c. Service Uptime
We take pride in creating a quality system and providing a continuously available service to the User. However at this point we are not ready to make system wide guarantees about server uptime. If your needs would require uptime guarantees, feel free to contact us at [email protected]
3. Licence
Gloow grants you a personal, worldwide, non-transferable, non-exclusive, revocable and non-sublicensable license to access and use the Service. This license is solely for the purpose of allowing you to use and enjoy the benefits of the Service as intended by Gloow and as permitted under this Agreement. The license is free of charge for use of the service with a limited data allowance to create nodes and resources in the system. If the User requires data usage above this free tier limit, we charge a subscription fee.
4. Subscription fees
A paid subscription is offered to be able to use the service for unlimited data, albeit within a reasonable scope as is expected from a mobile app User. The price of the subscription may fluctuate based on your geolocation and time. The agreements complies with all prescribed regulations regarding in app purchases by Apple App Store and Google Play Store. The User is allowed to cancel the subscription at any time. However past purchases are non-refundable after a period of 7 days after purchase.
5. Data ownership
Gloow is a creative tool that allows Users to construct complex thoughts, ideas and plans. Data entered into the system, and any intellectual property rights that may arise from interaction with the system, remain with the User or with the original owner of the intellectual property rights on the data or information that is entered into the system.
For the duration of the agreement you grant Gloow the rights to access and analyse your data, in order to provide a better service and improve the system as described in clause 2. For more information about how we analyse your data, you can contact us at [email protected]. As mentioned before we do not take efforts to link this data to your identity.
The User can at any point ask for his/her data and ask for it's removal on Gloow servers and databases.
6. Limitation of Liability
To the extent that is permitted by applicable law, in no event shall Gloow, its employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether direct or indirect, or any loss of data, use, goodwill, or other intangible losses, resulting from causes such as, but not limited to, your access to or use of or inability to access or use the service.
7. Fair Use
You will respect our work and only interact with the service in a fair way, Therefore, you agree to not do the following:
- Use the service in any manner that would cause harm to any other individual or organisation.
- Copy, modify, transmit, create derivative works from, use or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks or other intellectual property, content or proprietary information accessible through the Service without obtaining prior written permission from Gloow,
- Use any robot, bot, spider, crawler, scraper, site search application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its Content,
- Use the Service in any manner that could interfere with, disrupt, or adversely affect the service or the servers or networks connected to the service
- Uploading viruses or other malicious code, or activities that otherwise compromise the security of the service,
- Falsifying headers or otherwise manipulating ID’s to identify the origin of information transmitted to or through the service.
- "framing" or "mirroring" any part of the service withoutprior written consent of Gloow
- Use meta-tags or code or other devices containing a reference to Gloow or the Service (or any Gloow trademark, trade name, service mark, logo or slogan) to direct a person to another website for any purpose,
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of the service or cause others to do so,
- Use or develop third-party applications that communicate with the service or other User content or information without our written permission,
- Using, accessing or publishing the Gloow application programming interface without our written permission.
- Probe, scan or test the vulnerability of our service or any system or network.
- Encourage or promote any activity that violates this Agreement.
The company may investigate and take any available legal action in response to unlawful and/or unauthorized use of the service.
8. Indemnification
You agree, to the fullest extent permitted under applicable law, to indemnify, defend and hold harmless Gloow and our respective agents, from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorneys' fees, due to, arising out of or relating in any way to your access to or use of the Service.
9. Entire Agreement
If any provision of this agreement is held invalid, the remaining provisions of this agreement shall remain in full force and effect.
No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this agreement.
10. Ammendment
From time to time we can adjust some items in this Agreement. We may do so for various reasons, including changes in legal requirements, new features or changes in business practices.
The most recent version is the applicable version. If the changes are significant changes that affect your rights or obligations, we will notify you in advance with reasonable notice of the changes. This can include a notification through the service itself or via e-mail. If you continue to use the service after the changes take effect, you agree to the revised terms of use
11. Applicable law and Jurisdiction
These Terms of Use are governed by Belgian law. In case of dispute, only the courts of East Flanders, Ghent Division, shall have jurisdiction.
Except for Users who are residents of the EU or the European Economic Area , who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement, the Service, or your relationship with Connus that for any reason are not submitted to arbitration shall be litigated exclusively in the federal or state courts of Belgium.
12. Ad Hoc Changes
Both parties can agree to make changes to the agreement on an ad hoc basis. If you would like more detailed partnership and terms that suits your needs better, feel free to contact us at [email protected].
13. Acknowledgments regarding the use of the Application through the Apple App Store
Both parties acknowledge that these EULA is concluded between Gloow and the User only, and not with Apple. Gloow, not Apple, is solely responsible for the Licensed Application and the content thereof.
Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Both parties acknowledge that Gloow, not Apple, is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks.
Both parties acknowledge that in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Gloow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
14. Warranty
In the event of any failure of the Licensed Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
15. Compliance
The User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
