1. License

Sentiance hereby grants User a personal, non-exclusive, non-transferable, royalty-free, revocable right to download and use Sentiance’s Journeys mobile application (“Application”) installed by User on its mobile device.

2. Restrictions

User will not (1) decompile, disassemble, analyze or examine the Application or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the foregoing (except to the extent allowed by the applicable laws), e.g. for the purpose of reverse engineering, re-engineering or rebuilding an application or platform with the same or similar functionalities; (2) attempt to access any systems, programs or data of Sentiance to which no access is granted hereunder or that are not required for User to exercise its rights in connection with these Terms and Conditions; or (3) use any device or software to interfere or attempt to interfere with the proper operation of the Application.

3. Intellectual Property Rights

The Application is protected by applicable Belgian and foreign laws and treaties, including copyright laws and treaty provisions. Sentiance and its third party licensors retain all title to, and, except as expressly and unambiguously licensed herein, all rights and interest in the Application and all copies, versions, enhancements and derivative works thereof (by whomever produced) and all related documentation and materials, the Sentiance trademarks, trade names, icons and logos, and any and all intellectual property throughout the world in the foregoing. Except for the limited license granted herein, nothing herein shall be construed as Sentiance granting to User any right, title or interest in or to the Application or any patent, trade secret or other intellectual property rights of Sentiance. Notwithstanding the provisions of the Privacy Policy, by activating the mobile tracking functionality of the Application and for as long as this functionality remains activated, User grants to Sentiance a worldwide, non-exclusive, transferable and sub-licensable, irrevocable, perpetual, royalty-free right and license to use, process and incorporate in its products and services for all business and marketing purposes any and all data provided by Userthrough its use of the Application.

4. Privacy

The use of the Application is subject to the provisions of Sentiance’s Privacy Policy. Read more about our Privacy Policy.

5. Warranties

Other than as expressly set forth herein, Sentiance does not make any express or implied warranties, conditions, or representations to User with respect to the Application regarding these Terms and Conditions, whether oral or written, express or implied. Without limiting the foregoing, any implied warranty or condition of merchantability, the implied warranty against infringement, and the implied warranty or condition of fitness for a particular purpose, quality, accuracy, availability or timeliness are expressly excluded and disclaimed. Sentiance does not warrant that the use of the Application shall be uninterrupted or error-free and has no obligation to support User.

6. Liability and indemnity

To the maximum extent permitted by law, Sentiance will not be liable for any lost data or other indirect or consequential damages of any character, including, without limitation, damages for loss of profits, loss of goodwill, work stoppage, device failure or malfunction, or any and all other damages or losses. User shall indemnify, defend and hold Sentiance harmless from and against all claims, suits, proceedings, awards, judgments, penalties, damages, losses, liabilities, costs and expenses resulting from any and all third party claims against Sentiance relating to any breach of these Terms and Conditions by User.

7. Termination

Sentiance reserves the right to change, modify and discontinue the Application or a campaign at any time. User may at any time decide to stop using the Application by deleting the Application from its mobile device, as from which time no more data will be collected by Sentiance from User.

8. Miscellaneous

In the event that any provision hereof shall be held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. These Terms and Conditions are governed by and construed under the laws of Belgium, without regard to its conflicts of law principles. The parties agree that any legal proceeding with respect to or arising under these Terms and Conditions shall be brought exclusively in the Courts of Antwerp, Belgium. Sentiance has the right to disclose any User information to law enforcement authorities, government officials or a third party, as Sentiance believes is reasonably necessary to enforce or verify compliance with these Terms and Conditions or comply with the law. Sentiance reserves the right to modify these Terms and Conditions at which time Users will be notified and asked to confirm their acceptance with these Terms and Conditions. The failure of either party to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.

Last updated: 15 July 2016