Last update: 12-09-2022

1.0 Scope
1.1 Area of People B.V. ("Area of People") hereby grants to you, the lawful acquirer of the application (the "App"), a right of use for this App. This right is limited to use by you as a natural person not acting in the exercise of a profession or business, as well as your housemates.

1.2 This licence is personal. The App may only be used on the device on which it was downloaded and installed. The right of use is granted free of charge.

1.3 The purpose of the App is to provide an integrated communication environment between you, other residents and existing service partners, such as the Administrator or Management Association. Users are of course free to use the App in any way they wish within the limits of these Terms and the law. It is expressly not permitted to reverse engineer the source code of the App or decompile the App, unless this is permitted under mandatory law;
give a copy of the App to third parties;
sublicense the App or make it available to third parties, whether through rental, Software-as-a-Service constructions or otherwise;
make changes to the App, except in so far as this is permitted under mandatory law;
remove or render illegible any indications of Area of People as the rightful claimant of the App or any part thereof.

1.4 You may make a back-up copy of the App. However, you may not use, trade or distribute this backup copy independently except in conjunction with the original App.

1.5 In addition to the terms set out below, Apple's Appstore or Google Play may impose conditions on your obtaining the App, using it, making in-app purchases and related matters. Please consult the terms of use and privacy statement of Apple's Appstore or Google Play on the website of the relevant provider.

2. Intellectual property

2.1 All rights to the App, its documentation and all modifications and extensions thereto are and shall remain vested in Area of People or its licensors. You are only granted the user rights and powers that arise from the scope of this agreement or that are granted in writing, and for the rest you may not use, duplicate or make public the App.

3. Use and misuse of the App

3.1 When using the App, you are responsible for complying with the applicable laws and regulations. It is expressly forbidden to

Distribute or cause to be distributed material which infringes the rights of third parties, including intellectual property rights;
intentionally distribute viruses, malware or other malicious software or allow them to be distributed;
obstruct other users of the App or damage Area of People's or third parties' systems and networks;
distribute or allow the distribution of content that is libellous, sexist, erotic, defamatory, discriminatory, offensive or objectionable.

3.2 You are obliged to follow all reasonable instructions of Area of People regarding the use of the App.

3.3 The messages and information that you disseminate through the App are at your own discretion. It is your own responsibility to ensure that these messages and information are lawful and do not infringe the rights of others. You shall indemnify Area of People against any claims by third parties based on the proposition that your messages or information disseminated by you is unlawful.

3.4 You acknowledge that Area of People is under no obligation to check postings or information in any way before or after posting. However, if Area of People learns that any postings or information violate the law or these Terms and Conditions, Area of People may, in its discretion, remove, make inaccessible, or redact the postings or information.

3.5 If Area of People receives a complaint about any message or information you disseminate, Area of People may remove, disable access to or redact the message or information if it considers the complaint to be justified.

3.6 If Area of People learns that you are in breach of these terms and conditions or receives a complaint, Area of People may take all reasonable steps it deems necessary to bring the breach to an end. Area of People shall not be liable for any damages arising therefrom.

3.7 Area of People always has the right to report any observed offence. In addition, Area of People may provide your name, address, IP address and other identifying information to a third party who complains that you are infringing on their rights, provided that (1) it is sufficiently plausible that you have acted unlawfully and have caused damage to the complainant, (2) the complainant has a genuine interest in obtaining the information, (3) it is plausible that there is no less intrusive way of retrieving the information.

4. Links

4.1 The app can be linked to the hardware and software of third parties (such as shared car suppliers). Area of People cannot accept any liability for these links, hardware and software. Result and effort obligations that rest on Area of People do not apply to the links made, nor to products or services of third parties.

4.2 The information displayed in the App is (partly) based on data collected using hardware and software from third parties. Area of People is not responsible for the accuracy of this data.

4.3 The use of hardware and software of third parties may be subject to additional (general) conditions. These conditions are in that case provided by the provider of the hardware or software.

5. Personal data

5.1 The App processes personal data. These personal data will be processed in accordance with the privacy policy that can be found in the App's main menu.

6. Updates

6.1 Area of People will release updates from time to time which may correct errors or improve the functioning of the App.

6.2 Available updates for the App will be announced via notifications in Apple's Appstore or Google Play, and it is your responsibility to keep track of these notifications. Updates will also be made via this platform. An active internet connection is required to download updates.

6.3 Installation of updates is done with your separate consent. For a proper execution of the updates, App depends on the availability of Apple's Appstore or Google Play, over which Area of People has no control. Area of People is not responsible or liable for the proper implementation of updates. No liability exists for damages resulting from errors fixed in an update not installed by you.

6.4 An update may contain conditions that deviate from the provisions in this agreement. You will always be informed of this in advance and you will then have the opportunity to refuse the update. By installing such an update, you agree to these deviating conditions, which shall then form part of this agreement.

7. Support

7.1 You are responsible for installing and using the App.

7.2 You can give feedback about the App and the services within the App, after which Area of People will assess whether support is required and contact you if necessary.

7.3 Area of People shall endeavour to investigate and remedy reported defects in the App as soon as possible or to issue a work-around. Area of People may postpone the repair of flaws with limited impact until the next scheduled update.

8. Warranties and liability

8.1 Area of People guarantees that the App does not contain any viruses, backdoors or malicious routines, but otherwise nothing.

8.2 Save in the case of wilful or gross negligence or breach of a warranty given above, Area of People shall not be liable to you on any grounds whatsoever for any damage in connection with App.

8.3 No liability exists if the damage is not reported to Area of People within a reasonable time after its discovery. A period of two months after discovery is in any case timely. Furthermore, no liability exists if the damage is the result of force majeure.

8.4 The App communicates via internet with a server managed by Area of People to deliver the service. Area of People endeavours to have this server available at all times, but gives no guarantees. From time to time, Area of People may make updates to the server, which may cause temporary unavailability. Area of People will do its best to inform you in advance. All provisions regarding updates, support and liability apply accordingly to the server.

8.5 Area of People does not guarantee that the App will fully function on every phone, or version of an operating system installed on a phone.

8.6 Area of People is only the provider of the App and is not responsible for the information, materials and advice that users spread through the App. Area of People cannot exclude that such information, materials or advice are incorrect or incomplete and is not liable for their use.

8.7 No liability exists if this is directly or indirectly the result of the improper functioning of Apple's Appstore or Google Play.

9. Duration of the Agreement

9.1 This agreement comes into force upon the App being put into use and will then remain in force for an indefinite period of time.

9.2 Both you and Area of People may terminate this agreement at any time with a notice period of one month.

9.3 This agreement ends by operation of law if your rental contract with your landlord is terminated, you are declared bankrupt, you apply for a moratorium on payments or your assets are seized, you die, or if you go into liquidation, are dissolved or are dissolved.

9.4 Upon termination of the Agreement (for whatever reason) you must cease and desist all use of the App. You must then delete all copies (including backup copies) of App from all your systems.

10. Other provisions

10.1 This End User License Agreement is governed by Dutch law.

10.2 Unless otherwise required by mandatory law, all disputes arising from this agreement shall be submitted to the competent Dutch court for the district in which Area of People is located.

10.3 If any provision of this agreement proves to be null and void, this shall not affect the validity of the entire agreement. Parties shall in that case replace (a) new provision(s), which as much as legally possible reflects the intention of the original agreement.

10.4 Area of People may transfer its rights and obligations under this agreement to a third party that takes over the relevant business activities or the copyrights to App from it.