This terms of use agreement is an app license and system subscription agreement (including an acceptable use policy) (these “Terms of Use”). The Terms of Use are a legally binding contractbetween HNTR BV, having its registered office at Nelson Mandelaplein 26, 2200 Herentals, Belgium, registered with the Crossroads Bank for Enterprises under number 0782.792.572 (“Provider”) and an individual end user of Provider’s HNTR Platform, as defined below (“You,”“Your”).

Provider provides the HNTR website https://hntr.world together with the HNTR App (the “HNTR Platform”). You agree that when you access or use the HNTR Platform, You will do so subject to these Terms of Use.
These Terms of Use are effective as of the date You click “Accepted and Agreed To”.

1.1. Eligibility. You represent and warrant that You are an adult of the legal age of majority in your country of residence, that You understand and accept these Terms of Use. You are legally and financially responsible for all actions using or accessing the HNTR Platform. If You are under the legal age of majority, Your parent or legal guardian must consent to these Terms of Use or You must be permitted by the laws in Your country of residence to accept these Terms of Use.

1.2. HNTR Platform Subscription. During the Term (as defined in Section 10.1 below), You may access and use the HNTR Platform. You may reproduce and use Provider's standard manual related to use of the HNTR Platform (the “Manual”) solely as necessary to support use of the HNTR Platform.

1.3. HNTR Platform Revisions. Provider may revise the features and functions of the HNTR Platform at any time.

1.4. Subscription Fees. If applicable, You agree to pay Provider the fee set forth in Your order(e.g. for a premium account) on the dates required therein. Provider will not be required to refund fees under any circumstances.

2.1. License. Provider hereby grants You a nonexclusive license to reproduce and use one copy ofthe HNTR App (as defined below) on Your mobile device, solely as a component of the HNTR Platform, provided You comply with the restrictions set forth below in Section 2.2(Restrictions on Software Rights). The license in the preceding sentence does not include use by any third party, and You shall not permit any such use. Provider grants the license in this Section 2.1 under copyright and, solely to the extent necessary to exercise such rights, under any other applicable intellectual property rights. (The “HNTR App” means Provider’s downloadable application. The HNTR App is a component of the HNTR Platform and is included in references thereto, except in provisions that separately address the HNTR App.)

2.2. Restrictions on Software Rights. Copies of the HNTR App created or transferred pursuant to these Terms of Use are licensed, not sold, and You receive no title to or ownership of any copy or of the HNTR App itself. Furthermore, You receive no rights to the HNTR Appother than those specifically granted in Section 2.1 above. Without limiting the generality of the foregoing, You shall not: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the HNTR App; (b) use the HNTR App in any way forbidden by Section 5.1 below; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the HNTR App’s source code.

3.1. Permission from You. You grant Provider permission to access, process, and otherwise use Your Content (as defined below) in order to provide Provider’s products and/or services to You, to track and analyze Your use of the HNTR Platform, and make Your Contentavailable to other users of the HNTR Platform and other third parties. To the extent that You have intellectual property rights in Your Content, You grant Provider a world-wide, perpetual, non-exclusive, royalty-free, sublicensable, transferable license to use and prepare derivative works from Your Content for the purposes outlined in these Terms of Use. You agree that Your Content is not any person’s or entity’s confidential information, including Yours. As between the parties, You retain ownership of Your Content. (“Your Content” means any Content transmitted by You or on Your behalf to Provider or its agents. “Content” means text, images, photos, audio or video files, and other forms of data or communication.)

3.2. Rights in Your Content. You represent and warrant that You own Your Content or have received a valid license to Your Content and that submitting or transmitting Your Content to or through the HNTR Platform will not violate the rights of any third party, including without limitation intellectual property, privacy, or publicity rights. Provider is under no obligation to review or screen Your Content or other HNTR Platform users’ Content.

3.3. Accuracy. Provider has no responsibility or liability for the accuracy of any Content submitted to or transmitted through the HNTR Platform by You or another user, including without limitation Your Content.

3.4. Right to Retain, Delete or Suspend Access. You must not rely on the HNTR Platform for backup or storage of Your Content. Provider may retain Your Content even if You are no longer using the HNTR Platform, but Provider is not required to give You copies of Your Content. Provider may permanently delete or erase Your Content or suspend Your access to Your Content through the HNTR Platform at any time and for any reason.

4.1. Privacy Policy & Compliance. You acknowledge Provider’s privacy policy state at info@hntr.world and a cookie policy at info@hntr.world, and you recognize If and agree that nothing in these Terms of Use restricts Provider’s right to alter such privacy and cookie policy. If Provider receives a “right to know,” deletion, “right to be forgotten,” or similar request related to Your Content, Provider may respond in accordance with applicable law. Nothing in these Terms of Use precludes Provider from asserting rights or defenses it may have under applicable law related to such requests.

4.2. De-Identified Data. Provider may use, reproduce, sell, publicize, or otherwise exploit De-Identified Data (as defined below) in any way, in its sole discretion, including without limitation aggregated with data from other customers. (“De-Identified Data” refers to Your Content with the following removed and thus non-personal data: information that identifies or could reasonably be used to identify You, an individual person, or a household.)

4.3. Risk of Exposure. YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE HNTR PLATFORM, YOU ASSUME THOSE RISKS. Provider offers no representation, warranty, or guarantee that Your Content will not be exposed or disclosed through the HNTR Platform or through errors or the actions of third parties.

3.4. Right to Retain, Delete or Suspend Access. You must not rely on the HNTR Platform for backup or storage of Your Content. Provider may retain Your Content even if You are no longer using the HNTR Platform, but Provider is not required to give You copies of Your Content. Provider may permanently delete or erase Your Content or suspend Your access to Your Content through the HNTR Platform at any time and for any reason.

5.1. Acceptable use policy (“AUP”). Provider requires that all users of Provider’s HNTR Platform conduct themselves with respect for others. In particular, You should observe the following rules in your use of the HNTR Platform (including Your transmitted Content):

1) abusive behavior: do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not distribute material that is pornographic, obscene or offensive. Do not use ethnic or religious slurs against any person or group;
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2) privacy: do not violate the privacy rights of any person. Do not cooperate in or facilitate identity theft. Do not collect or disclose any Personal Information without the subject’s prior consent. “Personal Information ” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual person or household;

3) intellectual property: do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder;

4) hacking, viruses, & network attacks: do not access any computer or communications system without authorization, including the computers used to provide the HNTR Platform. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the HNTR Platform;

5) spam: do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way;

6) Fraud: do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way;

7) violations of Law: do not violate any law. In addition, You shall not:
(a) provide HNTR Platform passwords or other log-in information to any third party;
(b) share non-public HNTR Platform features or Content with any third party;
(c) access the HNTR Platform in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the HNTR Platform, or to copy any ideas, features, functions or graphics of the HNTR Platform; or
(d) engage in web scraping or data scraping on or related to the HNTR Platform, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. Provider reserves the right to suspend Your option to upload any further Content in case You have reached a maximum of 10 gigabytes uploaded data (cumulative).

5.2. Consequences of Violation. You agree to comply with the Provider’s AUP under 5.1. If Provider suspects that You have violated the requirements of 5.1, Provider may suspend Your access to the HNTR Platform without advanced notice, in addition to such other remedies as Provider may have.

5.3. Unauthorized Access. You agree to take reasonable steps to prevent unauthorized access to the HNTR Platform, including by protecting Your passwords and other log-in information. You shall notify Provider immediately if You know of or suspect unauthorized use of the HNTR Platform or breach of its security.

5.4. HNTR Platform Access. You are responsible and liable for: (a) Your use of the HNTR Platform, including unauthorized conduct through Your account and conduct that would violate the AUP or the requirements of these Terms of Use; and (b) any use of the HNTR Platform through Your account or passwords, whether authorized or not.

5.5. Communications. You consent to receive email and/or text messages from Provider in connection with Your use of the HNTR Platform. Standard text messaging charges required by Your mobile carrier will apply to text messages Provider send You. If You notice any infringement by another user to the AUP, You can notify Provider via: info@hntr.world. Provider is not obligated to take any action against You or any other HNTR Platform user or other third party for violating these Terms of Use, but Provider is free to take any such action it sees fit.

6.1. IP Rights in the HNTR Platform. Provider retains all right, title, and interest in and to the HNTR Platform, including without limitation the HNTR App and all other all software used to provide the HNTR Platform and all graphics, user interfaces, logos, and trademarks reproduced through the HNTR Platform, as well as all Content other than Your Content. These Terms of Use does not grant You any intellectual property license or rights in or to the HNTR Platform or any of its components, except to the limited extent that these Terms of Use specifically sets forth Your license rights to the HNTR App or the Manual. Yourecognize that the HNTR Platform and its components are protected by copyright and other laws.

6.2. Feedback. Provider has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that You provide to Provider, and nothing in these Terms of Use or in the parties’ dealings arising out of or related to these Terms of Use will restrict Provider’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting You. You hereby grant Provider a perpetual, irrevocable right and license to exploit Feedback in any and every way. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Provider’s products or services.)

7.1. Warranty Disclaimers. YOU AGREE THAT THE PROVIDER WARRANTS THAT THE HNTR PLATFORM WILL PERFORM MATERIALLY AS DESCRIBED IN THE MANUAL FOR A PERIOD AS IMPOSED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU ACCEPT THE HNTR PLATFORM“AS IS” AND AS AVAILABLE, WITH NO FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) PROVIDERHAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) PROVIDERDOES NOT REPRESENT OR WARRANT THAT THE HNTR PLATFORM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (c) PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE HNTR PLATFORM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; AND (d) PROVIDER DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICES PROVIDED BY OTHER USERS OF THE HNTR PLATFORM OR OTHER THIRD PARTIES.

7.2. Interactions with Other Users. You agree that You are solely responsible for Your transactions or other interactions, either through the HNTR Platform or through other means of communication, with other users of the HNTR Platform. You acknowledge that that Provider has no liability for any such interactions. Provider may monitor or become involved in disputes between You and other users of the HNTR Platform but has no obligation to do so.

7.3. Third Party Sites and Content. You understand that the HNTR Platform may contain or send You links to third party websites, applications or features not owned or controlled by Provider (“Third Party Sites”), and that links to Third Party Sites may also appear in Content available to You through the HNTR Platform. The HNTR Platform may also enable interaction between the HNTR Platform and a Third Party Site through applications that connect the HNTR Platform, or Your profile on the HNTR Platform, with a Third PartySite. Through Third Party Sites You may be able to access Content from third parties that Provider does not control and/or share Your Content with others. YOU ACCESS THIRD PARTY SITES ENTIRELY AT YOUR OWN RISK, AND PROVIDER WILL HAVE NO LIABILITY FOR YOUR USE OF OR ACCESS TO THIRD PARTY SITES AND/OR THIRD PARTY CONTENT.)

You agree to defend, indemnify, and hold harmless Provider and the Provider Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of, related to, or alleging: (a) infringement or violation of third partyintellectual property, privacy or publicity rights by Content submitted to or transmitted through the HNTR Platform from Your account, including without limitation by Your Content; and (b) claims that use of the HNTR Platform through Your account harasses, defames, or defrauds a third party, infringes or misappropriates copyright, trade secret, or other intellectual property rights, or violates any other law or restriction on electronic advertising. Your obligations set forth in this Article 8 include retention and payment of attorneys and payment of court costs, as well as settlement at Your expense and payment of judgments. Provider will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “ProviderAssociates” are Provider’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)

9.1. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE HNTR PLATFORM, IF APPLICABLE, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY OR, IF NO PAYMENT IS DUE, THE AMOUNT PROVIDERCAN RECOVER UNDER ITS INSURANCE POLICIES .

9.2. Excluded Damages. IN NO EVENT WILL PROVIDER BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

9.3. Clarifications & Disclaimers. IN CASE YOU ARE A CONSUMER, NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR
(a) DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE;
(b) FRAUD OR FRAUDULENT MISREPRESENTATION;
(c) IN CASE YOU ARE A CONSUMER, TOWARDS THE PROVIDER FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR FOR THE EXECUTION OF ONE OF ITS ESSENTIAL OBLIGATIONS UNDER THESE TERMS OF USE (EXCEPT IN CASE OF FORCE MAJEURE). THE LIABILITIES LIMITED BY THIS ARTICLE 9 APPLY TO THE BENEFIT OF PROVIDER'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS:
(a) TO LIABILITY FOR NEGLIGENCE;
(b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;
(c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND
(d) EVEN IF YOURREMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
You acknowledge and agree that Provider has based its pricing on and entered into these Terms of Use in reliance upon the limitations of liability and disclaimers of warranties and damages in this Article 9 and elsewhere in these Terms of Use and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of the provisions of this Article 9, Provider's liability will be limited to the maximum extent permissible.

10.1. Term. The term of these Terms of Use (the “Term”) will commence on the Effective Date and continue until terminated by either You or Provider.

10.2. Termination. Either party may terminate these Terms of Use for any reason at any time. You may terminate these Terms of Use by closing Your account. Provider may terminate these Terms of Use by notifying You in writing, including without limitation via text to Your mobile device.

10.3. Effects of Termination. Upon termination of these Terms of Use, You shall cease all use of the HNTR Platform. The following provisions will survive termination of these Terms of Use: Articles 6 (IP & Feedback), 7 (Disclaimers), 8 (Indemnification), 9 (Limitation of Liability), and 11 (Miscellaneous); and any other provision of these Terms of Use that must survive to fulfill its essential purpose.

11.1. Independent Contractors. The parties are independent contractors. Neither party is the agent of the other, and neither may make commitments on the other's behalf.

11.2. Notices & Infringement. Provider may send notices to You by email or by text to Your mobile device at the email address or mobile number You provided, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to these Terms of Use to Provider by email to info@hntr.world, and such notices will be deemed received 72 hours after they are sent.

11.3. Assignment & Successors. You may not assign these Terms of Use or any of Your rights or obligations under these Terms of Use without Provider's express written consent. Except to the extent forbidden in this Section 11.3, these Terms of Use will be binding upon and inure to the benefit of the parties' respective successors and assigns.

11.4. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms of Use invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms of Use is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Use will continue in full force and effect.

11.5. No Waiver. Neither party will be deemed to have waived any of its rights under these Terms of Use by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of these Terms of Usewill constitute a waiver of any other breach of these Terms of Use.

11.6. Choice of Law & Jurisdiction: These Terms of Use will be governed solely by Belgian law excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions (whether Belgian, foreign or international). All disputes that cannot be settled amicably shall be submitted to the jurisdiction of the courts of the judicial district of Antwerp, department of Turnhout (Belgium).

11.7. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of these Terms of Use to the extent caused by epidemics, acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party's reasonable control.

11.8. Entire Agreement. These Terms of Use sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

11.9. Amendment. Provider may amend these Terms of Use from time to time by posting an amended version at its website and sending You written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless You first give Provider written notice of rejection of the amendment. In the event of such rejection, these Terms of Use will continue under its original provisions for 30 days following the Proposed Amendment Date (unless either You or Provider first terminates these Terms of Use pursuant to Article 10, Term & Termination). Your continued use of the HNTR Platform following the effective date of an amendment will confirm Your consent to the Amendment. These Terms of Use may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions of this Section 11.9, Provider may revise the AUP at any time by posting a new version at Provider's website, and such new version will become effective on the date it is posted; provided if such amendment materially reduces Your rights or protections, notice and consent will be subject to the requirements above in this Section 11.9.