Terms & Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

• ‘User’: a natural or legal person, or the intermediary or representative acting on behalf of this person, who enters into an Agreement with Touchpix BV for the use of Gruvy.
• ‘Services’: the offer and use of the Gruvy application and associated functionalities.
• ‘Agreement’: the legal relationship between the User and Touchpix BV, in the broadest sense.
• ‘Application’: the Gruvy software application.
• ‘Website’: https://getgruvy.com/
• ‘Account’: the personal section that the User creates and manages in the Application or the Website.
• ‘Device License’: Gruvy License that allows the user to activate and use the application on a determined number of devices.
• ‘Touchpix BV’: The legal entity owning Gruvy. The registration number is Touchpix, which is a private limited liability company with its registered office in Veenendaal (Chamber of Commerce number: 75570726).

Article 2 – Applicability of the General Terms and Conditions

• These General Terms and Conditions apply to all offers and agreements of Touchpix BV and/or between the User and Touchpix BV related to the Gruvy Application.
• The applicability of any general terms and conditions of the User is explicitly excluded.
• If one or more provisions of these General Terms and Conditions are contrary to a legal provision or otherregulation, the remaining provisions will remain in effect.

Article 3 – Duration of the Agreement

• The Agreement is entered into for the term agreed for the subscription between the User and Touchpix BV.
• The Agreement ends by operation of law as soon as the agreed term expires.
• The duration of the Agreement for a defined period of time will be extended by the originally agreed period of time or by the time agreed in the subsequent Agreement, unless canceled in accordance with the terms.

Article 4 – Provision of Services

• Touchpix BV provides its Services with due care and to the best of its knowledge and belief. All Services provided by Touchpix BV are performed on the basis of a best-efforts obligation, unless and to the extent that Touchpix BV has explicitly promised a result in the written Agreement and the result in question has been described in the Agreement with sufficient precision.
• Touchpix BV is committed to ensuring that the application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the application or to charge for its services, at any time and for any reason. We will not charge you for the application or its services without making it very clear to you exactly what you are paying for.
• Touchpix BV is not liable for any damage suffered or costs incurred as a result of the use or misuse of access or identification codes, certificates or any other security measures, unless the misuse is the direct result of any intent or deliberate recklessness on the part of Touchpix BV’s management.
• The risk of loss, theft, misappropriation or damage of goods, information (including usernames, codes and passwords), documents, software or data files that are created for, delivered to or used by the User in the context of the execution of the Agreement passes to the User at the time they are placed under the actual control of the User or an auxiliary of the User.
• Touchpix BV does not guarantee that the Service is free of errors and functions without interruptions.
• Touchpix BV makes every effort to repair any errors in the underlying software within a reasonable period if and to the extent that it concerns underlying software developed by Touchpix BV itself and the User has provided Touchpix BV with a detailed written description of the relevant errors.
• The User will ensure that they have the necessary facilities to use the Service.
• Touchpix BV may continue to provide the Service using a new or modified version of the underlying software.
• Touchpix BV is not obliged to maintain, modify or add particular features or functionalities specifically for the User.
• Touchpix BV may temporarily take the Service or part of it out of service for preventive, corrective or adaptive maintenance services or other forms of service.
• Touchpix BV ensures that the period of time during which the Service is out of operation is not longer than necessary and ensures, wherever possible, that the service is carried out at times when the Service is usually used less intensively.

Article 5 – Use of the application by the User

• Use of Gruvy by the User is initially free of charge. The User may use the app without logging in. The videos taken during the trial Event will have a ‘DEMO’ watermark, and the generated files cannot be shared through the application.
• The User downloads the application and, by doing so, agrees to these General Terms and Conditions.
• The User also accepts Touchpix BV’s privacy statement.
• It is the User’s responsibility to keep their phone/device and access to the application secure. Therefore, we recommend that you do not jailbreak or root your device, as this could make it vulnerable to malware/viruses/malicious programs, compromise your device’s security features and could mean that the Gruvy application does not function properly or at all.
• The User is responsible for providing clear and correct instructions to people who interact with the software at the User’s events.
• User is responsible for providing clear and correct instructions to users of User’s video booth. This includes, but is not limited to, the fact that users of the video booth are informed about the automatic synchronization, to the Touchpix BV Server, of the photos and/or videos taken to the app and the Agreements regarding privacy.
• The User’s Account is strictly personal and cannot be shared or transferred to third parties.
• The User must obtain explicit consent from attendees before allowing them to be photographed or recorded, ensuring compliance with applicable data protection regulations. Touchpix BV is not responsible if attendees are not properly informed.
• The User is responsible for choosing the precise settings for the application in relation to applicable national and international privacy legislation.

Article 6 – Licenses and Activation

• The User can acquire a Gruvy License to activate and use the full functionalities of Gruvy app on one or more devices. The maximum amount of devices is defined on the terms of the license acquired.
• The User guarantees to Touchpix BV that the information provided during the application is correct, complete and up-to-date.
• The User is responsible for providing correct and complete information and for adjusting and/or supplementing the information if it is no longer correct.
• The User acknowledges and understands that the correctness, timeliness and completeness of the information provided is essential for the Services to function optimally.
• Any purchase of a license in the name of another person without authorization is prohibited.
• A license is activated within a reasonable period of time after the Agreement has been concluded and payment has been made.

Article 7 – Payment

• All amounts indicated in the Website are in US dollars and does not include VAT, unless stated otherwise.
• All prices must be paid in the currency in which they are indicated.
• If the User consists of several natural and/or legal persons, each of these persons is jointly and severally liable for compliance with the Agreement.
• Touchpix BV does not guarantee that all additional costs are indicated, nor can it be held liable if additional costs need to be paid at a later time.
• The User pays to obtain a valid license, which will be necessary for the activation and continued use of the application on the devices.
• Payment is made through Credit Card through the Website.
• The User is free to select the available option. Touchpix BV does not otherwise participate in the direct processing of the payment. Stripe coordinates the payment.
• Touchpix BV may withhold all information, documents, software and/or data files received or created in the context of the Agreement, despite an existing obligation to deliver or transfer them, until the User has paid all sums due to Touchpix BV.
• Touchpix BV is entitled to demand advance payment before execution.
• If an advance payment is not made or is not made on time, Touchpix BV will be entitled to suspend its execution, without prejudice to its other rights.
• Touchpix BV will not be liable for any loss arising for the User as a result of such suspension.
• If the User has not paid within the applicable payment period, the User will be in default by operation of law and the Contractor will be entitled to charge statutory (commercial) interest from that moment.
• If the User has not paid within the applicable payment period, the User will be required to reimburse all judicial and extrajudicial (collection) costs actually incurred by the Contractor. The reimbursement of costs incurred will not be limited to any order for costs issued by a court.

Article 8 – Liability

• Certain functions of the application will require the application to have an active internet connection.
• The connection can be Wi-Fi or provided by your mobile network provider, but Touchpix BV cannot take responsibility for the application not working at full functionality if you do not have access to Wi-Fi and you do not have any of your data allowance left.
• If you use the application outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, your mobile provider may charge you for the cost of data for the duration of the connection while accessing the application, or other third-party charges.
• In using the application, you are accepting responsibility for any such charges, including data roaming charges if you use the application outside of your home territory (i.e., region or country) without turning off data roaming.
• If you are not the bill payer for the device on which you are using the application, please be aware that we assume that you have received permission from the bill payer for using the application.
• Touchpix BV cannot always take responsibility for the way you use the application, i.e., you need to make sure that your device stays charged; if it runs out of battery and you can’t turn it on to make use of the Service, Touchpix BV cannot accept responsibility.
• Although we strive to ensure that it is correct and up to date at all times, we do rely on third parties to provide us with information so that we can make it available to you.
• Touchpix BV accepts no liability for any loss, either directly or indirectly, you experience as a result of relying wholly on this functionality of the application.
• Touchpix BV is not responsible if the User in any way suffers damage or loss as a result of improper functioning of the application or loss of the recorded data.
• Touchpix BV does not guarantee that the application and/or the Services will always be accessible without interruptions or failures.
• Touchpix BV is in no way liable, nor liable for compensation, to the User for any damage or loss arising from or resulting from the application and/or the Services being (temporarily) unavailable, malfunctioning and/or not functioning properly.
• Touchpix BV is not liable for any damage or loss resulting from the non-receipt or late receipt of electronic messages or other communications.
• Touchpix BV is not liable for any indirect damage or loss, including, but not limited to, consequential damage, lost profit, lost savings and losses due to business interruption.
• Touchpix BV is not liable for the non-fulfillment or late fulfillment of its obligations if this is caused by force majeure as referred to in Article 9 of these General Terms and Conditions.
• Any and all claims by the User due to a failure on the part of Touchpix BV will lapse if they have not been submitted to Touchpix BV in writing, stating the reasons, and within after the User became aware, or could reasonably have been aware, of the facts on which they base their claims.
• The User indemnifies Touchpix BV against any third-party claims related to the Services or the use of the application by the User.
• The limitation of liability does not apply in case of intent or deliberate recklessness on the part of Touchpix BV.
• This provision does not exclude liability to the extent that liability cannot be limited or excluded by law.
• Touchpix BV is not responsible for any content that is captured or processed using the Gruvy application.
• Touchpix BV’s liability is at all times limited to compensation for direct damage that is a direct result of an attributable (connected series of) failure(s) in the performance of the Agreement.
• This liability is limited to the amount paid out by Touchpix BV’s liability insurer in the specific case, plus any deductible borne by Touchpix BV under the insurance.
• If, for whatever reason, the liability insurer does not proceed to payment, Touchpix BV’s liability will be limited to the amount of the fee charged for the Agreement License. Under no circumstances will the total compensation of the loss under this paragraph amount to more than $ 2499.99 per attributable failure.

Article 9 – Force Majeure

• Force majeure is understood to mean all external causes, beyond Touchpix BV’s control or fault, which result in the timely, complete or correct performance of its Services being impossible.
• The force majeure referred to in the previous paragraph includes, but is not limited to: non-performance by a third party, illness of staff of Touchpix BV itself or a third party, abnormal weather conditions, interruptions in the supply of water and energy, strikes, serious malfunctions in Touchpix BV’s systems, as well as any other breach of contract by engaged third parties, fire, floods, natural disasters, riots, war or other internal civil disturbances.
• In a situation of force majeure, the execution of the Services will be suspended for the duration of this situation.
• If a force majeure situation lasts longer than thirty days, either party has the right to terminate the Agreement, in writing, for breach. In such a case, everything that has already been executed under the Agreement must be paid for proportionally, without either party owing anything further to the other party.

Article 10 – Server and Data

• The Gruvy application stores and processes the personal data that you have provided to us to provide our Service. The data is stored on US servers and comply the US Data Privacy Laws.
• It is your responsibility to keep your phone and access to the application secure.
• User videos will be retained and stored by Touchpix BV for a year (1 year) since these were uploaded to the Amazon server. These are not shared with other third parties.
• Touchpix BV will delete the User’s videos from any online server provided by Touchpix BV after the period mentioned in the previous paragraph has elapsed.
• The User can ask Touchpix BV to delete their account or related data from the server, overriding the previous statements.
• Data relating to the User’s payment will be retained and stored by Touchpix BV for a period of 82 months after termination of the agreement, in accordance with legal obligations.
• The Agreement does not include the making and/or keeping of backup copies of the User’s data by Touchpix BV, unless specified otherwise.

Article 11 – Transfer of rights and obligations

• The User’s subscription/license is strictly personal and must be kept confidential.
• It cannot be transferred to any other natural and/or legal person without the prior written consent of Touchpix BV.
• The User is not entitled to sell, transfer or pledge its rights and obligations under any Agreement with Touchpix BV to a third party.
• Touchpix BV is entitled to sell, transfer or pledge any claims it has on payment of any sum due to a third party.

Article 12 – Licensing

• Touchpix BV offers licenses on its Website. These subscriptions are linked to the User’s account.
• With a Gruvy subscription, activations can be performed on 4 devices simultaneously unless specified otherwise on the product description.
• The necessary data of the device, such as unique device identifier, will be stored, which allows Touchpix BV to monitor the number of activations/positions in progress.
• This data will be removed from Touchpix BV’s server once the specific device logs out of the active session.
• The Gruvy subscription is exclusively associated with the User and cannot be transferred to another User, natural or legal person.
• Any activity on the Account that does not use the same branding is not permitted and will be regarded by Touchpix BV as abuse of the Account.

Article 13 – Sharing of accounts/licenses

• If Touchpix BV has a reasonable suspicion (based on IP use, device identifier or other) that the User’s Account and/or license is being used, shared and/or transferred by or between multiple users/devices beyond the terms of the license acquired, Touchpix BV will immediately inform the User of this and may deactivate the account/license.
• When the User does not refute Touchpix BV’s reasonable suspicion and/or evidence that any third party continues to use or has been using the account and/or license improperly, Touchpix BV has the right to terminate the User’s Account, License and/or Services with immediate effect, without the User being entitled to any reimbursement of amounts already paid or of amounts still to be paid for the relevant subscription.
• In such cases, the User will also legally incur a default as a result of the continued abuse. Touchpix BV will charge a penalty of $500 for each finding and for each day that the abuse continues, if applicable, without prejudice to Touchpix BV’s other rights under the law or this Agreement, such as Touchpix BV’s right to terminate the Agreement.

Article 14 – Privacy and Data

• The User is fully responsible for the data they process when making use of a Service provided by Touchpix BV.
• The User guarantees towards Touchpix BV that the content, use and/or processing of the data are not unlawful and do not infringe any third-party rights.
• The User indemnifies Touchpix BV against any third-party claim instituted, for whatever reason, in connection with this data or the execution of the Agreement.
• The User indemnifies Touchpix BV against any claim from persons whose personal data are or have been processed and whose processing the User is responsible for in accordance with the law, unless the User demonstrates that the facts on which a claim is based are attributable to Touchpix BV.
• If, following a request or a legally issued order from a public authority or in the context of a legal obligation, Touchpix BV should perform activities with regard to any data of the User, the User’s employees or users, any costs involved in this may be charged by Touchpix BV to the User.
• If Touchpix BV performs activities for the User as a processor within the meaning of the rules and regulations relating to the protection of personal data, the following paragraphs also apply.
• Touchpix BV processes the personal data on behalf of the User. Some information is shared to third parties such as Twilio to coordinate the sharings performed through the Gruvy application.
• Touchpix BV is the processor within the meaning of the Privacy Laws and, for that reason, has no control over the purpose and means of the processing of the personal data and therefore does not make any decisions about, among other things, the use of the personal data.
• The User guarantees towards Touchpix BV that it acts in accordance with the Privacy Laws, that its systems and infrastructure are adequately secured at all times and that the content, use and/or processing of the personal data are not unlawful and do not violate any rights of third parties.
• Within one month from the moment the processing Agreement ends, Touchpix BV will delete all personal data received from the User that it has in its possession in such a way that they can no longer be used and are made inaccessible.

Article 15 – Confidentiality

• The User and Touchpix BV guarantee that confidentiality will be observed with regard to all information received from the other party of which the receiving party is aware that it is confidential. This prohibition does not apply if and to the extent that the information in question must be provided to a third party in compliance with a court decision, a legal requirement, a legal order from a public authority or for the proper execution of the Agreement. The party receiving the confidential information may only use it for the purpose for which it has been provided. Information will in any case be considered confidential if it has been designated as such by either party.
• The User acknowledges that the software made available by Touchpix BV is always of a confidential nature and that this software contains trade secrets of Touchpix BV and its licensors or the producer of the software.

Article 16 – Intellectual Property

• You must not copy, modify the application, any part of the application, or our trademarks in any way.
• You must not attempt to extract the source code of the application, and you also should not attempt to translate the application into other languages or create derivative versions.
• The application itself, and all trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Touchpix BV.
• All intellectual property rights to software, websites, data files, databases, hardware, as well as other materials such as analyses, designs, documentation, reports, offers, including preparatory materials for these materials, developed or made available to the User under the Agreement, will remain the exclusive property of Touchpix BV, its licensors or its suppliers.
• The User is only granted the rights of use explicitly established in these general terms and conditions, in the Agreement concluded by the parties in writing and in mandatory applicable legal provisions.
• A right of use granted to the User is non-exclusive, non-transferable, non-pledgeable and non-sublicensable.

Article 17 – Purchase of virtual products

• Products that are purchased from the Gruvy webshop can be returned to Touchpix BV within 21 days of receipt, and will be refunded within 14 days after Touchpix BV has received the Product.
• Any costs relating to returning a Product to Touchpix BV are borne by the User.
• Refund policy: Gruvy subscriptions are non-refundable.
• The online storage that comes with the User’s subscription is only for the duration of the subscription, even if the User decides to cancel it.

Article 18 – Updates and Termination

• From time to time, we may wish to update the application. The application is currently available on iOS – the system requirements (and for any additional systems to which we decide to extend the availability of the application) may change, and you’ll need to download the updates if you want to keep using the application.
• Touchpix BV does not promise that it will always update the application so that it is relevant to you and/or works with the version of the operating system that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the application, and may terminate use of it at any time without giving notice of termination to you.
• Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the application, and (if needed) delete it from your device.
• Either party is exclusively entitled to terminate the Agreement for breach after an attributable failure by the other party to fulfill its obligations under the Agreement if the other party, in all cases after having been given written notice of default that is as detailed as possible and in which the other party is given a reasonable period to remedy the breach, still culpably fails to fulfill any of its essential obligations under the Agreement.
• The User’s payment obligations and all obligations of the User or a third party engaged by the User to cooperate and/or provide information apply in all cases as essential obligations under the Agreement.
• If, at the time of termination for breach, the User has already received goods or Services relating to the Agreement, this performance and the related payment obligations cannot be undone unless the User proves that Touchpix BV is in default with regard to the essential part of the performance owed.
• With due observance of the provisions of the previous sentence, sums invoiced by Touchpix BV before the termination for breach in connection with what has already been properly performed or delivered in the execution of the Agreement will remain fully payable and will be immediately due and payable at the time of the termination for breach.
• Either party may terminate the Agreement in writing, in whole or in part, without notice of default and with immediate effect, if the other party is granted a suspension of payments, whether provisionally or not, a bankruptcy petition is filed against the other party or the other party’s company is liquidated or dissolved for reasons other than restructuring or a merger of companies.
• Touchpix BV will never tolerate the use of specific functionalities by Users making purchases from a country other than their own with the intention of obtaining an undue advantage. Such actions constitute a breach of these Terms and Conditions.

Article 19 – Changes to these Terms and Conditions

• We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page or by notification in the app/email.

Article 20 – Miscellaneous

• Any complaints about the Services provided by Touchpix BV can be sent by emailing [email protected].
• If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected].

Article 21 – Applicable Law and Competent Court

• The legal relationship(s) between Touchpix BV and the User is/are governed by the law of The Netherlands. The applicability of the Vienna Convention of 1980 (United Nations Convention on Contracts for the International Sale of Goods (CISG)) is excluded.
• All disputes arising between Touchpix BV and the User will be resolved by the competent court in the district where Touchpix BV has its registered office.