BAR TERMS OF USE

The BAR application for iOS and Android (the “App”), the website, and any additional services are offered by the company Pixplicity B.V. (referred to below as “Pix” or “we”/“us”). Your use of all these is subject to these Terms of Use.

1. Use of the App

  1. In order to use all the services by means of the App, you need to register by creating an account. You do that by means of the App. Once you have completed registration, you can use the service immediately. You can deactivate your account at any time. In order to register, you need to be 16 or older. If you are not, you need the consent of your parent or legal representative. By accepting these Terms of Use, you guarantee that you have obtained that consent. Pix may check this if necessary.
    • Accounts are personal. This means that you are not allowed to use another person’s account.
    • Registering an account is free of charge. However, some services may be subject to a fee, for example additional premium services. This will be indicated. Entering into a payment obligation always requires your explicit prior consent.

2. Your obligations as a user

As a user, you have the following obligations:

  1. You are required to protect access to your account with a phone number of your choice. Pix is not liable for any abuse of your account as a result of circumstances attributable to you.
    • When registering an account, you are obliged to provide your personal data, as requested, correctly, and truthfully. If that data changes, you must update it in the App.
    • If your account is deactivated by Pix, you are not permitted to create a new account without the prior written consent of Pix.
    • You must respect the measures taken by Pix to secure and protect its services, such as the App, and refrain from spreading or uploading viruses, malware, or other harmful code.
    • You indemnify Pix against all claims by third parties relating to content, information, or data that you have posted.

3. Intellectual property

  1. The App, the website, and the associated software – as well as all information, trade names and brands, and images in the App and website – are the intellectual property of Pix or its suppliers. Nobody is entitled to copy or use them without Pix’s written consent, other than to the extent necessary for normal use of the App or website, or if permitted by law.
    • Information that you publish yourself or save by means of the service belongs to you. By accepting these Terms of Use, you grant Pix a non-exclusive and unrestricted right to use that information, to the extent that doing so is not contrary to decency or privacy, or the rights of third parties.
    • Posted content and information may be removed by Pix, on its own initiative or at the request of a third party, if Pix believes that the Terms of Use have been contravened.
    • Repeated infringement of intellectual property rights may result in deactivation of your account.

4. Data processing

  1. Pix processes your personal data. If your consent is required for this, we will ask for it first.
    • You may edit or delete information that you publish, communicate, or save by means of the App. Deleted content may, however, remain in our backups for a reasonable period of time, but it will not be visible to other users.
    • You must not share another user’s sensitive information by means of the App without that user’s prior consent.

5. Pix’s rights

  1. Pix is entitled to take all available measures that it reasonably deems necessary in order to avert or prevent nuisance, loss/harm, or any other risk to the functioning of Pix’s computer systems, network, or the services provided via the Internet.
    • If these Terms of Use are contravened, Pix is entitled to take action to terminate the contravention. Pix is entitled, for example, to deactivate your account (temporarily or permanently), without prejudice to Pix’s other legal rights, such as the right to dissolve an agreement or the right to damages.

6. Community and content guidelines

  1. All behavior intended to offend or shock other users is prohibited.
    • Using Pix to support or promote criminal activities is prohibited.
    • Pix is entitled, at its sole discretion, to remove users from the platform.
    • Pix will proactively intervene to apply the community and content guidelines with the help of content moderators.

7. Other provisions

  1. Using the App requires an Internet connection. Please note that your telecom provider may change for usage. Pix has no control over this.
    • The App may be temporarily interrupted due to maintenance (either planned or unplanned), malfunctions, or force majeure situations.
    • Pix offers no guarantees regarding the availability or functionality of the App but will make every effort to ensure that the App is available and functions properly.
    • Pix is entitled to transfer some or all of its rights or obligations arising from these Terms of Use to a third party. You agree to that being done, with your agreement also qualifying, to the extent necessary, as cooperation. Such a transfer does not affect the validity of the Terms of Use.

8. Amendments to the Terms of Use

  1. Pix retains the right to amend or otherwise change all or any part of these Terms of Use at any time.
    • Significant amendments will be announced before they become effective so that you can take note of them and can decide whether to continue using our services/App.

9. Disputes

  1. The use of the App and other Pix services, and these Terms of Use, are governed by Dutch law. This choice of law does not affect the protection afforded to you by the mandatory law of your country of residence.
    • If you have a complaint or disagree with something, please contact Pix by emailing us at bar@welcometobar.com. We will then assist you in trying to find a solution.
    • If a complaint cannot be resolved by mutual agreement, you can submit any disputes to the competent court.
    • To the extent that we provide services in return for payment, we are obliged to inform you of the existence of the European online dispute resolution platform (see https://www.eccnederland.nl/nl/online-dispute-resolution-odr).

10. Contacting Pix

  1. If you have any questions and/or remarks regarding these Terms of Use you can contact Pix B.V. by email at bar@welcometobar.com.

These Terms of Use were most recently updated on 13 February 2023.