Terms of Use App

The following Terms of Use apply to the use of the Gametimer App. The App is offered by GT Enterprise BV

The capitalized terms in these Terms of Use (both singular and plural) have the following meaning:

1.1. Account: the personal account made available by GT Enterprise to the User for the use of the App and the web application.
1.2. App: the GT Enterprise application, called Gametimer App, with which the User can manage and view Gamer's playing times.
1.3. Gamer: the natural person for whom the User wants to manage the playing time by means of the Gametimer and Gametimer App.
1.4. User: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with GT Enterprise.
1.5. Terms of Use: the present terms and conditions.
1.6. Agreement: the agreement between the User and GT Enterprise on the basis of which the User can use the App and of which the Terms of Use form an integral part.
1.7. Party(ies): the parties to the Agreement, User and GT Enterprise, individually or jointly.
1.8. GT Enterprise: GT Enterprise BV, located at Vijfhuizenberg 42 in Roosendaal and registered with the Chamber of Commerce under number 78599342.
1.9. Website: the GT Enterprise website, www.gametimer.com, and any other (sub)domains.

2.1. The App can be downloaded by the User via the App Store and the Google Play Store.
2.2. The Agreement is concluded when the User accepts GT Enterprise's offer.
2.3. If the User has to pay for the App, this and the price are clearly described in the offer.
2.4. In order to use the App, the User must first register.
2.5. In addition to the provisions set forth below, Apple's App Store and Google Play may impose conditions on obtaining the App, using it, making in-app purchases and related matters.
2.6. The user must consult the Terms of Use and privacy statement of Apple's App Store, Google Play, and any applicable conditions on the website of the relevant provider.

3.1 The User can manage and view Gamer's playing times via the App. User is usually the parent or guardian of the Gamer. For this purpose, the User must link the App to the Gametimer product. The Gametimer and the App are expressly intended as a tool between User and Gamer, to teach gamers (children) to manage playing time themselves. There is no link between a console being played with and a console cannot therefore be turned off automatically after a playing time on the Gametimer has expired. It is the responsibility of the User and Gamer to 'listen' to the Gametimer.
3.2 In order to use the App, the User must first register and create an Account. For this purpose, the User must also enter Gamer details. Completing this information is necessary to use the Gametimer and the App. The User declares that he or she is authorized to enter this information about Gamer, for example to have parental authority over Gamer.
3.3 During the registration procedure, the User chooses a username and password with which to log in to the App after registration. The user is responsible for choosing a sufficiently reliable password. GT Enterprise is not liable for misuse of the login details and may always assume that a User who registers via the App is actually that User.
3.4 After registering and creating the Account, the User can set the playing times for Gamer, such as the number of hours Gamer may play per day and any breaks he or she must take between playing times. The App must then be linked to a physical Gametimer product. Every time Gamer starts playing, the Gametimer will indicate the status of Gamer's set playing time. User can set to receive notifications about this.
3.5 The User can also choose to take out a Premium account for the App for an (additional) payment. The additional functionalities the User obtains from this are clearly described in the relevant offer. This could, for example, consist of obtaining extensive statistics and graphs of Gamer's playing time. For example, the User can see whether gaming usage has increased or decreased over a certain period. Other functionality can be to compare Gamer's playing behavior with other gamers; for example, gamers of the same age in a different region. In addition, an additional functionality allows you to add multiple Users (for example, the other parent) as well as multiple Gamers (for example, another child from the family) to the App.
3.6 GT Enterprise makes every effort to ensure that information in the App is as complete and accurate as possible. However, GT Enterprise accepts no responsibility for damage in any way whatsoever caused by the use, incompleteness or inaccuracy of the information provided in the App.

4.1 It is prohibited to use the App and the Account in a manner that is contrary to the Terms of Use or applicable laws and regulations.
4.2 If GT Enterprise determines that the User is violating these terms and conditions or the law, or receives a complaint about this, GT Enterprise may intervene to end the violation. GT Enterprise may then block access to the relevant information or block access to the App for the User.
4.3 GT Enterprise is at all times entitled to report established criminal offenses and will cooperate with authorized orders. In addition, GT Enterprise is entitled to provide the name, address, IP address and other identifying data of the User to a third party who complains that the User is infringing its rights or these conditions, provided that:
a) it is sufficiently plausible that the information, considered in itself, is unlawful and harmful to the third party;
b) the third party has a real interest in obtaining the data;
c) it is plausible that in the specific case there is no less intrusive option to retrieve the data; and
d) the weighing of the interests involved means that the interest of the third party should prevail.
4.4 The User is obliged to follow all reasonable instructions from GT Enterprise relating to the use of the App.

5.1 User has the option to make purchases in the App, such as purchasing the Premium account. If payment is due for the App or in connection with an in-app purchase, GT Enterprise is dependent on the payment system of Apple's App Store and Google Play, including the underlying payment systems such as those of credit card suppliers. GT Enterprise is only obliged to effectuate the (in-)app purchases when this payment system has confirmed the payment.
5.2 If the User has paid for the App, and with regard to in-app purchases, the User acknowledges that there is no right to revoke the purchase under the Distance Selling Act.

6.1 GT Enterprise hereby grants the User, as the rightful acquirer of the App, a personal right of use (license) to use the App in the manner for which it is intended for the duration of the Agreement.
6.2 All rights to the App, the associated documentation and all changes and extensions thereto belong and remain with GT Enterprise. Nothing in this Agreement is intended to transfer intellectual property rights, including in any case copyrights, database rights, rights to domain names, trade name rights, rights to know-how, trademark rights, design rights, neighboring rights and patent rights.
6.3 GT Enterprise may take (technical) measures to protect the App. If GT Enterprise has taken such security measures, the User is not permitted to circumvent or remove this security.
6.4 User may make a backup copy of the App. However, the User may not use this backup independently or trade or distribute it other than in combination with the original App.

7.1 GT Enterprise will make every effort to adequately secure the App against misuse and unauthorized access to the User's data.
7.2 When using the App, personal data of the User himself, and of the Gamer data entered by the User, are processed. The processing of the (personal) data of the User and Gamer is necessary in order to use the App and the Gametimer and is therefore processed in order to implement the Agreement.

8.1 The data and details that the User enters via the App and the Account remain the property of the User. The User grants GT Enterprise a right of use for this data for the duration of the Agreement. The User can terminate this right of use by deleting the data and information or terminating the Agreement and requesting that the data and information be deleted.

9.1 The User is responsible for installation and commissioning of the App.
9.2 GT Enterprise strives to ensure that the App does not contain viruses, backdoors or malicious routines and strives to keep the App and the Website available as much as possible, but does not guarantee uninterrupted availability.
9.3 GT Enterprise has the right to change and maintain the App or any part thereof.
9.4 Maintenance and modification of the App and the Website by GT Enterprise may result in the App and/or the Website being temporarily out of use in whole or in part. GT Enterprise will make every effort to announce these restrictions in use in a timely manner.
9.5 GT Enterprise releases updates from time to time that may correct errors or improve the functioning of the App.
9.6 Available updates for the App will be announced via notification via Apple's App Store and Google Play, and it is the User's responsibility to keep up to date with these notifications. The updates are also carried out via this platform, which requires an active internet connection.
9.7 Installation of updates is done with separate permission from the User. For proper implementation of the updates, GT Enterprise is dependent on the availability of Apple's App Store and Google Play, over which GT Enterprise has no control. GT Enterprise is neither responsible nor liable for the correct implementation of the updates. There is no liability for damage resulting from errors that have been resolved in an update not installed by the User.
9.8 An update may impose conditions that deviate from the provisions of the Agreement. The User is always notified in advance and the User then has the opportunity to refuse the update. By installing such an update, the User agrees to these different terms and conditions, which will then form part of the Agreement.

10.1 The Gametimer and the App are expressly intended as a tool between User and Gamer, to teach gamers (children) to manage playing time themselves. There is no link between a console being played with and a console cannot therefore be turned off automatically after a playing time on the Gametimer has expired. It is the responsibility of the User and Gamer to 'listen' to the Gametimer. It goes without saying that it is also the responsibility of the User to teach Gamer how to handle gaming in a responsible manner.
10.2 GT Enterprise has no influence on the data that the User enters and stores in the App and has no influence on the way in which the User and Gamer interact with games. GT Enterprise therefore excludes its liability towards the User for damage due to failure to comply with the Agreement or due to unlawful actions.
10.3 Any limitation of liability does not apply in the event of intent or deliberate recklessness on the part of GT Enterprise.
10.4 GT Enterprise is in no way responsible for damage in any way whatsoever caused by the use, incompleteness or inaccuracy of the information provided in the App and on the Website.
10.5 No liability exists if this is the direct or indirect result of the incorrect functioning of Apple's App Store or Google Play.

11.1 GT Enterprise takes complaints and reports regarding the App very seriously. In case of questions, comments and complaints, the User can contact us via the appropriate contact options on the Website or via the contact details stated at the bottom of the Terms of Use. The user will receive confirmation of receipt of the complaint.
11.2 GT Enterprise will respond to complaints about the App as soon as possible, but no later than fourteen (14) days after receipt.

12.1 The Agreement is entered into for the period as described in the offer; usually for an indefinite period. The Agreement may be terminated by either the User or GT Enterprise at any time.
12.2 A Premium account usually has a specific period, which is also stated in the offer. This subscription for a Premium account can only be canceled by the User towards the end of the agreement and will otherwise be tacitly renewed for the same period. In that case, the user can cancel monthly.
12.3 A cancellation must be done as much as possible via the User's Account, insofar as this is possible. The User can in any case terminate the Agreement in the same manner in which the Agreement was concluded.
12.4 After termination of the Agreement (for whatever reason), the User must cease and desist all use of GT Enterprise. User must then delete all copies (including backup copies) of the App from all User systems.

13.1 GT Enterprise has the right to change or supplement these Terms of Use. GT Enterprise will announce the change or addition to the User by e-mail at least 30 days before it comes into effect.
13.2 If the User does not wish to accept the changes or additions, the User can submit a reasoned objection within 14 days after notification, after which GT Enterprise will reconsider the adjustment or addition.
13.3 If GT Enterprise decides to adhere to the change or addition, the User can terminate the Agreement.

14.1 GT Enterprise will store all data and information of the User for the duration of the Agreement. GT Enterprise will endeavor to provide a copy of this data and data at the User's request after the end of the Agreement.
14.2 The copy will be provided in a common file format to be determined by GT Enterprise.

15.1 Dutch law applies to the Agreement. This choice of law does not affect the protection that the User enjoys under the mandatory law of his place of residence.
15.2 Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where GT Enterprise is located.
15.3 If a provision in the Terms of Use proves to be void, this will not affect the validity of the entire Terms of Use. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible.
15.4 In the Terms of Use, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
15.5 GT Enterprise may transfer its rights and obligations under this Agreement to a third party who takes over the relevant business activities or the copyrights in GT Enterprise.

Contact details
If you have any questions, complaints or comments after reading these Terms of Use, please feel free to contact us.

GT Enterprise BV
Vijfhuizenberg 42
4708AL Roosendaal

Email: info@gametimer.com

Chamber of Commerce number: 78599342
VAT number: NL.8614.64.874.B01