About Time Holding B.V., About Time Software B.V. and About Time B.V. trading as About Time (hereinafter AT, we, us or our) has a website (www.about-time.eu), a webshop, an Online Condolence Register and an application. About Time Holding B.V. has its registered office and place of business at 2405 AE Alphen aan den Rijn at Hazeveld 16, registered with the Chamber of Commerce under number 83109439.

The use of the mobile application called "About Time" (hereinafter referred to as "AT") and the web application (hereinafter referred to as "Web Application") is subject to the following T&Cs/General Terms and Conditions (hereinafter referred to as "Terms of Use").

The Application enables Users (hereinafter: "Users") to use the Application to organize and record their wishes concerning their farewell and estate in the broadest sense.

Through the Application, it is possible to provide information and access to data of the deceased User to the Trusted Persons assigned by User after death.

These agree:

Article 1. Definitions

Capitalized terms used in the Terms of Use shall have the following meanings.

1.1. Account: the personal account of User with which he or she accesses the Services.

1.2. Action Conditions: conditions applicable to a specific action offer.

1.3. App: mobile application that provides User with access to use the Service via an online connection.

1.4. Application: the App and the Web Application jointly.

1.5. Gift Card: A card provided by AT directly or via Resellers to the User, called: "Gift Card", to which a Credit is linked by the User upon purchase of the card.

1.6. Data Storage Credit: Amount of data used by User for Service.

1.7. Service(s): the provision of a right to use the Application (which enables User to organize and record wishes concerning farewell and estate) and the additional services agreed in these Terms of Use.

1.8. User: any natural person using the Application.

1.9. Terms of Use: the present document.

1.10. Conversation Starters: Physical or digital cards with questions/statements that help people start the conversation.

1.11. Intellectual Property Rights: all intellectual property rights including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.

1.12. Agreement: the agreement between AT and User pursuant to which AT will provide (or cause the provision of) the Services to User and of which the Terms of Use form an inseparable part.

1.13. Party(ies): AT and User together or separately.

1.14. Balance: the balance of the remaining Credit.

1.15. Written: communication in writing, including communication by e-mail or via the Account provided that the identity of the sender and integrity of the content is sufficiently established.

1.16. Credit: the value in time or amount of data linked to the use of Service.

1.17. Confidant: the natural person designated by the User via the Application to view all data entered by the User in the Application, whereby the rights are determined by the User. The User separately indicates which Confidant may register in the Application that the User has lost his or her legal capacity or has died. A Confidant is only recognized as such designated when it has accepted the role of fiduciary through the Application to User.

1.18. Value: the value in time or amount of data associated with (the unique code of) the 'Gift Card' or 'Data Storage Credit Card' and stored in AT's central account records, with which the User can purchase Service against the Balance stored in the central account records.

1.19. Web Application: the web application that provides User with access to use the Service via the Website.

1.20. Website: the website of AT, accessible via the domain: www.about-time.eu, including associated subdomains such as the web shop, the condolence register and the newsletter.

2.1. In order to use the Services, User must be in possession of a device with which User can invoke the Application. If User wants to use AT's App then User can download it from the App Store or Google Play store.

2.2. User obtains access to the Application by creating an Account and logging in with it. It is the responsibility of the User that a strong password is always chosen for this purpose.

2.3. User can create an Account via the Application. An Account and the login data are strictly personal and may not be shared with another person. User must keep the login details secret.

2.4. If login details of an Account are lost or leaked, User shall immediately take all measures reasonably necessary and desirable to prevent misuse of the Account. These measures may include, for example, changing the password. The User will also immediately report this to AT so that any additional measures can be taken to prevent misuse of the Account.

3.1. AT offers a '14-day free trial' and a paid 'Account'. Both during the '14-day free trial period' and during a paid Account, the user has access to all functionalities the App has to offer, provided the user has sufficient Balance.

3.2. These Terms of Use apply to both the '14-day free trial' and a paid 'Account', unless otherwise agreed in these Terms of Use.

3.3. If the User is a Trustee only, no fee is payable.

3.4. The App is provided to User free of charge via the App Store and/or Google Play Store.

3.5. User can purchase a Credit for the Service and thereby increase the Balance via in-app purchases in the app and/or online via the web shop. All prices are in euros and inclusive of taxes.

3.6. If User has insufficient Balance, Service will not be available to User. AT informs the User prior to the 0 Balance of the depletion of the Credit, so that the User can buy additional Credit and increase the Balance in time.

3.7. User has until 1 month after reaching 0-Balance to purchase additional Credit and increase Balance. After this month, all User's data will be removed from Application and AT has the right to terminate the agreement.

4.1. The following use of the Services by User is expressly not permitted:

1. use involving inappropriate, insulting, discriminatory, racist, threatening, defamatory, hateful or otherwise unlawful content.
2. storing (privacy-sensitive) data of third parties;
3. infringing the rights of third parties, including but not limited to Intellectual Property Rights of third parties;
4. use for purposes other than for arranging the parting and estate of User.
5. any use contrary to laws and regulations.

4.2. If User violates the said provisions in the Terms of Use, AT reserves the right to take appropriate measures, including in any way (temporarily) terminating the Service and taking legal action against User, such as recovering any damages caused by the violation

5.1. Through the Application, User grants one or more Confidants access to his/her Account and all data entered by User in the Application. Per Confidant, User gives that access if User is still alive, if User is no longer able to exercise his/her will and/or if User is deceased.

5.2 A Confidant designated by User must register in Application as User.

5.3. The User separately indicates which Confidant may register in Application that the User has lost his or her legal capacity or has died.

5.4. AT has no access to the User's Account and all data entered in the Application by the User.

6.1. AT aims to keep the Application available as much as possible, but cannot guarantee uninterrupted availability.

6.2. AT is entitled to temporarily put the Application or parts thereof out of operation for the purpose of maintenance (planned and unplanned), modification or improvement thereof.

6.3. If in AT's opinion there is a danger for the functioning of the computer systems or the network of AT or third parties, for example in case of a (d)dos attack or malware activities, AT is entitled to take all measures it reasonably considers necessary to avert the danger and limit or prevent damage. This may result in limited availability.

6.4. The use of Application requires an active internet connection.

6.5. AT may from time to time at its sole discretion adjust the functionality of the Services in order to improve the Services. Such modification may also mean that certain functionalities may be discontinued.

6.6. AT will provide a reasonable level of support to the paying User regarding questions about the use and management of the Services, as well as technical problems related to the Services.

6.7. The support as described in the previous paragraph is offered via our frequently asked questions and via the helpdesk form during normal business hours. AT aims to handle helpdesk requests within a reasonable period of time. The time required to resolve reports may vary.

6.8. In the unlikely event that AT's services can no longer be continued, AT will make the data already entered by the user available for download for a maximum of 30 days. We will inform users and their trustees, where appropriate, about this by email. Further claims and/or any compensation do not apply.

7.1. AT releases updates from time to time which may fix errors or improve the functioning of the App.

7.2. Available updates for the App will be made known via notification along the App Store and Google Play store, where it is your responsibility to keep track of these notifications. Updates will also be made via this platform; this requires an active internet connection.

7.3. The installation of updates shall only take place with your separate prior consent. For a proper execution of the updates AT depends on the availability of the App Store and Google Play, over which AT has no control. AT is neither responsible nor liable for the correct implementation of the updates. No liability exists for damages resulting from errors remedied in an update not installed by the User.

8.1. Nothing in these Terms of Use shall be construed as a transfer of Intellectual Property Rights from AT to User, Visitor or others. All Intellectual Property Rights relating to the Service remain the exclusive property of AT and/or its licensors, unless expressly provided otherwise in these Terms of Use or in an Agreement between the Parties.

8.2. AT hereby grants the User the right to use the Service, which is limited to the Credit purchased by the User for the duration of the Agreement. All licenses granted by AT are non-exclusive, non-sub-licensable and non-transferable.

8.3. User has no right to the source files of the Services, except in the cases where this is mandatory by law or AT has given written consent to User.

8.4. User shall not perform any acts that may infringe the Intellectual Property Rights of AT and/or its licensors.

8.5. Information that User stores or processes through the Service is and shall remain your property (or that of your suppliers). AT hereby acquires a limited right to use such information for the Service, including for future aspects thereof.

8.6. AT will not take cognizance of data that the User stores and/or disseminates via the Application, unless this is necessary for the proper provision of services or AT is obliged to do so pursuant to a statutory provision or court order. In that case AT will make every effort to limit the access to the data as much as possible, as far as this is within its power.

9.1. With regard to the User during the 14-day free trial period AT's liability for damage or claims based on an attributable breach of contract, a wrongful act or on any other ground any form of damage is completely excluded.

9.2. With regard to a User who has a Credit, AT's liability for damage or other claims based on an attributable failure in the performance of the agreement, a wrongful act or on any other ground is limited per event (whereby a series of related events counts as one event) to the last purchased and paid Credit up to a maximum of once € 149,99.

9.3. Any limitation or exclusion of liability agreed between the Parties does not apply if and insofar as (i) the damage is the result of intent, deceit, fraud or deliberate recklessness on the part of the Party causing the damage, (ii) the damage is the result of death or physical injury, or (iii) the limitation or exclusion would otherwise violate applicable law or regulation.

10.1. If AT processes personal data in the provision of Services, the User guarantees to AT that the processing of personal data does not infringe any right of a third party and is not unlawful within the meaning of the applicable privacy laws and regulations.

10.2. When using the Service, personal data of Users are processed. Consult the privacy statement in the Application or on the Website for more information.

10.3. AT will adequately protect the Service against misuse and unauthorized access to your data. The user can request further information about this from AT.

11.1. The Agreement starts when you actively use a prepaid bundle for the first time. By active use we mean purchasing a pre-paid bundle in the App and/or entering the unique code on the gift card or data storage credit card in the redeem portal (whereby you use your Credit) or topping up the Prepaid credit via the App or via the redeem portal.

11.2. The gift card has an issue and expiration date. Before this expiration date, you must activate the unique code on your Prepaid card by entering that unique code in the portal and linking it to your Account. Otherwise, you will no longer be able to use the card and the Prepaid credit will expire without you being compensated for this.

11.3. You will be informed at various times if your credit is in danger of running out. You can then choose to increase your Balance by purchasing additional Credit. If your Balance runs out, you can no longer use the Service. You then still have 30 days to purchase Credit and increase your Balance. After that 30-day period, your Account will be cleared and all your entered data will be deleted. The Agreement will then be terminated.

12.1 AT reserves the right to unilaterally amend or change the Terms of Use. In such a case, AT will inform the Users of this, for example by means of a pop-up within the App. Before the Users can continue using the App and the AT Services, the User must agree to the changes in the Terms of Use. If the User does not wish to agree to the proposed adjustment(s), the User has the right to cancel the agreement with AT at the time when the intended change comes into effect.

12.2. Use of the Service by the User after the date of entry into force constitutes acceptance of the amended or added terms of use.

13.1 These Terms of Use contain all agreements made between the parties regarding the use of the App and the Services. If one or more of the provisions in these Terms of Use prove to be (partially) void or voidable, the other provisions will remain in full force. In such a case, AT will replace the void or voidable part of the Terms of Use with provisions that are valid and whose legal consequences, given the content and scope of these Terms of Use, correspond as much as possible to those of the void or voidable part.

13.2 Failure by a party to exercise any right or to exercise any legal remedy does not constitute a waiver of that right or legal remedy.

13.3 Any verbal promises and agreements have no effect unless they have been confirmed in writing by both parties.

13.4 These Terms of Use are governed by Dutch law. Disputes arising between AT NL and third parties as a result of the Terms of Use will be submitted to the legally competent court in The Hague.

4 March 2024 * under reserve of all rights and defences of AT