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END USER LICENSE AGREEMENT

Last updated October 26, 2024

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Placestash Europe B.V. (the “Licensor”), located at Eindhoven, the Netherlands, is licensed to You (End-User) for use only under the terms of this License Agreement.

 

By downloading the Licensed Application from, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement, referred to in this License Agreement as “Services”.

 

The parties of this License Agreement acknowledge that the Services are not a Party of this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof, Placestash Europe B.V., not the Services, is solely responsible for the Licensed Application and the content thereof.

 

The License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest (“Usage Rules”). Placestash Europe B.V. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

 

The Licensed application when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. 

 

 

TABLE OF CONTENTS

 

  1. THE APPLICATION

  2. SCOPE OF LICENSE

  3. TECHNICAL REQUIREMENTS

  4. NO MAINTENANCE AND SUPPORT

  5. USER-GENERATED CONTRIBUTIONS

  6. CONTRIBUTION LICENSE

  7. LIABILITY

  8. WARRANTY

  9. PRODUCT CLAIMS

  10. LEGAL COMPLIANCE

  11. CONTACT INFORMATION

  12. TERMINATION

  13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

  14. INTELLECTUAL PROPERTY RIGHTS

  15. APPLICABLE LAW

  16. MISCELLANEOUS

 

1. THE APPLICATION

 

Placestash Europe B.V. is a piece of software created to enhance the travel experience by connecting users with places, activities, and other travelers - and customized for mobile devices (“Devices”). It is used to discover, save, and share travel recommendations and itineraries, allowing users to explore new destinations while interacting with a community of like-minded travelers.

 

2. SCOPE OF LICENSE

 

This License grants you, the End-User, a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Placestash Europe B.V. application ("the App") solely for personal, non-commercial purposes in accordance with the terms and conditions of this Agreement.

 

  1. Permitted Use:

    • You are authorized to install and use the App on compatible devices that you own or control, for the purpose of discovering, sharing, and organizing travel experiences.

  2. Restrictions:

    • You may not copy, modify, distribute, sell, or lease any part of the App, nor may you reverse-engineer, decompile, or attempt to extract the source code of the App, except where such restrictions are expressly prohibited by applicable law.

    • You are prohibited from using the App in a manner that is unlawful, harmful, or in violation of third-party rights, including but not limited to intellectual property, privacy, or data protection rights.

    • You may not sublicense, assign, or transfer the license to any third party without explicit written permission from Placestash Europe B.V.

  3. Duration:

    • This License is effective upon your acceptance of this Agreement and remains in effect until terminated. The License will terminate automatically if you fail to comply with any of the terms set forth in this Agreement. Upon termination, you must cease all use of the App and delete all copies of the App from your devices.

  4. Updates and Support:

    • Placestash Europe B.V. may, at its discretion, provide updates, patches, or enhancements to the App. These updates may be subject to additional terms and conditions. Placestash Europe B.V. is not obligated to provide maintenance or support services for the App under this License.

  5. Geographical Limitations:

    • This License is valid for use within the Netherlands and other countries where the App is legally available. You agree not to use the App in any country or territory where such use would violate local laws or regulations.

 

This License is governed by the laws of the Netherlands, excluding its conflicts of law rules.

 

 

3. TECHNICAL REQUIREMENTS

 

To use the Placestash Europe B.V. app effectively, your device must meet the following minimum technical requirements:

  1. Operating System:

    • The App is compatible with:

      • iOS version 13.0 or later

      • Android version 9.0 (Pie) or later

    • The App may not function correctly on jailbroken or rooted devices, and Placestash Europe B.V. does not provide support for such environments.

  2. Device Specifications:

    • The App requires a device with a minimum of 2GB RAM and a quad-core processor.

    • For an optimal experience, we recommend devices released within the past three years.

  3. Storage:

    • Minimum of 200 MB of free storage space is required for installation and regular updates.

    • Additional storage may be necessary for locally saved maps, photos, and offline data.

  4. Network Requirements:

    • A stable internet connection (Wi-Fi, 4G, or 5G) is required to access most features of the App, including map downloads, real-time updates, and social sharing.

    • Data charges from your mobile service provider may apply when using the App on cellular networks. Placestash Europe B.V. is not responsible for any data usage fees incurred.

  5. Permissions:

    • The App requires access to certain device features to function as intended, including:

      • Location Services: Required for mapping, navigation, and recommending nearby places.

      • Camera: For capturing and sharing photos directly within the App.

      • Storage: For saving images and downloaded content for offline access.

    • Users must enable these permissions to access all features of the App.

  6. Additional Software:

    • The App may require the latest version of Google Play Services (for Android) or other background services provided by the device manufacturer to ensure compatibility and functionality.

 

Failure to meet these technical requirements may result in limited functionality or an inability to use the App. Placestash Europe B.V. is not liable for any issues that arise from a device's inability to meet these technical specifications.

 

4. NO MAINTENANCE OR SUPPORT

 

4.1 Placestash Europe B.V. is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application. However, Placestash Europe B.V. generally strives to offer regular updates and respond to user inquiries for support.

 

4.2 Placestash Europe B.V. and the End-Use acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

5. USER-GENERATED CONTRIBUTIONS

 

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  9. Your Contributions do not violate any applicable law, regulation, or rule.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

 

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

 

 

6. CONTRIBUTION LICENSE

 

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

 

7. LIABILITY

 

To the fullest extent permitted by applicable law, Placestash Europe B.V. and its affiliates, officers, employees, agents, partners, and licensors disclaim all liability and responsibility for any loss, damage, or harm arising out of or relating to your use or inability to use the App, including, but not limited to, the following:

  1. No Indirect or Consequential Damages:

    • Under no circumstances shall Placestash Europe B.V. be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of data, business interruption, or any other commercial damages or losses arising out of or related to your use of or inability to use the App, regardless of the theory of liability (contract, tort, or otherwise) and even if Placestash Europe B.V. has been advised of the possibility of such damages.

  2. Limitation of Direct Damages:

    • In jurisdictions where the exclusion of indirect or consequential damages is not permitted, Placestash Europe B.V.'s liability to you for any damages arising from or related to this Agreement (whether in contract, tort, or otherwise) shall not exceed the amount you paid, if any, to access or use the App within the twelve (12) months preceding the claim.

  3. User-Generated Content:

    • Placestash Europe B.V. is not liable for any content, data, or information shared by users of the App. You assume full responsibility for any content you upload, share, or access through the App and any consequences arising from such actions.

  4. Data Security and Privacy:

    • While Placestash Europe B.V. endeavors to implement security measures to protect user data, we do not guarantee that the App will be completely secure or free from vulnerabilities. You acknowledge that you use the App at your own risk and that Placestash Europe B.V. is not liable for any data loss, theft, or unauthorized access resulting from security breaches.

  5. Third-Party Services and Content:

    • The App may contain links or integrations to third-party services or content. Placestash Europe B.V. is not responsible for the availability, accuracy, or content of these third-party services, nor does it endorse or assume liability for any third-party content or services accessed through the App.

  6. Jurisdiction-Specific Limitations:

    • Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such cases, the above limitations may not apply to you, and Placestash Europe B.V.'s liability will be limited to the maximum extent permitted by applicable law.

 

By accepting this Agreement, you acknowledge and agree that Placestash Europe B.V.'s liability is limited as described above, and that you assume full responsibility for any risks associated with using the App.

 

 

8. WARRANTY

 

8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

 

8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Placestash Europe B.V.’s sphere of influence that affect the executability of the Licensed Application.

 

8.3 You are required to inspect the Licensed Application immediately after installing it and notify Placestash Europe B.V. about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 14 days after discovery.

 

8.4 If we confirm that the Licensed Application is defective, Placestash Europe B.V. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

 

8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

 

8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 

 

9. PRODUCT CLAIMS

 

Placestash Europe B.V. and the End-User acknowledge that Placestash Europe B.V. and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

 

(i) product liability claims;

 

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

 

(iii) claims arising under consumer protection, privacy, or similar legislation.

 

 

10. LEGAL COMPLIANCE

 

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

 

11. CONTACT INFORMATION

 

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: contact@placestash.com.

 

12. TERMINATION

 

The license is valid until terminated by Placestash Europe B.V. or by You. Your rights under this license will terminate automatically and without notice from Placestash Europe B.V. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

 

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

 

Placestash Europe B.V. represents and warrants that Placestash Europe B.V. will comply with applicable third-party terms of agreement when using Licensed Application.

 

In accordance with Section 9 of the "Instructions for Minimum Terms of Developer’s End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

 

 

14. INTELLECTUAL PROPERTY RIGHTS

 

Placestash Europe B.V. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Placestash Europe B.V. and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

 

15. APPLICABLE LAW

 

This License Agreement is governed by the laws of the Netherlands excluding its conflicts of law rules.

 

16.MISCELLANEOUS

 

16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

 

16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

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