Terms & Conditions
These Terms of Service (these “Terms and conditions”) explain how you can use the MyBoard mobile app, websites, services and software (collectively “MyBoard”), provided by Lionn, (“Lionn,” “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access MyBoard and myboard.lionn.nl (“users”).
MyBoard is an app that helps you entering your email, name, address and phone information from your mobile device. The app requires you to provide this information (once) where it will be stored encrypted on your device. This information will then become available via the buttons of the MyBoard custom keyboard.
When using MyBoard, you agree to provide accurate information, but you are free to provide any information you prefer. You also understand that you’re responsible for the activity in your MyBoard and via the MyBoard keyboard and for safeguarding any data that you use. Passwords should not be stored within MyBoard. This is not secure as it will be available via a button, where it will not be of any use as custom keyboards cannot be used on passwords fields (as defined by Apple).
We trust you to use MyBoard and our services responsibly – which means, for example, you agree not to interfere with MyBoard or our services or try to access them using a method other than the interface and the instructions that we provide.
You agree not to:
- copy, distribute, or disclose any part of MyBoard in any medium;
- probe, scan, or test the vulnerability of any service, system or network;
- breach or otherwise circumvent any security or authentication measures;
- interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of lionn.nl;
- plant malware or otherwise use MyBoard or *.lionn.nl to distribute malware;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- impersonate or misrepresent your affiliation with any person or entity;
- violate the law in any way, or to violate the privacy of others, or to defame others. (for example, sending illegal or defamatory emails with MyBoard or lionn.nl)
We may permanently or temporarily revoke or suspend your access to MyBoard without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
If you find an unauthorized way to access any data stored within MyBoard or to adjust MyBoard services you are required to inform us immediately. You are not allowed to share this unauthorized access method to the public. We can keep or make you responsible for the impact of sharing this to the public.
Who can use MyBoard?
You can use MyBoard only on iOS8, and only in compliance with these Terms and all applicable laws and regulations. Use of MyBoard by anyone under 13 is strictly prohibited.
Your stuff is your stuff
By using MyBoard, you allow MyBoard to help manage content, information (anything you, submit, or transmit through MyBoard, collectively “your stuff”). You are responsible and liable for anything you copy, share, input, send, receive, record or otherwise do while using MyBoard, and you represent that your stuff is actually your stuff or that you have all necessary rights to use your stuff on or through MyBoard.
You are responsible and liable for your stuff and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using MyBoard.
Our stuff is our stuff
We retain our rights title and interest in MyBoard, and all that makes up MyBoard, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use MyBoard for your personal, non-commercial use only (aka you can’t resell MyBoard). Just like you retain ownership over your stuff, we reserve all rights not expressly granted in these Terms in MyBoard and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to give us feedback or ideas about MyBoard, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
Privacy and Security
Software from Lionn: Some use of MyBoard requires you to download a client software package (“the app”). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access MyBoard. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of MyBoard or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).
Software from iTunes: You acknowledge and agree these Terms are solely between you and Lionn, not Apple, and that Apple has no responsibility for MyBoard or the content sent or received using MyBoard. Your use of MyBoard must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support MyBoard services. If MyBoard fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of MyBoard to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MyBoard, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Lionn as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to MyBoard or your possession and/or use of MyBoard, including, but not limited to: (i) product liability claims; (ii) any claim that MyBoard fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Lionn as provider of the software. You acknowledge that, in the event of any third party claim that MyBoard or your possession and use of MyBoard infringes that third party’s intellectual property rights, Lionn, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Lionn acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of MyBoard, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of MyBoard against you as a third party beneficiary of the software.
From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Lionn and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Modifying and Terminating Service
We are constantly changing and improving MyBoard. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change MyBoard at any time without prior notice. We may also remove content from MyBoard at our discretion. If MyBoard is terminated for any reason by Lionn or Apple a refund of the costs you made purchasing MyBoard or MyBoard functionallity is not possible.
Miscellaneous Legal Terms
Below are some explicit definitions of legal terms.
You agree to defend, indemnify and hold harmless Lionn and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to MyBoard, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of MyBoard on your device with or without your permissions.
We promise to provide you with a great service, but we can’t promise everything. MyBoard is provided on an “as-is” and “as available” basis. Use of MyBoard and the software is at your own risk. To the maximum extent permitted by applicable law, MyBoard and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Lionn and its licensors, do not warrant that the content is accurate, reliable or correct; that MyBoard or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected. Any use of MyBoard is at your own risk and you will be solely responsibly for any actions via MyBoard.
Limitation of Liability
To the maximum extent permitted by law, in no event will Lionn, its affiliates, owner, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Lionn has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount the mounts paid by you to Lionn for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. MyBoard is controlled and operated from facilities in the Netherlands. Lionn makes no representations that MyBoard is appropriate or available for use in other locations. Those who access or use MyBoard from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Dutch laws and regulations, including but not limited to privacy regulations.
Notification Procedures and Changes to these Terms
Lionn may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via posting of such notice on our website, as determined by Lionn in our sole discretion. Lionn reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Lionn is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us via the myboard.lionn.nl site contact form. Lionn may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of MyBoard after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) MyBoard.
Governing Law and Arbitration.
Governing Law: These Terms and the use of MyBoard services, software and website will be governed by Dutch law. You agree to submit to the personal jurisdiction of the state courts located in the Netherlands for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration: For any dispute with Lionn, you agree to first contact us at info@Lionn.nl and attempt to resolve the dispute with us informally. In the unlikely event that Lionn has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Lionn claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Dutch law. The arbitration will be conducted in the Netherlands, unless you and Lionn agree otherwise. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Lionn are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and Lionn with respect to MyBoard and *.lionn.nl website, and supersede and replace any other agreements, terms and conditions applicable to MyBoard. These Terms create no third party beneficiary rights. Lionn’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Lionn without restriction. Lionn and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us at email@example.com with any questions regarding these Terms.
Last Modified: November 20, 2014