1. Lyvup Web, Mobile, and Add-in platform

The Lyvup web, mobile, and add-in platform (hereinafter referred to as the "Platform") enables users to view profiles of people they are in contact with, provide and receive feedback (e.g., praise and suggestions) from other users, and browse insights and content to better understand different people's profiles. Users install the mobile app of the Platform through various app marketplaces (such as Google Android Market, Apple iTunes Store) in a manner and under conditions determined by the marketplace provider. Users install product add-ins through respective product stores, such as the Microsoft Office Store for Microsoft Outlook add-ins, in a manner and under conditions determined by the marketplace provider.

Terms of Use for the Lyvup Platform

These Terms of Use for the Lyvup Platform (hereinafter referred to as the "Terms of Use") govern all relevant terms and obligations for using the platform. They are published online at www.lyvup.com.

Platform provider

The Platform Provider is the company Lyvup B.V., Herengracht 59, 1015 BC, Amsterdam, Netherlands, registration number: 80366708, registered in Amsterdam, Netherlands (hereinafter referred to as the "Provider")

User 

A user is any person using any of the tools of the platform - Lyvup mobile app, Lyvup Outlook plug-in, Lyvup website, or other tools.

2. Platform Terms of Use

Users download and install the Lyvup mobile app on their smartphones through one of the app marketplaces in a manner and under conditions determined by the marketplace provider.

When users first log in to the Platform (or a tool of the Platform), they agree to the Terms of Use. If they do not agree, they cannot use the platform.

3. Platform Content

Content and data that users receive through the use of the platform are purely informational in nature and serve solely for informative purposes. User profiles are not intended for recruiting or selecting candidates for specific positions. They are also not intended for determining salaries or other compensation options.

4. Platform Pricing

The price for using the Platform is determined and agreed upon between the Provider and the user's employer.

Users are responsible for any data transfer costs incurred by their internet service provider, as per the official price list of the internet service provider.

5. Privacy and Security of Users' Personal Data

Users can determine with whom they share their profile using any of the platform's tools. They can set their profile to be visible to:

• Nobody (except themselves),
• All platform users,
• Other employees in their organization.

By agreeing to these Terms of Use after the first login, the user also agrees to share their profile with other employees in their organization. They can subsequently change this privacy setting at any time and as often as they like through the platform's settings.

Users who do not share their profile with anyone also cannot see the profiles of other users (their colleagues). These profiles are only unlocked when they decide to share their own profile.

The Provider is explicitly obliged to store, use, and process all personal data in accordance with current laws and regulations regarding the protection of personal data. All users who transmit data to the Provider or for whom the Provider obtains data from other sources agree that the Provider uses and processes this data for the period and purpose for which the data was transmitted or obtained.

Add-ins like the Microsoft Outlook add-in do not collect content data. The only data transmitted between the add-in and Lyvup servers are the recipient(s) and sender's email address. This address is used to select which user profile to display to the add-in user.

Users can demand at any time that their data and profile be deleted. They can do so by sending a request to delete data to support@Lyvup.com.

6. Copyright

The Lyvup products and their content are fully developed by Lyvup.

The only content not produced by Lyvup is:

• The surveys used in assessments.

By installing the platform's mobile app on their smartphone, users acquire non-transferable and non-exclusive rights to use the mobile app on their smartphone for personal (non-commercial) use only.

The Provider does not transfer any copyrights or other intellectual property rights related to the Platform (including trademarks, logos, names, and other rights) to the user. The user is granted only non-transferable and non-exclusive rights to use the platform in a manner and scope determined in these Terms of Use.

The user may not, in particular:

• Make copies of the mobile app or other content of the platform,
• Install the platform on their own server or another platform,
• Distribute or provide access to the Platform via the internet in any way,
• Lease or sell licenses to use the mobile app,
• Translate, adapt, edit, or otherwise modify the Platform.

These restrictions do not include rights that users have in accordance with currently applicable laws regarding copyrights, protection of intellectual property, and protection of personal data.

7. Provider's Liability Limitations

The user is aware of and agrees that:

• The content and data they see through the platform are purely informational in nature,
• They are fully responsible for all data they provide to install and use the Platform, and the Provider cannot be responsible in any way for any consequences the User may suffer,
• The Provider does not claim responsibility for the functionality or quality of the Platform,
• The Provider does not claim responsibility or obligations for errors or other shortcomings of the Platform, including legal errors,
• The Provider cannot guarantee that the platform meets all user requirements,
• The Provider cannot guarantee the operation of the Platform, nor does it claim any responsibility in the event of network errors, electricity network errors, or other technical malfunctions, including force majeure that could temporarily render the Platform unusable,
• They bear full responsibility for safeguarding all data on media (such as hard drives, smartphones, tablets, etc.) and the Provider is not responsible for any loss of such data and is not responsible for the non-functioning of the Platform because the user does not meet the necessary technical and other conditions to use the Platform,
• The Provider does not guarantee that the Platform operates flawlessly and without interruption, nor that it does not contain harmful or dangerous code,
• The Provider does not guarantee that the Platform operates in all applications and in combination with software or hardware,
• The Provider is not responsible for the reliability and quality of the Platform's connection to the internet or the quality and reliability of data transfer to and from the internet or any other communication channel.

8. Provider's Liability for Damages

The Provider's liability for damages resulting from negligence is limited to the broadest extent permitted by currently applicable regulations and laws.

The Provider is also not responsible for loss of income, data, or any other consequential or direct damages unless otherwise prescribed by currently applicable laws.

The Provider is not responsible for damages caused as a result of force majeure.

9. Complaints

The Provider is responsible for responding to and resolving complaints regarding the functioning of the Platform. It will resolve these complaints in accordance with the rules available on www.lyvup.com. Any complaints should be addressed to the Provider's email address support@lyvup.com.

If there is a complaint about the communication network or the payment of fees to the internet and communication service provider chosen by the user, it is the user's responsibility to contact that provider and resolve the issue themselves. Internet and communication service

© 2023 – Lyvup B.V. Herengracht 59, 1015 BC Amsterdam