The rules that govern the use of Relivo.
Version applicable 1 April 2024
Unless the changes are required by law, Digitalstories BV (Relivo) will notify You (for example, by email or through our website) at least 30 days before we make any changes to these Terms and provide You with an opportunity to review the changes before they take effect. Once the updated Terms have entered into force, You will be bound by them if You continue to use our website (relivo.io) or platform (events.relivo.app).
Article I
Definitions
- Digitalstories BV: Besloten Vennootschap with company number 0781.669.847, located at Antoon Viaenestraat 8, 8200 Bruges. Contact can be made by email at info@relivo.io.
- Website: The website where Digitalstories BV offers the possibility to establish or manage digital stories and media, reachable at https://relivo.io and https://events.relivo.app.
- Digital story: An online digital story created by the Administrator on the Platform, where the Administrator and Visitors can add memories such as photos, videos, text or voice messages and music to collect as an individual, group or organisation.
- Administrator: any natural or legal person who uses the Digitalstories BV website to create and manage a digital story.
- Visitor: any person who visits or views the Website/Platform and, if applicable, is given the opportunity to manage a digital story after approval by the Administrator.
- Management: the creation and editing of a digital story by adding and placing photographs, videos, text or voice messages and music, by the Administrator or Visitor on the Website/Platform.
- Intellectual Property Rights: the right to image, copyright and neighbouring rights, sui generis rights to databases, trademarks (whether registered or not), trade names and domain names.
Article II
Usage
2.1
Registration
Access to the publicly accessible parts of the Website is free of registration. In order for the Administrator and the Visitor to use and contribute to a digital story, a registered account is required. Registration requires an email and a self-chosen password.
In order for a Visitor to manage a digital story with the approval of the Administrator, the Visitor must register with an email and a self-chosen password. Acceptance of these Terms and Conditions by the Visitor and the Administrator occurs at the time of registration on the Website, by checking the box 'I agree with the Terms and Conditions'.
2.2
Rules of use
When visiting, using and managing the Website, neither the Administrator nor the Visitor is allowed to:
- Submit incorrect or misleading information about themselves or others. This includes, but is not limited to, fabricating personal details or misrepresenting one's identity or the identity of others.
- Copy, edit or further distribute personal data of third parties (such as email addresses, photos, videos or other information) that can be consulted on the Website for purposes other than the creation or management of a digital story.
- Post shocking or offensive pictures, videos or texts. This includes, but is not limited to, nude photographs, photographs of corpses (except for revelations), of seriously injured people or animals, or other indecent images. Digitalstories BV reserves the right to remove inappropriate content at its sole discretion.
- Post viruses, worms or other harmful technologies, either directly or indirectly, that may damage the Website, render it inaccessible or otherwise harm Digitalstories BV or others.
- Use automated systems or software to extract data from the Website for commercial purposes.
- Overload the Website in a way that impairs its functioning.
- Cause the Website to become restricted or completely inaccessible.
- Perform the following acts prohibited by law:
- Posting or promoting xenophobic, racist or discriminatory statements.
- Slander, defamation, spam, insults, threats, abuse of name or image, abuse of trust.
- Public indecency, publishing of pornographic images, paedophilia.
- Infringement of intellectual or other property.
- Terrorism or incitement to terrorism.
Digitalstories BV shall promptly notify the competent judicial or administrative authorities of any alleged unlawful activities or unlawful information provided by Administrators or Visitors.
2.3
Abuse
Digitalstories BV reserves the right to temporarily or permanently deny access to the Website, in whole or in part, to anyone who violates the Terms, especially the Usage Rules and the rules contained in Article VI.
Digitalstories BV further reserves the right to reject or remove comments that are offensive in nature or violate the rules outlined in Article II. This decision falls under the sole discretion of Digitalstories BV, which is not obliged to justify its actions.
Anyone found in violation of the Terms forfeits the right to any refund of prices already paid by them.
Article III
Minors
You must be at least 13 years old to use the Website. If you are not 13 years old, Digitalstories BV asks you to have your actions confirmed by your parents or legal guardian, and to have the prior consent of your parents, guardian or legal representative. Digitalstories BV reserves the right to refuse you as a Visitor or as a Content Provider if Digitalstories BV suspects that you are underage.
Digitalstories BV requests that any underage Visitor or Administrator who discloses personal information first read and discuss the privacy statement with their parents, guardian or legal representatives.
Article IV
Agreement
4.1
Finalisation and duration
An agreement is made between the Administrator and Digitalstories BV for an indefinite period in the case of the free or paid package. This agreement continues to exist until terminated by Digitalstories BV or the Administrator. The duration of the agreement starts from the moment the application for management of a digital story is electronically confirmed.
If the Administrator decides, based on the packages made available on the Website, to manage a digital story for a fixed period of time, an agreement will be entered into with Digitalstories BV for a fixed period — the duration being determined by the Administrator based on the package selected. The agreement ends upon expiry if it was terminated in time.
The Visitor, who is authorised by the Administrator to make changes to a digital story, concludes an agreement with Digitalstories BV of unlimited duration, which starts as soon as the Administrator grants the Visitor authorisation to change a digital story.
4.2
Withdrawal period
The agreement entered into between Digitalstories BV and the Administrator is subject to a withdrawal period of 14 calendar days. The revocation period starts the day after the agreement has been entered into. To exercise the right of withdrawal, the Administrator can send an email with a request for withdrawal to info@relivo.io.
If the Administrator explicitly agrees to execute the agreement during the withdrawal period and the Administrator cancels the agreement in a timely manner, Digitalstories BV reserves the right to charge a fee for services rendered between the day after conclusion of the agreement and the day of exercise of the right of withdrawal (including start and end dates). This fee will be calculated per day, in proportion to the total price of the agreement.
By way of exception, a separate and separately payable price applies to services that are fully provided by Digitalstories BV at the start of the execution of the agreement. The agreement explicitly specifies which services are fully provided immediately upon commencement of the execution. The regulation of compensation for services delivered during the withdrawal period is not applicable if the Administrator opted for the free basic package.
A withdrawal period of 14 calendar days also applies to the agreement entered into between Digitalstories BV and the Visitor. The withdrawal period commences the day after the agreement is entered into. To exercise the right of withdrawal, the Visitor can send an email with a request for withdrawal to info@relivo.io. The regulation of compensation for services delivered during the withdrawal period is not applicable to the agreement between Digitalstories BV and the Visitor.
4.3
Cancellation
Digitalstories BV reserves the right to terminate the agreement unilaterally with immediate effect if the Administrator acts in breach of the Terms and Conditions or if the price for the management of the digital story is not paid on time in accordance with Article V.
If the Administrator opts for a fixed-term agreement, they must cancel the agreement at the latest 30 days before the expiry of the term stipulated in the package by sending an email to info@relivo.io. If they fail to do so, the agreement will be automatically and tacitly renewed for a period of 1 year starting on the day after the expiry of the previous term.
If the Administrator opts for the free package, resulting in an agreement of indefinite duration, the Administrator may terminate the agreement at any time. The Administrator is also entitled to terminate the agreement unilaterally in the event of force majeure and in the event Digitalstories BV fails to meet its obligations. Termination is always done in writing on an electronic medium.
4.4
End of the agreement
At the end of the agreement, the digital story will be removed at the Administrator's request. If the Administrator does not request the removal of the digital story, it will be hidden from Visitors at the end of the agreement until such time as the Administrator decides to enter into a new agreement with Digitalstories BV. If the Administrator does not choose to enter into a new agreement within 30 days after the end of the previous agreement, the digital story will be removed by Digitalstories BV.
If, in the case of a fixed-term agreement, notice is given in time or the price for renewal is not paid in time according to the provisions of these Terms and Conditions, then at the end of the fixed-term agreement, the Administrator will automatically switch to the free package, provided that this package does not exceed the limits of the free basic package. If those limits are exceeded, the page will be made unavailable and the Administrator will have one month to renew the subscription or to meet the limits of the free basic package. After this month, Digitalstories BV may unilaterally remove the digital story.
Article V
Prices and payment
Pricing for our products and services is determined on an individual basis. This approach allows us to tailor our offerings to meet the specific needs and requirements of each customer, ensuring the best possible service and value. Detailed pricing information will be provided upon enquiry. All prices are exclusive of VAT, unless explicitly stated otherwise.
Payment for services rendered is due in full at the time of the agreement, in accordance with the provisions outlined in Article 4.2. Payments are to be made through the methods indicated on our Website. For transactions, we use Stripe as our intermediary; customers are advised to refer to Stripe's User Agreement for conditions applicable to those transactions. Digitalstories BV is not responsible for any malfunctions during the payment process.
Article VI
Intellectual property
6.1
Posted by Digitalstories BV
Digitalstories BV is the exclusive holder of the intellectual property rights to the Website. All texts, photographs, drawings, graphics, images, sound, data, databases, software, names, trade and domain names are copyrighted works, and may be otherwise protected. The Administrator and the Visitor explicitly acknowledge that all relevant property rights, including Intellectual Property Rights, belong to Digitalstories BV.
The Administrator acquires rights of use only for the duration of the agreement. The right of use is non-exclusive and transferable. It is prohibited to store, reproduce, modify, publish, distribute or sell any information from the Website, in whole or in part, without the prior written consent of Digitalstories BV.
Hyperlinks from this Website to third-party websites are allowed, except for commercial purposes, provided the source of the Digitalstories BV Website is clearly mentioned and the hyperlink refers to the original content on the Website. Hyperlinks on this Website to third-party websites or webpages, or other references to information provided by other organisations, are permitted. Digitalstories BV has no control over the content or other characteristics of these websites, webpages and information of third parties and is in no way liable for their content or characteristics.
6.2
Posted by Administrator or Visitor
Digitalstories BV does not obtain any intellectual property rights on the photographs, videos, logos, music and other similar media placed on the Website or Platform by Administrators or Visitors. Digitalstories BV obtains a right of processing and use on the photographs, videos, logos, music and other similar media placed on the Website by Administrators or Visitors.
The Administrator, or, as the case may be, the Visitor, who has placed the content, is responsible for any infringement of Intellectual Property Rights of third parties that may arise through this right of use.
Information, such as texts, photographs, videos and music, placed on a digital story by an Administrator or Visitor must comply with the applicable laws on copyright and other Intellectual Property Rights. Digitalstories BV will not be liable for violations of Intellectual Property Rights of third parties resulting from the management of a digital story by an Administrator or Visitor. The Administrator and Visitor must investigate for themselves whether the information they place does not constitute a violation of the rights of third parties.
If third parties are of the opinion that the media placed on the website — such as photographs, videos, logos or music — violate their Intellectual Property rights, including copyright, they can send a motivated request for removal to Digitalstories BV by email to info@relivo.io, including the necessary proof of their rights. If Digitalstories BV is of the opinion that an infringement has indeed taken place, Digitalstories BV will remove the content in question.
Article VII
Transfer
The Administrator is entitled to transfer their rights and obligations under these Terms and Conditions and/or the agreement with Digitalstories BV, in whole or in part, to third parties, or to appoint third parties as additional contracting parties.
With regard to the transfer or additional contracting party, the Administrator must inform Digitalstories BV of this adjustment in writing by email. This transfer or appointment will only be legally effective if Digitalstories BV is aware of the adjustment and communicates written consent by email to both the Administrator and the third party. The third party will accept the Conditions in the same email.
Article VIII
Liability
Digitalstories BV will perform the services to the best of its abilities. Unless explicitly stipulated otherwise, Digitalstories BV will not assume any obligations regarding results.
Digitalstories BV excludes all liability for any direct or indirect damages of any nature whatsoever resulting from or in any way related to (the use of) the Website/Platform. Digitalstories BV is not liable for any damage caused by unavailability and/or inaccessibility of the Website/Platform and the use of the Website/Platform.
Digitalstories BV is not responsible for the set-up of digital stories, nor for the content (or empty content), such as photographs, videos, messages and music, placed on the Website/Platform by Administrators or Visitors. Digitalstories BV does not guarantee the accuracy or lawfulness thereof. The correctness and legality of the management is the responsibility of the Administrators and Visitors themselves. Nor does Digitalstories BV offer any guarantee regarding the success of the digital story.
Digitalstories BV is in no way liable for any damage suffered by a third party as a result of the content of a digital story, including viruses or other harmful programmes or links, or the digital story itself, but remains liable for its intent and gross negligence.
Article IX
Force majeure
Force majeure is considered to be any external cause, such as a default by the Internet service provider, which cannot be attributed to Digitalstories BV and which prevents the fulfilment of its obligations or makes them so difficult that they cannot reasonably be required by Digitalstories BV. Such causes include: power outages, internet connection outages, disturbances in the electricity supply or communication networks or in the software of Digitalstories BV, and computer viruses.
Any circumstance beyond the control of Digitalstories BV preventing performance of its obligations to the Administrator or Visitor in whole or in part, or rendering performance of such obligations unreasonable — regardless of whether the circumstance was foreseeable at the time of the agreement — will discharge Digitalstories BV from its obligations for the duration of the nuisance and for their scope, without entitling the Administrator or, if applicable, the Visitor, to any price reduction or compensation.
Article X
Processing of personal data
For registration on the Website/Platform, the Administrator or the Visitor must provide an email address and a password. These data are stored by Digitalstories BV in a database managed by third parties. The agreement concluded between Digitalstories BV and the third parties concerning processing contains at least the same provisions as the present article.
With respect to the personal data referenced in this article, the third-party administrator of the database has the capacity of processor, and Digitalstories BV has the capacity of data controller within the meaning of the General Data Protection Regulation. Digitalstories BV declares that it will fully comply with the obligations incumbent on the data controller and expressly undertakes, by way of a separate processing agreement with the third-party processor, to take the necessary steps to comply with applicable legislation.
Digitalstories BV and any person under its authority with access to the personal data will process the personal data only in accordance with these provisions. Digitalstories BV agrees to take adequate technical and organisational security measures to protect personal data stored in the context of the execution of the contract against loss, hacking, destruction and any other form of unlawful processing.
Digitalstories BV's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy and the Google Play Developer Distribution Agreement, including the Limited Use requirements.
Article XI
Nullity
If, in the opinion of the competent court, any provision of these Terms and Conditions is invalid, only the invalid provision will be considered as unwritten and this will not affect the application of the remaining provisions. The void provision will be replaced by another provision that comes as close as possible to the purpose and tenor of the void provision.
Article XII
Divisibility
In the event of the illegality or nullity of one or more clauses in this agreement, the remaining clauses of the agreement shall remain in force.
Article XIII
Applicable law and dispute resolution
The Website/Platform, these Terms and Conditions and any disputes arising therefrom are governed exclusively by Belgian law. All disputes regarding the Website arising between the User or Visitor and Digitalstories BV will be submitted to the competent court in the Arrondissement of West-Flanders.
Article XIV
Right of withdrawal
Customers (consumers) who make purchases via the Relivo webshop enjoy certain rights, including the right of withdrawal. This right is particularly important given the personalised nature of the products offered by Relivo. Below, we outline the specific conditions and procedures related to exercising this right.
- Right of withdrawal: Consumers have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which the consumer, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods.
- Personalised products: Due to the personalised nature of our products, the right of withdrawal may be subject to certain limitations. If the product is made to the consumer's specifications or clearly personalised, the right to withdraw may not apply. Consumers are encouraged to confirm the applicability of the right of withdrawal for their specific order at the time of purchase.
Article XV
Other
These Terms constitute the entire agreement between you and Digitalstories BV regarding the use of our Website/Platform. These Terms and Conditions supersede any prior agreements. If, after reading our Terms and Conditions, you have any questions or comments, please contact Digitalstories BV on +32 478 43 65 79 or at info@relivo.io.