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Terms

(Last updated: November 18, 2023.)

Please read these terms and conditions carefully before using Our Software.

Interpretation and Definitions

Interpretation

The words whose initial letter is capitalized will be interpreted according to the following definitions, regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of these Terms:

  • ‟Software” (also referred to as ‟Application” or ‟Service”) means this application or software program provided by the Company and downloaded by You on any electronic device, named Kruiters.
  • ‟Affiliate” means an entity that controls, is controlled by, or is under common control with a party, whereas ‟control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • ‟Company” (referred to as either ‟the Company”, ‟We”, ‟Us” or ‟Our” in this Agreement) refers to Kruiters.
  • ‟Device” means any device that can access the Software (e.g., a laptop).
  • ‟Agreement” (also referred to as ‟Terms and Conditions”, ‟Terms” or ‟Conditions”) means these terms and conditions that form the entire agreement between You and the Company regarding the use of the Software.
  • ‟You” (also ‟Your” or ‟Yours”) refers to the individual accessing or using the Software, or the company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

Acknowledgment

These are the Terms governing the use of this Software and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Software.

Your access to and use of the Software is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Software.

By using the Software, You agree to be bound by these Terms. If You disagree with any part of these Terms then You cannot use the Software.

Your use of the Software is also conditioned on Your acceptance of and compliance with the privacy policy of the Company. Our privacy policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application. Please read Our privacy policy carefully before using Our Software.

Third-Party Software

The Software may include third-party applications that are licensed to You under this Agreement or under their own terms. License terms, notices, and acknowledgments for the third-party applications may be accessible at Credits. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.

Feedback

If You give feedback about the Software to Us, You give Us, without charge, the right to use, share and commercialize Your feedback in any way and for any purpose.

Getting Kruiters

This Software is acquired through the Microsoft Store. Hence, Section 9 of the Microsoft Store Terms of Sale apply.

Basically, when You make a purchase on a subscription basis, You acknowledge and agree that You're authorizing recurring payment, and payments shall be made to Microsoft by the method You have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Microsoft or otherwise in accordance with its terms. To manage or check your subscription Service, go to Microsoft Subscription Service.

Code of Conduct

By agreeing to these Terms, You're agreeing that, when using the Software, You will follow these rules:

  1. Don't do anything illegal.
  2. Don't engage in any activity that exploits, harms, or threatens to harm children.
  3. Don't publicly display or use the Software to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
  4. Don't engage in an activity that is false or misleading (e.g., impersonating someone else).
  5. Don't circumvent any restrictions on access to or availability of the Software.
  6. Don't engage in activity that is harmful to You, the Software, or others (e.g., transmitting viruses, posting terrorist content, communicating hate speech, or advocating violence against others).
  7. Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted material).
  8. Don't engage in an activity that violates the privacy of others.
  9. Don't help others break these rules.

Scope of License

The Software is licensed, not sold. We reserve all other rights. Unless applicable law gives You more rights despite this limitation, You're agreeing with the following:

  1. You won't work around any technical limitations in the Software that only allow You to use it in certain ways.
  2. You won't reverse-engineer, decompile, or disassemble the Software.
  3. You won't remove, minimize, block, or modify any notices of Kruiters or its suppliers in the Software.
  4. You won't use the Software in any way that is against the law or to create or propagate malware.
  5. You won't share, publish, distribute, or lend the Software, provide the Software as a stand-alone hosted solution for others to use, or transfer the Software or this agreement to any third party.

Support Services

We aren't obligated under these Terms to provide any support services for the Software. Any support provided is ‟as is”, ‟with all faults”, and without warranty of any kind.

Termination

Without prejudice to any other rights, We may terminate this agreement if You fail to comply with any of its terms or conditions. In such an event, You must destroy all copies of the Software and all of its component parts.

Disclaimer of Warranty

The Software is provided to You ‟AS IS” and ‟AS AVAILABLE”, with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Software, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement.

Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the Software will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Limitation on and Exclusion of Damages

If You have any basis for recovering damages related to the Application despite the preceding disclaimer of warranty, You can recover from the Company only direct damages up to $5. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.

This limitation applies to (a) anything related to the Software, services, content (including code) on third-party Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.

It also applies even if this remedy doesn’t fully compensate You for any losses; or We knew or should have known about the possibility of the damages.

Governing Law and Disputes Resolution

The laws of Spain, excluding its conflicts of law rules, will govern these Terms and Your use of the Software. Your use of the Application may also be subject to other local, state, national, or international laws.

For European Union Users

If You're a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You're resident.

Disputes Resolution

If You have any concerns or disputes about the Software, You agree to first try to resolve the dispute informally by contacting Us.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms won't affect a party's ability to exercise such right or require such performance at any time thereafter, nor will the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated into different languages. You agree that the Spanish text will prevail in the case of a dispute.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to use the Software after those revisions become effective, You agree to be bound by the revised terms. If You don't agree to the new terms, in whole or in part, please stop using the Software, and destroy all copies of the Software and all of its component parts.

Other Terms

In addition to these Terms, as the Software is adquired through the Microsoft Store, the Microsoft Store Terms of Sale also apply.