Terms of Service

Version 1.0 - June 2023

Please read these terms of use carefully before using our mobile service and associated website.

ePubber B.V., a Dutch limited liability company headquartered in Groningen, Netherlands, provides you with the ePubber mobile service (the "App") and associated website (including the mobile optimized versions of such website, the "Site") under these Terms of Use (the "Agreement"). The App and the Site together are referred to as the "Service". As used in these Terms of Use, 'you' or 'users' refers to individuals using the Service. By using the Service and/or by clicking the "I agree" button, you unconditionally agree to comply with and be bound by this Agreement and our privacy policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Service.

Users

The Service is only available to users who are at least 18 years old. Under no circumstances may the Service be used by children under the age of 16, and we will not knowingly collect personal information from individuals we know to be in this age group. If you are using the Service on behalf of a child, do not provide any information regarding that child unless you have obtained permission from the child's parents or guardians, including their consent to our privacy policy. If you discover that your child has used the Service without your permission, or that someone has used the Service for or on behalf of your child without your permission, please contact us using the information provided below under "How to contact us," and we will take reasonable steps to remove the child's information from our active databases. You may not provide access to or use of the Service or its content (as defined below) to third parties, or use the Service or related content for commercial purposes, but you may use the Service for personal use subject to this Agreement. Use of and access to the Service is prohibited where it is legally not permitted. By accessing and using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service complies with and does not violate any applicable law, regulation, order, or directive; and (d) you consent to receiving messages and promotional materials related to in-app purchases.

maken van de dienst of de inhoud (zoals hieronder gedefinieerd) daarvan ten behoeve van derden, of commercieel gebruik maken van de dienst of gerelateerde inhoud, maar u mag de dienst voor persoonlijk gebruik gebruiken onderworpen aan deze Overeenkomst. Het gebruik van en de toegang tot de dienst is verboden waar dit wettelijk niet is toegestaan. Door toegang te verkrijgen tot en gebruik te maken van de dienst, zorgt u ervoor dat (a) alle registratie-informatie die u indient waarheidsgetrouw en nauwkeurig is; (b) u de nauwkeurigheid van dergelijke informatie zult handhaven; (c) uw gebruik van de dienst voldoet aan en niet in strijd is met enige van toepassing zijnde wet, regelgeving, order of richtlijn en (d) u stemt in met het ontvangen van berichten en promotioneel materiaal met betrekking tot in-app aankopen.

Changes to this Agreement

We reserve the right to update or modify this Agreement at any time. By continuing to use the Service after such changes, you agree to comply with and be bound by this Agreement as amended. For these reasons, we recommend that you periodically review this Agreement.

Disclaimers

Use of any aspect of the Service is at your own risk. You should consult with healthcare providers and base your medical decisions on their advice.

If you use the Service and/or access the Service on an Android device that you or someone else has rooted, or on an iOS device that you or someone else has jailbroken, ePubber is not responsible for the security of your data, including your personal information. You are solely responsible for any breaches, unauthorized access, loss, and/or corruption of such data.

ePubber does not provide any medical advice. We make no representations or warranties regarding the Service. Information about medication, health, medical advice, and other information may be provided by third parties, including other users of the Service. We cannot accept any liability for such content provided by third parties and/or other users of the Service. Any actions you take based on content, notifications, and otherwise provided by the Service are at your own risk. You should always verify the accuracy of the information provided through the Service.

We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. Please note that we will fully cooperate with any investigation by law enforcement agencies or court order directing us to disclose the identity, behavior, or activities of anyone alleged to have violated this Agreement or engaged in illegal behavior.

You may request termination of your account at any time and for any reason, and you may exercise your rights under the General Data Protection Regulation ("GDPR") by sending an email to contact@epubber.com. More information about your rights under the GDPR can be found in our Privacy Policy. Any suspension or termination of your account will not affect your obligations to us under this Agreement (including, but not limited to, ownership and limitation of liability), including all obligations that by their nature are intended to survive the suspension or termination of your account.

Subscription to ePubber and Other Services

We may offer various subscription services, including, but not limited to, the ePubber subscription, and you may choose to subscribe to them. The following terms apply if you have downloaded a version of the App on an Apple, Inc. device. Payment will be charged to your iTunes account upon confirmation of purchase. Your subscription will automatically renew unless you turn off auto-renewal at least 24 hours before the end of the current period. Your account will be charged within 24 hours prior to the end of the current period at the price listed on the Top In-App Purchases page within the Apple iStore. You can manage your subscription and turn off auto-renewal by going to your Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, if applicable.

nneer u een abonnement aanschaft op die publicatie, indien van toepassing.

Technology; Support

We do not guarantee that the Service will function with your mobile device or computer or that it will be compatible with the hardware or software on specific devices. Information will be transmitted via a medium that is beyond our control and jurisdiction; multiple factors, including network availability, may affect the delivery of notifications or interfere with the operation of the Service.

Without limiting the foregoing, we, our licensors, and our suppliers make no warranties with respect to (1) the availability, accuracy, reliability, completeness, quality, performance, suitability, or timeliness of the Service, the Content, including software, text, graphics, links, or communications provided through the use of the Service; or (2) compliance with any government regulations requiring disclosure of information about prescription drugs, or the approval or compliance of software tools related to the Service.

We have no obligation to provide technical support or maintenance for the Service.

While we take reasonable measures to keep the Service free from viruses, worms, Trojan horses, or other code with harmful properties, we cannot guarantee that files available for downloading through the Service will be free of such contaminations.

User Responsibilities

If you provide any information to us through the Service or related to the Service, or if you send us any business information, feedback, idea, concept, or invention by email, you must ensure that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information.

You also agree that:

  • You will not reproduce, duplicate, copy, sell, resell, or exploit the Service, the Content, the software, or any portion thereof;
  • You will not use the Service for any purpose that is unlawful, prohibited by local, state, national, or international law;
  • You will not falsely request the password or personal information of another person;
  • You will not impersonate any person or entity or misrepresent your affiliation with any person or entity, or use access to another user's account or password without permission;
  • You will not violate the legal rights of others, including defaming, abusing, stalking, or threatening users;
  • You will not infringe on the intellectual property rights, privacy rights, or moral rights of third parties;
  • You will not post or transmit any content that is (or that you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or that promotes such activity, or that relates to (or that you reasonably believe or should reasonably believe to relate to) stolen, illegal, counterfeit, fraudulent, illegally copied, or unauthorized material;
  • You will not publish or transmit any false or misleading information, including medical or health information; and
  • You will not post or transmit any content that is (or that reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material that promotes or glorifies hate, violence, or intolerance, or is otherwise inappropriate for the community standards of the Service).

You agree not to interfere or attempt to interfere with the proper functioning of the Service or disrupt or compromise the security of the Service. Violations of system or network operation or security may result in civil or criminal liability. We will investigate potential cases of such violations and may cooperate with law enforcement authorities in prosecuting anyone involved in such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Our failure to enforce or act with respect to any breach by you or others of this Agreement does not constitute consent or waiver of rights, and we reserve the right to enforce such provision at our discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing in this Agreement shall be construed as limiting the actions or remedies available to us with respect to any prohibited activity or conduct.

tkoming hierin zal worden geacht een verklaring van afstand te zijn van enige voorafgaande of volgende inbreuk of tekortkoming. Niets in deze Overeenkomst mag worden uitgelegd als een beperking van de acties of rechtsmiddelen die beschikbaar zijn voor ons met betrekking tot enige verboden activiteit of gedrag.

License Grant

We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Service, and any user manuals, specifications, or related documentation (the "Documentation"), subject to the terms of this Agreement. This license is for your personal and non-commercial use only and only for the duration of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are permitted to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices at the same time. Under this license, you may not, except to the extent any of the following restrictions are prohibited by applicable law or any of the limited activities are permitted by the license terms of any open-sourced components included in the App, do any of the following:

rkte activiteiten is toegestaan door de licentievoorwaarden van eventuele opengesourceerde componenten die zijn opgenomen in de App, het volgende niet doen:

  • Lend, rent, lease, sell, redistribute, assign, sublicense, or otherwise transfer the App or the right to download or use the App;
  • Use the Service for commercial purposes or for any commercial or non-commercial public display;
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any App updates, or any part of the App or updates, or attempt to do any of the foregoing;
  • Copy, modify, or create derivative works of the Service, Documentation, any Service or Documentation updates, or any part of the Service, Documentation, or updates;
  • Remove any copyright or other proprietary notices from the App, Documentation, any part of the App, or from the Site;
  • Transfer the content or materials of the App or Site to someone else or "mirror" them on another server;
  • Bypass, disable, or otherwise interfere with security-related features of the Service, or features that prevent or restrict the use or copying of any content;
  • Use a robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service;
  • Collect, gather, or mine information about other users of the Service;
  • Post or transmit viruses, worms, Trojan horses, or any other harmful or disruptive elements;
  • Violate any applicable law, rule, or regulation.

If you violate any of these restrictions, this license will automatically terminate and you may expect criminal prosecution and damage claims.

Ownership

ePubber and its licensors own the Site, Documentation, and App, including all materials or content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in them. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, download, post, broadcast, transmit, or otherwise use any material made available in the Service. You shall not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you the right to use any trademark, service mark, logo, or trade name of ours or any third party.

Apple, Inc.

This provision applies only to the version of the App used on Apple, Inc. devices. This Agreement is an agreement between you and us. Apple is not responsible for the App or its content, including claims of infringement of intellectual property rights, product liability, or non-compliance of the App with applicable laws. To the maximum extent permitted by applicable law, Apple provides no warranty with respect to the App and has no obligation to provide support or maintenance services with respect to the App. All claims regarding the App should be directed to us and not to Apple. Your use of the App must comply with the App Store's Terms and Conditions, and you may only use the App on an iPhone or iPod that you own or control as permitted by these terms. In the event that the App does not conform to the warranty set forth herein, you may notify Apple and Apple will refund the purchase price of the App to you. Apple is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.

greement with the right to enforce this Agreement against you.

Infringement

We do not accept any responsibility or liability for any material provided or posted by a user, at its sole discretion. We will make reasonable efforts to monitor and moderate user-posted content for clearly illegal content. If you believe that something on the Service infringes your copyright, you may send us a notice requesting removal or blocking of access to it. We recommend that you seek advice from your legal advisor before submitting a notice or counter-notice. Please be aware that there may be significant penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to contact@epubber.com.

Export Restrictions

Except as authorized by Dutch law and the laws of the jurisdiction in which the Service is obtained or used, you may not use, export, or re-export the Service. Specifically, and without limiting the foregoing, the Service may not be exported or re-exported to any country embargoed by the United States or Israel, or to persons listed on the Denied Persons List or Entity List of the U.S. Department of Commerce, or on the list of Specially Designated Nationals of the U.S. Department of the Treasury. You represent and warrant that you are not on any such list or located in any such country, and that you will not use the Service for any purposes prohibited by U.S. or other applicable law.

Termination

This Agreement will remain in effect until terminated by you or us. You may terminate this Agreement at any time, provided that you cease all further use of the Service. If you breach this Agreement, our permission to use the Service will automatically terminate. We may, at our discretion, terminate this Agreement and your access to any or all parts of the Service at any time and for any reason, upon notifying you, without any penalty or liability to you or any third party. In the event of a breach of this Agreement, these remedies are cumulative and not in lieu of or limiting of any other rights or remedies available to us. Upon termination of the Agreement by you or us, you must immediately remove the App from all of your devices and destroy all materials downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials and Documentation. The following provisions will survive the expiration or termination of this Agreement for any reason: Disclaimers, Ownership, Limitations of Liability, Choice of Law and Forum, Entire Agreement, and Severability.

Choice of Law and Forum

This Agreement will be governed by the laws of the Netherlands, excluding its rules on choice of law and conflicts of laws. In the event of any claim or proceeding arising directly or indirectly out of or relating to this Agreement or the Service, you irrevocably consent to the exclusive jurisdiction of the courts located in Groningen, Netherlands.

Entire Agreement

This Agreement constitutes the entire agreement between you with respect to the subject matter hereof. Anything contained in or provided through the Service that is inconsistent with or conflicts with the provisions of this Agreement will be superseded by the provisions of this Agreement. This Agreement may not be modified, in whole or in part, except as otherwise described in this Agreement. This Agreement may be superseded by any terms agreed upon between an individual and ePubber.

Severability

If any provision of this Agreement is found by a court or other competent authority to be invalid or unenforceable, such provisions will be modified, limited, or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Assignability

You agree that this Agreement and any agreements contained herein between you and us may be assigned by us in our sole discretion to a third party.

Contact Information

All notices to you regarding this Agreement will be posted on the Service or sent to you at the email address or physical address, if any, that you provided to us. All notices to us regarding this Agreement may be made by email to contact@epubber.com.

A notice will be deemed given when posted on the Service or when the email is sent, unless the sending party is notified that the email address is invalid.