Version 1.0
Last revision: 2020/30/04.
MEOH USER TERMS
By accessing and using the Meoh Application (the “Platform”), provided by Meoh ASBL with registered offices at Rue du Pays de Liège 4, 1000 Brussels, Belgium, and with company number 0599.986.669. (“Meoh”, “we” or “us”), you (“You” or the “User”) acknowledge that You have read and understand these terms and conditions (the “User Terms” or the “Agreement”) and You expressly agree with the User Terms as described below.
You agree to enter into a legal binding contract with Meoh. If You do not agree with these User Terms, You will not get access to the Platform. If You want to end the Agreement with Meoh, You can do this at any time by deleting Your account and not using our Platform any longer (by going to My Settings > Delete My Account (see below)).
1. Scope
1.1. Scope
These User Terms govern the contractual relationship between You and Meoh in the context of Your use of the Platform.
You may provide (personal) data and content (e.g. photographs, videos, audios or texts) on the Platform (the “Content”). We provide a Platform that enables users on the Platform (the “Users”) to communicate with each other and to share that Content.
1.2. Purpose
The purpose of the Platform is for its Users to connect to and engage with reliable partners so that they can support each other.
The object of the User Terms is the use of the Platform for communications (including the sharing of Content) between You and other Users, including the use of other functions made available within the Platform.
1.3. Modifications of the User Terms
Meoh reserves the right to amend the User Terms. In such an event, Meoh will notify You of any material modification of the User Terms, no later than one (1) week before they become effective. If You do not object to the application of the new User Terms, the amended conditions shall be deemed agreed by You. Meoh will inform its Users of the significance of this deadline for objecting separately in the notification containing the amended User Terms and reserves the right to terminate the relationship with the User in the case of an objection.
2. Account
Before using our Platform, You need to register Yourself and create an account (the “Account”).
In order for You to be eligible to use the Platform, You must:
be at least 17 years old;
have full power and authority to enter into this Agreement and while doing so not violate another agreement in which You are a party; and
only provide truthful information and keep it up to date.
You may request Meoh to delete any of your personal data and/or Content at any time, unless You have shared Your information or Content with other Users on the Platform or to the extent it was used/copied/stored by other Users.
The sale or transfer of an Account on the Platform is not permitted.
2.1. Single Sign-Up
Meoh may provide the User with the option to carry out the Account registration and subsequent sign-in using a single sign-up by accessing the registration data of the User at other providers. If the User chooses this option, Meoh will request the transmission of the User’s data from the single sign-up provider selected.
2.2. Account Protection
You must keep Your Account data (such as password) confidential and secure at all times. You must make sure Your Account cannot be accessed by third parties and must immediately notify Meoh via email (to support@meoh.io) in case of any suspicion of unauthorized access. It is prohibited to sell, transfer, lend or trade Your Account or the information on Your Account to or with another party or other Users.
You are liable for Your own activities on the Platform or the activities that take place on Your behalf/with Your Account.
3. Content and communications on the Platform
3.1. Content on the Platform
You can publish Content on your profile page (“My Profile”) and in the “Communities” section of the platform (“My Communities”). Content consists primarily of two types of publications: general announcements or “Posts” and private messages or “Chats”.
Posts and Chats include the original message as well as comments and replies from You and/or other Users. Your Content is available to Your first-degree connections (the “My Trusted”), to Users featured by Your Trusted network (“My Featured” section), and to members of a Chat group, if you or someone else decides to forward Your Content in a Chat conversation (the “Chat Conversation”). Users having access to the Content through their Newsfeed can repost that Content once, or forward that Content as a private message to other Users in the Chat (a “Chat Message”).
You may delete Your own Content from Your Profile page by tapping on the trash icon below each publication. You may delete Your Content from Chat Conversations by tapping and holding messages and then tapping on the trash icon. You may choose to delete Your Content in the Chat only for Yourself or for all members of the Chat conversation. Please note that group administrators of a Chat Conversation (“Admins”) have the ability to delete Chat Messages and Chat Conversations.
Please be aware that You remain responsible for the consequences of sharing, reposting, or forwarding Content with other Users at all times.
3.2. License grant in respect of the Content
“Intellectual Property Rights” in these User Terms means any intellectual property rights, including copyrights, trade and service marks, trade names, domain names rights in logos, inventions, trade secrets and know-how, registered designs, design rights, patents, database rights, utility models, all rights of whatsoever nature in computer software and data, any other intellectual and/or industrial property rights all intangible rights and privileges of nature similar or allied to any of the foregoing, in every case in any part of the world and whether or not registered; and including all granted registrations and all applications for registration, all renewals, reversions or extensions, the right to sue for damages for past infringement and all forms of protection of a similar nature which may subsist anywhere in the world.
To the extent You are owner of any Intellectual Property Rights in respect of the Content, You will remain the owner thereof.
Meoh does not have the intention to change or amend the meaning of Your Content. It is however possible that Meoh makes format changes to the Content (e.g. modifying the size).
When posting or providing Content on the Platform, You agree and take knowledge of the fact that Meoh can access, store and process Your Content.
3.3. Conversations on the Platform
All Users invite each other on the Platform through email invitations. All Users can find other second-degree Users (connections of “My Trusted”) in the network through the 'Featured' section of the Platform.
When sending Chat Messages, please note that:
Private messages are AES encrypted;
User’s private key is stored on the User’s device and on Our private servers located in Europe; and
Chat group communications (“My Communities”) might include Users who are not direct Members of Your Trusted network.
Any rights and obligations following the use of the Platform or the conversations with Users, shall be created exclusively between Users through the exchange of messages.
3.4. Third party rights
You must have the necessary (Intellectual Property) rights to be allowed to upload and use Content. You are responsible for verifying and, if appropriate, acquiring the necessary rights. If You do not own or have obtained the relevant rights, You are not allowed to use such Content on the Platform.
4. Use of the Platform
4.1. Use and availability of the Platform
Under the conditions as set out in these User Terms, Meoh grants the User, when creating his/her Account, a limited, personal, revocable, non-exclusive, non-transferable right to access the Platform (be it through a generally available web browser, mobile device or application). Following this access right, the User is permitted to use the Platform in the way it is made available. Any other use of the Platform, other than as permitted in these User Terms and in Our Community Guidelines, is prohibited.
Meoh cannot guarantee that the Platform will function at any time, continuously without any interruption or that it will work without errors on any electronic device used to gain access to the Platform. Meoh cannot commit itself that the Content placed on the Platform will remain there. However, Meoh will do its best to make Your user experience of the Platform as smooth as possible.
4.2. Software and devices
In order to be able to use the Platform You must provide certain devices, software and data connections Yourself. You consent to manually or automatically download and install updates to Our Platform in order for You to be able to continue to use the Platform.
Please note that while using our Platform, You might access, use or interact with websites, applications or content of third parties. These User Terms only apply to the use of Our Platform. Other third-party websites, applications or content will be governed by their own terms. Meoh cannot be held liable for activities on those third party websites, applications or content.
4.3. Amendments to the Platform and updates
Meoh may make additions or changes to the functions offered in the Platform in order to improve them or adjust them to technical developments (provided that this is reasonable and taking into consideration the interests of the Users and Meoh), but in any case at Meoh's own discretion. In the event that Meoh makes substantial amendments, We will notify You through our Platform and/or per email about the amendments to be made and about the date of entry into force thereof. Amendments will not work retroactively.
In the event that You disagree with Our (future) amendments, You can terminate Your Agreement with Meoh by deleting Your Account (see clause 9: Termination). In the event You do not delete Your Account, We assume that You agree with the modified User Terms as from the effective date thereof.
Ongoing maintenance and further development may temporarily restrict or interrupt the use of the Platform. No claims against Meoh can be issued in this regard. The User acknowledges that updates to the Platform may be downloaded on the device being used by the User.
4.4. Rules of conduct
4.4.1. Permitted conduct
The Platform may only be used in accordance with these User Terms and Our Community Guidelines.
You must:
Comply with any applicable laws and regulations relating to Your activities on the Platform;
Behave respectfully towards other Users on the Platform;
Abstain from any language that may be perceived as inappropriate or offensive (cfr. clause 4.4.2).
(This is a non-exhaustive list.)
4.4.2. Intolerable conduct
Users will not conduct any communications via the Platform that violate the rights of third parties, contain content that is harmful or extremist content, breach applicable laws, or are deceptive, insulting, pornographic, offensive or glorify violence, or in any other way deemed inappropriate in Meoh’s own discretion. In particular, the following conduct is inter alia prohibited (“Intolerable Conduct”):
Inappropriate Member Names: any linguistic obscenity, insults, defamation, tackiness, discrimination or abuse in member names.
Harmful Content: uploading offensive content, any content unsuitable (especially for minors) such as e.g. requests for sexual services.
Insults or Abuse: discrimination, defamation, insults or abuse of individual Users on the grounds of ethnic origin, religion, gender, nationality, sexual orientation or belief.
Harassment of Other Users: sending unrequested messages, chain letters or invitations to participate in sweepstakes.
(This is a non-exhaustive list.)
Intolerable Conduct may result in the User being blocked or, if appropriate, the termination of the Agreement with the User in accordance with clause 9.
It is not allowed to gain access to the Platform or to Content placed on the Platform through scraping, spidering, crawling or other technology or software to access data without the explicit consent of Meoh. It is not permitted to spread viruses, Trojan horses, worms or other malicious content via the Platform or use the Platform if there is a risk that the use could damage technical equipment or software, or in any other way harm the functioning of the Platform.
4.4.3. Identification of Intolerable Conduct.
Users must report or block Intolerable Conduct using the functions available on the Platform (“Identification”). This may result in reporting published Content or Users. Report functions are available on each Content publication or on Users’ profile pages (usually by tapping on the 3 vertical dots in the Content or in profile page header). Meoh will do its best efforts to react to such Identification within fourteen (14) business days. Please be aware that a user report of conduct in violation of our User Terms won't necessarily result in us banning the User or otherwise taking action against the User. Meoh filters the current content on the Platform in order to prevent, detect and stop Intolerable Conduct.
4.4.4. Other Illegal Activities and Improper Use.
All Users are prohibited from participating in fraudulent or illegal activities or supporting such activities when using the Platform. In the event of suspected misuse or potential legal infringements (e.g., copyright infringements or infringements of personal rights) on the part of other Users, the User is requested to provide Identification immediately or otherwise send notification to support@meoh.io.
5. Liability of the User
5.1. Liability for the Account
You will remain liable for Your content and Your actions (or on Your behalf) on the Platform.
5.2. Indemnification
To the extent that the User is at fault, the User shall indemnify Meoh against any claims asserted by third parties due to the conduct of the User in connection with the use of the Platform and shall bear the costs incurred for the legal defense according to the statutory fees. In case of any claims asserted by third parties, the User is obligated to provide Meoh immediately, truthfully and completely with all information, which is required for assessing the claims and the defense against such claims.
6. Rights of Meoh
Meoh reserves the right to, in its sole discretion, restrict, suspend (block) or terminate Your Account or Your use of the Platform in the event it is Meoh’s opinion that You misuse or abuse the Platform, any rules of conduct (e.g. Intolerable Conduct or Community Guidelines) or any applicable legislation.
7. Liability of Meoh
7.1. Disclaimer
Meoh does not provide any guarantee whatsoever in respect of the Platform. You agree that You use the Platform at Your own risk. The Platform is provided to You “as is” and based on availability. Meoh does not provide any guarantees in respect of the Platform being uninterrupted or error-free.
To the maximum extent permitted by applicable law, Meoh disclaims any and all warranties, including any implied warranties regarding the Platform or the Content on the Platform.
Meoh cannot guaranty or check the accuracy or correctness of any Content placed on the Platform
7.2. Liability
Meoh will not be held liable for any indirect, incidental or consequential damages (such as without being limited to loss of profit or loss of business opportunities, reputational damage, loss of data) relating to Your use of the Platform.
Meoh will not be liable for any damages in respect or following the User Terms for any amount exceeding the amount of 250 euro. To this extent, Meoh will only be liable for any damage directly caused by breach of the User Terms by Meoh or its subcontractors and to the extent that the damage, error and a causal relationship have been proven.
Meoh is not liable for Your misuse or other Users’ misuse of any information or data on the Platform. Unless otherwise stated in these User Terms, Meoh does not control any Content placed on the Platform by its Users nor does it supervise the accounts of Users on the Platform.
The aforementioned exclusions and/or limitations of liability do not apply to Meoh’s liability for death, personal injury or for fraud, gross negligence or intentional misconduct.
8. Term
This Agreement shall be valid for an indefinite period.
9. Termination
9.1. Unilateral Termination (Deletion of Your Account
You can terminate Your Agreement with Meoh at any time and without any reason. You can do so by deleting Your Account on the Platform (by going to the Drop Down Menu > My Settings > Delete My Account). You can also send an e-mail to support@meoh.io to request deletion of Your Account. Upon receipt of such a request, Meoh shall delete your Account within fourteen (14) calendar days.
9.2. Termination by breach of contract or misuse
Meoh reserves the right to terminate Your Account with immediate effect in the event it is Meoh’s opinion that You misuse or abuse the Platform or in the event You misbehave towards other Users (cfr. clause 4.4). We may ban Accounts if we believe the Account activity is in violation of our User Terms. Per our User Terms, we may retain the right to ban You without notification.
9.3. Consequences of termination
After termination of the User Terms, the following provisions will survive:
Clause 4.4: Rules of Conduct
Clause 7: Liability
Clause 11: Intellectual Property Rights
Clause 12: Governing law and jurisdiction
10. Personal Data and Privacy
Please read Our Privacy Policy carefully before using the Platform in order to know more about Meoh processing Your Personal Data.
When You share Your Personal Data on the Platform, You agree with the fact that other Users can view, copy and use this data. Meoh has no control over what Personal Data You share on the Platform, or what other Users may do with it. Meoh is therefore not liable for any dispute or possible damage of any nature whatsoever arising from the sharing or posting of Personal Data on the Platform.
11. Intellectual Property Rights
Meoh will remain the sole and exclusive owner of all right, title and interest in and to all Intellectual Property Rights vested in the Platform, in any form and/or embodiment thereof.
12. Governing law and jurisdiction
These User Terms are governed by the laws of Belgium.
You agree to submit to the exclusive jurisdiction of the competent courts of Brussels, division Brussels.
The United Nations Convention for the International Sale of Goods shall not apply to these User Terms.
13. Miscellaneous
13.1. Notices
The User Terms are provided in English, which language shall be controlling in all respects.
Furthermore, all communications and notices made or given pursuant to the Agreement shall be in the English language.
Notices by Meoh will be sent to You within the Platform or to the contact details You provided in the Platform (such as email).
Notices, questions or complaints by You will be sent to Meoh by sending an email to support@meoh.io.
13.2. Entire Agreement
These User Terms contain the entire agreement and understanding between You and Meoh with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same object matter still in force between You and Meoh.
13.3. Transfer of Rights
Meoh is entitled to transfer its rights and obligations resulting from this contractual relationship, in whole or in part, to a third party in observance of a notice period of four (4) weeks, to the extent this is possible.
13.4. Force Majeure
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of a party affected (including failures of the internet or any public telecommunications network, hacker attacks or other cyber incidents caused by third parties, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, industrial disputes affecting any third party, social strikes or actions, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
Meoh will not be liable for any delay in performing, or failure to perform, any of its obligations under this Agreement due to a Force Majeure Event. If Meoh refers to a Force Majeure Event, it will immediately inform You of the nature of the Force Majeure Event, stating the date when the Force Majeure Event comes or has come into effect, and also when it will have ceased to exist. In this case, Meoh must use its best efforts to keep the consequences to a minimum.
13.5. Severability
Whenever possible, the provisions of these User Terms shall be interpreted to be valid and enforceable under the applicable law. However, if one or more provisions of these User Terms is found to be invalid, illegal or unenforceable (in whole or in part), the remainder of the provision and of these User Terms shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision(s) had never existed. In such case, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision, which embodies as closely as possible the purpose of the invalid, illegal or unenforceable provision(s).