Terms of Use DoggyDoggy.App

The Terms of Use set out below apply to the use of DoggyDoggy.App (for the mobile application and the web application).

Wicer operates the Platform as an intermediary service in relation to Dog Businesses and Dog Owners. These Terms of Use consist of three modules. The first module (A) applies exclusively to Dog Businesses, the second module (B) applies exclusively to Dog Owners and the last module (C) provides transparency about the way the Platform acts in relation to all Users.

Module A: Dog Businesses

Article 1. Definitions

In module A of these Terms of Use, some terms are written with a capital letter. These terms have, both in the singular and in the plural, the meaning given to them in the overview below.

1.1. Account: an Active Account or an Inactive Account.

1.2. Active Account: an account of the Dog Business that sends every invoice to Dog Owners via the Platform.

1.3. Services: all services that the Dog Business offers and/or provides to the Dog Owner via the Platform.

1.4. Users: all legal entities or natural persons who at any time visit and whether or not start using the mobile application or web application.

1.5. Terms of Use: these terms of use.

1.6. Dog Business: the commercial service provider that has a right of use of the Platform in order to offer Services.

1.7. Dog Owner: the natural person who uses the Platform to purchase the Services of the Dog Business.

1.8. Inactive Account: an account of the Dog Business that is used for the functionalities of the Platform, with the exception of the invoicing functionalities of the Platform, or that is used for creating invoices for Dog Owners which are not sent via the Platform.

1.9. Intellectual Property Rights: intellectual property rights including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, as well as rights to know-how.

1.10. Agreement: the agreement between Wicer and the Dog Business concerning the provision of a right of use of the Platform, to which modules A and C of these Terms of Use apply.

1.11. Platform: the platform called DoggyDoggy.App, which enables the Dog Business to offer Services to Dog Owners.

1.12. Parties: Wicer and Dog Businesses together or individually.

1.13. Wicer: the private limited company Wicer B.V., established at Postulaatguldenhof 17, 3541 GC in Utrecht and registered with the Dutch Chamber of Commerce under registration number 67081584.

Article 2. Access to the Platform

2.1. In order to be able to use the Platform, the Dog Business must have a device with which the Dog Business can access the Platform. If the Dog Owner wishes to use Wicer's app, the Dog Owner can download it from the App Store or Google Playstore. The Dog Business obtains access to the Platform by creating an Account.

2.2. The Dog Business must be admitted to the Platform by Wicer. Wicer reserves the right to refuse access to the Platform on the basis of the provisions of article 3 of these Terms of Use.

2.3. The Dog Business is itself responsible for creating, managing and, where necessary, withdrawing Accounts. The Dog Business must itself monitor whether the authorisations and access rights granted to Dog Owners are still up to date.

2.4. The Dog Business must treat the login details of the Accounts linked to it as strictly confidential. The Dog Business must inform Wicer without delay if login details have (presumably) been leaked or are being misused. Wicer may assume that all actions carried out from an Account belonging to the Dog Business take place with its approval. This does not apply to actions carried out from the moment the Dog Business has notified Wicer in writing that its Account has been compromised and Wicer has confirmed receipt of this notification in writing. Without prejudice to the foregoing, Wicer is in no event liable for any damage resulting from the misuse or loss of the Dog Business's login details.

2.5. The Dog Business is itself responsible for the use it makes of the Platform, for those to whom it grants access to the management of the information placed on the Platform, and for the accuracy, completeness and currency of all information that the Dog Business places on the Platform. Wicer is not obliged to check information originating from the Dog Business, but is authorised to do so. If (published) information does not comply with these Terms of Use or is contrary to applicable law, Wicer has the right to amend and/or remove the information concerned. Should Wicer decide to do so, the Dog Business will be informed thereof.

Article 3. Offering Services

3.1. The Dog Business is only permitted to offer Services via the Platform that relate to dogs. Unless otherwise agreed, other services, including but not limited to Services aimed at animals other than dogs, are prohibited from being offered by the Dog Business on the Platform.

3.2. The Dog Business is obliged to guarantee for the duration of the Agreement that the Dog Business is registered with the Chamber of Commerce under an SBI code relevant to dog services and remains so registered for the duration of the Agreement. If and insofar as a change occurs in the SBI code of the Dog Business, the Dog Business shall notify Wicer thereof without unreasonable delay.

3.3. If the Dog Business and/or its Services do not, in Wicer's reasonable opinion, meet the requirements set out in these Terms of Use, Wicer is entitled to deny the Dog Business access to the Platform and/or to no longer display the Services offered via the Dog Business's Account on the Platform.

3.4. If Wicer proceeds to the consequences referred to in the previous paragraph, Wicer will notify the Dog Business thereof in writing, stating reasons. If the Dog Business does not agree with Wicer's opinion, the parties will enter into consultation about this. If the Parties do not reach agreement in mutual consultation, Wicer has the right to act at its own discretion.

3.5. The Dog Business is responsible for ensuring that all data it provides to Wicer and Dog Owners is and remains accurate, complete and up to date. This applies among other things to its company and contact details, address details, bank account number for the purpose of payouts and the information used with the Services.

Article 4. Service levels

4.1. Wicer will make every effort to make the Platform available as much as possible and to safeguard its availability. However, Wicer cannot guarantee that the Platform will be available at all times without interruption, malfunctions or errors.

4.2. Dog Businesses can report incidents, malfunctions or other technical problems relating to the Platform via support@doggydoggy.app. Wicer will handle such reports carefully and make every effort to resolve any problems as soon as possible.

4.3. The provision of custom reports or overviews at the request of the Dog Business, the restoration of incorrect invoices, bookings, or damaged or lost client data where the restoration or the damage or the loss is attributable to the Dog Business, does not fall under the support referred to in the previous paragraph and will be carried out on a subsequent-calculation basis at the hourly rates applicable at that time.

4.4. Wicer reserves the right to temporarily take the Platform out of use for maintenance, updates or other necessary work. In doing so, Wicer will make every effort to keep the duration of such interruptions to a minimum and to carry out this work, as far as possible, at times when the Platform is generally used relatively little.

4.5. From time to time Wicer releases updates that may correct errors or improve the functioning of the mobile application. Available updates for the mobile application will be made known by notification through the App Store and Google Playstore, whereby it is the responsibility of the Dog Business to keep track of these notifications. The updates are also carried out via our Platform; this requires an active internet connection.

4.6. For the proper implementation of the updates, Wicer depends on the availability of the App Store and the Google Playstore, over which Wicer has no control. Wicer is neither responsible nor liable for the correct implementation of the updates. No liability exists for damage as a result of errors that have been remedied in an update not installed by the Dog Business.

4.7. Wicer has the right to modify the Platform and available functionalities from time to time, among other things to improve functionality and to correct errors, or to no longer offer aspects thereof.

Article 5. Intellectual Property Rights

5.1. All Intellectual Property Rights vested in the Platform or related works that form part of the Platform are and remain vested in Wicer or its licensors. None of the conditions in these Terms of Use should be interpreted as a transfer of any Intellectual Property Rights between the Parties.

5.2. Wicer grants the Dog Business, for the duration of the Agreement, a non-exclusive, non-transferable and non-sublicensable licence to use the Platform in accordance with these Terms of Use.

5.3. The Intellectual Property Rights in data that the Dog Business stores via the Platform remain vested in the Dog Owner. Wicer will only use the data insofar as this is necessary for the provision of the Platform. Wicer obtains an unlimited right of use of the data that the Dog Business stores on the Platform, insofar as this is necessary for the performance of the Agreement. Wicer also has this right with regard to use on the Platform, but also in communication and advertising expressions in all media for the purpose of promoting the Platform. Wicer will exercise this right of use in a reasonable manner.

5.4. The Dog Business acknowledges that it is entitled to grant the aforementioned rights of use and will indemnify Wicer against third-party claims in this respect.

Article 6. Rules for use of the Platform

6.1. It is prohibited to use the Platform in breach of Dutch or other applicable laws and regulations, or in a manner that is otherwise unlawful.

6.2. Without prejudice to the foregoing, it is expressly not permitted, regardless of whether this is lawful, to store or distribute via the Platform data or any material that constitutes an infringement of the privacy of third parties, including in any event but not exclusively the distribution of personal data of third parties without consent or another legal basis;

6.3. Without prejudice to the foregoing, it is expressly not permitted, regardless of whether this is lawful, to:

• a. reverse engineer or decompile the source code of the Platform, except insofar as permitted by a provision of mandatory law;
• b. copy parts of the Platform for the benefit of third parties;
• c. sublicense the Platform or make it available to third parties, by means of rental, software-as-a-service constructions or otherwise;
• d. make changes to the Platform, except insofar as permitted by mandatory law;
• e. circumvent security measures of the Platform.

6.4. In particular, the Dog Business shall refrain from hindering other Users of Wicer through use of the Platform.

6.5. If the Dog Business acts in breach of the provisions mentioned in this article, Wicer reserves the right to take appropriate measures, including making the Platform (temporarily) inaccessible to the Dog Business in any manner whatsoever and taking legal steps, such as recovering any damage caused by the breach.

6.6. The Dog Business indemnifies Wicer against all third-party claims arising from or relating to the Dog Business's breach of the provisions of this article.

Article 7. Liability and indemnification

7.1. Wicer's liability for damage or other claims as a result of an attributable failure in performance (including breaches of warranties or indemnities), a tort or on any other ground, is limited per calendar year to the amount that the Dog Business owes Wicer under the Agreement (excluding VAT) over a period of 12 months preceding the occurrence of the damage, regardless of the number of events.

7.2. Without prejudice to the foregoing, Wicer is expressly not liable for indirect damage. Indirect damage is understood in the present case to mean: lost profit, lost income, lost savings, reduced goodwill and damage as a result of business stagnation.

7.3. Wicer's liability due to an attributable failure in the performance of the Agreement only arises if Wicer is given notice of default by the Dog Business without delay and in a proper manner in writing, whereby a reasonable period is offered to remedy the failure and Wicer continues to fail attributably after that period as well. The notice of default must contain as detailed a description of the failure as possible, so that Wicer is able to respond adequately.

7.4. The Dog Business indemnifies Wicer against third-party claims, including but not limited to claims for damages, demands and costs, arising from or relating to the offering or provision of the Services by the Dog Business via the Platform, regardless of the manner in which and the capacity in which these have arisen. This indemnification also covers the damage that the Dog Owner claims to have suffered as a result of the acts or omissions of the Dog Business in providing the Services.

7.5. Limitations and/or exclusions of liability as set out in module A of the Terms of Use lapse if and insofar as the damage is the result of intent or wilful recklessness on the part of Wicer.

Article 8. Term and termination

8.1. The Agreement between the Parties is concluded at the moment the Dog Business has accepted these Terms of Use when creating its Account and has been granted access to the Platform by Wicer. The Agreement is entered into for an indefinite period.

8.2. Each Party may terminate the Agreement in writing at any time with effect from the end of the month in question. The Dog Business can terminate the Agreement by sending a message to support@doggydoggy.app.

8.3. After termination of the Agreement, Wicer is entitled to block access to the Account immediately and to delete the data relating to the Account.

8.4. Wicer has the right to suspend the Agreement with immediate effect (in whole or in part) or to terminate or dissolve the Agreement (in whole or in part), if:

• a. the Dog Business does not, or does not timely, fulfil the obligations under the Agreement and does not remedy the failures within a reasonable period after notice of default. A prior notice of default is, however, not necessary in cases in which the default occurs by operation of law;
• b. the Dog Business files for bankruptcy or is declared bankrupt, applies for suspension of payments or is granted suspension of payments, the business of the Dog Business is liquidated or its business activities are discontinued;
• c. circumstances arise which make performance of the Agreement impossible, or as a result of which unchanged continuation cannot reasonably be required of Wicer.

8.5. In the event of dissolution of the Agreement, no reversal takes place, nor of the associated payment obligations.

8.6. After termination or dissolution of the Agreement, any remaining claims of Wicer against the Dog Business are immediately due and payable, regardless of the reason for the ending.

Article 9. Prices and payment terms

9.1. The Dog Business must pay a fee for the use of the Platform as set out in article 3 of module C of these Terms of Use.

9.2. The Dog Business hereby agrees to electronic invoicing by Wicer. A payment term of 14 days applies to all invoices sent by Wicer.

9.3. If the Dog Business does not pay an invoice, or does not pay it in full, within the payment term, it is in default by operation of law. In such a case Wicer is entitled to (i) charge the Dog Business the statutory interest for commercial transactions on the outstanding amount, and (ii) suspend the Services in whole or in part until the outstanding amount has been paid in full by the Dog Business.

9.4. If the Dog Business again fails to pay an outstanding invoice after a reminder or notice of default, Wicer has the right to hand over the claim. Any extrajudicial and judicial costs incurred by Wicer, including but not limited to the costs of legal advisers, lawyers, bailiffs and debt collection agencies, are in that case fully for the account of the Dog Business.

9.5. Wicer is at all times entitled to unilaterally change the rates it applies, including commissions and other fees for the use of the Platform. Wicer will notify the Dog Business of this at least one (1) month in advance. If the Dog Business does not wish to agree to the intended change, it has the right to terminate the Agreement with effect from the date on which the change takes effect. Without notice to the contrary from the Dog Business before the moment at which the change takes effect, the Dog Business is deemed to have agreed to the change.

9.6. The Dog Business is not entitled to set off the payment obligations incumbent on it against any claims against Wicer, on whatever ground.

Article 10. Privacy

10.1. The personal data processed by Wicer in the performance of the Services falls under the General Data Protection Regulation (GDPR). In accordance with the terminology of this law, the Dog Business will be regarded as ‘controller’ and Wicer as ‘processor’.

10.2. Where terms used in this article correspond to the definitions in article 4 of the GDPR, these terms will have the meaning as described in the GDPR.

10.3. Wicer processes the personal data provided by or via the Dog Business solely on the instructions of the Dog Business in the context of the performance of the Services and for the purposes additionally agreed by Wicer and the Dog Business, and in doing so acts in accordance with the GDPR.

10.4. The processing relates to the processing purposes determined by the Dog Business with regard to the categories of personal data and data subjects as described in the privacy and cookie statement of the Dog Business concerned.

10.5. Wicer will take appropriate technical and organisational measures in connection with the processing of personal data to be carried out, in order to protect this data against loss or any form of unlawful processing (such as unauthorised disclosure, impairment, alteration or provision of personal data). Although Wicer makes every effort to prevent loss or unlawful processing, Wicer cannot guarantee that the security measures taken are sufficient in all circumstances.

10.6. Wicer will only carry out the processing on and in accordance with the written instructions of the Dog Business. Wicer is entitled to anonymise the personal data and to use the anonymised data for analytical and statistical research purposes in order to improve the quality of Wicer's services. Wicer will not process the personal data for other purposes unless in accordance with written instructions of the Dog Business.

10.7. Wicer will inform the Dog Business at the moment that, in its opinion, the processing operations of the Dog Business would infringe applicable legislation or are otherwise unreasonable.

10.8. Wicer will, insofar as this reasonably lies within its sphere of influence, assist the Dog Business in complying with its legal obligations. This concerns among other things providing assistance in complying with obligations under articles 32 to 36 of the GDPR, such as supporting the performance of a data protection impact assessment (DPIA) and prior consultation in the case of high-risk processing. Wicer may charge the Dog Business the costs involved.

10.9. In the event of a personal data breach, Wicer will notify the Dog Business without unreasonable delay, but in any event within 72 hours of Wicer discovering the breach, as soon as it has discovered the breach. Wicer will take reasonable measures to limit the consequences of the breach and to prevent further and future breaches. The notification to Dog Businesses will, insofar as known at that time, contain at least the following information:

• a. the nature of the breach;
• b. the (likely) consequences of the breach;
• c. the categories of personal data;
• d. the security measures taken to protect the personal data;
• e. the measures that have been taken or proposed to address the breach and to prevent future breaches;
• f. the categories of data subjects;
• g. the estimated number of data subjects; and
• h. if necessary, deviating contact details for the notification

10.10. The Dog Business is at all times responsible for reporting personal data breaches. Wicer will support the Dog Business, taking into account the nature of the processing and the information available to it, with regard to (new developments concerning) the data breach.

10.11. If a data subject makes a request to Wicer to exercise his or her rights under the GDPR (articles 15-22), Wicer will forward such a request to the Dog Business. The Dog Business will then handle the request independently. Wicer will, if so requested, reasonably and insofar as possible cooperate in order to comply with the data subject's request. Wicer may charge the Dog Business reasonable costs for this.

10.12. Wicer and the Dog Business have the right to verify compliance with all points in this article by means of an audit carried out by an independent third party, which is bound by confidentiality obligations. The audit may only be carried out in the event of a reasonable and well-substantiated suspicion of breach of this article, which has been communicated to Wicer in writing before the audit is carried out. The findings of the audit are assessed by the Parties in joint consultation and may or may not be implemented by either of the Parties or jointly. The costs of the audit are borne by Wicer if the audit reveals discrepancies in Wicer's compliance with this article that are attributable to Wicer. In all other cases the costs are for the account of the Dog Business.

10.13. The Dog Business gives Wicer permission to engage sub-processors in providing the Platform. An up-to-date list of the sub-processors engaged by Wicer can be requested via support@doggydoggy.app. In addition, Wicer will inform the Dog Business about any updates. Wicer will inform the Dog Business if a new (sub-)processor is engaged, via the Dog Business's e-mail address. The Dog Business has the right to object in writing to a specific sub-processor, provided this is based on reasonable grounds. If the Dog Business objects, Wicer and the Dog Business will enter into consultation in order to reach a solution.

10.14. Wicer imposes on the engaged sub-processor(s) at least the same obligations as have been agreed between the Dog Business and Wicer under this article. Wicer may process personal data in countries within the European Economic Area (EEA) and outside it, the processing takes place in accordance with applicable privacy legislation, including the GDPR, and appropriate safeguards have been put in place to ensure an adequate level of protection. At the express request of the Dog Business, Wicer will inform the Dog Business about the countries concerned.

10.15. If the Agreement is terminated, Wicer will – at the Dog Business's choice – return all personal data of the Dog Business processed under the Agreement to the Dog Business within a reasonable period, or delete or destroy this personal data. The reasonable costs involved are for the account of the Dog Business.

10.16. The above only applies to personal data that Wicer processes on the instructions of the Dog Business in the role of processor. The above therefore does not apply to the personal data that Wicer itself processes in the capacity of controller.

Article 11. Changes

11.1. Wicer is at all times entitled to unilaterally amend these Terms of Use from time to time.

11.2. Changes as referred to in the previous paragraph will be announced to the Dog Business by e-mail at least fifteen (15) days prior to the date on which the changes take effect, whereby the change will also be explained. Without notice to the contrary from the Dog Business before the moment at which the change takes effect, the Dog Business is deemed to have agreed to the change. Changes will not be introduced with retroactive effect.

11.3. If the Dog Business does not wish to agree to the intended change, the Dog Business can terminate the agreement with Wicer with effect from the moment at which the change takes effect.

11.4. The Dog Business does not have the right to terminate if the change is the result of:

• a. a legal obligation; or
• b. averting an unforeseen imminent danger in connection with protection against privacy breaches, fraud, tax evasion, viruses and/or malware, spam and misuse of personal data or in the event of other risks in connection with cyber security.

11.5. In the cases referred to in the previous paragraph, the changes apply, contrary to the foregoing in this article, immediately after notification by Wicer to the Dog Business. The foregoing does not affect any other termination rights of the Dog Business under the agreement.

Article 12. Final provisions

12.1. These Terms of Use are governed exclusively by Dutch law. Disputes will be submitted to the competent Dutch court of the Midden-Nederland District Court.

12.2. If one or more provisions of these Terms of Use are contrary to applicable law, that provision will be amended in such a way that it is in accordance with applicable law, while adhering as closely as possible to the purport of the original article.

12.3. The Dog Business is not entitled to transfer the Agreement with Wicer to a third party, unless Wicer has been informed of this by the Dog Business prior to this transfer and has given written permission for it.

12.4. The Dog Business will never present itself as an agent or representative of Wicer and will not make any commitments or enter into any obligations for the benefit of or in the name of Wicer. The Dog Business is fully liable and indemnifies Wicer for all damage resulting from the non-fulfilment of this paragraph.

Module B: Dog Owners

Article 1. Definitions

In module B of these Terms of Use, some terms are written with a capital letter. These terms have, both in the singular and in the plural, the meaning given to them in the overview below.

1.1. Account: the account by which the Dog Owner is enabled to use the Platform.

1.2. Services: all services that the Dog Business offers and/or provides to the Dog Owner via the Platform

1.3. Users: all legal entities or natural persons who at any time visit and whether or not start using the Platform via the mobile application or web application.

1.4. Terms of Use: these terms of use.

1.5. Dog Business: the commercial service provider that has a right of use of the Platform in order to offer Services.

1.6. Dog Owner: the natural person who uses the Platform to purchase the Services of the Dog Business.

1.7. Intellectual Property Rights: intellectual property rights including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, as well as rights to know-how.

1.8. Agreement: the agreement between Wicer and the Dog Owner concerning the provision of a right of use of the Platform, to which modules B and C of these Terms of Use apply.

1.9. Platform: the platform called DoggyDoggy.App, which the Dog Owner uses to purchase the Services from the Dog Business via the Platform.

1.10. Parties: Wicer and the Dog Owner together or individually.

1.11. Wicer: the private limited company Wicer B.V., established at Ambachtstraat 12, 3512ES in Utrecht and registered with the Dutch Chamber of Commerce under registration number 67081584.

Article 2. Access to the Platform

2.1. In order to be able to use the Platform, the Dog Owner must have a device with which the Dog Owner can access the Platform. If the Dog Owner wishes to use Wicer's mobile application, the Dog Owner can download it from the App Store or Google Playstore. The Dog Owner obtains access to the Platform by creating an Account.

2.2. The Dog Owner must treat the login details of the Accounts linked to him as strictly confidential. The Dog Owner must inform Wicer in writing without delay if login details have (presumably) been leaked or are being misused. Wicer may assume that all actions carried out from an Account belonging to the Dog Owner take place with his approval. This does not apply to actions carried out from the moment the Dog Owner has notified Wicer in writing that his Account has been compromised and Wicer has confirmed receipt of this notification in writing.

2.3. The Dog Owner is himself responsible for the use he makes of the Platform and for the accuracy and completeness of all information that the Dog Owner places on the Platform.

Article 3. Service levels

3.1. Wicer will make every effort to make the Platform available as much as possible and to safeguard its availability. However, Wicer cannot guarantee that the Platform will be available at all times without interruption, malfunctions or errors.

3.2. Dog Owners can report incidents, malfunctions or other technical problems relating to the Platform via support@doggydoggy.app. Wicer will handle such reports carefully and make every effort to resolve any problems as soon as possible.

3.3. Wicer reserves the right to temporarily take the Platform out of use for maintenance, updates or other necessary work. In doing so, Wicer will make every effort to keep the duration of such interruptions to a minimum and to carry out this work, as far as possible, at times when the Platform is generally used relatively little.

3.4. From time to time Wicer releases updates that may correct errors or improve the functioning of the app. Available updates for the app will be made known by notification in the App Store and Google Playstore, whereby it is the responsibility of the Dog Owner to keep track of these notifications. The updates are also carried out via our Platform; this requires an active internet connection.

3.5. For the proper implementation of the updates, Wicer depends on the availability of the App Store and the Google Playstore, over which Wicer has no control. Wicer is neither responsible nor liable for the correct implementation of the updates. No liability exists for damage as a result of errors that have been remedied in an update not installed by the Dog Owner.

3.6. Wicer has the right to modify the Platform and available functionalities from time to time, among other things to improve functionality and to correct errors, or to no longer offer aspects thereof.

Article 4. Intellectual Property Rights

4.1. All Intellectual Property Rights vested in the Platform or related works that form part of the Platform are and remain vested in Wicer or its licensors. None of the conditions in these Terms of Use should be interpreted as a transfer of any Intellectual Property Rights from one Party to the other Party.

4.2. Wicer grants the Dog Owner, for the duration of the Agreement, a non-exclusive, non-transferable and non-sublicensable licence to use the Platform in accordance with these Terms of Use.

4.3. The Intellectual Property Rights in data that the Dog Owner stores via the Platform remain vested in the Dog Owner. Wicer will only use the data insofar as this is necessary for the provision of the Platform. Wicer obtains an unlimited right of use of the data that the Dog Owner stores on the Platform, insofar as this is necessary for the Agreement concluded between Wicer and the Dog Owner. Wicer also has this right with regard to the use of the Platform, but also in communication and advertising expressions in all media for the purpose of promoting the Platform. Wicer will exercise this right of use in a reasonable manner.

Article 5. Rules for use of the Platform

5.1. It is prohibited to use the Platform in breach of Dutch or other applicable laws and regulations, or in a manner that is otherwise unlawful.

5.2. Without prejudice to the foregoing, it is expressly not permitted, regardless of whether this is lawful, to store or distribute via the Platform data or any material that constitutes an infringement of the privacy of third parties, including in any event but not exclusively the distribution of personal data of third parties without consent or another legal basis;

5.3. Without prejudice to the foregoing, it is expressly not permitted, regardless of whether this is lawful, to:

• a. reverse engineer or decompile the source code of the Platform, except insofar as permitted by a provision of mandatory law;
• b. copy parts of the Platform for the benefit of third parties;
• c. sublicense the Platform or make it available to third parties, by means of rental, software-as-a-service constructions or otherwise;
• d. make changes to the Platform, except insofar as permitted by mandatory law;
• e. circumvent security measures of the Platform.

5.4. In particular, the Dog Owner shall refrain from hindering other Users of the Platform through use of the Platform.

5.5. If the Dog Owner acts in breach of the provisions mentioned in this article, Wicer reserves the right to take appropriate measures, including making the Platform (temporarily) inaccessible to the Dog Owner in any manner whatsoever and taking legal steps, such as recovering any damage caused by the breach. If Wicer proceeds to do so, the Dog Owner will be informed about this and the Dog Owner will be given the opportunity to object. Objections can be made by getting in touch via support@doggydoggy.app. Wicer will respond to this objection within a reasonable period.

Article 6. Liability

6.1. Wicer's Platform is made available to Dog Owners free of charge. Because of this free provision of services by Wicer to the Dog Owner, Wicer accepts only limited liability for damage, as set out below.

6.2. Wicer is exclusively liable for direct damage. Wicer's liability for direct damage arising from or relating to the use of the Platform is in all cases limited to a maximum amount of € 500,- per event, whereby a series of related events is regarded as one event.

6.3. Direct damage is exclusively understood to mean:

• a. Reasonable costs that are necessary to establish the cause and extent of the damage, insofar as this determination relates to direct damage as defined here;
• b. Reasonable costs incurred to make the Platform comply after all with the agreed functionalities, unless these costs cannot be attributed to Wicer;
• c. Reasonable costs incurred to prevent or limit direct damage, provided the Dog Owner can demonstrate that these costs have led to a limitation of direct damage as meant here.

6.4. All other damage is regarded as indirect damage and is excluded from compensation.

6.5. Any limitation of liability as described in module B of the Terms of Use does not apply if the damage is the result of intent or wilful recklessness on the part of Wicer or its managers. In addition, the limitations of liability apply only insofar as they are not contrary to mandatory provisions in the field of consumer protection. If such provisions apply, the limitations apply to the extent permitted by law.

Article 7. Term and termination

7.1. The Agreement between the Parties is concluded at the moment the Dog Owner has accepted these Terms of Use when creating his Account and has been granted access to the Platform by Wicer. The Agreement is entered into for an indefinite period.

7.2. Each Party may terminate the Agreement in writing at any time with effect from the end of the month in question. The Dog Business can terminate the Agreement via its Account or by sending a message to support@doggydoggy.app.

7.3. After termination of the Agreement, Wicer is entitled to block access to the Account immediately and to delete the data relating to the Account.

7.4. If the Dog Owner is in default with regard to an obligation, Wicer is entitled to suspend, terminate or dissolve the Agreement with immediate effect, without the Dog Owner being able to claim any compensation as a result.

Article 8. Prices and payment terms

8.1. Wicer makes the use of the Platform available to the Dog Owner free of charge. More information about transparency of the fee for the Platform is set out in article 3 of module C of these Terms of Use.

Article 9. Privacy

9.1. For the use of the Platform, Wicer will process personal data of the Dog Owner in accordance with the General Data Protection Regulation. Both Wicer and the Dog Businesses with which the Dog Owner comes into contact via the Platform act as independent controllers in this respect.

9.2. More information about the way in which Wicer processes personal data can be found in the privacy statement.

Article 10. Changes

10.1. Wicer is at all times entitled to unilaterally amend these Terms of Use from time to time.

10.2. Changes as referred to in the previous paragraph will be announced to the Dog Owner by e-mail at least fifteen (15) days prior to the date on which the changes take effect, whereby the change will also be explained. If the Dog Owner does not send notice to the contrary before the moment at which the change takes effect, he is deemed to agree to the change.

10.3. If the Dog Owner does not wish to agree to the intended change, the Dog Owner can terminate the agreement with Wicer with effect from the moment at which the change takes effect.

10.4. The Dog Owner does not have the right to terminate if the change is the result of:

• a. a legal obligation; or
• b. averting an unforeseen imminent danger in connection with protection against privacy breaches, fraud, tax evasion, viruses and/or malware, spam and misuse of personal data or in the event of other risks in connection with cyber security.

10.5. In the cases referred to in the previous paragraph, the changes apply, contrary to the foregoing in this article, immediately after notification by Wicer to the Dog Owner. The foregoing does not affect any other termination rights of the Dog Owner under the agreement.

Article 11. Final provisions

11.1. These Terms of Use are governed exclusively by Dutch law. Disputes will be submitted to the competent Dutch court of the Midden-Nederland District Court. The Dog Owner has the right to object in writing to Wicer against this choice of forum and to submit the dispute to the competent court of the Dog Owner's place of residence. This objection can be made known by the Dog Owner in writing prior to the proceedings or within a reasonable period after the Dog Owner has been informed of the intended recourse to the Midden-Nederland District Court.

11.2. If one or more provisions of these Terms of Use are contrary to applicable law, that provision will be amended in such a way that it is in accordance with applicable law, while adhering as closely as possible to the purport of the original article.

11.3. The Dog Owner is not entitled to transfer the Agreement with Wicer to a third party, unless Wicer has been informed of this by the Dog Owner prior to this transfer and has given written permission for it.

11.4. The Dog Owner will never present himself as an agent or representative of Wicer and will not make any commitments or enter into any obligations for the benefit of or in the name of Wicer. The Dog Owner is fully liable and indemnifies Wicer for all damage arising from the non-fulfilment of this paragraph.

Module C: Information obligations

Article 1. Definitions

1.1. The definitions used in module A of these Terms of Use apply in full to module C.

Article 2. Division of roles

2.1. Wicer offers a Platform on which Dog Businesses can offer Services to Dog Owners. Wicer has no involvement in the performance of the Services agreed between Dog Businesses and Dog Owners, whether or not via the Platform.

2.2. Wicer acts solely as an intermediary and is expressly not a party to the agreement concluded between the Dog Business and the Dog Owner. The Dog Business and the Dog Owner jointly agree the conditions under which the Services are provided by the Dog Business.

2.3. In the event of a dispute about the performance of a Service, whether or not concluded via the Platform, the Dog Business and the Dog Owner must settle this between themselves without the intervention of Wicer. Wicer is not a party to such disputes and does not offer mediation or support in resolving them. The Platform serves solely to facilitate the supply of and demand for Services.

2.4. The Dog Business and the Dog Owner have the right to submit complaints in accordance with articles 7, 8 and 9 of this Module C.

Article 3. Transparency about fees

3.1. All fees that Wicer charges to Dog Businesses are made known on Wicer's website.

3.2. What the Dog Business pays depends on whether the Dog Business has an Active Account or an Inactive Account.

3.3. If the Dog Business has an Inactive Account, the Dog Business pays a fixed fee per month. The amount of this fee is set out on Wicer's website. Wicer is entitled to charge the fee to the Dog Business in advance.

3.4. If the Dog Business has an Active Account, the Dog Business is obliged to pay Wicer a commission on the total amount of every invoice sent via the Platform. The amount of this fee is set out on Wicer's website. Wicer is entitled to withhold this commission, or to charge this commission to the Dog Business separately.

3.5. Wicer makes the use of the Platform available to the Dog Owner free of charge. For a Dog Business with an Active Account, Wicer offers the option to pass on the costs of the Platform to the Dog Owner through the invoicing process. If the Dog Business makes use of this optional functionality, it is the responsibility of the Dog Business to draw up and apply appropriate conditions in this respect towards the Dog Owner.

Article 4. Ranking of content

4.1. Wicer applies two (2) relevant parameters in the ranking of Services offered on the Platform:

• a. Inactive Accounts or Active Accounts
• b. Geographical distance to the Dog Owner

4.2. Active Accounts receive the ‘recommended’ label and will appear at the top of the list after a search term has been entered by a Dog Owner. The Active Accounts are sorted and displayed on the basis of geographical distance to the Dog Owner.

4.3. Below the Active Accounts, the Inactive Accounts are displayed. The Inactive Accounts are sorted and displayed on the basis of geographical distance to the Dog Owner.

4.4. The order of search results is not determined by artificial intelligence. Wicer does not use fully automated decision-making that has legal consequences for Dog Businesses or Dog Owners or significantly affects them.

Article 5. Information that Dog Businesses must provide

5.1. Users must ensure that the details of their Account and the details visible on the Platform are up to date, accurate and complete.

5.2. The Dog Business must in any event keep the following details visible and up to date on the Platform.

• a. The statutory name of the Dog Business, including the legal form;
• b. The registered address of the Dog Business;
• c. The visiting address of the Dog Business;
• d. The e-mail address of the Dog Business;
• e. The name of the trade register and the registration number;
• f. VAT number; and
• g. Other details that make it possible to contact the Dog Business quickly and directly for a direct and effective way of communicating. For example a telephone number.

5.3. The Dog Business must give a truthful description of the Services offered, availability, location and rates on the Platform.

Article 6. Obligation to perform the Services correctly

6.1. The Dog Business is responsible for the quality and soundness of the Services provided by him/her.

6.2. Complaints relating to the Services are handled directly by the Dog Business.

6.3. If Wicer receives a complaint relating to the Services, Wicer will pass it on to the Dog Business.

Article 7. Submitting a complaint

7.1. Wicer makes a free system available for the submission of complaints by Users.

7.2. Complaints can be submitted via the e-mail address support@doggydoggy.app. After receipt of a complaint, Wicer confirms receipt by e-mail within three working days.

7.3. Wicer aims to assess and handle complaints on their merits within 30 days. If more time is needed, the complainant will be informed of this and a new period will be set. Wicer aims for complete handling within 60 days.

7.4. After receipt of a complaint, Wicer sends a confirmation of receipt to the submitter. If the assessment requires more time, the submitter will be informed about this in good time.

Article 8. Handling of complaints

8.1. Complaints about a User are forwarded to the User concerned, with a request for clarification or a solution, unless the nature of the complaint precludes this.

8.2. If, through the complaint, Wicer establishes that a User is acting in breach of the Terms of Use, Wicer informs the User about the complaint. The User must give a response within 24 hours. On this basis, Wicer decides which follow-up steps are necessary.

8.3. In urgent cases Wicer can intervene immediately, for example by removing material or restricting access to the platform. The User is informed afterwards as soon as possible.

8.4. Wicer is entitled to provide the name, address and other identifying details of a User to competent authorities or third parties, if this is legally required or proves necessary in the context of a complaint.

8.5. In the case of criminal conduct, Wicer may file a report and provide relevant information to the authorities.

Article 9. Rights and obligations of the complainant

9.1. Wicer ensures that complainants are informed clearly and in good time about the progress and outcome of the complaints procedure.

9.2. The complainant can object to the outcome of the complaints procedure. In that case Wicer will carry out a reassessment or, if necessary, refer the matter to an independent third party for further handling.

Contact details

Wicer B.V.

Ambachtstraat 12

3512 ES Utrecht

E-mail address: info@doggydoggy.app

Telephone: +316 83805675

Chamber of Commerce number: 67081584