Terms of Use

1. Introduction

1.1. These “Terms of Use” describe the terms and conditions under which use can be made of the mobile application ("the App") of My Little Plastic Footprint (“ MLPF”).

1.2. The App is operated and managed by the Plastic Soup Foundation, Ocean Recovery, EA and Smäll. If you have any questions about the App or these Terms of Use, please contact us via email.

1.3. The App allows you, as “User”, to benefit from services in the licensed application: This App helps you reduce your plastic footprint by going on a plastic diet. Reduce your plastic consumption and choose sustainable alternatives with this App. With the App, users will learn about the plastic issue and the alternatives available to the plastic items.

1.4. By accessing and using the App, you acknowledge that you have read and understood this agreement and that you accept and agree to be legally bound by the Terms of Use. If you do not agree to these terms, you should not access or use the App.

2. Applicability

2.1. These Terms of Use apply to the use of the App.

2.2. By using the App (which also includes downloading and installing the App) you, as User of the App, accept these Terms of Use.

2.3. For providing you the App, we need to process personal data - i.e. all information by which a person can be directly or indirectly identified. Please see our Privacy Policy for more information about how we process this personal data.

2.4. These Terms of Use and our Privacy Policy can also be viewed, downloaded and printed via our website ( www.mylittleplasticfootprint.org ) (the “Website”).

2.5. If the App uses services of third parties, also any terms and conditions and/or privacy and cookie policies of those third parties may apply. MLPF is not responsible for the services and the privacy and cookie policies of third parties. In case of any contradiction, these Terms of Use and our Privacy Policy prevails.

3. Use of the App

3.1. The use of the App is for the account and at the risk of the User.

3.2. If the User is under 18 years old, he has to have the permission of his parent or his legal representative to use the App. By accepting these Terms of Use, you confirm and guarantee that you are 18 years or older, or have permission from your parent(s) or legal guardian(s).

3.3. In order to be able to make use of the App, the User himself will have to provide the necessary equipment, system software, and (internet) connection.

4. License and intellectual property

4.1. MLPF grants the User a non‑exclusive, non‑sublicensable and non‑transferable license to use the App. The User is not allowed to use the App for commercial purposes.

4.2. You may not:

4.2.1. Modify, disassemble, decompile or reverse engineer the App(’s software).

4.2.2. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App’s software to any third party or use the App(’s software) to provide time sharing or similar services to any third party.

4.2.3. Use the App for any non-personal and/or commercial purposes.

4.2.4. Make any copies of the App(’s software) or assemble infringing software.

4.2.5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App(’s software), features that prevent or restrict use or make a copy of any content accessible through the MLPF software, or features that enforce limitations on the use of the App(’s software).

4.2.6. Delete the copyright and other proprietary rights notices on the App’s software.

4.2.7. Use the App beyond your approved times, terms and conditions of usage.

4.3. To (continue the) use (of) the App you may have to:

4.3.1. Download and install new releases of the App’s software on your device and agree to the then-current Terms of Use; or

4.3.2. Accept alterations to the Terms of Use to use the App.

4.4. MLPF owns or is licensed to use the intellectual property in and to the MLPF application, including all content, visual interfaces, information, graphics, design, compilation, computer code, products, and software. Nothing in these terms and conditions affects the ownership rights in this intellectual property.

4.5. All trademarks displayed on the App are owned by MLPF, its related corporate bodies or third-party licensors.

4.6. Unless expressly permitted by us, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create, derivate works from, or otherwise make use of MLPF or any part of the App except as permitted in these Terms of Use.

4.7. At all times MLPF has the right to adapt the App, to change or remove data or information, to deny the User the use of the App by terminating the license, to restrict the use of the App and/or to deny the User access to the App in full or in part, temporarily or permanently. MLPF will inform the User about that in the manner MLPF deems fit.

4.8. MLPF welcomes interaction, dialogue and collaboration related to the problem of plastic soup. Get in touch via email.

4.9. The User will always respect and observe the good name and reputation of MLPF, and ensure that his use of the App will in no way prejudice any rights and/or the good name and reputation of MLPF.

5. Liability

5.1. Our App has been composed with the greatest care. However, MLPF cannot guarantee that the App will always be available or will always work without any interruptions, errors or defects, or that the information provided on the App is complete, correct and/or up‑to‑date. MLPF reserves the right to temporarily or permanently to discontinue the App (unannounced), without the User being able to derive any rights therefrom.

5.2. MLPF is not liable for (the accuracy of) any information, Contributions and other materials or communications that Users or others post or provide via the App. MLPF reserves the right (unannounced) to remove any information, Contributions or other materials or statements that have been placed on the App.

5.3. MLPF is not liable for any damage or personal loss or injury resulting from any use of the App. The limitations of liability referred to in this Clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of MLPF.

5.4. The User herewith indemnifies MLPF and holds MLPF harmless from and against any claims by third parties resulting from the use of the App, regardless the correct performance of legal and/or contractual obligations towards MLPF, any other users of the App or any third parties. The User will reimburse to MLPF any damages and costs suffered as a result of such claims.

6. Termination of Use of the App by the User

6.1. The User may terminate the use of the App at any time by removing or uninstalling the App from his mobile device.

6.2. To remove your personal account, please send an email.

7. Miscellaneous

7.1. The Terms of Use set forth the entire understanding and agreement of the parties regarding the subject matter hereof, and replaces and supersedes all prior agreements or representations oral or written regarding its subject matter.

7.2. No omission or delay on the part of MLPF in exercising any right, power or remedy under this Terms of Use, shall prejudice or impair such right, power or remedy or be construed as a waiver thereof. Any single or partial exercise of such right, power or remedy shall not preclude any other or future exercise thereof or the exercise of any other right, power or remedy.

7.3. Should any individual provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the other provisions of these Terms of Use which shall remain in full force and effect.

7.4. MLPF reserves the right to modify or replace these Terms of Use at any time if MLPF finds this reasonably necessary and useful. When we change these Terms of Use in a significant way, we will notify our Users through the App or via mail.

8. Applicable Law, Settlement of Disputes

8.1. These Terms of Use shall be governed and construed by and in accordance with the laws of the Netherlands.

8.2. These Terms of Use do not prejudice your statutory rights as a consumer.

8.3. Any disputes arising from or in connection to these Terms of Use shall in first instance be exclusively submitted to the competent court of Amsterdam, the Netherlands.

Version 2 - Last updated January 2020