Terms & Conditions
MediaMorph B.V., Stroombaan 4 (1181 VX) Amstelveen, the Netherlands (‘MediaMorph’) is a Dutch company that develops and exploits software products for consumers, such as the MediaMorph application (‘The Application’). The Application helps users to create personal content they can use for their social media. The Application is a web-based service which is digitally offered to users from 16 years and older. The use of the Application is subject to the terms and conditions below. Using the MediaMorph application constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions are possible only by means of written confirmation by MediaMorph
Article 1. Use of the MediaMorph application
1.1
The Application is designed for users that are 16 years of age or older. Users under the age of 16 years need permission from their parents or legal guardians to download and register (see below) the application.
1.2
To use the Application, you first need to register with your email address and password or your Google/LinkedIn-account. After entering a code that is received via a confirmation email registration can be completed.
1.3
After successful registration you will be granted a personal usage right for the Application.
1.4
You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. MediaMorph may assume that all actions undertaken from your account after logging in with your username and password are authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Mediamorph that someone else knows and/or uses your password.
1.5
The Application processes your personal data and data of your device. Consult the privacy statement for more information about how we use your personal data.
Article 2. Terms of use
2.1
It is not permitted to use the Application for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous, or racist.
2.2
It is not permitted to:
decompile or reverse engineer the source code of the application, except to the extent permitted by mandatory law.
supply copies of the application to third parties.
sublicense the application or to make the application available to third parties, by rental, Software-as-a-Service constructs or otherwise.
modify the application, except to the extent permitted by mandatory law.
2.3
Should MediaMorph discover that you violate any of the above, or receive a complaint alleging the same, then MediaMorph may intervene to end the violation.
2.4
If in the opinion of MediaMorph the continued functioning of the computer systems or network of MediaMorph or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, MediaMorph may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5
MediaMorph is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6
MediaMorph may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless MediaMorph from all third-party claims arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1
MediaMorph uses its best efforts to always have the service available but makes no guarantees about uninterrupted availability.
3.2
MediaMorph actively maintains the MediaMorph application. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible and appropriate.
3.3
MediaMorph may from time to time adapt the MediaMorph application. Your feedback and suggestions are welcome but ultimately MediaMorph decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1
The Application, the accompanying software as well as all information and content on the website is the intellectual property of MediaMorph. None of these items may be copied or used without prior written permission of MediaMorph, except and to the extent permitted by mandatory law.
4.2
The information you store or process using the service is and remains your property (or the property of your suppliers or licensors). MediaMorph receives a limited license to use this information for the service, including for future aspects thereof.
Article 5. Compensation for the service
5.1
The use of the basic module of the Application is free of charge. For the extended version of the Application, a payment obligation applies in accordance with the prices stated on the website. The user license mentioned in 1.3. is granted by MediaMorph after receipt of payment of the corresponding amount.
Article 6. Limitation of liability
6.1
Except in case of intentional misconduct or gross negligence MediaMorph shall not be liable for the use of the Application or any damages in connection therewith.
6.2
MediaMorph in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3
Damages may only be claimed if reported in writing to MediaMorph at most two months after discovery.
6.4
In case of force majeure MediaMorph is never required to compensate you for the damage suffered by you. Force majeure includes among other disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires, and floods.
Article 7. Term and termination
7.1
This agreement enters into force as soon as you first use the service and then remains in force until terminated. You can terminate this agreement at any time with immediate effect by deleting the Application from your mobile device.
7.2
MediaMorph is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event MediaMorph shall first send a reminder mail to the e-mail address connected to your account.
Article 8. Changes to terms
8.1
MediaMorph may change or add to these terms and conditions as well as any prices at any time.
8.2
MediaMorph strives to announce changes or additions via the service as soon as possible before they come into effect.
8.3
If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Application after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Changes to terms
9.1
Dutch law applies to this agreement.
9.2
Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with MediaMorph application shall be brought before the competent Dutch court for the principal place of business of MediaMorph.
9.3
For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4
The version of any communication of information as recorded by MediaMorph shall be deemed to be authentic unless you supply proof to the contrary.
9.5
In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6
MediaMorph is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the Application or the associated business activities.
Version:
27 March 2025
