TERMS & CONDITIONS
Last Updated: May 2024
Terms & Conditions Firsty
These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you and Bamboo Connected BV (Firsty), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE NOT ALLOWED TO USE THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert customers duly about any changes by updating the “Last updated” date of these Terms and Conditions by any means we deem appropriate.
1. Mobile data via eSIM technology
Bamboo Connected BV (with application Firsty) is a company based in the Netherlands that offers prepaid data roaming bundles (“Data Plan”) through eSIM technology (as a whole: the “Service”). Firsty may be reselling the Service through a Partner or an Agent.
2. Terms of service
2.1. Registration
2.1.1. The customer may register for the Service through our Firsty App or via other partners or agents.
2.1.2. The customer must provide his or her First and Last name, and verifiable email address or phone number to register. Other personal information can be provided voluntarily.
2.1.3. The customer must agree with the General Terms and Conditions and the Privacy Policy and Cookies Policy to register for the Service.
2.2. Purchase and Activation
2.2.1. Customers acknowledge that they have an unlocked, eSIM-compatible device, which is a prerequisite to use the Service.
2.2.2. To implement the Service, the customer must first download the Firsty Application.
2.2.3. After, customers must download the eSIM onto the customer device in order to select a preferred Data Plan.
2.2.4. The downloading of the Application and the eSIM is free of charge however requires stable internet connection..
2.2.5. Once the eSIM is activated, you can choose your preferred Data Plan: Firsty Free or Firsty Fast.
2.2.6. Firsty may restrict the availability of Data Plans for some countries.
2.3. Duration and Termination
2.3.1. The Agreement shall commence immediately following a successful download of eSIM and activation of the Data Plan associated with the eSIM.
2.3.2. The duration of the Agreement will be as per the terms of the Data Plan chosen and will terminate immediately upon the expiry or the consumption of the Service by customer:
With Firsty Free customers enjoy the Service for up to 30 minutes with unlimited data through a basic connection to essential apps like WhatsApp, Messenger, email, and Uber. After that the Service will expire unless they watch a 30-second advertisement to reconnect with unlimited data for the next interval.
With Firsty Fast, the Service will terminate either on full consumption of plan or expiry of duration of the Plan, whichever is earlier.
2.3.4 The downloaded eSIM shall continue to remain on customer’s device after the Agreement has terminated. Customers can choose to remove the eSIM in their phone settings at any time. Hence, by removing the eSIM from the device, you will not automatically terminate your Data Plan nor the Agreement.
2.3.5. Upon termination in accordance with clause 2.3.2., if customers do not delete the eSIM immediately from their device upon consumption or expiry of the Data Plan, the eSIM shall be provided to you on an “as is” basis without a warranty of any kind. Firsty shall have no liability to the customer for such eSIM until such time that you continue with the advertisement to reconnect with FIrsty Free or purchase any Data Plan from us with Firsty Fast, at which point these Terms and Conditions shall apply.
2.3.6. Customers can at any time delete the Application and ask to terminate their Data Plan and/or account by sending an email to support@firsty.app.
2.3.7. Firsty may suspend the Customer’s use of the Service or terminate the Agreement in case of breach of customer obligations mentioned below, with or without any notice. Firsty reserves the rights close the account(s) of any Customer and to request proper payment if the Customer attempts to use Firsty credits, promotions and referrals for the Services (the “Program”) in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
2.4. Performance
2.4.1. The Service is provided on an “as is” and “as available” basis. Firsty shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However, because Firsty relies on technology and networks provided by its partners, the customer acknowledges and accepts that Firsty is dependent for the delivery of the Services on the correct operation of the network, of which Firsty is neither the owner nor the licensee. Firsty shall therefore not be liable for any damage resulting from complete or partial, intentional or unintentional, failure, malfunction and/or maintenance, improvement and/or extension of the network.
2.4.2. Firsty partners with other entities to provide the Service. Firsty is under no obligation to inform the customer if it uses services from such partners.
2.4.3. Our daily service of Firsty Fast is based on a fair usage policy, where the customer of Firsty Fast has access to fast internet speed up until the daily allowance that is specified during checkout and may vary per country. After that, Service will still be provided, but at a lowered internet speed.
2.4.4. The maintenance or development of the Service may require Firsty to restrict or temporarily suspend the Service. In that case, Firsty will (1) make maximum use of the Service’s planned works window and (2) limit the period of restriction or suspension to the time needed for the applicable interventions.
2.4.6. Firsty reserves the right to take, on its own initiative, the measures required in case the integrity of its services and the proper functioning of its network or infrastructure are compromised.
2.5. Customer Obligations
2.5.1. Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.
2.5.2. Customer agrees to submit true, accurate, and complete registration information, and to keep such information up-to-date.
2.5.3. Customer shall be obliged to take all necessary precautions to safeguard the confidentiality of
all identifiers such as PINs, passwords and others (hereinafter "Identifiers") transmitted to the Firsty. Customer is responsible for any misuse or abuse resulting from the voluntary, accidental or unintentional disclosure of these Identifiers.
2.5.4. Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.
2.5.5. Customer agrees that the Service shall be used for personal consumption only.
2.5.6. Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.
2.5.7. Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. Firsty, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Services.
2.5.8. Customer agrees that Firsty may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws. Firsty reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
3. Payment Terms
3.1. The customer may register and buy the Data Plan on the Firsty Application. The payment may be processed through an authorized agent of Firsty.
3.2. All Data Plans are prepaid (in EUR) and all prices include indirect taxes, which will be shown separately on the Invoice or payment invitation in the form of a statement that does not constitute an invoice for tax purposes .
3.3. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of the Data Plan.
4. Right to withdraw
4.1 As the Agreement is concluded at a distance, customer has the right to notify Firsty that they wish to withdraw from the Agreement, without giving any reason and without being held liable for any compensation, within a period of 14 calendar days, starting on the day following the activation of the eSIM.
4.2. If Data Plan Firsty Fast is consumed or depleted, we will provide you with a partial refund proportionate to the reduction in value.
4.2 This right is solely applicable to natural persons acting exclusively for personal purposes, i.e. not in the course of their commercial, industrial, craft or independent activities.
5. Governing Law and Legal Compliance
5.1. This Agreement and any non-contractual obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws of the Netherlands and any dispute shall be dealt in the courts of Amsterdam, unless a special compulsory law stipulates a different jurisdiction.
5.2. Other mandatory rules, regulations and laws of other States or countries may also apply to your use of the Services.
5.3. We may be required to collect certain personal information from you in order to comply with legal and regulatory requirements. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you will provide us with the true and accurate information requested. Our use of your personal information is subject to the terms of our Privacy Policy as available on our website.
6. Intellectual Property Rights
6.1 All intellectual property rights related to Firsty and its Services (including all documents prepared by Firsty as part of the Agreement), as well as all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) shall remain the exclusive property of Firsty and/or third-party suppliers of Firsty. Customers cannot claim any rights to this intellectual property and do not acquire any rights other than those expressly provided for in these Terms and Conditions.
6.2. We grant customer a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by customer, and to access and use the Application on such devices strictly in accordance with the terms of this license. Customer shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (5) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.
6.3 Any infringement on the intellectual property rights of Firsty or its third-party suppliers may lead to civil and criminal prosecution.
6.4 Customer shall indemnify Firsty against any claim allegedly brought based on an alleged infringement of any intellectual property right.
7. Privacy Policy
We take our customers’ privacy seriously. Personal data is processed in accordance with the Firsty Privacy Policy. The Privacy Policy can be consulted at all times on the website.8. Third-party Websites and Content
The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions will then no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between customer and the applicable third party.
9. App Management
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
10. Liability
10.1 Force Majeure
10.1.1.Firsty shall not be held liable for any delays or shortcomings in the provision of its Services whenever these are the result of events or circumstances that are beyond its control, unpredictable or unavoidable, such as acts of war, riots, disturbances, civil unrest, actions of civil or military authorities, embargoes, explosions, strikes or labor conflicts (including those involving its employees), cable cuts, power blackouts (including those blackouts arising from the application of a power cut plan drawn up by the authorities), flooding, prolonged frost, fires or storms.
10.1.2. In case of Force Majeure, Firsty shall have the right to suspend or limit the Service in order to protect the operating environment, without the customer being entitled to claim any damages whatsoever
10.1.3 If invoking such Force Majeure, Firsty must make every reasonable effort to strictly limit the duration thereof. Should these events or circumstances of Force Majeure continue for more than three months, each party may lawfully and by registered letter terminate this Agreement without any compensation being due.
10.2 Liabilty
10.2.1 Firsty shall only be liable for the foreseeable, personal, and certain damage directly resulting from its gross contractual fault or negligence unless in the event of criminal deception or serious misconduct on its part or on the part of one of its employees. Firsty shall not be liable for any compensation for immaterial or consequential damages including, but not limited to, additional costs, lost revenues and profits, loss or corruption of data, loss of customers or loss of contracts.
10.2.2. The liability of Firsty under or in connection with this Agreement, whether arising from contract, negligence or otherwise shall in no event exceed the amount of charges payable by the customer to Fisty under the relevant Data Plan in the 12 months preceding the date of the event giving rise to such liabilities having occurred, or 100 EUR, whichever is greater.
10.2.3. Firsty cannot be held responsible for information transferred or stored by the customer or by any third party using the Services. The communication and dissemination of such information by the customer is done at the customer’s own risk. The customer shall take all the necessary measures to protect the confidentiality and integrity of its data, in particular against viruses and cybercrime. Customers must at all times keep a copy of all their data on an independent carrier and are requested to update this copy.
10.3 Indemnity
10.3.1. The customer agrees to indemnify and keep indemnified Firsty, and its partners, employees, and service providers against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of (1) a breach by you of these Terms and Conditions; and/or (2) any other matter arising out of or in connection with any use you may make of the Service otherwise than in accordance with these Terms and Conditions.
11. General
11.1. Firsty may assign, transfer or subrogate to any company of its group the rights and obligations arising from this Agreement without the express consent and authorization of the customer.
11.2 The nullity, impracticability or unenforceability of one clause of these General Terms and Conditions shall not affect the validity, practicability or enforceability of the other provisions of these General Terms and Conditions, except where the Agreement’s existence should be threatened by the absence of such unlawful provision.
11.3 . In case of conflict or inconsistencies between the documents of the Agreement, the following order of precedence shall apply in decreasing order of priority:
- the Order Form, including any specific terms and conditions applicable to the customer;
- the Contractual Service Descriptions with the Specific Terms;
- the General Terms and Conditions;
All rights reserved
Terms & Conditions Firsty
These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you and Bamboo Connected BV (Firsty), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE NOT ALLOWED TO USE THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert customers duly about any changes by updating the “Last updated” date of these Terms and Conditions by any means we deem appropriate.
1. Mobile data via eSIM technology
Bamboo Connected BV (with application Firsty) is a company based in the Netherlands that offers prepaid data roaming bundles (“Data Plan”) through eSIM technology (as a whole: the “Service”). Firsty may be reselling the Service through a Partner or an Agent.
2. Terms of service
2.1. Registration
2.1.1. The customer may register for the Service through our Firsty App or via other partners or agents.
2.1.2. The customer must provide his or her First and Last name, and verifiable email address or phone number to register. Other personal information can be provided voluntarily.
2.1.3. The customer must agree with the General Terms and Conditions and the Privacy Policy and Cookies Policy to register for the Service.
2.2. Purchase and Activation
2.2.1. Customers acknowledge that they have an unlocked, eSIM-compatible device, which is a prerequisite to use the Service.
2.2.2. To implement the Service, the customer must first download the Firsty Application.
2.2.3. After, customers must download the eSIM onto the customer device in order to select a preferred Data Plan.
2.2.4. The downloading of the Application and the eSIM is free of charge however requires stable internet connection..
2.2.5. Once the eSIM is activated, you can choose your preferred Data Plan: Firsty Free or Firsty Fast.
2.2.6. Firsty may restrict the availability of Data Plans for some countries.
2.3. Duration and Termination
2.3.1. The Agreement shall commence immediately following a successful download of eSIM and activation of the Data Plan associated with the eSIM.
2.3.2. The duration of the Agreement will be as per the terms of the Data Plan chosen and will terminate immediately upon the expiry or the consumption of the Service by customer:
With Firsty Free customers enjoy the Service for up to 30 minutes with unlimited data through a basic connection to essential apps like WhatsApp, Messenger, email, and Uber. After that the Service will expire unless they watch a 30-second advertisement to reconnect with unlimited data for the next interval.
With Firsty Fast, the Service will terminate either on full consumption of plan or expiry of duration of the Plan, whichever is earlier.
2.3.4 The downloaded eSIM shall continue to remain on customer’s device after the Agreement has terminated. Customers can choose to remove the eSIM in their phone settings at any time. Hence, by removing the eSIM from the device, you will not automatically terminate your Data Plan nor the Agreement.
2.3.5. Upon termination in accordance with clause 2.3.2., if customers do not delete the eSIM immediately from their device upon consumption or expiry of the Data Plan, the eSIM shall be provided to you on an “as is” basis without a warranty of any kind. Firsty shall have no liability to the customer for such eSIM until such time that you continue with the advertisement to reconnect with FIrsty Free or purchase any Data Plan from us with Firsty Fast, at which point these Terms and Conditions shall apply.
2.3.6. Customers can at any time delete the Application and ask to terminate their Data Plan and/or account by sending an email to support@firsty.app.
2.3.7. Firsty may suspend the Customer’s use of the Service or terminate the Agreement in case of breach of customer obligations mentioned below, with or without any notice. Firsty reserves the rights close the account(s) of any Customer and to request proper payment if the Customer attempts to use Firsty credits, promotions and referrals for the Services (the “Program”) in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
2.4. Performance
2.4.1. The Service is provided on an “as is” and “as available” basis. Firsty shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However, because Firsty relies on technology and networks provided by its partners, the customer acknowledges and accepts that Firsty is dependent for the delivery of the Services on the correct operation of the network, of which Firsty is neither the owner nor the licensee. Firsty shall therefore not be liable for any damage resulting from complete or partial, intentional or unintentional, failure, malfunction and/or maintenance, improvement and/or extension of the network.
2.4.2. Firsty partners with other entities to provide the Service. Firsty is under no obligation to inform the customer if it uses services from such partners.
2.4.3. Our daily service of Firsty Fast is based on a fair usage policy, where the customer of Firsty Fast has access to fast internet speed up until the daily allowance that is specified during checkout and may vary per country. After that, Service will still be provided, but at a lowered internet speed.
2.4.4. The maintenance or development of the Service may require Firsty to restrict or temporarily suspend the Service. In that case, Firsty will (1) make maximum use of the Service’s planned works window and (2) limit the period of restriction or suspension to the time needed for the applicable interventions.
2.4.6. Firsty reserves the right to take, on its own initiative, the measures required in case the integrity of its services and the proper functioning of its network or infrastructure are compromised.
2.5. Customer Obligations
2.5.1. Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.
2.5.2. Customer agrees to submit true, accurate, and complete registration information, and to keep such information up-to-date.
2.5.3. Customer shall be obliged to take all necessary precautions to safeguard the confidentiality of
all identifiers such as PINs, passwords and others (hereinafter "Identifiers") transmitted to the Firsty. Customer is responsible for any misuse or abuse resulting from the voluntary, accidental or unintentional disclosure of these Identifiers.
2.5.4. Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.
2.5.5. Customer agrees that the Service shall be used for personal consumption only.
2.5.6. Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.
2.5.7. Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. Firsty, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Services.
2.5.8. Customer agrees that Firsty may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws. Firsty reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
3. Payment Terms
3.1. The customer may register and buy the Data Plan on the Firsty Application. The payment may be processed through an authorized agent of Firsty.
3.2. All Data Plans are prepaid (in EUR) and all prices include indirect taxes, which will be shown separately on the Invoice or payment invitation in the form of a statement that does not constitute an invoice for tax purposes .
3.3. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of the Data Plan.
4. Right to withdraw
4.1 As the Agreement is concluded at a distance, customer has the right to notify Firsty that they wish to withdraw from the Agreement, without giving any reason and without being held liable for any compensation, within a period of 14 calendar days, starting on the day following the activation of the eSIM.
4.2. If Data Plan Firsty Fast is consumed or depleted, we will provide you with a partial refund proportionate to the reduction in value.
4.2 This right is solely applicable to natural persons acting exclusively for personal purposes, i.e. not in the course of their commercial, industrial, craft or independent activities.
5. Governing Law and Legal Compliance
5.1. This Agreement and any non-contractual obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws of the Netherlands and any dispute shall be dealt in the courts of Amsterdam, unless a special compulsory law stipulates a different jurisdiction.
5.2. Other mandatory rules, regulations and laws of other States or countries may also apply to your use of the Services.
5.3. We may be required to collect certain personal information from you in order to comply with legal and regulatory requirements. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you will provide us with the true and accurate information requested. Our use of your personal information is subject to the terms of our Privacy Policy as available on our website.
6. Intellectual Property Rights
6.1 All intellectual property rights related to Firsty and its Services (including all documents prepared by Firsty as part of the Agreement), as well as all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) shall remain the exclusive property of Firsty and/or third-party suppliers of Firsty. Customers cannot claim any rights to this intellectual property and do not acquire any rights other than those expressly provided for in these Terms and Conditions.
6.2. We grant customer a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by customer, and to access and use the Application on such devices strictly in accordance with the terms of this license. Customer shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (5) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.
6.3 Any infringement on the intellectual property rights of Firsty or its third-party suppliers may lead to civil and criminal prosecution.
6.4 Customer shall indemnify Firsty against any claim allegedly brought based on an alleged infringement of any intellectual property right.
7. Privacy Policy
We take our customers’ privacy seriously. Personal data is processed in accordance with the Firsty Privacy Policy. The Privacy Policy can be consulted at all times on the website.8. Third-party Websites and Content
The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions will then no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between customer and the applicable third party.
9. App Management
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
10. Liability
10.1 Force Majeure
10.1.1.Firsty shall not be held liable for any delays or shortcomings in the provision of its Services whenever these are the result of events or circumstances that are beyond its control, unpredictable or unavoidable, such as acts of war, riots, disturbances, civil unrest, actions of civil or military authorities, embargoes, explosions, strikes or labor conflicts (including those involving its employees), cable cuts, power blackouts (including those blackouts arising from the application of a power cut plan drawn up by the authorities), flooding, prolonged frost, fires or storms.
10.1.2. In case of Force Majeure, Firsty shall have the right to suspend or limit the Service in order to protect the operating environment, without the customer being entitled to claim any damages whatsoever
10.1.3 If invoking such Force Majeure, Firsty must make every reasonable effort to strictly limit the duration thereof. Should these events or circumstances of Force Majeure continue for more than three months, each party may lawfully and by registered letter terminate this Agreement without any compensation being due.
10.2 Liabilty
10.2.1 Firsty shall only be liable for the foreseeable, personal, and certain damage directly resulting from its gross contractual fault or negligence unless in the event of criminal deception or serious misconduct on its part or on the part of one of its employees. Firsty shall not be liable for any compensation for immaterial or consequential damages including, but not limited to, additional costs, lost revenues and profits, loss or corruption of data, loss of customers or loss of contracts.
10.2.2. The liability of Firsty under or in connection with this Agreement, whether arising from contract, negligence or otherwise shall in no event exceed the amount of charges payable by the customer to Fisty under the relevant Data Plan in the 12 months preceding the date of the event giving rise to such liabilities having occurred, or 100 EUR, whichever is greater.
10.2.3. Firsty cannot be held responsible for information transferred or stored by the customer or by any third party using the Services. The communication and dissemination of such information by the customer is done at the customer’s own risk. The customer shall take all the necessary measures to protect the confidentiality and integrity of its data, in particular against viruses and cybercrime. Customers must at all times keep a copy of all their data on an independent carrier and are requested to update this copy.
10.3 Indemnity
10.3.1. The customer agrees to indemnify and keep indemnified Firsty, and its partners, employees, and service providers against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of (1) a breach by you of these Terms and Conditions; and/or (2) any other matter arising out of or in connection with any use you may make of the Service otherwise than in accordance with these Terms and Conditions.
11. General
11.1. Firsty may assign, transfer or subrogate to any company of its group the rights and obligations arising from this Agreement without the express consent and authorization of the customer.
11.2 The nullity, impracticability or unenforceability of one clause of these General Terms and Conditions shall not affect the validity, practicability or enforceability of the other provisions of these General Terms and Conditions, except where the Agreement’s existence should be threatened by the absence of such unlawful provision.
11.3 . In case of conflict or inconsistencies between the documents of the Agreement, the following order of precedence shall apply in decreasing order of priority:
- the Order Form, including any specific terms and conditions applicable to the customer;
- the Contractual Service Descriptions with the Specific Terms;
- the General Terms and Conditions;
All rights reserved
