Terms of service

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1. Introduction

The Application “Biblical Sermons” is operated by Dropcatcher.nl B.V., located at Wim Duisenbergplantsoen 31, 6221SE Maastricht. This document outlines the Terms and Conditions governing your use of our digital services and products, establishing a legally binding agreement between you (the "User") and Dropcatcher.nl B.V. (the "Owner").

By accessing and using this Application, you agree to comply with and be bound by these Terms. It is essential that you read this document carefully before using our Application, as it affects your legal rights and obligations.

2. Definitions and Legal References

This section provides clarity on the terms used throughout these Terms of Service:

• This Application: Refers to the application “Biblical Sermons”, managed by Dropcatcher.nl B.V., which facilitates the provision of our Services.
• Agreement: Represents any binding or legal relationship between the Owner and the User, governed by these Terms.
• Business User: Identifies any User who engages with the Application in a commercial or business capacity.
• Consumer: Any User recognized under applicable consumer protection laws as a consumer, who uses the Application for personal, non-business related purposes.
• Digital Product: Products consisting of digital content or services that allow creation, processing, storing, accessing, or interaction with digital data.
• European (or Europe): Applies to Users based within the EU, regardless of their nationality or the specific EU member state.
• Owner (or We): Dropcatcher.nl B.V., the entity that provides this Application and the related Service.
• Product: Any good or service made available through this Application, which may include physical items, digital files, software, booking services, and others as defined herein.
• Service: The functionality and related services provided through this Application as described in these Terms.
• User (or You): Any natural person or legal entity utilizing this Application, irrespective of the purpose (business or personal).

3. Acceptance of the Terms

By accessing and using this Application, you confirm that you meet the following conditions:

• You have either consumer or business status with no restrictions.
• You are not located in any country under a U.S. Government embargo, or designated as a “terrorist-supporting” country.
• You are not listed on any U.S. Government list of prohibited or restricted parties.

Your use of this Application signifies your acceptance of these Terms and your agreement to be bound by them. If you do not agree with any part of these Terms, you should discontinue using this Application immediately. Each use of the Application reaffirms your continued agreement to the current Terms.

4. Usage of the Application

When using this Application, you are required to adhere strictly to the following usage guidelines:

• The Application and Service are to be used solely for the purposes intended and within the scope of your allowed activities under these Terms and applicable law.
• You must not misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application is prohibited.
• Engaging in any activity that disrupts or interferes with the Application, including its servers and networks, is not allowed.
• You are responsible for ensuring that all persons who access the Application through your internet connection are aware of these Terms and comply with them.

The Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or its Service, terminating contracts, and reporting any misconduct to competent authorities if Users engage in any actions that:

• Violate any laws, regulations, or these Terms.
• Infringe on any third-party rights.
• Significantly impair the Owner’s legitimate interests.
• Offend the Owner or any third party.

Adherence to these conditions is essential for the continuous, secure, and compliant use of the Service provided by this Application.

5. Account and User Registration

To access certain features of this Application, you may need to create an account. In doing so, you must:

• Provide accurate and complete information as prompted by the registration form.
• Maintain the security of your account, including controlling the confidentiality of your password and access to your computer and account.
• Accept full responsibility for all activities that occur under your account, including any actions taken by persons to whom you have granted access to your account.

It is important to notify us immediately if you become aware of any breach of security or unauthorized use of your account. The Owner is not liable for any acts or omissions by you in connection with your account, including any damages of any kind incurred as a result of such acts or omissions.

By creating an account, you affirm that your use of the Application does not violate any applicable law or regulation.

6. Sale of Products and Services

Product Description and Availability

The Application offers various products and services, which are described and listed in the Application.

Prices, descriptions, and availability of products are subject to change without notice; however, such changes will not affect orders that have already been accepted.

Order Submission

Submitting an order constitutes a binding contract, creating an obligation for you to make the necessary payments as specified on the order page.

If a product requires additional user input, like personal information or specifications, you are obliged to provide accurate and complete information.

Methods of Payment

Accepted payment methods are indicated during the purchasing process, and any associated conditions or fees are clearly stated.

All payments are processed through third-party services; this Application does not directly collect payment details.

Failure of payment through these methods entitles the Owner to cancel the order and seek compensation for any accrued expenses or damages.

Rights and Obligations

Until the total purchase price is received, the products ordered remain the property of the Owner. You acquire the rights to use the purchased product only upon full payment.

Failure of Payment

If a payment is unsuccessful or refused, the Owner is not obliged to fulfill the purchase order and may seek compensation for related expenses.

7. Subscription and Cancellations

Subscription Types and Payment

Subscriptions enable Users to regularly receive a product over a designated period of time.

Subscription payments are made upfront, and services commence once the payment is processed.

Continuous service requires timely payment of the recurring fee; failure to do so may result in service interruption.

Subscriptions automatically renew for the same duration unless canceled at least 24 hours before the current period ends.

The renewal charges are applied within 24 hours before the end of the current subscription period.

Subscription via Apple App Store

Users have the option to subscribe using their App Store account through the Application.

Payments for these subscriptions are charged to the payment method selected by the user in their Apple account.

Management and cancellation of these subscriptions can be done through the Users' Apple App Store account settings.

Subscription via Google App Store

Users have the option to subscribe using their Google Store account through the Application.

Payments for these subscriptions are charged to the payment method selected by the user in their Google account.

Management and cancellation of these subscriptions can be done through the Users' Google Play Store account settings.

Cancellation Procedures

Users may terminate their subscription through the in-application controls.

Termination of open-ended subscriptions is effective immediately after the Owner receives the termination notice and confirms the termination.

Effect of Cancellation

Upon cancellation, all rights to access and use the subscribed products will cease from the termination date, and no further charges will be incurred.

Cancellations are conducted in accordance with these clear procedures to ensure that both parties understand their rights and obligations upon the termination of services.

8. Intellectual Property Rights

Ownership and Use of Content

All content available on this Application, unless otherwise specified or clearly recognizable, is owned or provided by the Owner or its licensors. This includes but is not limited to text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Application.

The Owner holds and reserves all intellectual property rights for such content. Users may not use this content in ways not necessary or implicit in the proper use of the Service.

Access to External Resources

Through this Application, Users may have access to external resources provided by third parties. The Owner has no control over such resources and is not responsible for their content or availability.

Terms and conditions or applicable laws of third parties or statutory laws will govern the grant of rights in content from external resources.

Acceptable Use of Service

Users must respect the intellectual property rights of the Owner and third parties while using the Application. Any unauthorized use of the content may constitute a violation of intellectual property laws.

User-Generated Content

Users may be allowed to upload, share or contribute content to the Application. In such cases, Users grant the Owner a non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with the operation of the Application.

Protection and Enforcement

The Owner undertakes to protect its intellectual property rights to the fullest extent of the law from unauthorized use or infringement by third parties.

9. Content provided by Users

User Contributions

Users may have the opportunity to create, upload, or share content through the Application. This includes text, images, videos, and other digital information.

By submitting content, Users grant the Owner a non-exclusive, worldwide, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute such content in any existing or future media.

User Responsibility

Users are solely responsible for their own content and the consequences of submitting and publishing it on the Application. Users must ensure they have all the necessary rights to the content they post and that they do not infringe or violate any third-party rights.

Users must ensure that their content does not contain material that is illegal, offensive, or capable of violating any local, national, or international law or standards.

Review and Removal of Content

The Owner reserves the right to review, monitor, edit, or remove user-generated content at its sole discretion if it believes that the content violates these Terms, applicable laws, or third-party rights.

Users are encouraged to report any content they believe to violate their rights or these Terms using the contact details provided.

Liability

Users acknowledge that by using the Application, they may be exposed to materials they find offensive, indecent, or objectionable, and agree that under no circumstances will the Owner be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Application.

10. Termination and Suspension

Rights to Terminate

The Owner reserves the right to terminate or suspend a User's access to the Application or its Service without prior notice or liability, for reasons including but not limited to:

• Violations of these Terms;
• Requests by law enforcement or other government agencies;
• Discontinuation or material modification of the Application or any service offered on or through the Application;
• Unexpected technical or security issues or problems;
• Extended periods of inactivity by the User.

User Initiated Termination

Users may terminate their agreement with these Terms at any time by discontinuing the use of the Application and notifying the Owner through the designated contact methods provided.

Consequences of Termination

Upon termination, the User's right to use the Application immediately ceases.

The Owner may also delete the User’s account and any related information and files in the account without liability to the User.

Any provisions of these Terms that, by their nature, should survive termination, will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Service Interruption

The Owner may, at its sole discretion, choose to interrupt the Service for operational reasons such as maintenance or updates. Users will be informed as appropriate.

11. Rights and Obligations of Users

User Rights

Right of Withdrawal: Users, specifically European Consumers, have the right to withdraw from their purchase within 14 days without giving any reason. The withdrawal period expires 14 days after the date of contract entry for digital content not supplied in a tangible medium. This right must be exercised by notifying the Owner using a clear statement of intent to withdraw.

Complaint Handling: Users may submit complaints regarding the Service or digital products by contacting the Owner through the provided communication channels.

User Obligations

Users must use the Application only for lawful purposes and in compliance with these Terms.

Users are obligated to promptly provide accurate and complete information when required by the service or purchasing process.

Users must ensure secure and confidential use of their account, including safeguarding any passwords or other credentials associated with their account.

Indemnification

Users agree to indemnify and hold harmless the Owner and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from or relating to their use of the Application, violation of these Terms, violation of any rights of another party, or other actions connected with their use of the Application.

12. Limitations and Disclaimers

Service and Content Disclaimer

The Application is provided on an "as is" and "as available" basis. The Owner disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge that they use the Application at their own risk.

The Owner does not guarantee the accuracy, reliability, availability, or completeness of any content or services provided through the Application and will not be liable for any errors, interruptions, or the absence of specific information.

The Application may link to or offer third-party resources, products, or services, over which the Owner has no control and for which the Owner assumes no responsibility.

Limitation of Liability

The Owner's liability for damages, regardless of the form of action, shall not exceed the amount paid by the User to the Owner in the preceding 12 months, except in cases of willful misconduct or gross negligence.

The Owner is not liable for any indirect, special, incidental, consequential, or exemplary damages arising from the use of the Application, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

This limitation applies to all claims related to the Application, such as errors, viruses, or unauthorized access to or use of user accounts or data.

Indemnification

Users agree to defend, indemnify, and hold the Owner harmless against any claims or damages arising from the User's use of the Application, violation of these Terms, or infringement of any third-party rights.

Applicability of Disclaimers and Limitations

The above disclaimers, exclusions, and limitations of liability apply to the fullest extent permitted by law, but do not affect any statutory rights that cannot be excluded or limited under applicable law.

13. Miscellaneous Provisions

No Waiver

The failure of the Owner to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Service Interruption

For maintenance or updates, the Owner reserves the right to interrupt the Service. Users will be notified of such interruptions as needed.

The Owner may also decide to discontinue the Service entirely, in which case efforts will be made to facilitate the orderly withdrawal of User data according to applicable laws.

Service Reselling

Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Application and its Service without the express written permission of the Owner, granted either directly or through a legitimate reselling program.

Privacy Policy

The use of personal data collected through the Application is covered under the Application's privacy policy, which forms an integral part of these Terms.

Intellectual Property

All intellectual property rights related to the Application and its content are owned by the Owner or its licensors. Users must not infringe upon these rights. Unauthorized use may result in legal action.

Severability

If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will continue to be effective.

US Users

Specific provisions apply to Users within the United States, including waiver rights to trial by jury in connection to litigation and claims.

EU Users

If provisions are void or unenforceable under EU law, parties will seek to agree on valid provisions to replace them. If not possible, applicable statutory provisions will take precedence.

14. Governing Law and Jurisdiction

Governing Law

These Terms are governed by the laws of the country where the Owner is based, specifically the laws of the Netherlands, without regard to its conflict of law provisions.

Prevalence of National Law

If the laws of the country where the User is located offer higher consumer protection standards, such higher standards shall prevail over the Terms set here.

Venue of Jurisdiction

The courts located in the place where the Owner is based, Maastricht, Netherlands, will have exclusive jurisdiction over any disputes arising from or related to these Terms or the use of the Application.

Exceptions for European Consumers

Users who qualify as European Consumers have the right to pursue claims in the jurisdiction of their residence according to EU consumer protection laws. Additionally, this provision covers consumers based in the United Kingdom, Switzerland, Norway, or Iceland, recognizing their rights to file a claim within their local jurisdictions.

15. Changes to the Terms

Amendments

The Owner reserves the right to amend or modify these Terms at any time. Changes to the Terms will be communicated to Users through appropriate channels, such as via the Application or through the account registered email.

Effective Date

Any changes made to the Terms will take effect from the date specified in the notice to Users, allowing Users time to review the modifications.

Acceptance of Changes

Continued use of the Application after changes to the Terms have been announced and the effective date has passed constitutes acceptance of the revised Terms. If a User does not agree with the updated Terms, they should cease using the Application immediately.

Historical Versions

The relationship between the User and the Owner prior to any new changes will be governed by the version of the Terms that was in effect at that time. Users may request previous versions of the Terms from the Owner.

These Terms come into effect on May 9, 2024.