Last update: [04.03.2022]
IMPORTANT – READ CAREFULLY BEFORE YOU USE OR INSTALL THIS APPLICATION: these terms of service are a legal agreement between you (an End User) and Nine Engineering. By checking the “I agree” checkbox, accessing, installing, downloading or otherwise using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, then you are not allowed to use, download or otherwise access the Application and Nine Engineering does not grant you a license to use the Application.
The following definitions shall apply in these Terms regardless of whether they are used in their plural or singular form:
“Application” means the “NineID® App”, a mobile application and web application designed and developed by Nine Engineering and made available to you, in object code only, pursuant to these Terms.
“Nine Engineering” means Nine Engineering BV, a company organized and existing under the laws of Belgium having its registered office at Stapelplein 70 box 103, 9000, Ghent (Belgium) and registered with company number 0752.969.527.
“Documentation” means any user guides that Nine Engineering might make available to you from time to time in connection with the Application. Changes to the Documentation will be notified by Nine Engineering to you from time to time.
“End User” or “you” means the individual accessing and/or using the Application. You will typically be an employee, officer, freelancer, contractor, consultant or visitor of an Organization or a Subcontractor.
“Intellectual Property Rights” means (non-exhaustive list) patents, trademarks, copyrights, rights in software programs (both in object code and source code), design rights, database rights, proprietary rights in know-how, business names, trade names, rights in confidential information (including without limitation know-how and trade secrets) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the afore listed which may subsist anywhere in the world, and any other intellectual or industrial property rights in any country and any existing or future applications for or registrations of such rights.
“Organization” means a legal entity that has entered into a legal agreement with Nine Engineering for the purchase of the Application.
“Subcontractor” means a legal entity that is subcontracted by an Organization.
“Terms” means these terms of use, as may be amended from time to time by Nine Engineering.
“User Role” means one of the various roles assigned to the End Users by an Organization. Each User Role may include different access rights and authorizations in the Application. Please contact the Organization for more information about the specific access rights and authorizations granted to a specific User Role.
These Terms are applicable to your use of the Application and describe your rights and obligations with regard to the Application, Documentation and related services.
Nine Engineering grants you a revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to access and use the Application and Documentation, and, where applicable, download and install the Application on your mobile device (via an app store where Nine Engineering may make the Application available for download), strictly in accordance with these Terms and any accompanying written Documentation. This license is granted to you solely for access control and identification purposes (i.e. for authenticating you to access the Organization) and you may not use the Application for any other purposes.
You can only use the Application after registration of your account upon invitation by an Organization or a Subcontractor. Please contact the Organization or the Subcontractor that invited you to use the Application if you encounter any issues during the registration process or if you have any questions regarding your registration.
Your account is personal and you must keep your account details (such as your username, password and/or pincode) safe and you may not disclose them to third parties.
While using the Application, you are obliged to:
While using the Application, you may not (directly or indirectly):
The Application allows you to authenticate yourself for your access to an Organization. For these purposes you may share your own content on the Application (such as personal identification data, copy of ID card, driver’s license, license plate, certificates, face images and other personal details, hereinafter “End User Content”).
You hereby grant Nine Engineering the right to use such End User Content for the purposes of providing the Application and the related services.
You acknowledge and agree that you are solely responsible for any End User Content you publish while using the Application in any form.
In particular, you are not permitted to store or transmit any End User Content that is harassing, libelous, threatening, obscene, indecent, criminal, deceptive, fraudulent or any other action that is otherwise unlawful or invasive of others privacy, would violate Intellectual Property Rights of any party, is otherwise unlawful under any applicable law or regulation, or would adversely or negatively affect or reflect Nine Engineering’s name, reputation or goodwill.
Nine Engineering is not responsible for any End User Content that is shared by you via the Application. If you suspect that other End Users have published End User Content that violates the provisions of this clause 4.4, you must inform Nine Engineering thereof immediately.
Nine Engineering reserves the right to immediately remove or block End User Content that violates the provisions of this clause 4.4, without any formalities being required and without prejudice to any other right Nine Engineering may have under applicable law.
All Intellectual Property Rights vested in the Application, the Documentation and related services are the sole and exclusive property of Nine Engineering (or its licensors) and are protected by the applicable copyrights and other applicable rights in accordance with local, national and international legislation.
Nine Engineering does not grant you any other rights to the Application and Documentation than granted pursuant these Terms. The rights in the Application and Documentation described in these Terms are licensed (not sold) to you and you shall not in any way acquire any title, rights of ownership, copyrights, Intellectual Property Rights or other proprietary rights of whatever nature in the Application or the Documentation.
Except as otherwise provided in these Terms, you shall not (directly or indirectly), without the written consent of Nine Engineering:
For support related matters, you should in first instance contact the Organization (or the person assigned by the Organization).
However, if you encounter any problems when using the Application or want to learn more about the Application, you can also take a look at our online helpdesk.
We will make commercially reasonable efforts to ensure a continued availability of the Application. However, we do not guarantee that the Application shall be accessible or available at any time, any place or on any End User device. The Application may for example not be available during periods of maintenance carried out by Nine Engineering or its hosting provider (which can be either planned or unplanned). If feasible, maintenance by Nine Engineering shall be carried out outside of regular business hours and Nine Engineering shall inform you as soon as reasonably possible of any such maintenance.
Nine Engineering reserves the right to modify or update the Application from time to time to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
The Application, Documentation and related services are made available to you “as is”. Nine Engineering disclaims all warranties of any kind, either express or implied, including but not limited to implied warranties of accuracy or completeness of data, merchantability and fitness for a particular purpose, or non-infringement with respect to the application and the accompanying written documentation.
Nine Engineering shall only be liable for direct damages caused by Nine Engineering that were foreseeable and Nine Engineering’s maximum liability shall, subject to the maximum extent permitted under applicable law, not exceed an amount of fifty (50) euro per event and in the aggregate.
Subject to the maximum extent permitted by law, Nine Engineering shall not be liable to you for any indirect, punitive, special, consequential, or similar damage (including damages for loss of profit, lost revenue, loss of business, loss of corruption of data, loss of goodwill and reputational damage) incurred due to the use of the application.
In any case, Nine Engineering shall not be liable for damages caused by the Organization.
During your use of the Application, Nine Engineering collects and processes your personal data as a data processor on behalf of the Organization (as data controller) in accordance with the instructions, the legal basis and the purposes as determined by the Organization (including to enable Nine Engineering to perform its contractual obligations under the agreement concluded with the Organization).
If you have given your explicit consent, Nine Engineering will process your biometric data for the access control purposes. You are completely free to give your consent or to choose an alternative solution that is based on a QR code or Bluetooth (to be determined by the Organization). Please know that you are also free to withdraw your consent at any time.
Please contact the Organization (being the data controller) if you wish to receive more information about the legal basis and the purposes of the processing of your personal data.
To learn more about our use of your personal data and how Nine Engineering protects your personal data, please read our Privacy Policy which can be found here: www.nineid.com/application/privacy-policy.
Nine Engineering reserves the right to change these Terms from time to time (e.g. to reflect changes in applicable law, best practices or to deal with additional feature(s) which we may introduce).
Any change will be notified to you by e-mail or advised to you on your next log-in to the Application, thirty (30) days prior to entering into force, unless that change is needed to comply with relevant law (in which case, the change may be enforced immediately). The date of the most recent version is shown on the first page of these Terms. Please review these Terms periodically to stay informed of changes that may affect you.
By accessing or otherwise using the Application after the Terms have been changed in accordance with this clause, you agree to be bound by the amended Terms. If you do not agree with any of the amended Terms, you will have no right to access and use the Application.
These Terms shall apply for as long as you maintain your account in the Application.
If you do not comply with these Terms, Nine Engineering reserves the right to immediately terminate (or alternatively, at Nine Engineering’s discretion, refuse or suspend) your access to the Application, without any formalities being required and without prejudice to any other right Nine Engineering may have under applicable law.
In following circumstances your access to a particular Organization may be refused:
The provisions of these Terms that are expressly or implicitly intended to survive termination, shall survive expiration or termination of your access and use of the Application, including without limitation, the provisions relating to Intellectual Property Rights and limitation of liability.
Nine Engineering is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by force majeure or events outside of its control. In such case Nine Engineering will inform you as soon as possible and shall undertake such steps to minimize the effects of force majeure or events outside of its control.
Without written approval of Nine Engineering, you may not transfer your rights or your obligations under these Terms to another person.
If any provision of these Terms is held to be unenforceable (in whole or in part), the other provisions shall nevertheless continue in full force and effect. The provisions found to be unenforceable shall be enforceable to the full extent permitted by applicable law.
These Terms may be waived only by a written document signed by the party entitled to the benefits of one or more provisions of these Terms. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or conditions, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given, and shall not constitute a continuing waiver or consent.
These Terms shall be governed by and construed in accordance with the laws of Belgium and the parties hereto submit to the exclusive jurisdiction of the courts of Ghent (Ghent division), Belgium.
Before initiating proceedings before the competent courts, you shall exercise reasonable good faith efforts to amicably settle any disputes that might arise during the execution of these Terms.