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Terms of Use

Effective from: 2022-06-28

These are the Terms of Use for Management Drives Holding B.V. and its future affiliated companies (“Management Drives”). These Terms of Use govern your use of the Management Drives mobile application (“MD App”) and website on which Management Drives profiles can be created, information about the meaning of drives can be found, and a combination of profiles can be displayed (the “Services”). MD is a Mobile application developed by Management Drives. *Management Drives has authorised AppInChina to publish and provide maintenance to the App in Mainland China.

Management Drives’ Privacy Statement also applies when using the Services. Management Drives’ Privacy Statement explains how Management Drives handles the processing of your personal data as data processor or controller within the meaning of European legislation on privacy and data protection (the General Data Protection Regulation (“GDPR”)).

Services

By using the Services (including downloading and installing the App and/or creating an account), you accept these Terms of Use and the Privacy Statement. If you do not agree, you may not use the Services. Management Drives may amend these Terms of Use and the Privacy Statement at any time. We therefore recommend that you regularly consult the Management Drives Privacy Statement.

The Services are made available to you by Management Drives together with our service providers and designated expert partners. Unless otherwise agreed, Management Drives only provides for the development and hosting of the MD App. In that capacity, Management Drives acts as a processor within the meaning of the GDPR. If a Management Drives partner provides assistance for Management Drives profiles, this partner is responsible for the performance of the work and the processing of your personal data and must comply with the applicable laws and regulations. We therefore refer you to the partner’s privacy statement. Management Drives does not accept any liability for the partner and/or the partner’s activities.

Content

All content offered on the Services, such as the content of the MD app, including the underlying software, changes, improvements and updates, texts, graphics, images, video and sound clips and the theory behind Management Drives (the “Content”) is and remains the exclusive property of Management Drives. All intellectual property rights and/or comparable rights vested in the Content are vested in and are the exclusive property of Management Drives.

You may not sell, transfer, assign, license, sublicense, or modify the Content without Management Drives’ prior consent or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose except as authorized under these Terms of Use and/or according to the functionalities the Services provide.

User content

By accepting these Terms of Use, you grant us the right to collect and process all personally identifiable information communicated with or via the App and/or data generated therefrom, such as the Management Drives profile (“User Content”) in order for us to provide you our Services.

Only authorized Management Drives employees who are responsible for the management of the database have access to the data, including personal data. These employees are bound by a confidentiality agreement.

Use of the Services is strictly personal and at your sole risk and expense. You retain ownership of the User Content. You may, at your discretion, grant other users of the Services access to your User Content through your account settings. We will refrain from publishing or sharing such content with others. You acknowledge that regardless of whether such User Content is shared, you are solely responsible for the information sent and/or shared by you.

Use of the services

The access data to your account must be protected from unauthorized persons and kept strictly confidential. If you suspect that a third party has access to your login details, you must notify Management Drives directly or through its partner and immediately change your password.

You may only keep copies of the Content, including User Content, for your own personal use, backup purposes, and if required by law. All copyright notices and all other Management Drives proprietary notices must be left on the original content.

You may only use the Services in the manner intended in these Terms of Use. The following are expressly prohibited:

• collecting usernames and/or email addresses of other users by electronic means or otherwise for the purpose of sending unsolicited email messages or other communications;

• using the Services in a manner that, at Management Drives’ sole discretion, will adversely affect the reliability, speed, or operation of the Services or underlying hardware or software;

• damaging the Services with viruses, Trojans, worms, bots, or other software, and bypassing, modifying, or removing technical security measures. You are solely responsible for the protection of your personal equipment including peripheral devices and cabling;

• using web scraping, web harvesting, or web data extraction methods from Management Drives, even with the consent of the owner of a Management Drives account;

• using the Services in violation of the law, public order, morality, or in any manner contrary to these Terms of Use;

• using the Services to upload or share any material that is unlawful, misleading, offensive, defamatory, libellous, threatening, pornographic, harassing, hateful, racist, or ethnically offensive, incites or encourages conduct that could be considered unlawful or that is otherwise inappropriate in the opinion of Management Drives;

• placing advertisements or invitations to business transactions.

With respect to the User Content, you warrant that the User Content (i) is free from misstatements and is not misleading and (ii) that you own the data and/or have the right to share the User Content without infringing any third-party property right, including intellectual.

Management Drives reserves the right to remove the Content and/or User Content where there is a suspicion that the Content and/or User Content does or do not meet the conditions set out in these Terms of Use. Management Drives is not liable for User Content. You therefore agree to indemnify and hold us harmless from and against any and all third-party claims arising out of or in connection with this User Content.

Management Drives will remove all Content and User Content where it is notified that this Content or User Content infringes any third-party intellectual property or privacy rights.

Warranties and liability

The Services and Content are provided and made available “as is”. Management Drives strives to provide accurate and high-quality Services and Content, but makes no express or implied warranties and/or representations of any kind with regard to the Services and Content, including, but not limited to, the accuracy, completeness, or reliability thereof or that the Services are error-free or that the Services are or the Content is free from computer viruses or other infections or contaminations or disabling features.

Except for intentional or gross negligence or any other circumstance that cannot be excluded under Netherlands law, Management Drives is not liable for any costs and/or damages and/or adverse consequences, howsoever arising, out of and/or in connection with these Terms of Use, the Services, the Content, and the User Content (including, in all cases, the use or unavailability thereof) and the processing of personal data. Under no circumstances is Management Drives liable for any costs and/or damages and/or adverse consequences arising out of or in connection with the loss or corruption of data, including personal data, loss or corruption of Content and/or User Content, loss of income or similar indirect or consequential damage.

Indemnification

You agree to indemnify and hold us harmless from and against any third-party claims, including, but not limited to, reasonable legal fees and accounting costs, howsoever these claims arise, out of and/or in connection with these Terms of Use, the Services, the Content, and/or the User Content.

Management Drives will notify you of any such claim and will assist you, at your expense, in the defence of the same. Management Drives reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate as fully as reasonably required by Management Drives with our defence of any such claim or demand.

Other provisions

These Terms of Use and any rights granted hereunder may not be transferred or assigned by you to a third party, but may be transferred or assigned by us without restriction. If one or more provisions of these Terms of Use are or become invalid, this invalidity will not affect the validity of the remaining provisions. Our failure or neglect to enforce any provision of these Terms of Use will not be deemed to be a waiver of that or any other provision of these Terms of Use. Any waiver is effective only if given in writing and only in the instance and only for the purpose for which it is given.

Unless otherwise expressly agreed by Management Drives and you, these Terms of Use constitute the entire agreement between you and Management Drives with respect to the subject matter hereof, superseding all prior and contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. All terms and provisions of these Terms of Use which should by their nature survive the termination of these Terms of Use will so survive.

Termination

You may terminate your use of the MD app at any time by deleting your account on the account settings page. You may then delete or uninstall the MD app from your device.

Management Drives may terminate your right to use the Services with immediate effect, with or without notice, if it has reasonable grounds to do so or if you repeatedly violate the terms of this User Agreement. A “repeated violation” includes if a user has been notified multiple times of a violation and/or if User Content has been removed from the Services more than twice. Management Drives is in no way liable for any direct or indirect damages resulting from this termination.

If your right to use the Services is terminated, you must immediately destroy all copies and other records.

Governing law and disputes

These Terms of Use and the use of the Services are governed by the laws of the Netherlands, without regard to conflict of law provisions. The court in Utrecht, the Netherlands, has exclusive jurisdiction to hear disputes arising out of or in connection with these Terms of Use and the use of the Services.

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