Terms and Conditions

Purpose

The following terms constitute an agreement between you, the end-user who uses the Services to identify themselves (“You”) and Pionira NV, with registered office at Kapellestraat 136 E, 8020 Oostkamp, Belgium, with company number BE 0505.688.120 Belgium (“Pionira”), owner of the myID.be® website (“myID.be®”) and the myID.be® mobile application (the “myID.be® App”) (jointly referred to as the “Services”).

This agreement governs Your use of the Services.

By accessing or using the Services, You agree to be bound by the terms of this agreement (the “Agreement”).

Description of the Services

myID.be® is an OpenID Connect Identity Provider. myID.be® supports the usage of two distinct electronic identification mechanisms: the Belgian electronic identity card (eID) and the myID.be® App. You may therefore authenticate using Your eID directly, or using the myID.be® App which is activated based on an eID authentication.

myID.be® incorporates appropriate security measures, which is evidenced by the ISO 27001 certification of the myID.be® platform.

Usage of the Services is free of charge for You.

Your obligations

You warrant that You will use the Services in accordance with these Terms and Conditions.

You represent and warrant that You are the rightful owner of the electronic identity card and of the mobile device(s) that You use in the context of the Services.

You agree that the myID.be® App is strictly personal, i.e. it may only be used by the natural person whose electronic identification card was used to activate the myID.be® App. You may not transfer the usage of Your myID.be®-account to another person, even with consent of that other person.

You agree to block Your eID immediately if You become aware of one of the following circumstances:

1. Loss or theft of Your eID;
2. Unauthorized access or any attempt thereof to Your eID.

You agree to block Your myID.be® App immediately if You become aware of one of the following circumstances:

1. Loss or theft of Your mobile device;
2. Unauthorized access or any attempt thereof to Your mobile device.

Furthermore, You agree to implement and apply at least the following appropriate preventative security measures when using the Services:

1. You must keep Your myID.be® App PIN code secret at all times, i.e. You may not disclose it to any third party and not write it down;
2. You must at all times act discretely when entering Your myID.be® App PIN code, to avoid anyone being in the possibility to acquire knowledge of Your PIN code;
3. You may not authorize another person to use Your mobile device while the myID.be® App is installed thereon;
4. You may not activate the fingerprints or any other biometric element of another person (including Your family, parents, children, friends) on Your mobile device;
5. You may not activate the myID.be® App on a jailbroken or rooted mobile device;
6. You must install any updates to the myID.be® App and to Your mobile operating system without undue delay;
7. You must at all times ensure the security features of your mobile device or any other device you use in connection with the use of the Services are up to date.

Pionira or its commercial partners cannot, to the extent permitted by applicable law, be held liable for damages resulting from any unauthorized access, unauthorized use or any other unauthorized activity on the Services as a result of Your breach, intentionally or by neglect, of any provision of this article.

To the extent permitted by applicable law, You shall indemnify and hold harmless Pionira for any damages or losses incurred by Pionira or its commercial partners as a result of Your failure to comply with any provision of this article.

Links to other services

The Services may contain links to information, documentation, applications or any other websites that are not under the control of Pionira. The inclusion of any link does not imply endorsement by Pionira of such websites, applications, information or documentation, and Pionira is not in any way, directly or indirectly, responsible for the content of such linked websites, apps, information or documentation.

Pionira cannot be held liable for any damages resulting from the use of aforementioned other websites, apps, information, documentation or any other linked services.

Intellectual property and user license

You acknowledge that Pionira owns all rights, titles and interests with respect to the Services and any software or documentation used therein, as well as all knowhow connected thereto. This includes all rights, titles and interests in any intellectual property rights. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Pionira through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Pionira. All present and future rights in and relating to trade secrets, patents, copyrights, trademarks, database rights, designs, software rights, knowhow, and other proprietary rights of any type, including without limitation rights in and to all applications and registrations relating to the Services shall, as between You and Pionira, at all times be and remain the sole and exclusive property of Pionira.

Pionira grants to You a limited non-exclusive, non-transferable, non-sublicenseable, royalty-free, worldwide and revocable license to use the Services subject to this Agreement and in accordance with these Terms and Conditions of the Agreement. The duration of such license is limited to the duration of the Agreement.

You agree to respect all intellectual property rights of Pionira.

Acceptable use of the Services

In accordance with applicable laws and regulations, You may not:

1. Copy any ideas, features, functions or graphics of the Services or translate, disassemble, decompile, reverse-engineer or otherwise modify any parts of the Services;
2. Use the Services to infringe any copyright, patent, trademark, trade secret, database right, software right, or other proprietary rights or rights of publicity or privacy of any party;
3. Use the Services to store or distribute content that is defamatory, libelous, threatening, abusive, hateful, content that promotes physical harm or injury against any group or individual, content that is illegal or harmful in any other way, or content that infringes applicable laws in any other way;
4. Use the Services to store or distribute content that contains pornography;
5. Input malware, spyware, viruses, Trojan horses, worms, or any similar software that may damage the Services or the system or computer of other users or any other third party;
6. Probe, scan or test the vulnerability of any system or network, including that of the Services;
7. Attempt to alter, breach or circumvent any security or authentication measures, including those of the Services;
8. Without authorization, provide false identification information or pretend to be another user in order to gain access to any account, computers or networks related to the Services;
9. Interfere with or disrupt the functioning of the Services using any (automatic) system;
10. Access or use areas of the Services that You are not authorized to access or use;
11. Conduct any other activity that is illegal or violates the rights of others, or provide instructional information about illegal activities.

Pionira may suspend or terminate Your account and access to the Services for violation of this provision. Such termination shall not require prior notice from Pionira. Neither shall such termination create any right to claim damages from Pionira.

Pionira reserves the right to claim damages for any breach of this provision.

Right of withdrawal

By using the Services, You acknowledge that the services are executed with Your express permission. You therefore waive Your right of withdrawal from that moment. You may, however, stop using the Services free of charge and at any time, without any compensation from the part of Pionira.

Data protection

Your personal data will be processed according to our Privacy Statement and the applicable laws and regulations. Our Privacy Statement can be consulted here.

Term and termination

Term of the Agreement

The Agreement shall begin on the date upon which You accept these Terms and Conditions. You will need to actively accept these Terms and Conditions before being able to use the Services.

Termination & Suspension of the Agreement

You have the right to terminate this Agreement free of charge and at any time, without any compensation from the part of Pionira. In order to terminate this Agreement you need to stop using the services through the website or, when using the application you need to remove the application from your mobile device.

Pionira reserves the right to immediately and without prior notice nor compensation terminate this Agreement in case of breaches or violations of this Agreement or other incorporated agreements or guidelines by You.

In other cases than the aforementionedand, and to the extent reasonably possible for Pionira, Pionira shall observe a prior notice of one month before terminating this Agreement. This does not apply when Pionira is unable to contact You.

You agree that Pionira may immediately suspend Your access to the Services or a part thereof without prior notice. Without limiting the foregoing, the following may lead to a suspension by Pionira of Your use of the Services:

1. requests by law enforcement or other government agencies. Pionira will verify the validity of the request before suspending access;
2. a request by You (self-initiated registration cancellation);
3. unexpected technical issues or problems;
4. suspicion of fraudulent use of the Services.

Pionira reserves the right to exercise sole control over the defense and settlement of any claim subject to indemnification hereunder, and reserves the right to recover all reasonable legal costs and expenses from You.

Modifications to this Agreement

Pionira reserves the right to modify these Terms and Conditions at any time. In case of modifications, the modified Terms and Conditions will be presented to you on the Services. We will require you to actively accept the modified Terms and Conditions. Any modification will be effective after Your acceptance.

If You wish not to accept the modified Terms and Conditions you will no longer be able to use the Services.

Warranty disclaimer and limitation of liability

Pionira cannot be held liable for any damage or loss, which are directly or indirectly the result of:

1. Your breach of the provisions referred under “Your obligations”;
2. Your breach of the provisions referred under “Acceptable use of the Services”;
3. Your breach of the provisions referred to under “Intellectual property and user license”;
4. Your breach of any other provisions of this Agreement;
5. Force majeure of a permanent or temporary nature from performing or further performing the Agreement, regardless of whether the force majeure was foreseeable or not.

The Services are provided on an “as is” and “as available” basis. Pionira does not make any and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Services, to the extent permitted by law. Pionira does not warrant that access to the Services will be uninterrupted or error-free or that defects therein will be corrected.

To the extent permissible by applicable laws and regulations, Pionira, its partners, contributors, agents, employees, directors, or affiliates shall not be liable for any indirect, incidental, special, punitive or consequential damages (even if it has been advised of the possibility of such damages) due to Your use of or due to Your reliance on any of the content contained or the services related to myID.be® or the myID.be® App. This includes, but is not limited to, the loss of use or data, the loss of revenue, income or profit or any damages for business interruption, arising out of or in any way related to the Services, even if Pionira has been advised or warned of the possibility of such damages or losses, and regardless if such damages or losses were foreseeable or not. Notwithstanding the foregoing, the aggregate liability of Pionira, its affiliates, directors, officers, employees, agents, licensees and any other partner, for all claims relating to the Services shall be no more than amount for which the liability of Pionira is insured.

Indemnification

You agree to defend, indemnify and hold harmless Pionira, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:

1. Your violation of this Agreement;
2. Your violation of any right of third parties, including any intellectual property rights;
3. Any other violation of You against any other applicable law or regulation, including but not limited to any criminal offence;
4. Any damage caused to third parties by data stored by You on the Services.

Jurisdiction and applicable law

This Agreement shall be governed by Belgian law. All claims arising out of or relating to this Agreement will be exclusively litigated in the courts which hold jurisdiction over the head offices of Pionira, unless Belgian consumer law requires otherwise.

Miscellaneous

Entire agreement

Unless specific Terms have been agreed between Pionira and You, this Agreement constitutes the entire and exclusive agreement between You and Pionira with respect to the use of the Services, and supersedes and replaces any other agreements, terms and conditions applicable to Your use of the Services.

Force majeure

Pionira may not be held liable for any delay, poor performance or non-performance of its obligations under this Agreement if this is due to force majeure. Force Majeure means any event or circumstance beyond the reasonable control of a Pionira. Examples of Force Majeure are: war, terrorism, riots, explosions, pandemic, strikes or social conflicts, defects in the equipment of Pionira or its contractors or partners, acts or omissions or the failure to cooperate of the other Party (including, without limitation, entities or individuals under its control, or their respective officers, directors, employees or other personnel and agents), defects in the telecommunications and IT equipment of third parties, or the immediate termination by a supplier of the collaboration with Pionira (having an impact on this Agreement), without this termination being the result of a material failure on the part of Pionira.

Hardship

In the event that, due to unforeseen circumstances (“Hardship”) not attributable to Pionira nor to You (hereafter: the Party or Parties), the performance of the Agreement becomes excessively burdensome for one of the Parties, to the extent that it cannot reasonably be expected that the Agreement will remain unchanged, the Parties shall negotiate in good faith to amend the Agreement. Unforeseen circumstances are considered to be circumstances that could not reasonably have been foreseen at the time of entering into the Agreement, and that significantly burden the performance of the Agreement, without rendering it impossible.

During the negotiations on the modification of the Agreement due to unforeseen circumstances (“Hardship”), the Parties remain obliged to fulfill their obligations, unless this cannot reasonably be required of the Party invoking the unforeseen circumstances. If the continued execution by Pionira of the Agreement under aforementioned unforeseen circumstances, cannot reasonably be expected, Pionira reserves to right to suspend or terminate the Agreement, without any compensation from the part of Pionira.

Severability clause

If any provision or any portion of any provision of this Agreement would be held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.