myID.be®

Terms and Conditions

V1.1.4 - Effective Date: 9 November 2022

Purpose

The following terms constitute an agreement between you, the end-user who uses the Services to identify themselves (“You”) and U2U Consult NV, with registered office at 1731 Zellik, Z. 1 Researchpark 110, Belgium, with company number BE 0477.765.085 Belgium (“U2U Consult”), 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 ISO27001 certification of the myID.be® platform.

Usage of the Services is free of charge for You.

Your obligations and acceptable use of the Services

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.

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 the following appropriate preventative security measures in the usage of 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.

U2U Consult or its commercial partners cannot, to the extent permitted by applicable law, be held liable for any unauthorized access or activity on the Services as a result of Your breach of any provision of this article.

To the extent permitted by applicable law, You shall indemnify and hold harmless U2U Consult for any damages or losses incurred by U2U Consult 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 other websites that are not under the control of U2U Consult. The inclusion of any link does not imply endorsement by U2U Consult of such websites and U2U Consult is not responsible for the content of such linked websites.

Intellectual property and user license

You acknowledge that U2U Consult 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 U2U Consult 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 U2U Consult. All present and future rights in and to trade secrets, patents, copyrights, trademarks, 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 U2U Consult, at all times be and remain the sole and exclusive property of U2U Consult.

U2U Consult grants to You a limited non-exclusive, non-transferable, royalty-free and revocable license to use the Services subject to this Agreement. The duration of such license is limited to the duration of the Agreement.

You agree to respect all intellectual property rights of U2U Consult. 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 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, or that otherwise promotes physical harm or injury against any group or individual or 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.

U2U Consult may suspend or terminate Your account and access to the Services for violation of this provision. Such termination shall not require prior notice from U2U Consult. Neither shall such termination create any right to claim damages from U2U Consult.

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 at any time, and remove the myID.be® App from Your mobile device(s).

Term and termination

Term of the Agreement

The Agreement shall begin on the date upon which You accept these Terms and Conditions. This Agreement is entered into for an indefinite term.

Termination of the Agreement

You agree that U2U Consult may, with or without cause, immediately terminate Your access to the Services without prior notice. Without limiting the foregoing, the following may lead to a termination by U2U Consult of Your use of the Services:

  1. breaches or violations of this Agreement or other incorporated agreements or guidelines;
  2. requests by law enforcement or other government agencies;
  3. a request by You (self-initiated registration cancellation);
  4. unexpected technical issues or problems;
  5. extended periods of inactivity.

U2U Consult reserves the right to exercise sole control over the defense and settlement of any claim subject to indemnification hereunder at Your expense.

Modifications to this Agreement

U2U Consult reserves the right to modify these Terms and Conditions at any time, and without prior notice, by posting amended terms on the myID.be® web site. U2U Consult encourages You to review the Terms and Conditions periodically for any updates or changes, which shall be effective from the date of Your acceptance of the modified Terms and Conditions.

U2U Consult may permanently or temporarily stop providing, or may modify the Services, any feature included in the Services, or the availability of the Services on any particular device, at any time and without prior notice to You.

If the Services or the Terms and Conditions are modified, Your continued use of the Services will constitute Your acceptance of the modifications and Your agreement to be bound by the modified Terms and Conditions or the modified Services.

Warranty disclaimer and limitation of liability

U2U Consult 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 and acceptable use of the Services”.
  2. Your breach of the provisions referred to under “Intellectual property and user license”
  3. Any shortcoming in the provision of services of a contractual partner of U2U Consult on which U2U Consult relies in the context of the provision of the Services.
  4. 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. U2U Consult 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. U2U Consult does not warrant that access to the Services will be uninterrupted or error-free or that defects therein will be corrected.

Under no circumstances shall U2U Consult, its partners, contributors, agents, employees, directors, or affiliates 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 U2U Consult 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 U2U Consult, 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 U2U Consult is insured.

Indemnification

You agree to defend, indemnify and hold harmless U2U Consult, 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 law;
  4. any damage caused to third parties by data stored by You on the Services.

Jurisdiction and applicable law

This Agreement will 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 U2U Consult.

Miscellaneous

Entire agreement

This Agreement constitutes the entire and exclusive agreement between You and U2U Consult with respect to the use of the Services, and supersede and replace any other agreements, terms and conditions applicable to Your use of the Services.

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.