General Terms & Conditions
- Definitions
• App: the downloadable software application “EYN My Crew” provided by the Provider, including all updates and upgrades.
• Service: the subscription‑based access, via the App, to (i) the digital Logbook functionality, including the ability to create, view and export Logitems; (ii) content and updates made available by the Provider; and (iii) an optional real‑time interface with the Subscriber’s digital Curriculum Vitae (“CV”), whereby approved Logitems are automatically synchronized to the Subscriber’s CV profile.
• Subscriber: the consumer or business entity that enters into the subscription agreement.
• Provider: European Yachting Network Services (EYN).
• Parties: “Provider” and “Subscriber.”
- 2. License to Use the App
Subject to payment of all Subscription Fees and compliance with these Terms, the Provider grants the Subscriber a limited, revocable, non‑exclusive, non‑transferable license to download, install, and use one copy of the App on mobile devices owned or controlled by the Subscriber. The App is licensed, not sold. The Subscriber may not (i) redistribute, rent, lease, sell, lend, sublicense, or otherwise transfer the App; (ii) reverse‑engineer, decompile, or disassemble the App; or (iii) remove proprietary notices or labels.
- 3. Applicability
• These Terms & Conditions (“T&C”) apply to every distance contract (“thuiswinkelovereenkomst”) concluded via the App, under Book 7, Sections 7:5–7:46 BW of the Dutch Civil Code. • Any deviation must be expressly agreed in writing by both Parties.
- 4. Formation of the Agreement
• A contract is formed when the Subscriber clicks “Subscribe” or “Start 14‑day Free Trial” and receives an order confirmation by e‑mail.
• The contract automatically renews at the beginning of each new term. A term is one month. The first paid term begins 14 days after the start of the Trial period.
• The Subscriber may withdraw from the contract at any time by written notice via email to support@e‑y‑n.com.
- 5. Term and Renewal
• Term: automatically for one month from the activation date.
• Renewal: silent renewal for successive one‑month periods unless the Subscriber cancels at least 24 hours before the next billing date.
• Cancellation: via the App interface (“Help & Feedback”) or by e‑mail to support@e‑y‑n.com; requires notice at least one day (24 h) before renewal.
- 6. Fees and Payment
• Monthly fee: € 5,95 including 21% VAT.
• Payment methods: In‑App Purchase on iOS: subscriptions purchased through the Apple App Store will be processed by Apple and governed by Apple’s terms. Billing will appear on the Subscriber’s Apple ID account. – Other platforms: payment by iDEAL, SEPA‑direct debit, credit card.
• Invoicing at the beginning of each term.
• On non‑payment: two reminders, then statutory collection costs (Wet normering buitengerechtelijke incassokosten), and suspension of service until payment.
- 7. Right of Withdrawal (Herroepingsrecht)
• Consumers have a 14‑day withdrawal right under Book 7, Section 7:46a BW, starting on the day after contract conclusion.
• To exercise: send a clear statement (e‑mail or via Help & Feedback section of the App) within 14 days.
• Exemption: if the Subscriber expressly requests immediate performance and acknowledges loss of withdrawal right once the service begins (Art. 7:46c BW).
- 8. Cancellation and Refunds
• Cancellation at any time via the App or by e‑mail; no refund for months already started.
- 9. Trial Period
The 14‑day Free Trial starts on the day the Subscriber clicks “Start 14‑day Free Trial” or “Upgrade.” Fourteen days later, the subscription automatically converts to a paid subscription. The Subscriber may cancel the trial at any time before expiry at no cost.
- 10. Changes to Prices or Terms
10.1 Change of Subscription Fees
• The Provider may amend subscription fees at any time by giving the Subscriber at least thirty (30) days’ prior written notice.
10.2 Right to Cancel
• Upon receipt of such notice, the Subscriber may terminate the subscription free of charge by sending a written cancellation before the new fees take effect.
10.3 Effect of Non‑Cancellation
• If the Subscriber does not send a timely cancellation, the amended fees automatically apply as of the effective date in the notice.
- 11. Availability and Maintenance
11.1 Service Availability
• The Provider will use commercially reasonable efforts to ensure the Service is available at least 98% of each calendar month, but does not warrant uninterrupted access.
11.2 Scheduled Maintenance
• The Provider may perform maintenance or updates requiring temporary suspension (“Scheduled Maintenance”). Reasonable advance notice (no less than 48 hours where practicable) will be given, and work scheduled during off‑peak hours (e.g., 00:00–06:00 local time).
11.3 Force Majeure and Downtime Exclusion
• The Provider is not liable for interruptions due to events beyond reasonable control (external outages, power failures, cyber‑attacks, force majeure) and owes no refunds or credits for such events.
- 12. Liability and Indemnification
12.1 Limitation of Liability
• Except in cases of gross negligence or willful misconduct, the Provider’s total liability for direct damages shall not exceed the Subscription Fees paid in the 12 months immediately preceding the event.
12.2 Exclusion of Indirect Damages
• The Provider shall not be liable for indirect, incidental or consequential damages (loss of profits, data, business interruption, reputational harm).
12.3 Indemnification
• The Subscriber shall indemnify and hold harmless the Provider and its affiliates, officers, directors, and employees from all claims, liabilities, damages, losses, and expenses arising from misuse of the Service or violation of these Terms.
- 13. Warranty Disclaimer
EXCEPT AS REQUIRED BY APPLICABLE LAW, THE APP AND SERVICE ARE PROVIDED “AS IS” AND THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
- 14. Intellectual Property
14.1 Ownership
• All intellectual property rights in and to the App, its underlying code, design, content and databases (including copyrights and database rights), are and shall remain the exclusive property of the Provider.
14.2 Termination of License
• Upon termination or expiration of the Subscription, the Subscriber’s license terminates and the Subscriber must cease all use of the App and delete or destroy all copies of its content.
- 15. Privacy and Data Protection
15.1 Privacy Policy
• The Provider processes personal data under the GDPR and the Dutch “Uitvoeringswet AVG.” The full Privacy Policy is available at https://e-y-n.com/privacy-policy.
15.2 Purpose and Legal Basis
• Personal data is collected and processed (a) to perform and improve the Service; and (b) to comply with legal obligations. Processing is based on the Subscriber’s consent and/or performance of the subscription agreement (Art. 6(1)(a) and (b) GDPR).
15.3 Categories of Data
• Contact Data: e‑mail address.
• Logbook Entries: speed, geographic coordinates, date, time, course, sea conditions, wind data, atmospheric pressure (hPa), and LOG.
15.4 Data Retention
• Data is retained as long as necessary to fulfill the Service and comply with statutory retention periods, then securely deleted or anonymized.
15.5 Subscriber Rights
• Under the GDPR, the Subscriber has rights to access, rectify, erase, restrict, object, and data portability. To exercise rights, contact the Provider via the details below.
15.6 Security Measures
• The Provider implements technical and organizational measures to protect personal data in accordance with Art. 32 GDPR.
15.7 Contact and Complaints • For data processing questions or complaints, see Section 19.
- 16. Force Majeure
• Neither party is liable for delays or failures due to events beyond reasonable control (cyber‑attacks, server outages, natural disasters, strikes, government actions). The affected party will notify the other and suspend obligations until the event is remedied. If interruption persists > 30 days, either party may terminate without liability.
- 17. Modification of Terms
• The Provider may amend these Terms at any time by giving the Subscriber at least 30 days’ prior notice via e‑mail or in‑App notification. Continued use after the effective date constitutes acceptance. The Subscriber may cancel free of charge up to the effective date.
- 18. App Updates and App Store Termination
• The Provider may release App updates via the App Store. The Subscriber must download updates to continue using the Service.
• If the Provider’s Apple Developer account is terminated, the App may be removed and the Provider’s obligations suspended until a new account is established.
- 19. Contact Information
• European Yachting Network Services (EYN)
• Dutch Chamber of Commerce (KvK): 92578969
• VAT (BTW): NL004965046B37
• Office: Europalaan 22, 5232 BC ‘s‑Hertogenbosch, Netherlands
• Support: support@e-y-n.com
- 20. App Store Additional Terms
20.1 Apple Processing
• Purchases of subscriptions through the Apple App Store are processed by Apple Inc. and governed by Apple’s terms and conditions.
20.2 Third‑Party Beneficiary
• The Subscriber acknowledges that Apple is a third‑party beneficiary of Sections 6, 12 and 20 of these Terms and can enforce them.
20.3 Limitation of Liability of Apple
• Apple Inc. is not responsible for your use of the App or content; Apple has no obligation to provide maintenance or support.
20.4 In‑App Purchases • All in‑App Purchases (subscriptions) on iOS must be made through Apple’s IAP system. You agree to Apple’s IAP terms and conditions (see https://www.apple.com/legal/internet-services/itunes/).