ARTICLE 1 Creation of WeMind account.

1.1 In order to use the Service, the Customer must take out a subscription with Moovd. In order to take out a Moovd subscription, the Customer must first create a WeMind account. 

1.2 Only persons 16 years and older can register.

1.3 By logging into the WeMind account at Moovd, the Customer can provide digital therapy, manage his/her Profile and/or modify it.

1.4 The Customer must provide his/her email address and choose a unique password when creating a WeMind account on the Website. When creating a WeMind Account, the Customer may be asked for personal information such as first name, last name, age and gender.

1.5 The Customer shall keep its password and Customer Name strictly confidential and shall not disclose them to third parties. Any Transaction made from the WeMind Account shall be deemed to have been made by the Customer or with the approval of the Customer. Misuse and/or improper use of the WeMind Account or the password in combination with the Customer Name shall be at the expense and risk of the Customer, unless such use is attributable to Moovd.

1.6 The processing of personal data is subject to the privacy statement of Moovd, as published on the Website. Moovd B.V. is the controller of the processing of personal data within the meaning of the General Data Protection Regulation.

ARTICLE 2 Moovd subscription

2.1 In order to use the Moovd Service, the Buyer must purchase a subscription. There is currently 2 subscription available, WeMind EMDR and WeMind Exposure module:

2.2 The Moovd subscription starts on the date Moovd confirms the Customer's application and begins with a free trial period of thirty (30) or forty-five (45) days. Except in case of cancellation during the trial period (this can be done at any time during the trial period), after the trial period the Moovd subscription continues automatically until the moment the Moovd subscription is cancelled by the Customer or Moovd.

By taking out a Moovd subscription, the Customer agrees that the Service of Moovd, before the expiration of the cooling-off period, is provided immediately. The Customer simultaneously waives his right of withdrawal.

2.3 The use of a Moovd subscription is subject to a monthly fee, unless otherwise agreed, for example as part of an introductory offer. During the trial period, the Moovd subscription is free of charge. Moovd reserves the right to change the rates. Changes will be announced by Moovd in advance.

2.4 The subscription takes effect once the purchase is confirmed. The subscription is entered into for the duration of at least one(1) year. After the expiration of that period (or after renewal as referred to in this article; after the expiration of the renewal period), the Agreement is tacitly renewed for (each) calendar year, unless timely written notice is given by either party. 

2.5 The trial period is intended to allow an individual to try out the Moovd Service once. Moovd determines in its sole discretion whether a person is eligible for a trial period and may limit the use and/or conditions (including duration) to prevent abuse of the trial period. Moovd reserves the right to block (signing up for and/or using) the trial period and/or the WeMind Account if it determines that one is ineligible. Based on data such as a device ID, payment method (bank account, credit card and/or paypal account) and/or email address used by an existing or recent Moovd subscription, Moovd determines eligibility for the trial period.

2.6 Cancellation must be made by official mail to info@moovd.nl or via the platform, which must be received by the other party no later than 2 months before the end date of the agreement. 

2.7 The subscription fee for the Moovd subscription is charged at the time of subscription and automatically debited each year thereafter, subject to cancellation, on the same day (or the next convenient business day, at Moovd's discretion). Any change in the subscription fee will become effective for the next billing period after we provide notice of the change. Moovd reserves the right to change the time of charging the subscription fee, for example, in the event that the subscription fee cannot be charged due to an insufficient bank balance.

2.8 By using the Moovd subscription, the Customer authorizes Moovd to annually debit the subscription fee, at the then current rate, as well as other costs incurred by the Customer in connection with the use of the Service, via the payment method selected by the Customer (bank account, mastercard, credit card or paypal account).

2.9 Moovd is entitled to make access to the Service (or part thereof) impossible with immediate effect and/or to terminate the Agreement with immediate effect if Moovd is unable to collect the fee due via the payment method specified, or if an amount already collected is reversed.

2.10 If Moovd is unable to collect the fee due via the specified payment method, any collection and recovery costs will be borne by the Customer.

2.11 Moovd does not make refunds or credits (for partially used periods).

2.12 Upon termination of the Moovd subscription, all claims of the Customer against Moovd shall expire.

ARTICLE 3 Technical Requirements

3.1 In addition to providing the services, Moovd also provides insight into their use and operation.  - Moovd has informed Customer of the minimum system requirements prior to the conclusion of the Agreement. These system requirements are a prerequisite for using the services. The minimum system requirements are currently: Android 6.0 and above, Apple 12.1 and above and Windows 10 and above. 

ARTICLE 4 Prices, payment and conditions

4.1 All prices published by Moovd are in dollars, excluding the VAT rate applicable in the Netherlands, unless otherwise stated.

4.2 Moovd reserves the right to change the fees payable for a Moovd subscription at any time. Moovd does not offer price protection or refunds in the event of a price reduction and/or promotional offer.

4.3 The various payment methods may change from time to time. The most recent options are listed on the Website.

4.4 If the Customer defaults on any payment, for example if Moovd is unable to collect the outstanding amounts, Moovd, is entitled to collect the relevant payments (or have them collected), plus the statutory interest payable thereon as well as the extrajudicial costs incurred and to be incurred.

4.5 The Customer is not discharged of its payment obligation until the amount due is received unconditionally by Moovd.

4.6 Moovd uses, inter alia, the payment system of Stripe to process payments.

ARTICLE 5 License

7.1 By taking out a subscription to the Service of Moovd, a Transaction between the Customer and Moovd is established, whereby after payment (of the verification payment and / or the fee due for a Moovd subscription) Customer with respect to the Service of Moovd receives a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with the Conditions, exclusively in therapeutic sphere. 

7.2 The Customer is obliged with respect to the Service to always act in accordance with the Conditions and the applicable legal rules, including but not limited to rules regarding intellectual property. If it is found that the Customer acts in violation of the Conditions and/or the applicable statutory rules, and/or discloses, reproduces, makes available to third parties, and/or distributes Content, a report will be filed with the police and all costs and damages, including but not limited to immaterial and material damages, will be recovered from the Customer. Customer will also be barred from any use of the Service.

ARTICLE 6 Intellectual property rights 

6.1. The intellectual property relating to the Services and or parts thereof shall at all times reside fully  with Moovd and/or its licensors. This agreement does not purport to transfer - in whole or in part - said intellectual property rights in any way whatsoever. 

6.2. Customer acknowledges all rights of intellectual property with respect to the Services and/or parts  thereof and will refrain from any form of infringement of these intellectual property rights. The  Customer shall indemnify Moovd for all damages and claims of third parties arising from  infringements of the intellectual property rights by the Customer or its clients. 

6.3. If the Customer discovers any infringement, of whatever nature, of Moovd's intellectual property  rights and/or if a third party invokes better or older rights with respect to the Services and/or parts  thereof, the Customer will immediately inform Moovd. 

6.4. In case the Services and/or parts thereof infringe third party rights or in case in the opinion of Moovd  there is a reasonable chance that such infringement could occur, Moovd is entitled to replace or  modify the Services and/or parts thereof in such a way that the infringement is removed thereby.  As the case may be, Moovd is in no way obliged to compensate for - as a consequence of that  amendment - damage suffered by the customer. 

6.5. To the extent necessary, Moovd hereby grants the Customer the terminable, non-exclusive and  non-transferable right of access to and use of the Services for the duration of this Agreement,  subject to the conditions and limitations of this Agreement. 

6.6. The right of use includes the right to any updates or improvements to/from the Services and/or  parts thereof. 

6.7. The Customer is explicitly not allowed to sub-license the right of use as referred to in article 3.5 to  third parties.  

Article 7 – Liability and warranties 

7.1. Moovd does not warrant that its Services or parts thereof are error free. Moovd is never obliged to  reimburse a treatment session that could not take place.  

7.2. Moovd does not warrant that the content available through its Services are suitable for the purpose  for which the Customer needs them. Moovd is not responsible for checking the accuracy and  completeness of the results of its Services. The Customer is obliged to make available and maintain  its platform.  

7.3. Moovd is only liable for direct damage which the Customer suffers if it is the direct result of an  attributable shortcoming of Moovd. Moovd's liability will always be limited to the amount that the  (professional) liability insurer of Moovd in this respect pays. If, for whatever reason, the insurer  does not pay out, Moovd's liability will always be limited to a maximum of the amount (excluding  VAT) which Moovd in the year preceding the event(s) causing the damage has charged to the  customer and which is paid by the customer. If more than one damaging event occurs, the total  compensation for all events together will be limited to the amount described in the preceding  sentence. In that case, the first damaging event will apply for the calculation of the amount of  compensation as referred to in this paragraph. 

7.4. Moovd is in no event liable for indirect and/or consequential damages, including but not limited to  loss of profits, loss of delay, damage resulting from claims by customers of the Customer, damage  resulting from the use of the exposure therapy obtained with the service of Moovd, as well as taking  decisions on the basis thereof, is expressly excluded.  

7.5. Unless performance by Moovd is permanently impossible, the liability of Moovd for an attributable  shortcoming in the performance of the contract shall only arise if the customer gives Moovd  immediate written notice of default, whereby a reasonable period for remedying the failure is given,  and Moovd also after the expiry of that period continues to imputably fail to perform its obligations.  Condition for the existence of any right to compensation is also that the customer reports the  damage in writing to Moovd as soon as possible after the occurrence of the damage. Any claim for  compensation against Moovd expires by the mere lapse of two months after the damage aro

Article 8 – Overpower 

8.1. Force majeure means any failure in the fulfillment of the obligations arising from the  agreement which cannot be imputed to Moovd and / or other parties who perform parts of  the Services, because they are not due to the fault of Moovd, nor under the law, legal act or  generally accepted practice for the account of Moovd  

8.2. Force majeure shall (also) include (but not be limited to): 

a. War / revolution / fire / occupation / pandemic outbreak (example: COVID-19)

b. Disturbances in the regular supply of raw materials / water / electricity, either in general  or specifically with regard to Moovd or its suppliers. 

c. A lack of personnel on the part of Moovd and / or its suppliers, including through illness  and / or strikes. 

d. Weather or traffic conditions which prevent a responsible implementation of the work. 

8.3. In the event of force majeure, the fulfillment of the obligations arising from the agreement  for the party in force majeure shall be suspended in whole or in part for the duration of the  force majeure, without that party being obliged to pay any compensation. 

8.4. If a suspension as referred to in the previous paragraph has lasted longer than 3 months,  either party shall be entitled to dissolve the agreement with immediate effect. In such a case  the party in force majeure shall not be liable to pay damages to the other party. What has  already been performed or paid in the execution of the agreement shall be settled  proportionately between the parties. 

Article 9 – contract termination

9.1. Moovd has the right to terminate the agreement in whole or in part without further notice of default  and judicial intervention, without prejudice to other rights accruing to it if: 

- Customer is declared bankrupt or has filed its own petition for bankruptcy.  

- The Purchaser has applied for a suspension of payment.  

- The Customer fails to fulfil one or more obligations under the agreement entered into (expressly  including the processing agreement). 

- The business of the Purchaser is or will be liquidated or the Purchaser discontinues the business. 

- A substantial part of the Purchaser's assets are seized, or if the Purchaser must otherwise be  considered no longer capable of fulfilling the obligations under the agreement.  

- If continuation of the agreement with the Customer results in damage to Moovd's reputation  and/or image or if this can reasonably be expected.  

9.2. The customer has the right, in the same way as stipulated in the preceding paragraph, to rescind  the contract in whole or in part if:  

- Moovd is declared bankrupt or has filed for its own bankruptcy.  

- Moovd has requested suspension of payments and is granted. 

9.3. In the event of dissolution of this agreement, what has already been properly performed in the  implementation of the agreement will be settled proportionately. Amounts already paid and  invoiced shall not be subject to cancellation. This means that the Customer is not entitled to a  refund of any payments already made. Already invoice

ARTICLE 10 Applicability of Terms and Conditions

10.1 These Terms and Conditions apply to all legal relationships between Customer and Moovd in respect of the Service Transactions included.

10.2 By using the Service, including but not limited to entering into a Transaction or registering on the Website, Customer accepts the applicability of these Terms and Conditions.

10.3 Moovd reserves the right, from time to time, to make changes to these Terms and Conditions. The most current version of the Terms and Conditions can always be consulted on the Website. By using the Service after amendment of these Conditions, the Customer expressly accepts the applicability of the amended Conditions.

10.4 The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions of these Terms and Conditions.