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Terms & Conditions

Effective Date: 21.01.2025

Terms and Conditions for the Ecosystem for Micro-Optics

Welcome to the Ecosystem for Micro-Optics (“the Platform”), an online ecosystem with a marketplace, organisation registry and community section. The Platform serves as a hub for knowledge sharing and facilitating collaborations within the micro-optics and high-tech ecosystem. The Platform is designed exclusively for professional use within the high-tech ecosystem and is not intended for individual consumer use. The Platform is owned and operated by PHABULOuS (www.phabulous.eu). These Terms outline the rights, responsibilities, and obligations of both the users and PHABULOuS regarding the use of the Platform. By using the Platform, you agree to comply with these Terms and Conditions (“Terms”). If you do not agree, please refrain from using the Platform.

1. Eligibility

  • To use the Platform, you must be a registered company or organization in the high-tech industry. By submitting data to the Platform, you confirm that you have the authority to represent your company.
  • Companies found to have provided false or misleading information may have their access to the Platform revoked and all associated data removed from the Platform. Revoked access will result in the removal of all associated data, and companies will no longer have access to Platform features, including any ongoing collaborations or communications.

2. Ownership of Data

  • Companies that upload data, images, descriptions, or any other content (“Company Data”) retain full ownership of their respective content.
  • By uploading Company Data to the Platform, you grant PHABULOuS a non-exclusive, worldwide, royalty-free license to display, distribute, and promote the content solely for the purpose of operating and marketing the Platform.
  • PHABULOuS does not claim ownership of any Company Data, nor does it have the right to sell or transfer it to third parties without explicit consent.
  • In the event of a dispute regarding data ownership, PHABULOuS may temporarily take the content under dispute offline until the dispute is resolved by the parties involved or through legal processes, as applicable.

3. Responsibility for Content

  • Companies are solely responsible for ensuring that their uploaded content is accurate, up to date, and compliant with applicable laws and regulations.
  • Companies must not upload content that is misleading, unlawful, infringes on intellectual property rights, or contains confidential information that should not be publicly disclosed.
  • Companies must have the necessary rights, licenses, or permissions to upload any content, including images, trademarks, or other intellectual property.
  • While PHABULOuS may review content for compliance with these Terms, it does not guarantee that all content is actively monitored.
  • PHABULOuS reserves the right to remove or restrict access to any content that violates these Terms or is deemed inappropriate.

4. Platform Usage and Availability

  • The Platform is provided “as is,” and PHABULOuS does not guarantee continuous availability or error-free performance.
  • PHABULOuS reserves the right to update, modify, or discontinue any aspect of the Platform at its discretion.
  • PHABULOuS will notify registered companies of significant changes (such as but not limited to changes in functionality, pricing, or major updates to these Terms) to the Platform via email or by posting updates on the Platform’s homepage.
  • Users must refrain from engaging in activities that disrupt the Platform’s operations, harm other users, or violate applicable laws.
  • In the event of scheduled maintenance or unforeseen downtime, PHABULOuS will endeavour to resolve issues within 48 hours.

5. Data Privacy and Security

  • The Platform will take reasonable measures to protect Company Data from unauthorized access, but companies acknowledge that no online platform is entirely secure.
  • Companies are responsible for ensuring that any personal data included in their submissions complies with applicable data protection laws.
  • In the event of a data breach, PHABULOuS will promptly notify affected companies and provide relevant details regarding the breach and mitigation steps.

6. Liability and Indemnification

  • PHABULOuS is not liable for any inaccuracies, misrepresentations, or damages resulting from Company Data displayed on the Platform.
  • PHABULOuS shall not be liable for indirect, incidental, or consequential damages, including but not limited to lost profits, data loss, or business interruptions, arising from the use of the Platform.
  • Companies agree to indemnify and hold harmless PHABULOuS from any claims, damages, or legal proceedings arising from their uploaded content or misuse of the Platform. Misuse includes, but is not limited to, unauthorized access, uploading prohibited content, or activities that violate these Terms or applicable laws.
  • PHABULOuS is not responsible for disputes or damages arising from business dealings or collaborations initiated through the Platform. While PHABULOuS may provide assistance in facilitating resolutions, it is under no obligation to mediate or intervene in such disputes.

7. Data Retention and Deletion Policy

  • Companies can remove and/or update their entered information from the platform at any time. Data removed by companies will also be deleted from PHABULOuS backups within 30 days, except where retention is required by law.
  • In case companies are missing the right login credentials to remove and/or update their information, a new account can be created and a request to access the company data in the system can be requested by contacting info@microoptics.eu. The request will be reviewed and processed within 3 working days.
  • PHABULOuS reserves the right to suspend or terminate a company’s access to the Platform for violation of these Terms.

8. Changes to the Terms

  • PHABULOuS may update these Terms from time to time. Significant changes to these Terms will be communicated via email to registered companies. Continued use of the Platform after changes have been published constitutes acceptance of the revised Terms.

9. Governing Law

  • These Terms shall be governed by and interpreted in accordance with Dutch laws. Any disputes arising from these Terms shall first be resolved through mediation.
  • If mediation fails, the courts of Amsterdam in the Netherlands shall have exclusive jurisdiction.

For any questions regarding these Terms, please contact us at info@phabulous.eu.

Last Updated: 21.01.2025