TERMS OF USE

Last Updated: 10 May 2024

These terms of use will be effective as of December 1, 2024.

These terms of use (“Terms of Use”) apply between BERG Toys B.V. (“us”, “we” or “our”) and the user (“You” or “Your”) of the Infinity Pods (“Product”) and the accompanying BERG Infinity Pods app (the “App”).

These Terms of Use together with our Privacy Policy set out how You may use the App.

By using the Product and the App, You accept these Terms of Use. By downloading, installing or using the App, You agree to have read these Terms of Use and to be bound by these Terms of Use. If You are under 18 years of age, please ask Your parent(s) or legal guardian(s) to agree to these Terms of Use on Your behalf.

We may from time to time change these Terms of Use at any time without prior notice. Please check the Terms of Use regularly to ensure You are aware of any variations or amendments made by us. Your use of the App will be subject to the current version of the Terms of Use posted on Our Website terms of use and in the App at the time of such use.

1. ABOUT US

   1. The App is owned and operated by BERG Toys B.V., a company with limited liability established at the Stevinlaan 2, (6716 WB) Ede, the Netherlands, and registered with the Dutch Chamber of Commerce under number 09094642.
   2. If You would like to make a complaint about anything regarding the App, please contact us using the following details:

BERG Toys B.V.

Stevinlaan 2

6716 WB, Ede

The Netherlands

Customer Service Contact: https://www.bergtoys.com/int_e...

1. BASIC TERMS

   1. You must be six (6) years or older to use the Product and the App.
   2. If You are below the age of eighteen (18) years of age, please obtain the permission of Your parent(s) or legal guardian(s) before downloading, installing, accessing or using the App and ask their advice on the proper and safe use.
   3. Parents or legal guardians should supervise their children’s use of the Product and the App.
   4. You do not need to register or create an account to access the App.
   5. You must use the Product and App in accordance with the Product Manual at all times. The Product and App may not be used for any purpose other than as described in the Product Manual.
   6. You reserve the right to delete the App at any time. Deleting the App will result in the removal of any saved high scores.
2. NO FEES

   1. Access to the App is currently free of charge. We may stop offering the App free of charge at any time, but we will inform You on our website, in the App and in the Apple App Store or Google Play Store if we decide to make a charge on the use of the App and give You a reasonable length of time to terminate your use of the App if you wish to do so.
3. CONDUCT

   1. Access to the App is permitted on a temporary basis and we reserve the right to withdraw or amend the App (and any services made available through it) at any time without notice.
   2. You may not use the App in any improper or unlawful manner or in breach of any legislation or license that applies to You.
   3. Without limiting the foregoing, You agree that when using the App you will not:
4. access without authority, interfere with, damage or disrupt any part of the App, any equipment or network on which the App is stored (including the App’s private API), or any software used in the provision of the App;
5. modify, adapt or hack the App or modify any other app or website insomuch as to falsely imply that it is associated with the Product, the App, or BERG Toys;
6. distribute via any medium any part of the App without our prior written consent;
7. crawl, scrape, or otherwise cache any content from the App;

   1. You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access the App. You are also responsible for ensuring that no person uses Your equipment to access the App without Your permission.
8. INTELLECTUAL PROPERTY

   1. All Intellectual Property rights relating to the Product and the App are owned by and shall remain owned by us or our licensors.
   2. You may view, download, copy and print any content and information made available to You through the App subject to the following conditions:
9. the content and information may only be used for Your personal and non-commercial purposes;
10. the content and information shall not be reproduced or included in any other work or publication in any medium;
11. the content and information may not be modified or altered in any way;
12. the content and information may not be distributed or sold to any third party;
13. you may not remove any copyright or other proprietary notices contained in the App, content and information.

    1. These Terms of Use are not intended to prevent You recording in manual form any individual item of information from the App, or disclosing any individual item of information from the App, free of charge, to any friends or relations for non-commercial purposes provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with these Terms of Use.
    2. For the purposes of these Terms of Use “Intellectual Property Rights” means all intellectual property rights and similar rights in the broadest sense (and claims to such rights), including, but not limited to, copyrights, design rights, trademark rights, trade name rights, patent rights, database rights, trade secrets, know how, domain names, and rights by virtue of the slavish imitation doctrine.
14. DISCLAIMERS AND LIABILITY

    1. We will exercise all reasonable skill and care in providing the App. We cannot guarantee the availability of the App or the accuracy, completeness, currency or reliability of any content or information in the App that derives from third parties (including, without limitation, any of our licensors or third party partners).
    2. Except as expressly provided in these Terms of Use, the App and all information provided through it are provided on an “as is” basis without guarantee of any kind and any conditions, statements, and warranties (including but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount possible by law.
    3. Without limiting the foregoing, we cannot guarantee and do not promise that the App and all information provided through it will meet Your requirements. Therefore we advise you to check any information provided to You through the App as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.
    4. There will be occasions when usage of the App will be interrupted for scheduled maintenance or updates, for emergency repairs, or due to failure of telecommunication links and equipment that are beyond our control.
    5. You agree to indemnify us against any claims or legal proceedings that may arise through Your use of the App or from any breach of these Terms of Use by You.
    6. We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
15. DATA PROTECTION AND PRIVACY

    1. We will only use any personal information that we may collect about You in accordance with our Privacy Policy. Click here to view our Privacy Policy: Privacy Policy. This policy forms an essential part of these Terms of Use and it is important that You read it.
16. GENERAL

    1. Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
    2. If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
    3. These Terms of Use and the Privacy Policy set out the full extent of our obligations and liabilities concerning the services we provide via the App and replace any previous agreements and understandings between us and You.
    4. You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.
    5. These Terms of Use and any dispute or claim arising out of or in connection with them shall be solely governed by and construed in accordance with the law of the Netherlands and the parties irrevocably agree to submit to the exclusive jurisdiction of the Dutch courts.