Terms of Use

TERMS OF USE SESSY.APP

Located at 3e Poellaan 40, 2161 DN Lisse, the Netherlands Registered with the Chamber of Commerce 75498707

Last modification on: March 16, 2023

These Terms of Use have been translated from the original Dutch version. In case of any discrepencies between the translated and the Dutch version, the Dutch version takes precedence. Click here for the Dutch version.

Article 1. Definitions
Article 2. Applicability
Article 3. Registrations
Article 4. Account
Article 5. Subscriptions
Article 6. Use of the Platform
Article 7. Changes and maintenance of the Platform
Article 8. Costs for using the Platform, duration of use and termination
Article 9. Content related rights
Article 10. Exclusion of use
Article 11. Liability
Article 12. Force majeure
Article 13. Complaints regarding the Platform
Article 14. Complaints regarding Content and Providers
Article 15. Termination of the Platform
Article 16. Applicable law, explanation of the conditions and choice of forum

Article 1. Definitions

In these Terms of Use, the following terms are capitalized and have the following meanings, unless a different meaning is ascribed elsewhere in the Terms of Use or a different meaning is evident from the context:

Sessy: the owner of the Platform.
User: the person who uses the Sessy Platform.
Member: the person who purchases services from the Provider via the Platform and enters into an Agreement for this purpose with the Provider via the Platform.
Provider: the person who offers services via the Platform and in that context enters into Agreements with one or more Members via the Platform.
Subscription: the agreement between a Provider and a Member on the basis of which the Member has the right to use the services of the Provider and to register for Sessions of the Provider.
Platform: the online platform of Sessy, consisting of the Website, a backend application for Providers and the Sessy app that (among other things) enables Users to enter into Agreements with each other.
Backend Application: online application intended for Providers in which the Provider can define what kind of Subscriptions they want to offer, what type of Sessions, etc. In addition, Providers can set the payment options for their Members in the Backend Application, manage the membership administration, collect payments, schedule Sessions and communicate with their Members.
Sessy App: the native app, which can be downloaded on a mobile device, which enables the User to enter into one or more Subscriptions with Providers, register for Sessions, make payments and account details save, change or delete it.
Website: the website of Sessy, which can be accessed via: https://sessy.app.
Account: personal, digital environment of the User on the Platform, which consists of a collection of data relating to the User in question.
Login details: a combination of a username, email address and/or password with which access to an Account can be obtained.
Session: activity offered by the Provider via the Platform for which a Member can register, provided that the Member has taken out a sufficient Subscription with the Provider.
Content: all messages, files, data, information, texts, audio and visual material and other (digital) material.
Use: “use” includes any use of the Platform, including but not limited to loading (uploading), saving (downloading), logging in, retrieving, consulting, reading, viewing, listening, editing, completing (of forms), sending, (temporarily) copying, storing, forwarding, distributing, using services, following links to other websites and performing legal acts (such as concluding an agreement).
Parties: Sessy and User collectively, and each individually “Party”.
Terms of Use: the provisions of this document.
Written: also “In Writing” in these Terms of Use also includes communication by email and digitally (for example via an online interface) provided that the identity of the sender and the integrity of the content are sufficiently established.

Article 2. Applicability

These Terms of Use apply to any use of the Platform, of any nature whatsoever, including but not limited to creating an Account, offering or purchasing services and concluding agreements with other Users, unless that applicability is (wholly or partly) expressly excluded In Writing or explicitly agreed otherwise.
Any general terms and conditions of the User, by whatever name, are expressly rejected. Deviations from and additions to these Terms of Use only apply if and insofar as they have been expressly accepted In Writing by Sessy.
If Sessy allows deviations from these Terms of Use, whether or not tacitly, for a short or longer period of time, this does not affect Sessy’s right to still demand immediate and strict compliance with these Terms of Use. The User cannot derive any rights from the way in which Sessy applies these Terms of Use.
These Terms of Use also apply to the relationship with the User if Sessy involves third parties in the performance of the services offered by Sessy. These third parties can invoke the present Terms of Use directly against the User, including any limitations of liability.
If one or more of the provisions of these Terms of Use or any other legal relationship between the User and Sessy should conflict with a mandatory legal provision or any applicable legal provision, a new legally permissible and comparable provision will be determined by Sessy and will replace the original provision.
Sessy reserves the right to change these Terms of Use at any time. The amended Terms of Use come into effect at the announced time and also apply to existing relationships between Sessy and the User. If no specific time has been announced on which the updated terms come into effect, changes will take effect vis-à-vis the User as soon as the change has been communicated.

Article 3. Registration

In order to use the Platform, the User must create an Account by registering via the Platform.
During the registration process, the User must provide, among other things, a valid email address and a password. After the User has successfully completed all steps of the registration process, the User will receive a confirmation email from Sessy to verify the email address provided.
The user is obliged to provide the information and data requested by Sessy during the registration process correctly, completely and truthfully.
Sessy reserves the right at all times to refuse the registration of an Account by a User without stating reasons.

Article 4. Account

The Account is personal, non-transferable and may only be used by the User that registered the Account. Login details provided or received by the User are strictly confidential and may not be shared with third parties.
Sessy is not responsible for misuse of Accounts and trusts that the person who logs in to the Platform using the login details of a specific User is actually that User. The User is responsible for all actions taken from the User’s Account, including use by unauthorized persons.
The User must immediately inform Sessy if the User suspects that an Account is being misused or if the associated login details have come into the hands of unauthorized persons.

Article 5. Subscriptions

Members can take out a Subscription with a Provider via the Platform. Subsequently, the Subscription entitles the Member to use certain services of the Provider. The size of the Subscription will be clearly stated by the Provider in the offer on the Platform. Sessy is not part of Subscriptions concluded between Members and Providers.
Payment by Members for Subscriptions is made using one of the payment methods offered via the Platform. Sessy is in no way responsible for the full or timely payment of subscription fees owed by Members. The collection risk with regard to amounts owed by a Member to the Provider lies entirely with the Provider.

Article 6. Use of the Platform

The User guarantees that the information and data that the User places on the Platform or sends via the Platform is correct, complete and up-to-date.
The User is responsible for the Content he or she places on the Platform. The User assumes all risks associated with the use of his or her Content, including any reliance on the accuracy, completeness, or usefulness by any third party, or disclosure by the User of any Content that personally identifies the User.
The User declares to be the owner or entitled party or to have the required authorizations or permissions for placing the Content on the Platform and using the Content as described in these Terms of Use as well as granting the rights thereto.
The User understands and acknowledges that, in using the Platform and the Content offered thereon, he/she may be exposed to information and data that may be factually incorrect, offensive, indecent or otherwise objectionable to the User. The User waives all rights and/or (legal) remedies that the User (possibly) has against Sessy with regard to the aforementioned information and data.
The User is expressly - but not exclusively - prohibited to:

offer products or services on the Platform that are prohibited by law or the offering of which is punishable by law;

use the Platform in such a way as to infringe the rights of third parties;

use the Platform for the distribution of computer viruses or material of a defamatory, obscene or threatening nature;

use the Platform for the distribution of material for promotional or publicity purposes (SPAM) without having obtained prior Written permission from Sessy, unless the addressee has expressly requested its transmission;

to make unlawful use of the Platform or the information provided on it and/or Content shown on it;

use the Platform in such a way that the Platform is damaged, deformed, interrupted, stopped, overloaded or otherwise made less efficient;

to distribute on any medium any part or parts of the Platform, including, but not limited to Content published on the Platform, without the prior Written approval of Sessy;

to change or modify any part of the Platform and/or its associated systems, programs, services and/or technology;

to (attempt to) circumvent, disable or otherwise intervene in security-related parts of the Platform;

to use the Platform or the systems, programs, services and/or technology contained therein for business applications without the prior Written approval of Sessy. This prohibition includes:

(re)selling access to the Platform and/or the services of Sessy and Users on another website, in particular with the aim of generating advertising and/or (subscription) income; and/or;

the further distribution of the services offered by Sessy, including with the aim of generating income through business activities that are largely similar or similar to the business activities driven by Sessy;

to collect or collect (part of) the content of the Platform or (personal) data regarding the Users of the Platform, whether or not by using an automated system.

Providers are responsible for the processing of personal data of Members processed via the Platform and must comply with all legal obligations. If Sessy processes the personal data of Members on behalf of the Provider, Sessy is only a processor within the meaning of the General Data Protection Regulation (GDPR) with regard to that processing.

Article 7. Changes and maintenance of the Platform

Sessy is permitted to change the operation, content and scope of the Platform at any time and at its own discretion and insofar as Sessy deems this necessary. Sessy does not require the prior consent of the User for this. Furthermore, Sessy is free to close the Platform or a part thereof for use or to make it otherwise inaccessible.
Sessy will make every effort to offer the Platform without interruption 24 hours a day and seven days a week, but offers no guarantees in this respect, unless agreed otherwise (for example by means of a Service Level Agreement (SLA) designated as such). Insofar as not otherwise stipulated in such an SLA, the provisions of this article apply to availability.
Sessy has the right to temporarily decommission its systems, including the Platform, or parts thereof for maintenance, adjustment or improvement thereof. Sessy will try to ensure that such decommissioning takes place as much as possible at times when the fewest Users are inconvenienced by it and will endeavor to inform the User in a timely manner of the planned decommissioning. However, Sessy is never liable for compensation of damage in connection with such decommissioning.
Sessy is entitled to take its Platform and the underlying systems temporarily out of use, without being liable for damages. Sessy is not obliged to inform the user about this in advance.
Sessy will endeavor to inform the User about the nature and expected duration of the interruption in the event of the Platform being unavailable due to malfunctions, maintenance or other causes.

Article 8. Costs for using the Platform, duration of use and cancellation

At the start of the use of the Platform, the Provider can make use of a free trial period of 30 days, after which Sessy will charge costs for using the use.
The cost of using the Platform is only applicable to the Provider. Members can use the Platform free of charge. The costs for using the Platform are communicated by Sessy on its Website.
The costs charged by Sessy to the Provider apply per Member who had a Subscription with the Provider during the relevant billing period, hereinafter: “Fee-per-member”. The duration of the Subscription is irrelevant, only the fact that a Member had a Subscription with the Provider at any time during the billing period. This means that the Provider also owes the Fee-per-member if a Subscription has existed for only 1 day during the billing period.
The costs are charged to the Provider by Sessy on a monthly basis, after the billing period ends. Sessy provides the Provider with an overview as well as a (digital) invoice.
Payment by the Provider to Sessy is made through a link between the Platform and payment provider Stripe.
The Provider owes the costs to Sessy until the user agreement between Sessy and the Provider ends. Unless agreed otherwise, Sessy and the Provider enter into an agreement for an indefinite period with regard to the use of the Platform. This agreement can be terminated by the Provider at any time with due observance of a notice period of 1 month. During the month’s notice period, the Provider will continue to owe the Fee-per-member to Sessy.
After the agreement between Sessy and the Provider has ended, the Provider will no longer have access to its Account, the Provider will no longer be able to use the Platform, and Sessy will no longer be obliged to store the account details of the Provider (or have them stored).
Sessy has the right to change its rates, including the Fee-per-member, at any time.

Content placed or provided by Sessy on the Platform is protected by copyright and the User is not permitted, without the prior Written consent of Sessy, to store (with the exception of the Content that is required to use the Platform), reproduce, modify, publish, distribute or transmit, sell or otherwise transfer or grant any rights to the Content, unless the User has obtained the rights to do so.

Article 10. Exclusion of use

Sessy grants the User permission to access and use the Sessy Platform in accordance with these Terms of Use. Sessy reserves the right to refuse the User (further) access to the Platform and the Account, or to cancel the User’s Account as well as Content stored, uploaded, posted or created by the User on the Platform and from the systems, without Sessy being obliged to pay any compensation to the User, if:

Content placed on the Platform by the User is incorrect, incomplete, outdated, misleading or in violation of laws and/or regulations;

there is a serious suspicion that the User is involved in fraudulent acts and/or there is fraudulent use or abuse of the Platform or the underlying systems;

the User does not comply with the rules as laid down in these Terms of Use or additional conditions that are imposed on the use of the Platform;

Sessy suspects that an Account is being used by unauthorized persons or when an Account is being misused; or

other urgent and well-founded reasons compel Sessy to do so.

Any damage that Sessy suffers as a result of non-compliance with these Terms of Use by the User will be fully recovered from the User by Sessy.
Sessy is not obliged to keep the User’s data or Content stored, uploaded, posted or created by the User stored after the Account has been closed.
If Sessy suspends, blocks, cancels or deletes an Account, Sessy will inform the User In Writing and give the User at least 30 days to submit a substantiated objection. If the User fails to convince Sessy within this period to lift the suspension, blocking or deletion of the Account, Sessy will permanently (irrevocably) delete the Account, all related information and Content.

Article 11. Liability

Sessy provides a Platform that links supply and demand. Sessy aims for the proper functioning and availability of the Platform, but offers no guarantees for this. Sessy is only helpful in establishing agreements between Providers and Members. However, Sessy does not form part of an agreement concluded between the Provider and a Member. To the extent permitted by law, Sessy excludes its liability for all damage suffered by a User due to or in connection with:

using the Platform and the services of Sessy;

entering into agreements with other Users via the Platform;

the unavailability or non-availability of the Platform or parts thereof;

incorrect information or data on the Platform;

changes in the Sessy Platform, or services offered on it, or changes in or on the Website.

Should Sessy be liable for whatever reason, Sessy’s liability is limited to compensation for direct damage up to a maximum of € 150 per case.
The limitations of liability for direct damage included in these Terms of Use do not apply if the damage is due to intent or gross negligence on the part of Sessy.

Article 12. Force majeure

Sessy is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, including in any case a pandemic or epidemic.
In these Terms of Use, force majeure means, in addition to what is understood in this regard by law and jurisprudence, all external causes over which Sessy has no influence, but as a result of which Sessy is unable to fulfill its obligations.
Sessy can suspend its obligations during the period that the force majeure lasts. If this period lasts longer than 90 days, both Sessy and the User are entitled to terminate the relationship with the other party, without being obliged to pay damages to the other party.

Article 13. Complaints regarding the Platform

Complaints about the operation or content of the Platform can be sent to Sessy In Writing by email: contact@sessy.app.
The assessment of any complaints about the functioning or content of the Platform is done by Sessy. Such complaints must be reported to Sessy as soon as possible and no later than 7 days after they have been discovered. If the complaint is justified and can be remedied, Sessy will try to remedy it as well as possible. In doing so, Sessy will make every effort to handle the complaint within a reasonable period of time.
If the User reports a complaint later, he will no longer be entitled to repair, replacement or compensation.

Article 14. Complaints regarding Content and Providers

Complaints regarding the manner in which an agreement is executed by the Provider must be addressed by a Member directly to the Provider. The Member can use the contact details of the Provider for this purpose. Sessy is not a party to the agreement between Member and Provider and will therefore not settle any disputes between a Member and Provider. However, Sessy will make an effort to mediate between a Member and the Provider, if the Member and the Provider have tried to reach a joint solution to the complaint, but this has not led to a solution that is desirable for both parties.
If Sessy handles a complaint regarding an agreement concluded between the Member and the Provider via the Platform, Sessy will make reasonable efforts to mediate in order to arrive at a suitable solution to the complaint between the Member and the Provider. If the Member and the Provider do not reach a solution to the dispute, despite the mediation efforts of Sessy, the aggrieved party will have to turn to the competent court in order to have the matter settled.

Article 15. Termination of the Platform

Sessy is entitled to terminate the Platform and thus the use of the Platform by the User at any time, without being obliged to pay any compensation to the User. Sessy will inform its Users of its intention to do so no later than 90 days before discontinuing the Platform.

Article 16. Applicable law, explanation of the conditions and choice of forum

All legal relationships between Sessy and the User are exclusively governed by Dutch law.
In the event of an explanation of the content and purport of these Terms of Use, as well as in the event of a conflict between the content or explanation of any translations of these Terms of Use and the Dutch version, the Dutch text will always be decisive.
All disputes – including those that are only regarded as such by one of the parties – arising from a legal relationship to which these Terms of Use apply in whole or in part, will be settled by the competent court in the district where Sessy is established, unless a mandatory provision of law determines otherwise. This does not alter the fact that Sessy can agree with the User to have the dispute settled by means of independent arbitration.

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