Terms of Service

To make sure we know exactly what to expect from each other, Present Plus explains the conditions under which it offers its Kuvva service. These Terms of Service are a binding legal document between Present Plus and you, so we recommend you read this document carefully.

Excerpt

To refresh the wallpapers on your desktop automatically, Kuvva needs to run silently in the background. You have the option to enable or disable Kuvva from automatically running in the background. The iPhone app has limited access to the iOS. Therefore, it is impossible to change wallpapers automatically.

You don’t need to sign in with a personal account to use Kuvva. Optionally, You can create a personal Kuvva account to create Your own set of favourite wallpapers to stream. To be able to create Your personal account, Present Plus needs to collect and process personal data. For more information, see Our Privacy Policy.

Full Document

Version 27 January 2014

About Kuvva
Kuvva is a service developed by Present Plus BV. Present Plus has its statutory seat and headquarter office at Pazzanistraat 33, 1014 DB Amsterdam, the Netherlands. We are registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under number 51250314.

Acceptance of the Terms
The Terms of Service (“Terms”) for Kuvva is an agreement between you (“You”, “Your”, etc.), the user of our Kuvva wallpaper service (“Service”) and Present Plus B.V., (“Present Plus”, “We”, etc.), owner, rights holder and provider of the Service. By using Kuvva, You agree to be bound by these Terms as set out below.

Service
Kuvva offers wallpapers and a wallpaper gallery for Your iPhone and/or Mac desktop. Kuvva contains images from artists, photographers and designers that you can set as a wallpaper on your Mac or as the lock or home screen on your iPhone. The Kuvva app for Mac desktop or iPhone can be bought through Apple’s App Store.

Automated refreshing of wallpapers
To refresh the wallpapers on your desktop automatically, Kuvva needs to run silently in the background. You have the option to enable or disable Kuvva from automatically running in the background. The iPhone app has limited access to the iOS. Therefore, it is impossible to change wallpapers automatically.

Personal account
You don’t need to sign in with a personal account to use Kuvva. Optionally, You can create a personal Kuvva account to create Your own set of favourite wallpapers to stream. To be able to create Your personal account, Present Plus needs to collect and process personal data. For more information, see Our Privacy Policy.

Age
Kuvva is suitable for users of 12 years and older.

Third parties
Present Plus generates income by selling the Kuvva app for desktop and iPhone through Apple’s App Store. We do not sell or otherwise generate income by providing Your personal data to third parties. In the event that Present Plus is sold, pledged or disposed of as a going concern whether by merger, sale of assets, bankruptcy or otherwise, then all data associated with Kuvva, including your personal data could be sold as part of that transaction whereby all personal data may go to the successor or purchaser.

Intellectual Property rights
Kuvva offers wallpapers with images from different artists. The intellectual property rights of the images remain with the artists. Therefore, You are only allowed to use the images within the Kuvva service. You are allowed to store the images on your computer or iPhone for your own use, but you are not allowed to publish or use the images elsewhere.

Disclaimer
Present Plus provides its Kuvva service “as is,” without warranty of any kind. Without limiting the foregoing, Present Plus explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Present Plus makes no warranty that the Kuvva service is available on an uninterrupted, secure or error-free basis. Your use of Kuvva is at your own risk. You acknowledge and agree that Present Plus is not responsible for any damages to your computer system or the computer system of any third party that result from use of Kuvva. If you notice an issue, please contact us at support@kuvva.com. or tweet to @kuvva.

Indemnity and Liability
You will defend, indemnify and hold harmless Present Plus, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your use of Kuvva or Your violation of these Terms. However, this limitation of liability does not intend to exclude the liability of Present Plus for the intentional and/or deliberate recklessness of Present Plus themselves (“their own acts”) and or the management of Present Plus.

In no event will Present Plus be liable to You or to any third party for any damages arising out of use of Kuvva, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Present Plus has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Present Plus will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Present Plus is liable for damage under mandatory law, Present Plus’ aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.

Controlling Law and Jurisdiction
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of the Netherlands. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Amsterdam, the Netherlands, unless stipulated otherwise by mandatory Dutch or international laws. You waive any objection to jurisdiction and venue in the courts of the Netherlands.

Revisions
Note that We may revise these Terms from time to time. Each revised version shall be dated and posted on the Kuvva website. We recommend that You review the Website from time to time and take note of any changes. If You do not agree with the Terms, You should not or no longer use Kuvva.

Validity
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and Kuvva. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by You. In the occasion that these Terms shall become partly invalid, You and Kuvva remain bound to the remainder.

Questions
For questions about these Terms, please contact Kuvva at info@kuvva.com.

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