Terms · Dutchbeard

Terms for the use of the Dutchbeard services, the Dutchbeard ID and the associated credit system.

In these terms, "Dutchbeard services" means: this account portal (account.dutchbeard.nl), the associated apps (including RailBox and Dienstkaartje.nl) and all other websites and applications that I offer under the name Dutchbeard.

1. Provision of information

I have compiled the information in the Dutchbeard services (on websites and in apps) with great care and I update it regularly. Even so, I cannot guarantee that all information is complete, current or free of errors.

Part of the information comes from external sources (such as public APIs of carriers, ProRail or other third parties). I have no control over the accuracy or availability of those sources and I am not liable for inaccuracies, delays or outages that originate there. Specifically for travel and railway information, this is an indicative representation and no substitute for the official announcements of the carrier or infrastructure manager on site.

The content is intended solely as general information and not as professional advice or a substitute for it. I am not liable for any errors or omissions in the information, nor for its use.

Visitors and users cannot derive any rights from the content of the Dutchbeard services. Use the information at your own risk, and in case of doubt or for professional advice always consult official sources or a competent authority.

2. Dutchbeard ID and use of the Apps

The Apps that I offer under Dutchbeard (such as RailBox, Dienstkaartje.nl, and future Dutchbeard apps) are supplied "as is". I do my best to keep the Apps available and functional, but I cannot guarantee that they will always work without errors or interruptions. I am not liable for technical malfunctions, temporary unavailability or loss of data through the use of the Apps.

The following rules apply to the use of a Dutchbeard ID and the Dutchbeard services:

One Dutchbeard ID per person. A Dutchbeard ID is personal. You do not share your login credentials with others.
Account security. You are responsible yourself for choosing a strong and unique password and, where available, for enabling two-factor authentication. Activity under your Dutchbeard ID is for your account, unless you reasonably demonstrate that there has been misuse by third parties. Do you suspect misuse? Then immediately end all active sessions in the portal and change your password.
Automated use. Automated, large-scale or scraping-oriented use of the Dutchbeard services is only permitted insofar as a public API or an explicit arrangement exists for it. Circumventing rate limits, security or access controls is not permitted.
No misuse. You do not use the Dutchbeard services to impair their availability or integrity (think of DoS attempts), to exploit vulnerabilities or to harm other users. You report security issues responsibly; see section 12 (Contact).
Responsible use in a railway context. Some Dutchbeard apps support employees in the railway sector. You do not use these apps in a way that endangers the safety of the railway or attention during safety-critical tasks.
Suspension and termination. In the event of a (suspected) breach of these terms, I may suspend or terminate your access to a Dutchbeard ID or to specific Dutchbeard services without prior notice. In the case of termination for that reason, there is no right to a refund of outstanding credits or donations.

3. Credits

The Dutchbeard services make use of a central credit system that is linked to your Dutchbeard ID.
One (1) credit costs EUR 0.01. Amounts on the top-up page include any applicable taxes.
When topping up, a transaction fee charged by the payment provider is added to the amount you have chosen; this amount is shown before payment. See also section 5 (Payments).
Purchased credits cannot be refunded and are not exchangeable for money.
Credits have no monetary value outside the Dutchbeard services.
Credits can be used to perform server-intensive tasks within the portal and all connected Dutchbeard apps. Credits are linked to your Dutchbeard ID and not to a specific app.
Right of withdrawal. Credits are digital content that is made available immediately after purchase. By ticking the terms when topping up, you expressly agree to immediate delivery and acknowledge that you thereby waive your statutory right of withdrawal as soon as the credits have been added to your Dutchbeard ID.
Age. You can only purchase credits if you are sixteen years or older, or if you have the consent of a parent or guardian.
Misuse. In the event of fraud, a chargeback without a valid reason or another breach of these terms, I may revoke outstanding credits and restrict or terminate your access to the Dutchbeard services.
Termination of Dutchbeard ID. You can delete your Dutchbeard ID yourself at any time via Profile in the portal; you confirm this with a code that I send by email, after which the deletion is immediate and final. If you delete your Dutchbeard ID yourself, your credit balance lapses without any right to a refund and your donations are anonymised. If at some point I discontinue the Dutchbeard services, I will announce this reasonably in advance and let users spend their remaining credits as far as possible; however, there is no right to payment of the remaining balance.

4. Donations

Donations to Dutchbeard are entirely voluntary. You are in no way obliged to make a donation in order to continue using the Dutchbeard services; all apps and the portal remain available free of charge without a donation.
A donation is a gift and not a purchase. There is no consideration in return: I provide no additional service, no extra functionality and no support in exchange for a donation.
Donations are non-refundable and cannot be exchanged for credits, money or other goods or services.
The optional supporter badge that may appear next to your name on Dutchbeard sites after a donation is a symbolic token of thanks and gives no right to extra functionality, priority or discount. The badge is shown temporarily (at the time of writing: thirty days) and I may adjust or discontinue how it works or how long it lasts at any time.
Donation amounts that you see on the supporter page may be extended or adjusted by me. I give no guarantee that a specific amount will remain available.
Payment takes place via the payment provider described in section 5 (Payments). A transaction fee charged by the provider is added on top of the amount you have chosen, so that the full donation amount reaches Dutchbeard. This is shown before payment.
Donations are not deductible gifts: Dutchbeard has no ANBI status (Dutch public benefit organisation status).

5. Payments

Payments for topping up credits and for donations run via Stripe (Stripe Payments Europe Ltd., established in Ireland). Stripe's terms and privacy policy apply to the payment itself.
Dutchbeard stores no payment card details or bank account numbers. All payment details are entered directly with Stripe and processed there. From Stripe I receive only the data needed to link the transaction to your Dutchbeard ID (such as a transaction ID, the amount paid and your email address).
Stripe charges a fee per transaction (at the time of writing: 1.5% + EUR 0.25 for European payment methods). This fee is added on top of the amount you have chosen so that the intended party (Dutchbeard or the credit pot) receives the full amount. The final fee is shown before payment.
In the event of a chargeback via your bank or card issuer, any associated costs may be recovered from you and I may revoke credits or supporter status retroactively. Disputes about transactions are, where possible, handled via Stripe first.
Refunds. Because of the waiver of the right of withdrawal described in section 3 and the voluntary nature of donations described in section 4, payments are in principle non-refundable. In the event of a demonstrable technical error (for example a double charge), I will of course put this right in all reasonableness.

6. Uploads and user content

For some server-intensive tasks it may be necessary for you to upload files (via the portal or via a Dutchbeard app). The following arrangements apply to this:

Own responsibility. You are fully responsible for uploading correct, relevant and legal files, regardless of which Dutchbeard service the upload takes place through.
Rights to the content. By uploading something you confirm that you have all the necessary rights to do so (copyright, portrait rights, privacy grounds) and that the content does not infringe third-party rights, applicable laws or regulations, or these terms.
Prohibited content. Not permitted are, among other things: unlawful, infringing, discriminatory, threatening or sexually exploitative content, harmful code (such as malware) and personal data of third parties without a valid legal basis.
Removal. I may refuse, restrict or remove uploads without prior notice when I suspect that they conflict with these terms or with the law, or when they endanger the stability of the Dutchbeard services.
Retention period. Files are kept no longer than necessary for carrying out the requested task. Retention periods and processing purposes are explained in my privacy policy (section 7).
Indemnity. You indemnify Dutchbeard against third-party claims arising from files you have supplied.

I am not liable for damage arising from incorrect or inappropriate uploads, or from the processing of files supplied by you.

7. Privacy and data

Use of the Dutchbeard services entails the processing of personal data. Which data I process, for which purposes, on which legal basis and how long I keep it, is described in the Privacy Policy. The use of cookies and similar techniques is explained in the Cookie Policy.

By using the Dutchbeard services you acknowledge that you have read the Privacy Policy and understand how your data is processed.

8. Intellectual property

The name Dutchbeard, the logo and the visual identity elements linked to Dutchbeard are mine. Without prior written permission you may not use these for purposes other than the normal use of the Dutchbeard services.
The source code of the Dutchbeard services is, unless expressly stated otherwise, not open source. Reverse engineering, decompiling or copying parts of the Apps is not permitted, except insofar as the law mandatorily allows this.
You retain your own rights to files you upload. By uploading something you grant me a limited, revocable licence to technically process, store and return the content to you, insofar as this is necessary to carry out the requested task. I do not sell or exploit your uploads.

9. Liability

Use of the Dutchbeard services is entirely at your own risk. To the extent permitted by law, the following applies:

I exclude all liability for indirect damage, consequential damage, loss of profit, missed savings, damage due to business interruption or loss of data.
Any liability for direct damage is limited to the higher of (a) EUR 100 or (b) the amount you actually paid to Dutchbeard (credits + donations) in the twelve months before the damage-causing event.
I am not liable for damage resulting from force majeure, including but not limited to power failures, internet outages, failure of hosting services or third-party APIs, and (cyber) attacks.
The limitations mentioned above do not apply in the event of intent or deliberate recklessness on my part and do not affect mandatory consumer rights (see section 11).

10. Changes

I reserve the right to amend these terms at any time. In the event of material changes (for example an adjustment of prices, the credit system or the liability arrangement), I will inform registered users reasonably in advance, for example by email or via a notification in the portal. Non-material changes (linguistic corrections, clarifications) may be implemented without notice.

The date at the top of this document indicates when the terms were last amended. If you do not agree with an amended version, you can delete your Dutchbeard ID at any time via Profile in the portal. By continuing to use the Dutchbeard services after a change, you agree to the amended terms.

11. Applicable law and disputes

Dutch law applies to these terms. Mandatory provisions in favour of consumers, such as those arising from the Dutch Civil Code and relevant EU legislation, continue to apply in full.

Do you have a complaint or a dispute? Then first contact me using the details mentioned in section 12 (Contact), so that we can try to resolve it together. If we cannot resolve it, you can submit the dispute to the competent Dutch court. Consumers can in addition make use of the European Commission's online dispute resolution platform.

12. Contact

Questions, complaints or reports of security issues can be sent to the contact address stated on the Dutchbeard website. I aim to respond within a reasonable period, but I cannot guarantee fixed response times.

13. No advertising

I have chosen not to display advertising and not to deploy third-party advertising or tracking cookies on all Dutchbeard domains and in all Dutchbeard apps. This policy applies to all current Dutchbeard domains and apps.

This is a commitment for the current set-up of the Dutchbeard services. If I ever wanted to change this policy, I would announce it first as described in section 10 (Changes), and it will remain possible at a minimum to keep using the Dutchbeard services without personalised advertising or tracking.

Language

This English text is a translation provided for convenience. The Dutch version of this document is the legally binding one; in the event of any discrepancy between the two versions, the Dutch version prevails.