Last Update: October 2021
These Terms constitute a fully binding agreement between JEASY SA (“Jeasy” or “We”) located at Avenue de Broqueville 12, 1150 Brussels Belgium, registered under company number 0680.569.816, the proprietor of all rights in and to the Service, and you.
It is therefore recommended that you carefully read these Terms.
By using the Jeasy Service, you signify your assent to the following Terms
all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Jeasy.
- You agree with the Jeasy charter. As a starting point, you agree to use Jeasy for its original intent, being to make the world a better place, one trip at a time. By no means, you will try to cheat the Jeasy motion detection algorithm nor the Service. Any possible violation of the charter will lead to an automatic deletion of the account without any possibility for the user to redeem its EcoMiles.
- Service Availability. Jeasy is currently only available in Belgium. Jeasy EcoMiles can only be exchanged in Belgium.
- Anonymous. Jeasy does not require you to create a user account to use the Service. When the application is installed, an anonymous ID is automatically generated and assigned to you. All your trips recordings and/or trip searches will be linked to this anonymous ID.
- Location-based Service. Some features of the Service make use of detailed location and activity detection, for example in the form of GPS signals and other information sent by your mobile device on which the Jeasy application is installed and activated. These features cannot be provided without utilizing this technology. Jeays uses your location and detected activity information to evaluate your trip and recognize what transportation mode you are using. Your current location is also used as a starting point when searching for a trip recommendation.
- The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such a connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
- Rewards availability. Jeasy does not guarantee the availability of the Rewards (gifts, vouchers, coupons, discounts,…) provided by the partners of the Jeasy EcoMiles program. Gifts are fluctuant and may vary across time. By using the Service, you also agree with the Terms of the Jeasy EcoMiles program.
- Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
- Cautious moving around. When you are using Jeasy and moving around ( driving, biking, walking,…) always do so vigilantly according to road conditions and in accordance with traffic laws.
- Trip Recommendation accuracy. The trip recommendation information provided by the Service originates from third parties suppliers (Public Transports, Free floating devices information, …). Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Jeasy does not provide any warranties to such information’s credibility or reliability.
- Your age. To use our Service you must be 13 years of age or older. If you are under 13, you may not download or use the Service. Accounts of users under the age of 13 years will be canceled and deleted by Jeasy, upon receiving notice.
The Service allows users to earn Jeasy EcoMiles in exchange for trips recorded using a sustainable transportation mode (walking, biking and public transport). The calculation method for earning Jeasy EcoMiles, is based on an estimation by Jeasy of the sustainable benefits of the route recorded against the alternative of a single passenger in an average internal combustion engine car. Jeasy reserves the right to alter this methodology, at its sole discretion and at any time without prior notice.
Jeasy EcoMiles can then be exchanged against gifts and advantages made available within the Jeasy App. In order to coach our users to earn more Jeasy EcoMiles, a trip recommendation engine is also made available.
The Service is provided mainly through the App.
Jeasy hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the software) for non-commercial purposes, subject to these Terms.
5. Use restriction
There are certain conducts, which are strictly prohibited on and/or with respect to the usage of the Service. Your failure to comply with the provisions set forth below may result (at Jeasy’s sole discretion) in the termination or suspension of your access to the Site and/or App and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof);
- use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct;
- interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- sell, license, or exploit for any commercial purposes any use of or access to the Service;
- frame or mirror any part of this Site without Jeasy’s prior express written authorization;
- create a database by systematically downloading and storing all or any of the content from the Service;
- impersonate any person or entity or provide false or misleading personal information;
- use the Service for any illegal, immoral or unauthorized purpose;
- use the Service for non-personal or commercial purposes without Jeasy’s express prior written consent.
6. User representations and undertakings
You represent and warrant at all times throughout your use of the Service that:
- you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under this Agreement;
- you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Service;
- your use of the Service has not been previously blocked, suspended or terminated;
- you will not infringe or violate any of the Terms.
7. Termination of use of the service
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Jeasy of such termination. However, if you would also like for Jeasy to delete your trip history linked to your anonymous ID, please contact us at firstname.lastname@example.org. When receiving such a request, we will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems.
Jeasy retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Jeasy deems appropriate, at its sole and absolute discretion.
In the event that User provides Jeasy with any suggestions, comments or other feedback relating to the App, API or usage of the Third Party Service provider (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of Jeasy and User hereby irrevocably assigns to Jeasy all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback.
Without derogating from the foregoing, User hereby represents and warrants that it shall not provide any Feedback which is subject to any third party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Jeasy as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.
9. Intellectual property
Design, logos, graphics, icons, images, as well Jeasy’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Jeasy, and are subject to copyright and other applicable intellectual property rights under European laws.
The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Jeasy service providers and contractors. We do not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
11. Change of the Service
Jeasy reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Jeasy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
12. Limitation of liability and Warranty
JEASY PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Jeasy disclaims any warranties relating to the accuracy of the calculated EcoMiles. For instance, some parts of a trip could incorrectly be categorized (Public Transport while actually driving), some parts of the trips could be missing or incorrectly displayed on the map … Such errors and omissions are inherent to services that use GPS information.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD OR IN TRANSIT. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD OR IN TRANSIT (TRAFFIC LIGHTS, BLOCKED ROADS, BUS OR TRAIN SCHEDULE, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Jeasy does its best to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Jeasy’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Jeasy or any of its providers.
JEASY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
13. Breach and Indemnity
Without derogating from any applicable law, you agree to indemnify and hold harmless Jeasy and its employees, officers, directors and agents from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Jeasy, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
14. No Legal Relationship
These Terms of Services and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Service, its contents, maps and any other data.
15. Assignment of rights
You may not assign or transfer your rights in and to the Service, without the prior written consent of Jeasy. Jeasy may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Jeasy obligations to you under these Terms.
16. Complete Terms
17. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Belgium, and you submit to the non-exclusive jurisdiction courts located in Brussels for the resolution of any disputes.
You may contact us concerning any question about the Service, through the channels listed on the “Settings” menu in the App or through the “Contact Us” page. We will make our best efforts to address your inquiry promptly.