Terms & Conditions Branded app

1. Acknowledgment and Acceptance of Terms: By accessing or using the ProAgenda branded app ("App"), you ("Client") acknowledge and agree to be bound by these Terms and Conditions of Use ("Terms"). If you do not agree to these Terms, do not use the App.
2. Subscription and App Access: To have access to the ProAgenda branded app option, Client must have an active Premium academy subscription with ProAgenda. The existing branded app will remain available and active on both Apple and Google stores as long as the premium subscription remains active. When the premium subscription expires or is downgraded, ProAgenda will remove Client’s customer's access to the app and will remove the app from both Apple and Google stores. ProAgenda has the right to remove the app from the stores at any moment without providing a notification or reason to the Client.
3. Included Services: The App includes the following services: One active app, general app updates, app support, app uptime, and app review management.
4. Excluded Services: The following services are excluded from the App: App setup fee, customer-initiated updates, additional apps subscription, branding, and promotion material.
5. Costs: 
   1. Full app setup fee is EUR/USD 499, 
   2. Assisted app setup fee is EUR/USD 299, 
   3. Branding service is EUR/USD 99, 
   4. Promotional video is EUR/USD 49, 
   5. Additional apps are EUR/USD 99 per year per app. 
   6. Client-initiated app update costs EUR/USD 99.
6. Legal Ownership: ProAgenda is the owner of all Apps and their source code. If the Client has an App in their development account, they must remove it upon ProAgenda's first request.
7. Google App en Play Store: ProAgenda is not responsible for any changes in the Apple or Google Play Store that cause the App to be taken offline or declined. In the event that Apple or Google decides not to accept the App in ProAgenda's developer account, the Client must create their own developer account and subscription with the providers to upload the App.
8. Disclaimer of Warranties: The App is provided "as is" without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the App, including without limitation the software licensed to the Client and the results obtained through the App. Specifically, ProAgenda disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy, usefulness, or content of information, products, or services; and 2) any warranties of title, warranty of non-infringement, warranties of merchantability, or fitness for a particular purpose.
9. Limitation of Liability: ProAgenda shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to this agreement, whether based on contract, tort, negligence, strict liability, or any other legal theory, including without limitation damages for loss of profits, loss of revenue, loss of business, loss of use, or loss of data, even if ProAgenda has been advised of the possibility of such damages.
10. Indemnification: The Client agrees to indemnify, defend, and hold harmless ProAgenda, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, arising out of or related to their use of the App or their breach of these Terms.
11. Governing Law and Jurisdiction: These Terms and the Client's use of the App shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to its conflict of laws provisions. Any legal action or proceeding arising out of or related to these Terms or the App shall be brought exclusively in a court of competent jurisdiction located in Amsterdam, the Netherlands
12. Entire agreement: These Terms constitute the entire agreement between you and ProAgenda regarding your use of the App and supersede all prior or contemporaneous communications, whether oral or written, between you and ProAgenda
13. Modification of Terms: ProAgenda" reserves the right, in its sole discretion, to modify the ProAgenda branded mobile app ("App") at any time, with or without notice. ProAgenda may modify the App for any reason, including but not limited to improving functionality, addressing bugs or errors, complying with legal requirements, or updating the App to reflect changes in technology or user demand.