Terms & Conditions

1. General Information

1. This Agreement sets out the general terms and conditions that apply to the Customer’s use of the Refybe platform.
2. By implementing, using or otherwise making use of Refybe, the Customer agrees to be bound by the general terms and conditions set out in this Agreement and its annexes. If the Customer does not accept this, the Customer may not implement, use or otherwise make use of Refybe.
3. All prices are based on the fact that the Customer him / herself produces and runs campaigns in the Refybe platform.
4. For all subscriptions Refybe offers a 'Frequently Asked Questions' and ticket support. For enterprise users Refybe offers a thorough introduction and onboarding to the platform.
5. Refybe provides ticket support on the platform 10:00 – 17:00 during weekdays. All inquiries should be sent from the general contact page of Refybe.

2. Refybe's Services

1. Under this Agreement, the Customer may access Refybe for the purpose of building and managing campaigns from the Refybe platform.
2. Refybe's services are offered on a SaaS model, i.e. that the Customer always has access to the software. Refybe's services are changed / improved continuously, but no guarantee is given for full compatibility back in time.
3. In normal circumstances campaigns will not be affected by updates or new releases.
4. Refybe shall provide hosting, upgrading and maintenance of the Refybe platform which is included in the subscription.

3. Credits & Credit Payments

1. Each participant in a campaign will be charged one or more credits. The amount of credits depends on the services chosen.
2. Credits can be purchased at any time on the platform Refybe by the Customer.
3. Invoicing of purchased credits normally takes place within one hour.
4. Using features, such as a game, cashback or email notifications, costs credits per participant. These credits are on top of the fixed credits per participant. On the credits page in the dashboard of [ ] the credits per feature are explained.
5. Credits will not be refunded or converted to purposes other than those intended for this platform.
6. If a Refybe account is suspended, deleted or terminated and there are credits present, the credits will not be refunded in any form.
7. Refybe is free to adjust all credit prices at any time. A credit price regulation will enter into force within a directly after the applicable date.

4. Rights to data and the Refybe platform

1. The Customer will receive an unrestricted, non-transferable, non-exclusive right to use the Refybe platform for the purpose of giving the Customer access to using the set of functions applicable at any given time under the agreement between the Parties.
2. The registered data regarding end user customers and the content used in connection with the Customer’s built-up campaigns always belong to the Customer.
3. The Customer is able to export and manage all participant data that is collected by the Refybe Platform.
4. Refybe has the right to use data on an aggregated and entirely anonymous level, as part of Refybe’s business and statistical purposes. Data used for statistical purposes, but also for public demo's, portfolio cases, training of staff and AI. The data will not contain personal data.
5. Red Button Digital BV (NL) has ownership, copyright and all other intellectual property rights to the Refybe platform.
6. The Customer may not break or modify any files and codes that give access to use of Refybe. The Customer is also not permitted to change or remove any statement and / or comments on copyright, trademark or other rights existing in Refybe.
7. The Customer is not entitled to copy Refybe unless, and only to the extent that, such actions are permitted under mandatory laws and the Customer shall in all respects comply with such laws.

5. Data protection and hosting

1. The Customers are individually responsible for complying with their respective obligations regarding any processing of personal data by the Refybe Platform on behalf of the Customer in connection with the use of Refybe. Refybe acts as a data processor only on instructions from the Customer who is responsible for the data.
2. As data processor, Refybe takes the necessary technical and organizational security precautions to prevent information being accidentally or illegally destroyed, lost or impaired, and also to prevent them from becoming known to unauthorized persons, being misused or otherwise processed in violation of the Personal Data Processing Act. At the Customer’s request, Refybe shall provide sufficient information to ensure that the aforementioned technical and organizational security measures have been taken.
3. Refybe software is hosted through Amazon cloud services at Amazon Web Services in Europe (Frankfurt, Milan). We expect an uptime in the period of 99%. No compensation is given for downtime.
4. Other data protection conditions are dealt with separately in any data processing agreement between Refybe and the Customer. A data processing agreement will have to be in force between the parties before the Customer can send out a live campaign collecting data.

Legality

1. The Customer shall ensure that the Customer’s use of Refybe in all respects is lawful. In particular, the Customer must ensure that the necessary consent for processing personal data is obtained and that all relevant rules regarding the processing of personal data, on marketing, on consumer protection, on spam and on use, etc. is complied with.
2. The customer is entirely responsible for compliance with all relevant legislation relating to implementation and the use of Refybe.
3. Refybeis created for free promotional campaigns only. It is not allowed to use Refybe to create paid (online) casino games, gambling games or other means that are used to gain money.

7. Confidentiality

1. Refybe treats all data, information and trade secrets relating to the Customer, that are acquired within the framework of cooperation and the use of the Refybe platform confidentially.
2. The Parties shall keep confidential all information (written or oral) concerning the business and affairs of the other party and any specifications, drawings, diagrams, patterns or other materials that it shall have obtained or received or created as a result of the discussions leading up to or the entering into or the performance of the Agreement, shall only use such information in the proper performance of the Agreement and shall not without the other Party’s written consent disclose such information in whole or in part to any other person save those staff, subcontractors and agents involved in the implementation of the Agreement and who have a need to know the same and shall ensure that all such persons comply with the obligations in this Clause 7.2.
3. The Parties obligations in Clause 7.2 shall not apply to information that is already in the public domain other than as a result of a breach of Clause 7.2.
4. The Customer accepts that Refybe may use examples from campaigns, name and logo in mentions for marketing purposes. All such use shall be made in good faith and to a fair extend.

8. Liability

1. The parties are liable under Dutch law.
2. Refybehas no liability for any losses under this Agreement.
3. In some cases Refybe can suggest a fair compensation without any obligation. In determining a possible compensation byRefybe, there shall be deducted any amount and / or the value of any compensation that Refybe previously paid and / or granted to the Customer to cover or serve as a compensation.
4. Refybe is not responsible for Refybe’s applicability in relation to the specific use, that the Customer wishes or may have anticipated, including for integration or interaction between Refybe and the Customer’s other hardware and software.
5. In no event shall either Party be liable to the other Party for operating loss, business and/or operational disruption, loss associated with lost data, reconstruction of it or lack of access to it, lost profit and revenue, lost savings, claims raised by third parties against the other Party, or indirect losses or consequential damages of any kind.
6. User-logins are personal and shall not be shared. The Customer is responsible for the security of its user-logins. That is, the Customer must manage the unique passwords and user names assigned by Refybe in a defensible manner. If the Customer notices any misuse, Refybe must be informed immediately.
7. It is possible to let the Refybe platform automatically extract randomized winners. The system extracts winners, by generating a random winner based on the win chance in the given game. Refybe disclaims all liability for the use of automatic winner extraction, handling of prizes and information to winners.
8. Refybe recommends that in campaigns with prize pools of significant value, prizes, winnings and information to winners shall be handled manually.
9. In the case that Refybe build campaign(s) for the Customer, it is the responsibility of the Customer to review and approve the final campaign and settings to ensure that the campaign is as intended.
10. Refybe is not responsible for force majeure-like conditions, such as interruption of power supply, breakdowns in public available networks, flooding and similar conditions, which prevent or restrict the delivery of the Refybe platform.
11. Refybe is subject to product liability only to the extent that such liability arises under mandatory legislation.
12. If it is found that users cheat, any cleanup of the database can be performed by Refybe and blocking of users will be at the Customer’s expense. This task is performed exclusively at The Customer’s request.
13. The limitations in this clause 8 shall not apply if the loss can be shown to be attributable to gross negligence or intentional conditions.

9. Transfer of rights

1. The Customer may not sell, distribute, license, rent out, lease, lend, pawn or otherwise transfer, transport or surrender Refybe or the rights of use thereto to third parties, hereunder collect marketing permissions for third parties, without prior written permission from Refybe.
2. Refybe cannot, without prior written consent from the Customer, transfer all or part of its rights and obligations under this Agreement to any third party. Refybe is, however, entitled at any time without the Customer’s consent to transfer its rights and obligations under this Agreement as part of a sale of the business operated by Refybe or to companies that are group-associated with Refybe.

10. Entry into force and termination

1. This Agreement shall enter into force on the date of the Customer’s acceptance of the Agreement and shall remain in force until it is terminated pursuant to this clause 10.
2. This Agreement can be terminated with effect from the end of the license period no later than 1 month prior to the end of the license period.
3. This Agreement will automatically renew when this Agreement is updated. By using Refybe. the Customer automatically accepts the updated terms and conditions.
4. In the event of a material breach, the non-breaching party may terminate this Agreement with the defaulting party if the material breach has been pointed out with 14 days written notice and has not been rectified by the defaulting party.
5. In the event of termination of this Agreement, the Customer is obliged to discontinue using Refybe. Upon termination, Refybe is not required to repay any portion of the purchased credits.
6. At the expiration or termination of the License Agreement, the Customers account in the Refybe Platform will be deleted permanently within 1 hour after deletion. Refybe undertakes to notify the Customer of the expected time of any such deletion no less that 14 calendar days in advance thereof.
7. Deletion of personal data is dealt with separately in the Data Protection Agreement between the Parties.

11. Choice of law and legal venue

1. Any dispute between the parties shall be governed by Dutch law at a district court or one of the sub-district venues.