1. Definitions “General Terms and Conditions” means the general terms and conditions of imby with scope of applicability as defined in article 2 thereof, available at https://www.imby.energy%3B/ “imby” is the limited liability company, incorporated under the laws of Belgium with registered office at ************, Belgium, and with company number *********; “Imby cloud platform” means the cloud platform developed and managed by imby on which the Software runs and to which the License and Sub License give access; “imby User Terms” means these user terms of imby with scope of applicability as defined in article 2 thereof; “License” means the non-exclusive, non-transferable and sub-licensable right to use the Software, granted by imby, subject to the compliance of the General Terms and Conditions and the imby User Terms; “Sub License” means the non-exclusive, non-transferable and non-sub-licensable right to use the Software, granted by a third party, subject to compliance of a sub-licensing agreement and the imby User Terms; “User” means the person or entity who was granted a License or Sub License to use the Software and/or the imby cloud platform; “Rights” means all proprietary rights, intellectual property rights and other rights, including patent rights, usage rights, the rights to exploit, commercialize and/or distribute, the right to license and/or sublicense and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever; “Software” means the computer programs developed, distributed, commercialised and licensed by imby; 2. Applicability 2.1 These User Terms are applicable to and binding for all Users, whether they use the Software and/or imby cloud platform through a License or a Sub License. By installing, downloading, subscribing or registering for the Software and/or using the Software and/or the imby could platform, the User agrees to be bound by these imby User Terms. The User shall be responsible and indemnify imby for all damage caused to imby and/or third parties due to non-compliance with the User Terms and/or any other infringement to the Rights and/or other rights of imby or third parties. 3. Rights 3.1 The User acknowledges that all the Rights on the Software and the imby cloud platform are exclusively owned by imby. The License only grants the User the right to use (and grant usage rights to third parties on) the Software, through the imby cloud platform, under the conditions set forth in the General Terms and Conditions and subject to compliance with these imby User Terms. The Sub License only grants the User the right to use the Software, through the imby cloud platform, under the conditions set forth in a sub licensing agreement and subject to compliance with these imby User Terms. 3.2 imby retains all Rights with regard to 1) the Software, 2) the imby cloud platform, the underlying web pages, the underlying technical description, documentation, the intrinsic methods and algorithms as well as codes and 3) the content of the web pages, regardless of the manner of presentation thereof, as well as the brands, logos, domain names, trademarks, designs and models used on the imby cloud platform. The User acknowledges that he will not claim any Rights or any other rights or titles regarding the Software, the imby cloud platform and/or its content. 4. Obligations regarding the Software and the imby cloud platform 4.1 The User shall at all time: • Use the Software and/or imby cloud platform in accordance with these User Terms, • Take the necessary reasonable technical (security) measures to ensure the proper use of the Software and/or imby cloud platform, such as correct management of login and password and proper protection of ICT devices used for login, etc., • Inform imby immediately from any potential dispute and/or relevant claim on (the Rights concerning) the Software and/or the imby cloud platform, that it becomes aware of. 4.2 The User shall refrain from, directly or indirectly though third parties: • Decompiling, disassembling, decoding, hacking, reverse engineering the Software and/or the imby cloud platform or creating a derivative work thereof, • Inflicting damage to imby, imby’s Rights regarding the Software and/or the imby cloud platform, the Software and/or the imby cloud platform, amongst others by taking undue advantage of (a bug) in the Software or the imby cloud platform, by disrupting, hacking or otherwise corrupting the security techniques or authentication measures in place, placing user induced network malfunction, IT-virus, ransomware, cancelbots or other computer programming routines or engines with the intention of disrupting or otherwise affecting the Software, the imby cloud platform, its functionality and/or availability, • Distributing, selling, renting, or leasing the Software and/or imby cloud platform and transferring the use of and/or the access to the Software and/or the imby cloud platform to third parties, unless permitted under the License, • Removing any proprietary notices contained in the Software and/or the imby cloud platform, • Using the Software and/or the imby cloud platform for (i) sending spam, such as sending unwanted and/or unsolicited e-mail or contact requests in large numbers, (ii) engaging in any unlawful act, including in any case the activities that exploit, harm or threaten to harm children, (iii) displaying or sharing inappropriate content or other materials (such as nudity, bestiality, pornography, offensive language, extreme violence or criminal activity) and, (iv) distributing, displaying and/or storing content, material or data that is contrary to public order. 5. Non-compliance 5.1 The User acknowledges that imby may suspend the access to the Software and/or imby cloud platform in case the User does not fully and/or timely comply with these User Terms, without detriment to imby’s right to terminate the agreement with the User and/or the granted License due to consistent and/or serious incompliance with these User Terms and/or other contractual arrangements.