These Terms of Use constitute an agreement between 33REASONS NV, having its registered office at 9451 Haaltert, Hofstraat 58, and registered with the Crossroadbank of Enterprises under the number 0718.718.233 (hereinafter, “33REASONS” or “we”) and you (hereinafter, the “User” or “you”), for the use of our mobile app “OkiOki” (hereinafter, the “OkiOki App”). These Terms of Use govern the Users’ access and use of the OkiOki App, and the advertisement, documents, videos and information contained therein (hereinafter, the “Information”).

By clicking the “I Agree to the Terms of Use”-box, or by installing, downloading, accessing or otherwise using the OkiOki App, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, then do not click the “I Agree”-box and do not install or otherwise use the OkiOki App.

You recognize and declare that the digital acceptance of these Terms of Use shall qualify as a valid electronic signature which has the same legal value as a wet ink original paper document bearing a manually signed signature.

We reserve the right, in our sole discretion, to change, modify, add or remove these Terms of Use or parts of it at any time. Your rights under these Terms of Use will be subject to the most current version of these Terms of Use. Changes to the Terms of Use will be communicated to you via e-mail or via a pop-up, as appropriate given the particular circumstances.

33REASONS is authorized as an account information service provider (payment service type 8) by the National Bank of Belgium Boulevard de Berlaimont/Berlaimontlaan 14, B-1000 Brussels (Tel.: +32 2 221 21 11 – www.bnb.be) and is supervised by the National Bank of Belgium and the Federal Public Service Economy, S.M.E.s, Self-employed and Energy. City Atrium C, Rue du Progrès/Vooruitgangstraat 50, 1210 Brussels (Tel.: 32 800 120 33 – www.economie.fgov.be).

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1. The services and registration

• The OkiOki App is a mobile application, available to Users aged 18 or over, registered at the Crossroad Bank of Enterprises and acting in the context of their professional activities.
• The OkiOki App provides Users with a wide range of (financial assistance) services. The services and functionalities of the OkiOki App may vary depending on the options you selected. Some services are paid services. More details on the services and the rates for services are available on our website https://www.OkiOki.be/
• The services can allow you, amongst others, to:
• ~Account Information Services (AIS) as defined within the PSD2 legislation, ie. connect with your bank account and import your banking transactions in the OkiOki App;
• ~Add or upload new expenses, scan receipts and read the relevant information in the OkiOki App;
• ~Classify your expenses;
• ~Match receipts, invoices and accounting documents to transactions;
• ~Create and send sales invoices
• ~Send documents and transaction details to your accountant/bookkeeper
• ~Receive feedback or questions from your accountant/bookkeepers
• We emphasize that the OkiOki App provides for (financial) administration assistance services, but the User shall be ultimately responsible for verifying, validating and approving the services.
• You must have an existing and current account in order to use the OkiOki App. To this end, you have to (a) register as a user (either directly or via your accountant) (b) give explicit consent that we can access, amongst others, your bank accounts and (c) provide us timely all necessary and correct information. Only one account may be associated with one individual and one single e-mail address. Further, you have to ensure that this information remains up-to-date. The User will not provide any false or incorrect information to us about his / her identity or misrepresent his / her identity in any other way. If the User provides incorrect, incomplete or obsolete information, we reserve the right to suspend or terminate the User’s account without prior notice.
• Your password protects your user account. You must choose secure elements, avoiding any combinations or passwords that are obvious. You are solely responsible for the activities on your account and for maintaining the confidentiality and security of your password and all additional identifying information required for the use of the OkiOki App. You may not share your account information with others. You must immediately inform us if you are aware of loss, theft or unauthorized use of your password or of any other unauthorized use of your account information. If your username or password is lost or stolen, or if you believe third parties had unauthorized access to your account, notify us and change your password immediately.
• To access and use the OkiOki app, you will require a functioning hardware system, internet access, and a modern internet browser. The OkiOki app is thoroughly tested with Google Chrome, Mozilla Firefox and Apple Safari in the latest three (3) versions.

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2. Right to access and use

• Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited, revocable right to access, use and display the OkiOki App and the Information provided hereon for your personal professional use (insofar as necessary for managing the User’s finances), provided that you comply fully with the provisions of these Terms of Use. The OkiOki App is licensed, not sold, to you. All of our rights not expressly granted under these Terms of Use are retained.
• You agree to take all appropriate measures to protect your own data and/or software from contamination by possible viruses on the Internet network.
• You should avoid using computers and mobile phones that are accessible to the public, taking into account the risks inherent in this type of access and, in particular, the possibility of compromising the security of your credentials.
• You are solely responsible for the use and implementation of appropriate means of security, protection and safeguard of your equipment and data. We strongly recommended that you:
• ~use cryptographic means to protect your data against unauthorized access;
• ~periodically back up your data;
• ~regularly update your software and at all times maintain an up-to-date anti-virus.
• You acknowledge that the OkiOki App contains information, software, photos, videos, texts, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (“Information”) that are protected by intellectual proprietary rights, including but not limited to, copyrights, data base rights, patents, trademarks, design and models, trade secrets, proprietary rights in know-how, confidential information, design rights and/or other proprietary rights, and that these rights (whether registered or unregistered) are valid and protected in all forms, media and technologies existing now or hereafter developed.
• In any case, 33REASONS is and will continue to be the owner or licensee of these rights as a result of which all Information is copyrighted under applicable copyright laws (and 33REASONS owns a copyright in the selection, coordination, arrangement and enhancement of such Information). In addition, all trademarks appearing on the OkiOki App are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Information which they make available on the OkiOki App.

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3. Prohibited use

• You acknowledge that the proprietary rights in the Information are owned by 33REASONS (or its licensees), and from this point of view, you may not modify, copy, sublicence, lease, sell, publish, transmit, adapt, enhance, (re)distribute, perform, reverse engineer, assign, disassemble, decompile, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Information, in whole or in part. When Information is downloaded to your device, you do not obtain any ownership interest in such Information. Modification of the Information or use of the Information for any other purpose, including, but not limited to, use of any Information in printed form or on any website, app or networked computer environment is strictly prohibited, unless you receive our prior written consent. You also need our prior written consent to make a hyperlink to our website and/or OkiOki App.
• You shall not undertake any action that imposes an unreasonable or disproportionately large load on the infrastructure of the OkiOki App (beyond the indicated limits) or that attempts to interfere with the proper working of the OkiOki App.
• You will not perform any action with the intention of damaging the OkiOki App through viruses, ‘worms’, defects, ‘Trojans’, ‘malware’, ‘spyware’ or items of a destructive nature.
• You will not use the OkiOki App in a manner that could harm a person or otherwise harm, defame, abuse, harass or threaten a person or encourage third parties to do so.
• You will not use the OkiOki App in a manner or for any purpose that is contrary to a law or other regulation (including, but not limited to Anti Money Laundering laws and regulations), or for a transfer of data that is or may be illegal, fraudulent, defamatory, intimidating, invasive or harmful to the privacy of third parties, or contains viruses, or violates or may violate the intellectual property rights or other rights of 33REASONS, its licensors or other individuals or entities.
• You will not attempt to gain access to reserved or protected parts of the OkiOki App, to which you have not obtained explicit access.

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4. Limitation of warranties and liability

Please note the following important limitations of warranties and liability:

• The OkiOki App and the Information on the OkiOki App are solely intended to provide you assistance. You must be aware that 33REASONS nor any person acting on behalf of 33REASONS is responsible for the use you make of the OkiOki App and/or the Information. You are responsible for verifying, validating and confirming the services, as provided for in article 1.4 and to provide us sufficient input.
• Neither 33REASONS, nor any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the OkiOki App or any function contained therein will be uninterrupted or error-free, nor that all defects will be corrected. You use the OkiOki App at your own risk.
• 33REASONS will make reasonable efforts to keep the OkiOki App operational. However, certain technical difficulties or maintenance may result in temporary interruptions from time to time. 33REASONS reserves the right, periodically and at any time, with or without notice, to temporarily or permanently change or discontinue functions and features of the OkiOki App, and all of this without liability to you, for any interruption, change or termination of the OkiOki App or of any function or characteristic thereof.
• You understand, agree and accept that 33REASONS has no obligation to maintain, support, upgrade or update the OkiOki App, or to deliver any or any specific Information from the OkiOki App. 33REASONS and / or the owners of any Information may remove such Information from time to time without prior notice, to the extent permitted by applicable law. This component will be enforced to the extent permitted by applicable law.
• To the fullest extent permitted by law, 33REASONS shall also not be liable for, or provide guarantees or warranties towards the Users regarding:
• ~any damage resulting from technical problems encountered on the OkiOki App, notably because of viruses, interruption of service, third party websites and/or apps to which the OkiOki App links or which link to the OkiOki App;
• ~any damage caused to your IT infrastructure and any loss of information resulting from the downloading of elements of the OkiOki App. You are responsible to back up your data and information;
• ~any damage relating to your use of the OkiOki App, of which the main cause is a force majeure, facts or third parties which are not (solely and exclusively) under the control of 33REASONS;
• ~any damage resulting, insofar as the financial information section is concerned, from material errors in the data and information on the OkiOki App, and insofar the other sections are concerned, from any error in the data and information on the OkiOki App;
• ~any damage resulting from unclear documents, tickets, font which render readability impossible or difficult;
• ~any damage resulting from errors you commit when using the OkiOki App;
• ~ny damage resulting from your own assessment of the data and information on the OkiOki App;
• ~the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the OkiOki App and the related Information;
• ~the error-free and continuous use of the OkiOki App or its compatibility in combination with other hardware, software, systems or data;
• ~meeting the requirements or expectations of the User;
• ~the correctness, reliability and accuracy of the data stored.
• In the event of infringement or suspected infringement, 33REASONS is entitled to take all necessary measures, to block or delete data, to block access to the User and / or to suspend or terminate the license, without the User having any right to compensation.
• Without limiting the foregoing, and to the maximum extent permitted by applicable law, 33REASONS is not liable for delays, service interruption, and other issues inherent in the use of the Internet and electronic communications or other systems beyond 33REASONS’s reasonable control.
• These disclaimers apply to the fullest extent permitted by law. The duration of all legally required warranties, if any, is in any case limited to the legal warranty period.
• You expressly understand and agree that (to the fullest extent permitted by law) we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to lost profits, loss of business, loss of revenues, loss of data, any losses arising from or caused by the loss, interruption or corruption of data, etc. If you are dissatisfied with any portion of the OkiOki App, or with any of these Terms of Use, your sole and exclusive remedy is the discontinuation of your use of the OkiOki App.
• The User accepts that if one of its actions, intentionally and contrary to these Terms of Use, disrupts the functioning of the OkiOki App or damages the OkiOki App, it must fully compensate 33REASONS for all costs to repair the affected systems, as well as for all damage suffered, both directly and indirectly (including but not limited to loss of profit, turnover, loss of customers and goodwill) suffered by 33REASONS as a result of such acts. The User must at least indemnify 33REASONS against all losses, expenses and all possible damages of any kind arising from such acts.
• You agree that, to the extent permitted by applicable law, your sole and exclusive means for any problem or dissatisfaction with the OkiOki App is to delete your account and to stop using the OkiOki App.

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5. Information provided through the okioki app

• The OkiOki App may contain information (including personalized tips) intended to inform the User on specific aspects relating to its functioning or the User’s rights or obligations with regard to accounting or tax obligations.
• The documents and information included in the OkiOki App and our website are for general information purposes only. The information provided by us is generic and not intended to be a substitute for professional advice or judgment, which could only be given by a professional advisor.
• While we strive to provide the OkiOki App with as accurate information as possible, we do not guarantee the accuracy nor their exhaustiveness of the information provided in the OkiOki App or and it will not be liable for any loss relating to the information provided in the OkiOki App or our website.
• If you notice an error or omission regarding the information presented on the OkiOki App or our website, you may inform us by email at hello@33reasons.be. However, we specify that it is under no circumstances required to modify this content in such a case.

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6. Links to third party websites and/or applications

• 33REASONS may provide different types of links to other (third party) websites and/or applications which are not owned, controlled or operated in whole or in part by 33REASONS. The links to any such third-party websites and/or applications are provided for your convenience and information only.
• The content in any of these third-party websites or applications is not under our control, and if you decide to access any such website or application, you do so entirely at your own risk. The fact that we provide a link to a third-party website or application does not necessarily mean that we endorse, authorize or sponsor any such website or application or that it is affiliated with such third party. Any mention of a third party’s products or services which is provided for your convenience and information purposes only does not constitute an endorsement nor a recommendation of such products or services by us.
• Furthermore, websites or applications owned, controlled or operated in whole or in part by third parties may provide links to our website and/or applications. In principle, such a link can not be provided without the prior written consent of 33REASONS. However, even when consenting, 33REASONS does not have the possibility to examine the content of these websites and/or applications and has no influence or say whatsoever in the content or other characteristics of these websites and/or applications.
• If you use the OkiOki App on a device and/or platform of a third party, you are also bound by the general conditions of use/terms and conditions of that third party when using the OkiOki App. You confirm that you have taken note of such general conditions of use/terms and conditions and that you accept them. If this is not the case, you will not be allowed to use the OkiOki App.

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7. Indemnification

• You agree to indemnify, hold harmless and, at our option, defend 33REASONS, and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney and legal fees and expenses) arising from your improper use of the OkiOki App, your violation of these Terms of Use, or your infringement, or the infringement or use by any other user of your account in relation with the OkiOki App.

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8. Duration and termination

• These Terms of Use are entered into for an unlimited term and will continue to apply until terminated by you or 33REASONS. 33REASONS may terminate or suspend your access to the OkiOki App at any time, with one month prior notice to you. You may close your account and terminate the use of the OkiOki App at any time, with immediate effect. Unless otherwise required by law, no subscription will be refunded for this reason, and you will remain liable for the amounts due for the paid services provided.
• Without prejudice to its other rights available by law or under the Terms of Use, 33REASONS may at its own discretion either terminate the agreement with immediate effect or suspend the agreement, deny or restrict your access to the OkiOki App and/or the account at any time if you breach these Terms of Use, including in the event of your actual or suspected unauthorized use of the OkiOki App and / or Information. If you or 33REASONS terminates the use of the OkiOki App, or if 33REASONS suspends your access to the OkiOki App, you agree that 33REASONS will have no liability or responsibility to you.
• This component will be enforced to the extent permitted by applicable law.

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9. Data

• 33REASONS shall implement appropriate technical and organizational measures to protect the the User’s data against unauthorized or unlawful processing and accidental loss or damage.
• 33REASONS and the User shall comply with all relevant laws and regulations regarding the protection of personal data. We will only use the personal data of the Users for the purposes for which we have this data at our disposal, and in a manner that is in accordance with these Terms of Use and our Privacy Statement.

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10. Severability

• If any provision of these Terms of Use shall be held to be invalid or unenforceable, the remainder of the Terms of Use shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable law.

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11. Governing law and jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law.
• You agree that any action at law or in equity arising out of or relating to your use of the OkiOki App or these Terms of Use shall be filed only before the Courts of Leuven (Belgium) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.

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