GENERAL TERMS AND CONDITIONS CAREUP
This End User License Agreement (“Agreement”) is between you and TripleMotion Media B.V. and applies to the use of this game. The Game may be used by you as a user (“User”) via Mobile App (“Mobile App”) or via a Browser. By using or installing the product, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree to the terms and conditions of this Agreement, you have no right to use, install, or operate the product.

Your use of the product (as defined below) services offered herein are subject to the Privacy Statement (“Privacy Statement”) https://careup.online/privacy-verklaring/en the Terms of Use of TripleMotion Media B.V. https://careup.online/gebruiksvoorwaarden/. This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (whether a person or an entity), (the “Licensee”), and TripleMotion Media B.V. (address: 1e Energieweg 13, 9301 LK, Roden), regarding the game titled CareUp (the “Game”) and the related software that you choose to download, have downloaded or otherwise obtain through the services of TripleMotion Media B.V. or through a network in the form of object codes, including without limitation (a) the entire contents of the files or other media in connection with which this Agreement is provided to you by the Licensor (the “Software”), (b) all subsequent upgrades, revisions, patches, enhancements, modifications, copies, additions, or maintenance versions of the Software, if any, licensed to you by TripleMotion Media B.V. (collectively, the “Updates”) provided that the Updates do not include new later versions of the Software, or that the Game carries a new title or a number in the title such as 2.0 or 3.0 (“New Releases”) but include any minor revisions to the Software or the Game version that may be indicated by a change in the decimal digit, such as 2.5 or 2.6, and (c) related user documentation and explanatory materials or files provided in writing, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”). You are bound by the terms and conditions of this End User License Agreement, regardless of whether you access or obtain the Product directly from TripleMotion Media B.V. or from any other source. For purposes hereof, “you” means the person who installs or uses the Product on his own behalf.

BEFORE YOU CLICK ON THE “I AGREE” BUTTON, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. YOUR CLICK OF THE “I AGREE” BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU SIGNIFY THAT YOU ARE BOUND AND BECOME A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE, AS ELSEWHERE IN WRITTEN NEGOTIATIONS IN ACCORDANCE WITH SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. THIS PRODUCT CANNOT BE INSTALLED ON YOUR COMPUTER UNLESS YOU AGREE TO THE TERMS OF THIS AGREEMENT. YOU MAY ALSO OBTAIN A COPY OF THIS AGREEMENT BY CONTACTING AMBINEX OPLEIDINGEN B.V. BY: INFO@CAREUP.NL.

By installing the Product (client) and/or completing the associated registration and accessing the Game, downloading, storing, loading, installing, running, displaying, copying to a computer’s memory or otherwise benefiting from using the Product’s functionality in accordance with the Documentation (“Operation”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, TripleMotion Media B.V. is not willing to license you the Product. In such cases, you must not operate or use the product in any manner.

To ensure that CareUp provides the best possible experience for everyone, we have a tolerance policy for offensive content. If you see inappropriate content, use the “Report as abusive” feature in every message.

ARTICLE 1: PROPERTY RIGHTS AND NON-DISCLOSURE
1.1. Proprietary Rights

You agree that the product and the authorship, systems, ideas, practices, documentation and other information contained in the product, intellectual property and/or the valuable trade secrets of TripleMotion Media B.V. or its suppliers and/or licensors are and protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Netherlands, other countries and international treaties. You may use trademarks only for the purpose of identifying printed outputs produced by the product in accordance with accepted trademark practices, including identification of the name of the trademark owner. Such use of a trademark does not give you any ownership rights in that trademark. TripleMotion Media B.V. and/or its suppliers own and retain all right, title and interest in and to the product, including without limitation error corrections, improvements or other modifications to the Software, whether made by TripleMotion Media B.V. or a third party, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Product does not transfer title to the intellectual property of the Product, and you do not acquire any rights in the Product except as expressly set forth in this Agreement. All copies of the product made hereunder must include the same proprietary notices that appear on and in the product. Except as provided herein, this Agreement does not grant you any intellectual property rights in the product and you acknowledge that the License, as further defined herein, granted under this Agreement gives you a right of limited use only under the terms of this Agreement. TripleMotion Media B.V. reserves all rights not expressly granted to you in this Agreement.

1.2. Source.

You acknowledge that the source code for the Product is owned by TripleMotion Media B.V. or its suppliers and/or licensors and constitutes trade secrets of TripleMotion Media B.V. or its suppliers and/or licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Product in any way.

1.3. Confidential Information.

You agree that, except as otherwise specifically provided herein, the Product, including the specific design and structure of individual programs and the Product, constitutes confidential proprietary information of TripleMotion Media B.V. or its suppliers and/or licensors. You agree not to transfer, copy, disclose, make available, or otherwise make available to any third party any such confidential information in any form. You agree to use reasonable security measures to protect such confidential information, provided, however, that you may make and distribute unlimited copies of the Product in object code for as long as each copy you create and distribute contains this Agreement, subject to the end-user’s acceptance before the first use and the same copyright and other proprietary notices relating to the Product that appear in the Product. If you download the Software from the Internet or similar online source, you must include the copyright notices that are resident in the Software in each online distribution and on any medium that you distribute that contains the Software.

1.4. No changes.

You agree not to modify or modify the product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copy of the Product.

1.5. Logs and stores files.

Crash dumps, game logs, registry strings, replay tracks, data saving, screenshots, and other game-generated information may contain confidential and personal user information such as: email (login), list of processes launched, OS usernames and login, user file and hardware information, IPs, and others. The user must take care of this data and not share it with anyone or do so at his own risk.

1.6. Prohibited Uses.

You agree that you will not:

a). Engage in any act that TripleMotion Media B.V. deems in its reasonable judgment to be contrary to the spirit or intended use of the products and related service, including but not limited to circumventing or manipulating this Agreement, game rules, game mechanics or policies;

b). Make improper use of the Product of TripleMotion Media B.V.

c). Use the product to, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

d). Use of cheats, exploits, automation software, bots, hacks, mods or other unauthorized third-party software designed to modify or disrupt the product or any AmbiNex Opleidingen B.V. gaming experience;

e). Interfere with, overburden, or assist or assist in the disruption or overload of (1) any computer or server used to provide or support the Product, Game, and related Services, TripleMotion Media B.V. Site or any TripleMotion Media B.V. game environment (each, a “Server”); or (2) the enjoyment of the Product by another person;

f). Initiation, assistance, or involvement in any type of attack, including but not limited to distribution of a virus, denial of service attacks on the product or game environment, or other attempts to interfere with the related service; or

g). Use the product to publish information that is abusive, threatening, obscene, defamatory, defamatory, or racially, sexually, religiously, or otherwise objectionable or objectionable;

h). Use the product to post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

i). Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, privacy rights, right of publicity or other rights of any person or entity or impersonate any other person, including but not limited to an TripleMotion Media B.V. employee;

j). Use the Product or any portion thereof for any commercial purpose, including but not limited to (1) communicating or facilitating commercial advertisements or solicitations, or (2) collecting or transferring virtual items for sale; k). Use the Product or any part thereof to perform in-game services, such as leveling, crew leveling and collecting items, performing missions, fighting in combat in exchange for payment outside the service;

k). Use the Product or any part thereof to perform in-game services, such as leveling, crew leveling and item collecting, performing missions, fighting in combat in exchange for payment outside the service;

l). Use the product to transmit unauthorized communications, including but not limited to junk mail, chain letters, spam, and any materials that promote malware, spyware, and downloadable items; and

m). Use, facilitate, create, or maintain any unauthorized connection to the Product, including but not limited to (1) any connection to an unauthorized server that emulates or attempts to emulate any portion of the Product; or (2) any connection using any programs, tools, or software not expressly approved by TripleMotion Media B.V.;

n). Creates nicknames & usernames with names of all terrorists, Nazi leaders, Nazi war criminals or references to them.

ARTICLE 2: GRANTING OF A LIMITED LICENSE
2.1. License.

TripleMotion Media B.V. grant you the non-exclusive and non-transferable limited license to store, load, install, run, and display (at “Use”) the specified version of the Software on a certain number of computers or other electronic devices for which the software is designed (each, a “Client Device”) according to terms and conditions specified in the applicable billing or packaging for the product (“License”) and you hereby agree and accept this License as follows: License for personal use. The product is licensed to you under personal use. Licenses follow the terms of this Agreement, and the Privacy Policy. You may use one (1) copy of the specified version of the product, for personal use only, on multiple client devices. “Personal Use” means personal non-commercial use and excludes all commercial purposes, including without limitation: advertising marketing and promotional materials/services on behalf of an actual customer, employer, employee, or for your own benefit, any products that are commercially distributed, whether for a fee or not, any materials or services for sale or for which fees or charges are paid

2.2. Dual Media product; Multiple copies; Bundles.

The product that is installed corresponds to the number of licenses you have obtained from AmbiNex Opleidingen B.V. Each license purchased entitles you to install and use the product on multiple client devices. You may not rent, bundle with other products or materials, lease, lend the Product, regardless of whether you use the Product or not without the written permission of AmbiNex Opleidingen B.V.

2.3. Term and Termination.

The term of this Agreement (“Term”) begins when you download or install the product (whichever is earlier) and will continue, unless otherwise terminated, in perpetuity or for the term specified in the license granted hereunder. TripleMotion Media B.V. may terminate this Agreement by offering you a replacement Agreement for the Product or a replacement, modified or improved version of the Product. Release of your acceptance of such substitute agreement. TripleMotion Media B.V. may terminate the Agreement immediately and without notice if you fail to comply with any of your obligations or the terms of this Agreement. Without prejudice to any other rights, this Agreement will automatically terminate if you fail to comply with any of the obligations or other requirements described herein. Upon expiration of this Agreement, you must immediately cease use of the Product and destroy all copies of the Product.

2.4. No rights upon termination.

Upon termination of this Agreement, you will no longer be authorized to use the product in any manner.

2.5. General.

You expressly agree that each of the terms and conditions of this Section 2 are material and that failure to comply with these terms and conditions shall be sufficient reason for TripleMotion Media B.V. to immediately terminate this Agreement and the License granted.

ARTICLE 3: RESTRICTIONS
3.1. No Transfers.

Under no circumstances may you sell, loan, rent, lease, license, sublicense, publish, display, distribute, or otherwise transfer the product, any copy or use thereof, in whole or in part, to any third party without the prior written consent of TripleMotion Media B.V.. You may only permanently transfer this Agreement to any other person or entity, provided that a) you transfer this Agreement, the Product, all accompanying printed materials, and any other software or hardware bundled or pre-installed with the Product, including all copies and prior versions, to the person or entity; b) not retain any copies, including backups and copies stored on a client device; and c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions to which you have lawfully licensed the Product. notwithstanding the foregoing, you may not transfer any educational, pre-release, or “not for resale” copies of the Product. Under no circumstances may you permit any third party to use the Product or the functionality of the Product through timesharing, service bureau, or any other arrangement, except to the extent that such use is specified in the list of application prices, purchase order, or product packaging for the Product.

3.2. Forbidden.

Except as otherwise expressly provided in this Agreement, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise convert any portion of the Product into a human-readable form or transfer the licensed product or any portion of the licensed product or any portion of the licensed product, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Notwithstanding the preceding sentence, decompilation of the Software is permitted to the extent that the laws of your jurisdiction grant you the unavoidable right to do so in order to obtain the information necessary to make the Software interoperable with other software; provided that you must first request this information from TripleMotion Media B.V. and TripleMotion Media B.V. may, in its sole discretion, determine to provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including reasonable compensation, on such use of the Software to ensure that TripleMotion Media B.V.’s and its suppliers and/or license rights ownership rights in the Software are protected. You may not modify or modify the Product. produce derivative works based in whole or in part. Any such unauthorized use will result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution. The binary code or the source code of the Product may not be used or otherwise modified to replicate the proprietary programming algorithm without written permission from TripleMotion Media B.V. All rights not expressly granted here are reserved by TripleMotion Media B.V. and/or its suppliers and licensors, as applicable.

3.3. Own notices and copies. You may not remove any proprietary notices or labels from the Product. You may not copy the product except as expressly permitted in Part 2 above.

3.4. No transfer of rights.

Except as specifically provided herein, you may not transfer or assign any of the rights granted to you by this Agreement to anyone else.

3.5. Compliance with the law.

You agree that when using the product and when using any reports or information derived as a result of the use of this product, you will comply with all applicable international, national, regional, and local laws and regulations, including, without limitation, privacy, copyright, export control, and obscenity laws.

3.6. Indemnification. You agree to defend and hold harmless TripleMotion Media B.V. and its respective officers, directors, employees, agents, successors, and assigns from and against any and all losses, obligations, damages, and claims, and all related expenses (including reasonable legal costs and expenses and costs of investigation, litigation, settlement, judgment, interest, and penalties) and costs related to, arising out of, or in connection with any claim of a third party relating to, arising out of or in connection with the actual or alleged infringement: (i) infringement by Licensee (except where such infringement is attributable solely to Product) of any third party’s intellectual property and/or proprietary right, including but not limited to, patent, trademark, copyright, trade secret, publicity, and/or privacy, (ii) personal injury (including death) or property damage resulting from the gross negligence or willful misconduct of Licensee, and/or (iii) Licensee’s breach of any of its representations, warranties, obligations, and/or covenants set forth herein.

3.7. Additional protection measures.

For the sole purpose of preventing unlicensed use of the Product, the software may install on your computer technological measures designed to prevent unlicensed use, and TripleMotion Media B.V. may use this technology to confirm that you have a licensed copy of the Product. TripleMotion Media B.V. does not collect any personally identifiable information from your computer during this process.

3.8. Agreement suspension.

TripleMotion Media B.V. may restrict, suspend, terminate, modify or delete accounts if you, or TripleMotion Media B.V., suspect that you are not complying with the Agreement or any actual or suspected illegal or improper use of the product, with or without notice to you. You can lose your username and persona if you do. As a result of deleting or restricting your account, as well as benefits, privileges, earned items and purchased items associated with the product and/or the game. TripleMotion Media B.V. is not liable to compensate you for any such losses or results.

3.9. Your guarantees.

YOU HEREBY WARRANT THAT:

(i) ALL INFORMATION PROVIDED BY YOU TO TRIPLEMOTION MEDIA B.V. IN CONNECTION WITH THIS AGREEMENT IS TRUE AND ACCURATE.

(ii) YOU HAVE FULL AUTHORITY TO ENTER INTO THIS AGREEMENT;

(iii) YOU MUST PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS AGREEMENT IN ACCORDANCE WITH APPLICABLE LAWS.

ARTICLE 4: NO WARRANTY AND DISCLAIMER
4.1. Customer Assistance.

TripleMotion Media B.V. and the suppliers’ entire liability and your exclusive remedy for any breach of the foregoing warranty shall be with TripleMotion Media B.V. options:

(i) refund of the purchase price paid for the license granted hereunder, or

(ii) correction of the defects, “errors” or errors within a reasonable time.

This limited warranty is void if the defect is the result of accident, abuse, or misapplication.

4.2. No implied or other warranties.

Except for the foregoing limited warranty and for any warranty, condition, representation, or term to the extent that it cannot or may not be excluded or limited by law applicable to you in your jurisdiction, the product is provided “as is” without warranty of any kind, and TripleMotion Media B.V. makes no promises, responsibilities, or warranties, whether express or implied by statute, common law, customs, usage or otherwise, relating to or in connection with the product or its contents or to any other material supplied or provided to you in this Agreement or otherwise. You assume all risks and responsibilities for the use of the product to achieve your intended results and for the installation of, use of, and results obtained from the product. TripleMotion Media B.V. makes no warranty that the product will be error-free or free from interruption or failure, or that it will be compatible with any particular hardware or software. To the maximum extent permitted by applicable law, TripleMotion Media B.V. disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, non-infringement of third party rights, integration, satisfactory quality, or fitness for any particular purpose with respect to the product and its accompanying written materials or the use thereof. Some jurisdictions do not allow limitations on tacit yielding warranties, so the above limitation may not apply to you. You hereby acknowledge that the product is unavailable or may become unavailable due to a number of factors including, without limitation, periodic system maintenance, scheduled or unscheduled, acts of god, technical failure in the software, telecommunications infrastructure, or delay or disruption permissible to viruses, denial of service attacks, increased or fluctuating demand, and third-party actions and omissions. Therefore, TripleMotion Media B.V. expressly disclaims any express or implied warranty with respect to the system and/or availability, accessibility or performance of software. TripleMotion Media B.V. disclaims any and all liability for the loss of data during communication and any liability arising from or in connection with any failure by TripleMotion Media B.V. to provide accurate or complete information to you.

4.3. Limitation of Liability; No liability for consequential damages.

You accept the entire cost of damages resulting from your use of the product and the information contained in the product, or the interaction (or failure to properly interact) with any other hardware or software provided by TripleMotion Media B.V. or any third party. To the maximum extent permitted by applicable law, in no event shall TipleMotion Media B.V.’s suppliers or TripleMotion Media B.V.’s be liable for damages (including, without limitation, damages for loss of profits, loss of business information, loss of goodwill, work stoppage, hardware or software failure, forgery or malfunction, repair costs, time value or other loss survey) arising out of the use or inability to use the product, or the incompatibility of the product with any hardware, software, or use, even if such party has been advised of the possibility of such damages. In no event shall TripleMotion Media B.V.’s total liability to you for all damages in any or more cause of action, whether in contract, tort or otherwise, exceed the amount paid by you for the product. This limitation of liability does not apply to liability for death or personal injury in the sense that applicable law prohibits such limitation. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

ARTICLE 5: YOUR INFORMATION AND THAT OF TRIPLEMOTION MEDIA B.V.
Privacy Policy 5.1. Privacy policy.

You hereby expressly consent to TripleMotion Media B.V.’s processing of your personal data (which may be collected by TripleMotion Media B.V. or its distributors) according to TripleMotion Media B.V.’s current privacy policy as of the date of its effectiveness incorporated into this Agreement by reference (see Privacy Statement (https://careup.online/privacy-verklaring/)) By entering into this Agreement, you agree that TripleMotion Media B.V. may collect and store information about you, including your name, email address, and credit card information. TripleMotion Media B.V. employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information necessary to perform their functions but are not allowed to use it for any other purpose. The TripleMotion Media B.V. publishes a privacy policy on its website and may change this policy from time to time at its sole discretion. You should consult TripleMotion Media B.V.’s privacy policy before agreeing to this Agreement for a more detailed explanation of how your information will be stored and used by TripleMotion Media B.V. If “you” are an organization, you ensure that any member of your organization (including employees and contractors) about whom personal data may be provided to TripleMotion Media B.V., has given his or her explicit consent to the processing of such personal data by TripleMotion Media B.V.. Personal data is processed by TripleMotion Media B.V. or its distributors in the country where it was collected. The laws of such jurisdictions regarding the processing of personal data may be less or more stringent than the laws in your jurisdiction.

ARTICLE 6: SUBSCRIPTIONS AND CANCELLATION

6.1 Duration and extension
CareUp works with a continuous monthly subscription, which is automatically renewed per billing period (usually per calendar month), unless it is canceled by the user in a timely manner.

6.2 Start of the subscription
The subscription starts the moment the first payment is completed. From that moment on, the user will have access to the service for the duration of the current subscription period.

6.3 Termination by the User
The user is responsible for cancelling the subscription in a timely manner. Cancellation can be done at any time, via the user portal or in writing by e-mail to info@careup.online. A cancellation is only final once the user has received a confirmation of cancellation from CareUp. Without notice, the payment obligation remains.

6.4 Term of notice
A cancellation is valid from the next new subscription period. There will be no (partial) refund of periods already paid, even in the event of non-use of the service.

6.5 No Refunds for Non-Use
Non-use of CareUp, or only limited use of the platform’s features, does not entitle you to a reduction in costs or reimbursement. The user always has the option to cancel the subscription.

6.6 Termination by CareUp
CareUp reserves the right to terminate the subscription (temporarily or permanently) in the event of abuse, violation of these terms and conditions or payment problems.

6.7 Proof of agreement
By subscribing to a subscription, the user confirms that he/she has read and accepted these general terms and conditions, including the ongoing nature of the subscription.

ARTICLE 7: MISCELLANEOUS
7.1. Governing Law; Jurisdiction and Venue.

This EULA and any dispute, claim, or obligation (contractual or non-contractual) arising out of or relating to its subject matter or formation shall be governed by the laws of the Netherlands, unless otherwise required by the laws of the country. where the user has his habitual residence.

7.2. Period for bringing actions.

No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party more than one (1) year after the cause of action occurred, or is determined to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable legal period.

7.3. Entire Agreement; Severability; No waiver.

This Agreement is the entire agreement between you and all prior prior agreements, proposals, communications or advertising, whether oral or written, relating to the product or subject matter of this Agreement, provided that TripleMotion Media B.V. and you may limit, modify, limit, modify, modify the applicability of the terms of this Agreement, by any earlier, contemporaneous or later written agreement by referring to this Section 7.3 of the Agreement and expressly provide for such limitation, modification or modification. You acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, invalid or unenforceable, for any reason, in whole or in part, such provision shall be construed more narrowly so as to become legal and enforceable, and the entire agreement shall not fail as a result and the validity of the Agreement shall remain in full force and effect to the fullest extent permitted by law. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, contemporaneous or subsequent breach and no waiver shall be effective unless made in writing.

7.4. Contact Information. If you have any questions about this Agreement or if you wish to contact TripleMotion MediaB.V. for any reason, please contact our customer service info@careup.online.

Latest version update: 1-06-2025