1.1. The following terms, used in singular or plural form, have the following meanings:

Agreement: The agreement between Donkey Mobile and the Church for access to and use of the platform. The Agreement is entered into by signing.

App: A mobile application, developed and maintained by Donkey Mobile for the Church using the platform, as further described on the Website and in the Donkey Mobile specification document.

App Store: The online stores for downloading and purchasing apps, as provided by the respective mobile operating systems.

Services: Making available, publishing, using, and updating the app for the functionalities as described in the Donkey Mobile specification document.

Donkey Mobile: The trade name of Donkey Mobile B.V.

End user: Natural person who will ultimately use the app.

Content: All content uploaded to the App by the Church or end users.

Intellectual property rights: All intellectual property rights, licenses, and associated rights relating to the services, the app, and the Donkey Mobile Platform.

Church: The ecclesiastical legal entity or organization entering into the Agreement with Donkey Mobile.

License: The subscription that the Church concludes, enabling the Church to publish its app in one of the supported app stores.

Mobile operating system: A mobile operating system is an operating system for mobile devices, provided by (but not limited to) Apple Computer, Inc. ('Apple' - iOS), Google Inc. ('Google' - Android).

Parties: Church and Donkey Mobile.

Personal data: All data directly or indirectly relating to a natural person and data relating to the Church.

Platform: The online system of Donkey Mobile that enables churches to place a high-quality app in the app store.

Pricing document: The costs for the services and license of Donkey Mobile, in whatever way or form, as stated in the pricing document.

Privacy statement: Donkey Mobile's privacy statement.

2.1. These General Terms and Conditions apply to the Agreement, the use of and access to the platform by the Church, and all transactions between the Parties.

2.2. Donkey Mobile has the right to modify these general terms and conditions. The church will be notified of a change by email. The modified general terms and conditions apply to ongoing agreements. If a church does not agree, this must be communicated to Donkey Mobile within one month after notification. If the Church does not agree to changes and revisions, the exclusive remedy of the Church is to no longer use the platform and terminate the agreement.

2.3. If a provision in these General Terms and Conditions is (partially) declared null and void or unenforceable, all other provisions of these General Terms and Conditions remain fully effective. In such a case, Donkey Mobile will replace the null and void or unenforceable provisions. The purpose and meaning of the null and void or unenforceable provisions will be taken into account as much as possible.

2.4. Any purchasing conditions applied by the Church are not accepted by Donkey Mobile and are considered rejected by accepting these general terms and conditions.

2.5. Changes and revisions to the Agreement are valid once expressly confirmed in writing by Donkey Mobile.

2.6. If any provision of the General Terms and Conditions conflicts with one or more provisions of the Agreement, the provisions of these General Terms and Conditions prevail unless expressly agreed otherwise.

3.1. Donkey Mobile grants the Church a non-exclusive, non-transferable, limited right to access and use the platform, under the terms of these General Terms and Conditions and for the duration of the Agreement.

3.2. The Church may not publish the app in any other way than by using Donkey Mobile's services.

3.3. Use of the services is at the Church's own expense and risk. The Church is responsible for meeting the technical and functional requirements to access and use the platform.

3.4. Use of the app, including sending, distributing, and making the app available in various App Stores and other actions related to the app, by or on behalf of the church, mobile operating systems, and/or end users, is at the Church's own risk and responsibility.

3.5. Notwithstanding any other provisions of these General Terms and Conditions and obligations of the Church, the use of the platform, the App, and the Content may not:

Contain software such as viruses or Trojan horses that could damage, erase, make unavailable, or inaccessible Donkey Mobile's or end users' computers or data,

Circumvent technical security measures of Donkey Mobile's systems or third parties,

Involve unreasonable or disproportionate use of Donkey Mobile's or third parties' infrastructure,

Hinder the functionality or functionalities of the platform,

Involve manual or automated software, devices, or other processes to 'crawl,' 'spin,' or scrape the content of the platform,

Contain forms of unauthorized or unsolicited advertising, junk, spam, bulk email, scams, and/or phishing,

Infringe on intellectual property rights, privacy rights, or other rights of Donkey Mobile or third parties,

Involve pornography in any form, bestiality, or other unlawful erotic content or actions related to it,

Advertise or provide instructions or information on how to engage in illegal behavior, commit illegal activities, or promote physical harm or injury,

Involve illegal activities or activities contrary to morals or public order,

Contain false or misleading information,

Otherwise engage in inappropriate use,

Violate these General Terms and Conditions or the Agreement; and/or are in any way unlawful,

Infringe on the App Stores' terms and conditions.

3.6. The Church guarantees to refrain from the actions mentioned in Article 3.5.

3.7. The Content may contain information derived from and/or refer to third-party websites, products, or services. Donkey Mobile is not responsible or liable for the content of such information.

3.8. The Church acknowledges and agrees that Donkey Mobile does not perform pre-screening or have influence over the Content, the App, or the Church's use of the platform, unless expressly agreed otherwise.

3.9. The Church understands that Donkey Mobile uses external suppliers and hosting partners to provide the necessary hardware, software, networks, storage, and related technology required to offer the platform.

3.10. Donkey Mobile has the right, at its discretion, to review, restrict, refuse, or remove Content and/or Apps and/or to limit or refuse a Church's use of the platform if the Content or the App violates these General Terms and Conditions according to Donkey Mobile.

4.1. The Church enters into the license from the moment the Apps are published in the various App Stores.

4.2. Prices and payment details, including license terms and payment terms, will be specified in the pricing document and/or on the Donkey Mobile website. Prices will be displayed in the currency specified in the pricing document or on the website and are always exclusive of VAT, import duties, and any other government-imposed taxes, duties, and levies (where applicable).

4.3. The Church is obligated to immediately inform Donkey Mobile of any inaccuracies in the offered proposal or described payment details, including the price. The church cannot legally bind Donkey Mobile to an offer for the Services if the church could reasonably have known (or should have known) that the offer and/or the price is an obvious mistake or obvious clerical error.

4.4. During the indicated validity period of the offer, the prices of services and/or applicable discounts will not be changed, except for any changes in tax rates and/or duties.

4.5. All payments for fees related to the services, made to Donkey Mobile, are non-refundable if the App is rejected or withdrawn by one or more App Stores of the supported mobile operating system.

4.6. The Church shall pay the amounts in accordance with the payment terms specified by Donkey Mobile.

4.7. If the Church fails to fulfill its payment obligations, User shall be liable for statutory interest under Article 6:119a BW, without prior written notice or default.

4.8. If the Church fails to fulfill its payment obligations, Donkey Mobile has the right to pass the claim on to a collection agency. In this case, the relevant collection costs will be charged to the church. (Partial) payments from the church, received after a collection agency has started collecting the user's debts, will first be considered collection costs. This does not affect Donkey Mobile's right to claim any incurred costs and (additional) damages.

4.9. If the User fails to fulfill its payment obligations or terminates its subscription to the Services, Donkey Mobile also has the right to suspend and/or remove the App from the relevant mobile App Stores, without any liability to the User.

5.1. Donkey Mobile publishes the app on behalf of the church using the church's own App Store account. For this purpose, the church agrees to provide Donkey Mobile with full access to the church's publishing accounts for the relevant mobile operating systems by providing Donkey Mobile with all necessary login credentials. These provided credentials will be treated as highly confidential by Donkey Mobile.

5.2. For support and maintenance, the church accepts that the App(s) will always be published in the Dutch App Store.

5.3. Donkey Mobile will make all reasonable efforts to have the App approved by the relevant App Stores.

5.4. Donkey Mobile cannot guarantee the approval of the app by the relevant mobile App Stores and is not responsible for it.

5.5. The church is solely responsible for securing and paying for all relevant copyright licenses required in connection with the content of the app.

6.1. Donkey Mobile reserves all rights not expressly granted to the Church. The Church acknowledges and agrees that - except where specifically addressed in these General Terms and Conditions - Donkey Mobile retains all rights, titles, and interests, including intellectual property rights, in the service and the app, as well as any modifications, adaptations, or translations thereof. The Church acknowledges and agrees that it does not acquire any rights therein, explicit or implicit, except the rights expressly granted under these General Terms and Conditions. The services are licensed, not sold.

6.2. The Church is not allowed to sell, rent, transfer, or sublicense the platform, or make it available to third parties in any way or for any purpose not explicitly stated in these General Terms and Conditions. The User also refrains from granting access to third parties - remotely or otherwise - to the platform or granting access to the platform to a third party without prior written consent from Donkey Mobile.

6.3. The User is expressly prohibited from downloading, copying, modifying, or making available for direct or indirect purposes in any form (parts of) Donkey Mobile's App, Platform, or other materials provided to the User through the services, other than the purposes mentioned in these General Terms and Conditions, without prior written consent from Donkey Mobile or if a mandatory or imperative legal provision dictates otherwise.

6.4. The Church is prohibited from reverse-engineering (parts of) the services, the platform, the app, or other materials provided to the User, to the extent legally permitted. In the event of reverse engineering permitted by a mandatory or imperative legal rule, the church may exercise this legal right only by requesting Donkey Mobile to provide the necessary information and not until Donkey Mobile fails to provide such information within a reasonable period.

6.5. Donkey Mobile is allowed to install technical measures to protect the Service and the platform regarding an agreed restriction of the content or the duration of the right to use it. The Church is not allowed to remove or circumvent such technical measures.

6.6. Donkey Mobile's obligation to provide the services, if any, and the Church's right to use them extend only to the object code of the services. Under no circumstances shall the User acquire any right, and Donkey Mobile is under no obligation to provide the source code or any provisional materials of the services offered.

6.7. In the event that Donkey Mobile provides third-party software or services, the terms and conditions of that third party may apply to the use of such software or services. The church guarantees acceptance and compliance with the terms and conditions of this third party. Donkey Mobile is not a party to such an agreement.

6.8. The Church retains all rights, titles, and interests, if any, including intellectual property rights, in the content of the app when completed and/or published. However, all rights to the programming code, the management system, and the services remain reserved by Donkey Mobile.

6.9. The Church is not allowed to remove, make unreadable, hide, or modify notices regarding Donkey Mobile's Intellectual Property Rights.

7.1. Optionally, a church provides personal data to Donkey Mobile. Personal data is stored and processed in accordance with the data processing agreement concluded when providing the personal data.

7.2. In the event that Donkey Mobile deems it necessary for the performance of the Agreement, the church will inform Donkey Mobile upon its first request and in writing about how the church complies with its obligations under the GDPR and/or other applicable data protection legislation.

7.3. Donkey Mobile will not process Personal Data except for the purpose for which the Personal Data was provided by the Church to Donkey Mobile.

7.4. Donkey Mobile will not share personal information of the church or end user with third parties unless Donkey Mobile has obtained permission from the Church and/or the End User or is legally obligated to do so.

7.5. The responsibility for storing Personal Data with Donkey Mobile by using the services lies solely with the church. The church guarantees that the content, use, and/or processing of the Personal Data is not unlawful and does not infringe on the rights of third parties.

8.1. Donkey Mobile guarantees that the services comply with the agreement, the specifications stated in the pricing document, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations that existed on the date the Agreement was concluded. However, Donkey Mobile does not guarantee that the Service will always be faultless, complete, or up-to-date.

8.2. Donkey Mobile cannot guarantee that the services or any part thereof will be accessible at all times and without interruptions or disruptions. Disruptions in the services may occur due to malfunctions beyond the control of Donkey Mobile. Donkey Mobile is not liable to the church for any damages, losses, or costs arising from or resulting from the (temporary) unavailability of the services, including but not limited to data loss or inability to access or use the services.

8.3. Donkey Mobile is entitled to modify and/or update the services and replace the design and layout of any of the functionalities of the services without prior notice and without being obligated to pay any compensation to the church.

8.4. Donkey Mobile is entitled to (temporarily) suspend the services and/or reduce their use with or without prior notice and without being obliged to any compensation to the church when Donkey Mobile deems it necessary, for reasonably required updates and maintenance of the services or due to force majeure. Force majeure includes - but is not limited to - construction or building blockades, strikes, riots, civil disruptions, war, terrorist attacks, severe weather, epidemics, specific work stoppages, delay in transportation, earthquake, fire, storm, flood or water damage, delay or cancellation of delivery to Donkey Mobile of parts, goods, or services ordered from third parties, or legal, statutory, or regulatory restrictions.

8.5. Donkey Mobile does not in any way guarantee that all terms and conditions applicable to third-party software or services - including but not limited to the terms and conditions of mobile operating systems or payment providers - allow the use of and/or interaction with the Service.

8.6. The church is responsible and liable for all use it makes of the services, including but not limited to the use by end users. The church indemnifies and holds Donkey Mobile harmless against all claims from third parties arising from or as a result of the church's use of the services, a breach by the church of these General Terms and Conditions, and/or any unlawful activities. This includes, without limitation, any activities that infringe on intellectual property rights or (other) rights of third parties.

9.1. The sole remedy of the church in case of attributable failure, unlawful acts by Donkey Mobile, or other cause of damage, is to cease using the services and/or delete its Account.

9.2. In the event that Donkey Mobile is liable for damages under a mandatory or compelling legal rule, the damages are limited to compensating direct damages up to a maximum amount per event equal to the amounts paid by the church during the month preceding the event (a series of related events is considered as one event). In no event shall the total liability of Donkey Mobile exceed an amount of EUR 1,000.

9.3. Donkey Mobile's liability for consequential damages arising out of or related to the Agreement or these General Terms and Conditions, such as (but not limited to) loss of profits, loss of business, loss of anticipated savings or any other similar financial loss, or loss of goodwill or reputation, or any other incidental, indirect, punitive, or exemplary damages of any kind, such as loss of data or errors in the App, whether or not the church informs Donkey Mobile of such potential injury, damage, or loss, is excluded. Additionally, Donkey Mobile's liability is excluded for payments or other costs or damages related to or caused by an App Store rejecting the App for publication, for any reason.

9.4. In any event, the user's right to claim damages, unlawful acts, or otherwise, under the Agreement and/or these General Terms and Conditions, expires after one (1) year from the incident giving rise to the claim or action.

9.5. The limitations mentioned in the preceding paragraphs of this article do not apply insofar as the damage or injury results from intentional acts or omissions or gross negligence by Donkey Mobile.

10.1. The Agreement may be terminated by the church at any time upon the expiration of the subscription period.

10.2. Upon termination by the church, a notice period of 3 months applies. During this notice period, the church acknowledges and accepts full payment obligations for all paid services provided during the notice period.

10.3. In addition to other remedies available to Donkey Mobile, Donkey Mobile has the right at all times and at its sole discretion, without prior written notice and without being liable to the church, to:

(temporarily) terminate the user account and usage of the services of an end user if Donkey Mobile deems it necessary at its sole discretion;

prohibit an end user from using the services and prevent banned end users from creating a new Account and/or delete Accounts created by prohibited end users; and/or

(partially) edit, delete, or refuse content or services within the services.

10.4. All provisions intended to survive the termination of the Agreement, including the prohibition to publish the App via means other than the Services, shall remain in effect after the termination of the Agreement.

10.5. Upon termination, the church's right to access and use the services shall immediately expire, without any right to compensation. Upon termination, Donkey Mobile is allowed to delete the church's account and remove its app from the relevant App Stores, without prior notice and without any liability to the church.

10.6. While Donkey Mobile is not obligated to assist the church in migrating its data, including the App or data in the app, after termination of the services, Donkey Mobile will make reasonable efforts to assist the church in migrating its data in such a case. Donkey Mobile does not retain backups of the app or the data in the app after termination of the agreement.