Terms of Service | BeadPainter

Terms of Service BeadPainter

Version 1.0 | Effective Date: December 30, 2025

Please review these Terms of Service (the: “Terms”) carefully, as they set forth legally binding terms and conditions between you (the User) and BeadPainter that govern your access and/or use of the website located at https://beadpainter.nl (the: “Website”); the App (as defined below), including Intellectual Property Rights (as defined below), whether such access and/or use is via the Website, the App(store), locally installed programs and/or (other) software and/or hardware devices.

By accessing and/or using the Service (as defined below), you (the User) agree to these Terms on behalf of yourself and any entity you represent and you represent and warrant that you are not a Prohibited Person (as defined below) and/or that you are not residing in a Excluded Jurisdiction (as defined below) and that you have the right and authority to do so. These Terms are available for download and print at https://beadpainter.nl/terms.

Definitions
1. In these Terms, the following terms, always capitalised and used in both singular and plural, shall have the following meanings:
  1. Account: means the user profile, which can be created by providing an email address, using anonymous authentication, or through any other method made available in the App or on the Website, which allows the User to access and use the App and the Service;
  2. Agreement: means the agreement between the Parties for the use of the Service, to which these Terms apply;
  3. App: means the application which BeadPainter makes available to the User indirectly through the Website, and directly through the Apple Appstore, as described on the Website and in the Documentation, and which forms part of the Service;
  4. App Content: means all text, graphics, images, videos, tutorials, 3D renderings, and other materials made available through the App or Website by BeadPainter. App Content does not include User Generated Content, unless otherwise expressly stated. All rights in and to App Content are owned by or licensed to BeadPainter;
  5. BeadPainter: means the sole proprietorship established under the laws of the Netherlands, BeadPainter, registered with the Dutch Chamber of Commerce under registration number 97281573;
  6. Commercial Use: means any use of User Generated Content, in whole or in part, intended for direct monetary gain, including but not limited to the sale or resale of physical and/or digital products incorporating the User Generated Content; licensing and/or sublicensing of the User Generated Content; use of the User Generated Content in advertising, promotional materials, and/or other commercial media; and offering of User Generated Content and/or paid distribution through online and/or offline marketplaces, platforms, and/or other commercial distribution channels;
  7. Confidential Information: means any and all information (in any form whatsoever) that is marked as confidential by BeadPainter, and all other information of which the User knows or reasonably should know that the information was intended as confidential. Confidential Information includes, but is not limited to, all information that (possibly) contains trade secrets within the meaning of the Trade Secrets Protection Act (in Dutch: “Wet Bescherming Bedrijfsgeheimen”, (parts of) the Service, and all technology, systems, equipment, codes, tools, techniques, routines, procedures and methodologies used with regards thereto, as well as BeadPainter’s business affairs, financial affairs, documentation, business plans, strategies, and technical operations. Any information that initially does not fall under the definition of Confidential Information can, at a later moment, become Confidential Information;
  8. Design: means any digital pattern, bead layout, template, file, or other user-created content produced using the App’s tools, whether exported, saved, shared, uploaded, marked private, made public, or deleted. A Design is a subset of User Generated Content;
  9. DIY Kit: means any physical crafting kit sold through the Website, either (a) custom-made based on a User’s uploaded Design, or (b) pre-designed using proprietary or licensed Designs owned or controlled by BeadPainter, and/or of which BeadPainter has the Intellectual Property Rights:
  10. Documentation: means the documentation as accessible at the Website, including but not limited to “FAQs”, as accessible at https://beadpainter.nl/FAQ, Shipping and Return Policy, as accessible at https://beadpainter.nl/return-policy, and the App’s page in the Apple Appstore, as accessible at https://apps.apple.com/us/app/beadpainter
  11. Excluded Jurisdiction: means Iran, North Korea, Syria, the People’s Republic of China and/or a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF’s listing of “High-risk and Other Monitored Jurisdictions” accessible at https://www.fatf-gafi.org/en/topics/high-risk-and-other-monitored-jurisdictions.html and/or a jurisdiction in which the App and/or Service would be subject of licensing;
  12. Features: means the Services’ current features, which can be updated by BeadPainter at any time, as described in the Documentation and/or on the Website;
  13. Governmental: means any nation or government, any state or other political subdivision thereof, any entity that exercises legislative, executive, judicial or administrative functions of or pertaining to government, including but not limited to any governmental agency, regulator, agency, department, council, committee or agency and any court, tribunal or arbitrator(s) with competent jurisdiction and any self-regulatory organisation, as well as private entities exercising quasi-governmental, regulatory or judicial functions anywhere in the world;
  14. Intellectual Property Rights: means all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, (rights to) trade secrets and know-how;
  15. Parties: means you/the User and BeadPainter;
  16. Personal Data: means any personal data as meant by article 4 paragraph 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”);
  17. Privacy Policy: means BeadPainter’s privacy policy, as available on https://beadpainter.nl/privacy;
  18. Prohibited Person: means any citizen, resident of, or person established or residing in any region, including Excluded Jurisdictions, where the use of the App and/or Service is prohibited, or any entity, including, but not limited to, any company or partnership incorporated or organised in or under the laws of any region, including Excluded Jurisdictions, where the use of the App and/or Service is prohibited;
  19. Service: means the provision of the Website and (Features of) the App, as described on the Website and in the Documentation;
  20. User: means the Party that concluded the Agreement with BeadPainter for the use of the Service;
  21. User Generated Content: means any data, materials, or works, including but not limited to Designs, bead patterns, and templates that are created within the App or Website by a User, or uploaded to the App or Website by a User (whether or not via external sources), whether or not such content is saved, shared, exported, marked private, or made public. This expressly does not include any payment data and/or security data;
  22. Website: means the website accessible at https://beadpainter.nl, including all associated subdomains, web pages, and all content, data, files, and resources made available through them (such as text, images, stylesheets, scripts, and other materials), which together form part of the Service.
General
1. The User will be prompted to accept the Terms before accessing and/or using the App.
2. These Terms shall apply to the Agreement and the Service. Any conditions of the User, such as general conditions, do not apply and are expressly rejected.
3. These Terms have been prepared in English and contain Dutch legal terms (which are quoted in inverted commas: “...”). These Terms may have been translated into other languages. In case of a dispute, the English version shall have precedence and must always be interpreted in accordance with the laws of the Netherlands. Thereto, amongst others, in these Terms:
  1. reference to any statute includes a reference to that statute as amended, extended or re-enacted and to any regulation, order, instrument or subordinate legislation under the relevant statute;
  2. reference to the singular includes a reference to the plural and vice versa;
  3. reference to “or” is not exclusive and “include” and “including” shall not be construed or read to be limiting;
  4. reference to a law or regulation includes any amendment or modification to such law or regulation and any further rules issued thereunder or any law or regulation in replacement therefor;
  5. references to a natural person or legal entity includes its successors or assigns, to the extent permitted under these Terms;
  6. any rights of either Party may be exercised at any time and from time to time unless specified otherwise in these Terms;
  7. reference to “written/in writing” in these Terms also refers to email communication, provided the identity of the sender and the integrity of the contents is adequately established;
  8. reference to an article or paragraph in these Terms shall be a reference to such an article or paragraph of the body of these Terms, and not to any attachment or other document, unless where explicitly provided otherwise;
  9. specific references in (the body of) these Terms to other parts of these Terms shall be without prejudice to the full general applicability of any unreferenced provision or part thereof;
  10. the headings of articles or paragraphs of these Terms are for ease of reference only and shall not affect the interpretation of the respective rights and obligations of the Parties and shall not form any part of these Terms for the purposes of construction;
  11. and the wording of these Terms shall be decisive in interpreting the mutual rights and obligations of the Parties under these Terms.
4. BeadPainter uses Apple’s standard End User License Agreement for the access to and use of BeadPainter’s mobile application, which can be downloaded via the Apple AppStore. In case of a conflict between (the provisions of) Apple’s End User License Agreement (“EULA”) and (the provisions of) these Terms, (the provisions of) Apple’s EULA shall prevail.
User Warranties
1. The User represents and warrants not to be a Prohibited Person and not to be residing in a Excluded Jurisdiction, and to be legally competent and is allowed to conclude the Agreement. If the User is, or becomes, a Prohibited Person and/or becomes residing in a Excluded Jurisdiction the User must immediately cease using the Service.
2. The User also represents and warrants that access to and use of the Services is lawful in the country where the User resides in the manner in which the User accesses and uses the Services.
3. The User is responsible for compliance with these Terms.
4. The User warrants not to misuse the Service. This means, among other things, that the User:
  1. has reached at least sixteen (16) calendar years of age;
  2. does not commit or encourage a criminal offence;
  3. does not (mis)use Confidential Information for purposes other than the purpose of the Agreement, including but not limited to using the Confidential Information for commercial purposes;
  4. does not modify or adapt (parts of) the Service or merge it into any other (computer) program, or create derivative works therefrom;
  5. does not engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities;
  6. does not copy, reproduce, republish, (attempt to) reverse-engineer, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Service, except as expressly permitted by applicable laws;
  7. does not decrypt, does not inspect and/or does not intercept SSL/TLS encrypted traffic, proxies, HTTP(S) Proxies, Man-in-the-Middle (MitM) Proxies, Web Debugging Proxies and/or Network Traffic Analyzers (when focused on HTTP/S);
  8. does not transmit or distribute any virus, trojan, worm, logic bomb or other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  9. does not use bots, scripts and/or other (automated) software to take advantage in or with the Service;
  10. does not hack any aspect of the Service, or other Users, damage data, or cause annoyance to other Users;
  11. does not infringe upon any Intellectual Property Rights;
  12. does not send unsolicited advertising or promotional material;
  13. does not attempt to affect the performance or functionality of any computer facility of or accessible through the Service;
  14. does not make any false, inaccurate, misleading or deceptive statements;
  15. does not engage in fraudulent conduct or misuse or attempt to misuse the Service;
  16. does not distribute content that violates any law;
  17. does not violate any privacy rights;
  18. does not pretend to be a user other than the User himself (when communicating with BeadPainter);
  19. does not violate any applicable laws or regulations;
  20. does not engage in defamatory or libellous conduct towards any other person;
  21. does not threaten or harass any other person;
  22. does not publish or participate in obscene material;
  23. does not publish, use or cause to be published or used any malicious code, script or data that may damage, disrupt or alter the Service;
  24. does not engage in conduct deemed contrary to the spirit of the Service; and/or
  25. does not act unlawful in any way whatsoever.
5. The User is prohibited from accessing and/or using the Service through a network for anonymous communication.
6. The User is fully responsible and liable for all actions the User performs using the Service.
7. The User is fully responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use (parts of) the Service. The risk of loss, theft or damage to any information and/or assets, including but not limited to designs, will at all times be borne by the User. In particular the User is responsible for the correct configuration, including but not limited to its hardware and Account, as stated on the Website and the Documentation.
8. The User is strictly prohibited from (mis)using (programming) errors in (Features of) the Service and to (mis)use these errors for personal and/or commercial gain. The User is obliged to report every detected (programming) error immediately to BeadPainter via .
9. The User indemnifies BeadPainter and holds BeadPainter harmless against any and all claims (of third parties) relating to or resulting from a breach of paragraphs 3.4, 3.7 and 3.8.
Service
1. BeadPainter hereby grants the User, under the suspensive (in Dutch: “opschortende”) and rescinding (in Dutch: “ontbindende”) conditions of these Terms, the right to access and use the Service under the conditions of these Terms.
2. BeadPainter shall make good faith efforts (in Dutch: “inspanningen te goeder trouw”) to allow the User to access and use the Service.
3. The User agrees that the Service is provided on an “as is” and “as available” basis. BeadPainter does not warrant that the Service will be error-free, complete or up-to-date at all times. BeadPainter does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet, and/or as a result of viruses and/or faults and/or defects.
4. The Service is still under development and may undergo significant changes over time. BeadPainter may make changes to such Features and specifications, all of which may mean that the Service no longer meets User’s initial expectations. User agrees to that.
5. The Service may fail to secure the critical involvement and cooperation of key participants. BeadPainter and/or the Service may face competition from other entities that have more capital or resources and offer a wider range of products and services that may outperform the Service. BeadPainter and/or the Service may be subject to third-party claims concerning Intellectual Property Rights or other (non-)contractual matters. In addition, (international) laws, regulations and/or rules applicable to technology industries, including but not limited to those relating to the App, may affect or limit the design, implementation and operation of the Service.
Pricing
1. The registration of an Account and the use of the Service is in principle free of charge, without prejudice to the provisions of this article.
2. All prices stated by BeadPainter are in euros (EUR/€) and including VAT, if applicable.
3. BeadPainter offers DIY Kits, which are available for purchase via the Website. Prices may vary per DIY Kit, as mentioned on the Website. BeadPainter may offer different subscription plans and other purchasable items (such as consumables or one-time purchases) for access to or use within the Service. Information about the pricing and features of these offerings is provided within the App, on the Website, and/or in the Documentation.
4. Subscriptions are managed via “Apple In-App Purchase” (“IAP”). The User agrees to electronic billing. Once the User subscribes to a subscription, the User will be charged for the payments due. This depends on the subscription chosen by the User, as described in the previous paragraph. If the payment succeeds, the User’s subscription on the Service starts.
5. The User will be recharged after the first payment for the payments due. This depends on the subscription chosen by the User, as described in paragraphs 5.3 and 5.4. If the payment is successful, the subscription will be continued. If the payment fails, the subscription is automatically terminated (in Dutch: “beëindigd”) so that the User can no longer make use of the paid subscription.
6. The payment terms mentioned in this article qualify as deadlines (in Dutch: “fatale termijnen”) in terms of article 6:81 and 6:83(a) of the Dutch Civil Code.
7. Directly after the User has paid for the subscription, BeadPainter will immediately start with the performance of the Agreement. The User consents to this now and then. This constitutes the supply of digital content, which will not be supplied on a tangible medium. Above all, the User already now declares that he hereby waives his right of rescission (in Dutch: “afstand doet van zijn recht op ontbinding en afstand doet van zijn herroepingsrecht”) of the Agreement in terms of article 6:230p(g) of the Dutch Civil Code.
8. Notwithstanding the previous paragraph, the User which is not a consumer has no right of rescission (in Dutch: “ontbinden” en “herroepen”) of the Agreement.
9. The User is not entitled to suspend (in Dutch: “opschorten”) any payments in terms of article 6:52 and/or 6:262 of the Dutch Civil Code.
10. The User is not entitled to set off (in Dutch: “verrekenen”) amounts due in terms of article 6:127 of the Dutch Civil Code.
11. Not (timely) fulfillment of a (payment) obligation by the User has the legal consequence that the User has no claim to the subscription on the Service until the moment that the User fulfills its (payment) obligations, corrects his shortcomings and BeadPainter subsequently explicitly confirms at which moment the User has a claim to the subscription on the Service. As long as the User does not have a claim to the subscription on the Service, the User is not allowed to access and/or use paid parts of the Service and/or letting others access and/or use paid parts of the Service. Moreover, BeadPainter is entitled to suspend (in Dutch: “opschorten”) fulfillment of its obligations and the User is in default by operation of law (in Dutch: “van rechtswege in verzuim”). In the event of not (timely) fulfillment of a payment obligation, the User will owe statutory commercial interest on the amounts due on the basis of article 6:119a of the Dutch Civil Code. If the User is a consumer, article 6:119 of the Dutch Civil Code shall apply instead of article 6:119a of the Dutch Civil Code.
12. In the event of late payment, the User shall, without notice of default being required, in addition to the amount due and the statutory commercial interest thereon, be liable for full compensation of both extrajudicial and judicial (collection) costs, including, but not limited to, costs for collection agencies, lawyers and bailiffs. The extrajudicial (collection) costs will be calculated according to the “Staffel Buitengerechtelijke Incassokosten” (BIK), which can be consulted at https://www.rechtspraak.nl/Voor-advocaten-en-juristen/Reglementen-procedures-en-formulieren/Civiel/tarieven-kosten-vergoedingen/Paginas/Staffel-Buitengerechtelijke-Incassokosten.aspx, unless the actual extrajudicial (collection) costs incurred are higher. In the latter case, BeadPainter is entitled to charge the User for the actual out-of-court (collection) costs incurred. The last sentence does not apply if the User is a consumer.
13. In the event that BeadPainter has suspended its obligations because the User has not paid on time, BeadPainter is entitled, in addition to the full claim(s), to an additional amount to restart work, such as costs for (re)providing the Service.
14. In the event of liquidation, (application for) suspension of payments or bankruptcy, debt restructuring or any other circumstance as a result of which the User can no longer freely dispose of its assets, BeadPainter shall be entitled, without prejudice to its other contractual and/or statutory rights, to terminate the Agreement with immediate effect, without incurring any obligation on the part of BeadPainter, such as the obligation to pay damages. BeadPainter’s claims against the User shall become immediately due and payable in these cases.
15. BeadPainter reserves the right to set off (in Dutch: “verrekenen”) outstanding claims that BeadPainter has on the User against all outstanding claims that the User has on BeadPainter, regardless of the reciprocity and/or (dis)similarity of the claims.
16. BeadPainter expressly reserves the right to index the pricing and fees mentioned in this article. A price increase will not affect current subscriptions. The new price will apply when the subscription is renewed.
17. In addition to the preceding paragraph, BeadPainter expressly reserves the right to increase the fees mentioned in this article under the following circumstances without the possibility for the User to terminate (in Dutch: “beëindigen) the Agreement, if:
  1. there is a change in the Agreement; and/or
  2. BeadPainter adds, to its sole discretion, new third party products and/or services to the Service; and/or
  3. there is a price increase of a product and/or service of a supplier of BeadPainter.
18. BeadPainter will announce price increases via the App and Website. Notwithstanding paragraphs 5.16 and 5.17, the User shall have the right to terminate (in Dutch: “beëindigen”) the Agreement if BeadPainter increases the fees, if the User is a consumer.
19. The risk and expense for using the (adequate) resources for the use of the Service, such as a mobile phone, internet connection, electricity, Account, and the security thereof, et cetera, is borne by the User.
20. If the User is a consumer, (local) consumer law applies. Provisions in these Terms that conflict with applicable consumer law do not apply.
Third parties
1. BeadPainter has no knowledge of and/or involvement in the actions or information carried out or made available by Users via the Service. If another User or a third party reports to BeadPainter unlawful actions or information through use of the Service, and makes this plausible by emailing to support@beadpainter.nl, BeadPainter can restrict, remove or otherwise make inaccessible the actions or information in question, including but not limited to Designs, according to the notice-and-takedown principle known in the industry. User acknowledges and accepts that BeadPainter is not liable for restricting, removing or otherwise making inaccessible the relevant acts or information.
2. BeadPainter expressly has no involvement in the contact made between Users and/or between User and third parties as a result of the Service nor in any agreements and/or contracts, resulting from this contact. BeadPainter is not a party to any agreement between Users and/or User and third parties, unless otherwise agreed.
3. The Service may contain links to other applications, platforms, services or websites that are not managed by BeadPainter. BeadPainter has no control or authority over them, makes no warranties or representations in relation thereto and accepts no responsibility therefor or for any loss or damage that may arise from their use. The use of these applications, platforms, services or websites of third parties may be subject to terms of use or terms of service of the relevant third party. BeadPainter is not a party thereto.
Intellectual Property Rights and User Generated Content
1. BeadPainter and/or its suppliers reserve all rights not expressly granted to the User in these Terms.
2. The User acknowledges and agrees that, except as specifically set forth in these Terms, BeadPainter and/or its suppliers retain all rights, title and interest, including the Intellectual Property Rights, in and to the Service as well as any modifications, adaptations or translations thereof. The User acknowledges and agrees that he/she does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms.
3. The User is explicitly not allowed to reverse-engineer, copy, amend, or provide otherwise (parts of) the Service, other materials made available to the User by means of the Service, for direct or indirect commercial purposes or for any other purposes than the purposes mentioned in these Terms, unless BeadPainter has provided its prior written consent thereto, or if mandatory or peremptory law states otherwise.
4. The User is also not allowed to make a back-up copy of the Service.
5. To the extent that open source software forms part of the Service, the licensing conditions of the relevant open source software may apply.
6. To the extent that third party software forms part of the Service, the licence terms of the relevant third party shall apply. The User can obtain such licence terms from the relevant parties.
7. The User retains all Intellectual Property Rights of User Generated Content, but only to the extent the User owns such rights or has obtained the necessary permissions from the rights holder. By uploading or creating User Generated Content, the User represents and warrants that it either owns the (rights to the) User Generated Content or has all rights and licenses necessary to use it in the App and to grant the licenses described in these Terms.
8. The User is only allowed to engage in Commercial Use of User Generated Content if the User has an active Pro Subscription, as described in the Documentation, or if the User has obtained the prior written consent of BeadPainter.
9. Any Commercial Use rights granted under a Pro Subscription, as described in the Documentation, automatically terminate (in Dutch: “eindigt”) upon expiry or cancellation of that subscription. Upon termination (in Dutch: “beëindiging”), the User may continue to sell or distribute inventory already produced before the termination date, but the User is not allowed to create new products, works, or derivative materials incorporating the User Generated Content, unless the User has obtained the prior written consent of BeadPainter.
10. BeadPainter loves when its Users share their original creations (online). For personal, non-commercial posts on social media, the User is allowed to share visuals generated by the App and/or Website, including 3D renderings, previews, screenshots, and video recordings of a User’s creation process, provided that they remain unaltered (except for minor cropping or resizing) and include visible credit to “BeadPainter” along with a hyperlink to the App’s page in the Apple Appstore https://apps.apple.com/us/app/beadpainter, and/or Website https://beadpainter.nl.
11. The preceding paragraph does not apply to BeadPainter’s tutorials, DIY guides, and other instructional materials, including but not limited to written instructions, step-by-step images, diagrams, and tips, which are for the User’s personal use only and not for Commercial Use, and may not be copied, reproduced, distributed, or used to create derivative works, unless the User has obtained the prior written consent of BeadPainter.
12. Any Commercial Use of visuals, including but not limited to the use of visuals in monetized videos, advertising, promotional campaigns, and/or for resale requires a Pro Subscription, as described in the Documentation, or the prior written consent of BeadPainter.
13. When the User uploads a Design to the Website and requests a DIY Kit, the User grants BeadPainter a royalty-free, worldwide, non-transferable, non-sublicensable, irrevocable, perpetual license, if protected by any Intellectual Property Rights at all, to reproduce the Design solely for the purpose of manufacturing and delivering the DIY Kit to the User.
14. The User gives BeadPainter the right to retain a secure copy of a User’s Design for order fulfilment, reorders, customer support, and product improvement purposes, as described in our Privacy Policy. If a User’s User Generated Content is marked as “private”, it will never be publicly displayed or used in marketing unless the User actively choose to make it public.
15. The User gives BeadPainter the right to process “private” User Generated Content in aggregated or anonymized form for statistical, analytical, and product improvement purposes, including but not limited to understanding design trends, feature usage, and community preferences. Aggregated or anonymized User Generated Content cannot be linked back to a User and is not considered Personal Data under applicable data protection laws.
16. The User represents and warrants that it has all rights necessary to authorize BeadPainter to reproduce the Design and to grant the licenses described in this article. This warranty is subject to the indemnification obligations described in articles 3.4 and 11.10.
17. By default, User Generated Content the User uploads to the App and/or Website will remain private. If the User actively chooses the “Share to Community” option at the time of upload, the User’s User Generated Content will be visible in our public community gallery and could be discoverable by other users.
18. If a User chooses to make its User Generated Content public by sharing it to the community, the User grants BeadPainter a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, non-exclusive license to:
  1. store, host, reproduce, and display it publicly on the Website and/or in the App, and in any associated online galleries; and
  2. use, reproduce, adapt, and publish the User’s public User Generated Content, in whole or in part, in BeadPainter’s marketing materials, including but not limited to social media posts, advertisements (including on Meta and other platforms), promotional videos, email campaigns, and other publicity, without further notice or compensation.
19. The User is allowed to change User Generated Content from public to private at any time in its account settings. Once marked private, User Generated Content will no longer appear in the public gallery or be used in future promotional materials. Upon such a change, BeadPainter is never obliged to remove and/or alter promotional materials already created or distributed before the change. The User agrees unconditionally to this.
20. BeadPainter shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license, if protected by any Intellectual Property Rights at all, to use and incorporate into the Service any suggestions, enhancement requests, recommendations, reviews, ideas or other feedback provided by the User, relating to (the operation of) the Service.
Privacy
Maintenance
Physical products specific risks
1. 3D renderings, previews, and other visualizations in the App are for illustrative purposes only. The final appearance, colors, textures, proportions, or other attributes of any product, kit, or printed material may differ due to manufacturing processes, materials, display settings, or other factors beyond our control.
2. Tutorials and DIY guides may include bead shapes, material colors and/or specifications for reference only. Actual DIY Kit contents may vary due to supplier availability, manufacturing tolerances, or substitutions needed to complete your order.
3. All DIY Kits are provided for personal, non-commercial use only. Any Commercial Use is prohibited. Thus, amongst others, the User is not allowed to resell, redistribute, or commercially repurpose the DIY Kits or their individual components without prior written consent of BeadPainter.
4. DIY Kits may contain sharp tools, including but not limited to needles, small parts, or choking hazards. DIY Kits are not toys and are not suitable for children. The User represents and warrants that it shall exercise the necessary care, caution, and adult supervision when using (or letting use) a DIY Kit.
5. Some DIY Kits may include 3D-printed parts, or the User may export STL files from the App to print parts itself. All 3D-printed components, whether supplied by BeadPainter or printed by the User, are for decorative and/or display purposes only and are, without limitation, not:
  1. toys;
  2. suitable for children;
  3. for wear or functional use;
  4. for any other purposes than decorative and/or display purposes.
6. If the User prints parts itself, the User does so at its own risk and is solely responsible for materials, printer settings, modifications, and safe handling. The User guarantees to follow safety instructions of its 3D printer.
7. By purchasing and using (or letting use) a DIY Kit, the User guarantees full responsibility for its safe handling and use, including commitment to the restrictions mentioned in the previous paragraphs 10.4-10.6. In addition to article 11 (Limitation of liability and indemnification) BeadPainter is never liable for, and the user indemnifies BeadPainter for, injuries, damage, or unintended consequences arising from misuse, unsafe handling, unauthorized modifications, or failure to follow safety guidelines, except where such liability cannot be excluded or limited under applicable law.
8. The Service, digital pattern instructions, and DIY kits may contain materials and/or colour references that are subject to third-party trademarks. All third-party trademarks, such as (but not limited to) Miyuki, Toho and Preciosa, are trademarks of their respective owners. References to manufacturer product or colour codes are provided solely for compatibility and identification purposes. BeadPainter is in no way affiliated with and/or endorsed by these trademarks.
Limitation of liability and indemnification
1. BeadPainter shall not be responsible or liable to the User for any loss and assumes no responsibility for, and shall not be liable to the User for any use of the Service, including but not limited to any loss, damage or claim arising out of: (i) user error, for example if the User forgets his password(s); (ii) server failure or data loss; (iii) corrupted files; (iv) loss of designs; (v) failure of Services.
2. BeadPainter’s liability for attributable failing (in Dutch: “toerekenbare tekortkoming”) in the performance of these Terms and/or the Agreement, or any other wrongful act (in Dutch: “onrechtmatige daad”) or otherwise, is excluded, insofar permitted by mandatory law.
3. If BeadPainter is liable to the User for damage under mandatory law, BeadPainter’s liability is limited to compensation for direct damage. Under no circumstances will BeadPainter’s total liability for direct damage, on whatever legal basis, exceed EUR 500,- (five hundred euros), or the amount paid to BeadPainter by User for the last twelve (12) months (whichever amount is lower), unless mandatory law states otherwise.
4. Direct damage is exclusively understood to mean:
  1. material damage to property;
  2. reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; and
  3. reasonable costs incurred to determine the cause of the damage.
5. Liability of BeadPainter for indirect damage (in Dutch: “indirecte schade”) is excluded. Indirect damage is understood to mean all damage not expressly designated as direct damage in the previous paragraph, including but not limited to, damage as a result of script hacking (whether or not by third parties), consequential damage (in Dutch: “indirecte schade”, “gevolgschade”), loss of profit, loss of business, loss of revenue, loss of anticipated savings, loss of information loss of data, lost opportunities, loss of accounts, missed profit, missed revenue, damages resulting from cancelled orders, damages resulting from funds held by third parties, damages resulting from non-return of funds by third parties, and any other financial loss, or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind.
6. The exclusions and limitations referred to in the previous paragraphs of this article do not apply if and insofar as the damage is the result of intent or gross negligence on the part of BeadPainter or its management.
7. Unless compliance by BeadPainter is permanently impossible, BeadPainter is only liable for attributable failures (in Dutch: “toerekenbare tekortkomingen”) if the User gives BeadPainter notice of default (in Dutch: “ingebrekestelling”) without delay, whereby a reasonable period is set for remedying the shortcoming, and BeadPainter also after that period has attributably failed in the fulfilment of its obligations. The notice of default must contain a complete and detailed description of the failures, so that BeadPainter is given the opportunity to respond adequately.
8. A condition for the exercise of any right of the User with regard to compensation is always that the User reports the damage to BeadPainter in writing as soon as possible, but at the latest within 30 days after the damage has arisen.
9. Any claim for compensation against BeadPainter lapses by the mere lapse of 90 calendar days after the claim arose, unless the User has instituted a legal claim for compensation before the expiry of that period. This does not affect the User's obligation to complain.
10. The User agrees to defend, indemnify and hold BeadPainter harmless from any and all third-party claim or damages (including reasonable attorneys’ fees) in connection with or resulting from the use that the User makes of the Service, a violation by the User of these Terms and/or the Agreement, and/or any unlawful activities, including but not limited to the breach of User warrants (article 3), Intellectual Property Rights (article 7), and/or privacy rights of BeadPainter and/or third parties.
Term and termination
1. The Agreement is entered into for the term as agreed between the Parties, failing which the term of twelve (12) months shall apply. Parties cannot terminate (in Dutch: “opzeggen”) the Agreement before the end of such term, unless otherwise specified in these Terms.
2. The User can terminate (in Dutch: “opzeggen”) the Agreement after the term mentioned in the previous paragraph has ended, by sending an email to support@beadpainter.nl. If the User terminates (in Dutch: “zegt op”) the Agreement before the end of the term mentioned in the previous paragraph, the termination (in Dutch: “opzegging”) is in time.
3. Unless the Agreement is terminated (in Dutch: “opgezegd”) in time, the Agreement will be renewed automatically (in Dutch: “stilzwijgend verlengd”) each time for the same term.
4. In addition to the other remedies available to BeadPainter, BeadPainter is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to:
  1. suspend (in Dutch: “opschorten”) or terminate (in Dutch: “opzeggen”) (temporarily or permanently) the Agreement and/or the right of the User to access and/or use the Service, in the event that BeadPainter, at its sole discretion, deems such suspension and/or termination necessary. This includes, without limitation, the situation where the User does not in time, in full, or properly meet its (payment) obligation(s) under the Agreement;
  2. (temporarily) restrict the User’s activities in connection with the Service or to ban the User from the Service.
5. Either Party has the right to rescind (in Dutch: “ontbinden”) the Agreement without a notice of default (in Dutch: “ingebrekestelling”) being necessary if the other Party is declared bankrupt or applies for a moratorium on payments, a general attachment is levied against the other Party’s assets, it goes into liquidation or is dissolved.
6. Either Party is authorized to rescind (in Dutch: “ontbinden”) the Agreement due to an attributable failure (in Dutch: “toerekenbare tekortkoming”) in the performance of the Agreement if the other Party, in all cases after a written notice of default (in Dutch: “ingebrekestelling”) that is as detailed as possible and that grants a reasonable term (in Dutch: “redelijke termijn”) to remedy the attributable failure has been issued, is attributable failing to fulfil its obligations under the Agreement.
7. If, at the time of the rescission (in Dutch: “ontbinding”), the User has already received (parts of) the Service under the Agreement, this/these (parts) of the Service and the associated payment obligations shall not be subject to an obligation to undo (in Dutch: “ongedaanmakingsverplichting”, “ongedaanmakingsverbintenis”).
8. Amounts invoiced by BeadPainter prior to rescission (in Dutch: “ontbinden”) or termination (in Dutch: “opzegging”) in connection with the Service already properly performed under the Agreement shall remain payable in full and shall become immediately due and payable at the time of the rescission or termination.
9. Upon any termination, rescission or expiration of the Agreement, the User’s right to access and use the Service shall cease to exist immediately, without any right to compensation whatsoever.
10. Upon termination, rescission or expiration of the Agreement, it is the User’s responsibility to secure any data the User wants to retain to a computer or any storage device, in a timely manner before the termination, rescission or expiration. BeadPainter is not responsible to the User or any third party for any loss of data that may result or arise out of such termination, rescission or expiration of the Agreement.
11. BeadPainter is, at its sole discretion, entitled to discontinue (versions of) the Service, without becoming liable to the User. In the event of (versions of) the Service reaches its end of life, BeadPainter will notify the User thereof through the Service and/or on the Website.
12. All provisions which are meant to survive the termination, rescission or expiration of the Agreement shall survive such termination, rescission or expiration. These provisions include, but are not limited to all of the User’s representations, warranties, indemnification obligations, BeadPainter’s limitation of liability, the applicable law and dispute provisions and this provision.
Applicable law and dispute resolution
1. The Terms, the Agreement, (the use of) the Service and all legal acts and disputes arising therefrom shall be governed exclusively by the laws of the Netherlands, to the extent allowed by a mandatory or peremptory rule of law. The Parties have excluded the applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980).
2. The User and BeadPainter will work together in good faith to resolve any dispute. If the Parties are unable to resolve a Dispute within ninety (90) days after all Parties have received written notice of such dispute, such dispute shall be finally settled by arbitration as defined in paragraphs 13.3 and 13.4 below.
3. Any dispute shall be referred to and finally resolved by arbitration under the rules of the Stichting Geschillenoplossing Automatisering (SGOA) in effect at the time of the arbitration. The number of arbitrators is one (1), chosen by BeadPainter. The seat, or legal place, of arbitration is The Hague (in Dutch: ‘’Den Haag’’). The language of instruction in the arbitration proceedings is Dutch. All documents to be supplied are in Dutch.
4. If the User is a consumer, or if a provisional or conservatory injunction is required, the User may initiate legal proceedings before a competent court. The competent court is the District Court in the District of The Hague, location The Hague, the Netherlands, unless mandatory law stipulates otherwise.
Miscellaneous
1. The User will not assign or otherwise transfer any of his/her rights and obligations under these Terms, without our prior written consent, but BeadPainter may assign or transfer these Terms, in whole or in part, without restriction. Any assignment or transfer in violation of this article will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.
2. These Terms constitute the entire agreement between the User and BeadPainter for the use of the Services. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, ineffective or unenforceable for any reason, the Parties will negotiate in good faith to amend these Terms to best achieve the Parties' original intent, in an acceptable manner so that the transactions contemplated hereby are carried out as fully as possible as originally contemplated.
3. BeadPainter reserves the right to amend these Terms at any time. The User will be notified of any amendments by way of notification on the Website and/or in the Service. The new version of the Terms will be available for viewing and downloading on the Website and/or in the Service. If the User continues to use the Service after these Terms have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms. If the User does not agree with the amended or supplemented Terms, User’s exclusive remedy is to no longer use the Service and to directly terminate (in Dutch: “beëindigen”) the Agreement.
4. The User agrees and acknowledges that all agreements, notices, disclosures and other communications provided by BeadPainter to the User under these Terms and/or in connection with the User’s use of the Service shall be made by BeadPainter in its sole discretion and may be provided to the User in electronic form at its discretion.