Conditions of use

These conditions of use (the “Conditions of Use”) describe the conditions under which Users may use the Parking Management System, the Mobile App, and, where applicable, the Access Device, which form part of the Izix Solution.By checking the “I accept” box and confirming, you are indicating that you have read and that you understand and agree to these Conditions of Use as set forth below and that your use of the Izix Solution shall be governed by these Conditions of Use.The Conditions of Use are easily accessible on the Izix website via the following link https://www.izix.eu/fr/conditions-dutilisation as well as in the Parking Management System and the Mobile App. They are applicable as of March 31, 2022, and replace all previous Conditions of Use.

Definitions

  • "Agreement": means the agreement entered into between Izix and your Supplier relating to the provision and use of the Izix Services, including the General Terms and Conditions and their appendices, these Conditions of Use of the Parking Management System and the Mobile Application, and the Privacy Policy;
  • "Mobile App": means the mobile application developed and managed by the Company, forming part of the Izix Solution and accessible through the Apple App Store and the Google Play Store.
  • "Centralizer":  means the natural person or legal entity that, as Owner and/or Tenant of several Buildings or parts of Buildings, legally contracts with the Company for the provision of the Izix Solution for the benefit of several Occupants in one or more Buildings. The Centralizer can also have the status of Occupant, if it benefits from the Izix Solution in a Building that it occupies;
  • "Administrator Account": means the personal account(s) of an Occupant created in accordance with the relevant Agreement on the Parking Management System or the Mobile App.
  • "Account": means a User’s personal account created on the Parking Management System or the Mobile App by the Administrator Account.
  • "User content": means all comments, data, or other information provided by the User via the Parking Management System and/or the Mobile App.
  • "Access Device": means the hardware device for parking lot access that can, at the request of a Centralizer or an Occupant, be installed in the barrier or gate to a parking lot.
  • "Intellectual Property Rights": means all intellectual, industrial, and commercial property rights and all other similar rights, existing or future, registered or not, in Belgium or anywhere in the world, including but not limited to copyrights (in particular copyrights in computer programs and databases) and all other possible rights in the field of literature, arts, and sciences; patent rights, know-how rights, or trade secrets, and all other rights to intellectual creations in the field of technology; design rights; trademark rights, rights to legal and trade names, domain names, and all other possible rights to marks used in business to distinguish one good or service from another in commerce, including, with respect to the Company, the Izix IP.
  • "Term": means the period during which the Agreement between Izix and your Supplier is in effect.
  • "Force Majeure": means any unforeseen event that occurs after the effective date and that is beyond the reasonable control of the affected Party, insofar as such event prevents and/or delays the affected Party’s performance of its obligations under this agreement and where the affected Party is not the direct or indirect cause of such an event and is not able to prevent or eliminate it at a reasonable cost; such events include but are not limited to: natural disasters; riots; epidemics; war and military operations; national or local emergencies; government actions or omissions; economic disputes of any kind; employee actions; fires; floods; lightning; explosions; collapses; reduction or non-functioning of Third Party networks, systems, and equipment; failures or delays of the electrical network, the internet, servers, or any public telecommunications network; attacks or infections or unauthorized access to the affected Party’s computer systems by Third Parties.
  • "Supplier": means the Centralizer or the Occupant who has entered into an Agreement with Izix and who has designated you as an authorized User in that context.
  • "Building": means the building(s) for which one or more Occupant(s) may, at their request or at the request of a Centralizer, benefit from the Izix Solution and allow Users to benefit from it.
  • "Izix IP": means all Intellectual Property Rights related to the Parking Management System and the Mobile App, to the underlying models and algorithms of the Parking Management System and the Mobile App, and to the Izix trademark and logo, including all right, title, and interest pertaining thereto.
  • "Izix": means all Intellectual Property Rights related to the Parking Management System and the Mobile App, to the underlying models and algorithms of the Parking Management System and the Mobile App, and to the Izix trademark and logo, including all right, title, and interest pertaining thereto.
  • "License": means the license to access and use the Parking Management System and the Mobile App, which is personal, restricted, non-exclusive, non-transferable, non-assignable, and which, unless expressly stated otherwise, cannot be the subject of a sub-license, granted by the Company for the strict purpose of the exercise by the beneficiary of the License of its rights and obligations under this agreement within the scope of the normal exercise of its activities, to, depending on the specifics of the contract, (i) the Centralizer, (ii) the Occupant(s), and (iii) the Users.
  • "Occupant(s)": means the legal entity or natural person company legitimately occupying a Building that, at its request or at the request of a Centralizer, may benefit from the Izix Solution and allow Users to benefit from it. Occupants may be Owners or Tenants of one or more Buildings.
  • "Parking Management system": means the web application developed and managed by the Company, which is part of the Izix Solution and accessible via the internet.
  • "Parking Space": means a spot located in a Building and intended for the parking of wheeled vehicles (cars, utility vehicles, bicycles, mopeds, motorcycles, etc.).
  • "Privacy Policy": means all the information provided by the Company to the relevant persons whose personal data are processed by the Company in accordance with applicable legislation on the matter. The Privacy Policy is available on the Parking Management System and the Mobile App and on the Company’s website.
  • "Charges": means all Costs and Fees due at a given time by a Centralizer or an Occupant to the Company.
  • "Maintenance and Support services": means the maintenance and support services for the Izix Solution performed by the Company.
  • "Third Party Services": means any Third Party hardware, software, goods, services, or components used by the Izix Solution, or any Third Party website or application to which the Izix Solution provides access but that are not owned or controlled by Izix.
  • "Izix Services": means, together, the Izix Solution and the Maintenance and Support Services.
  • "Websites": means the following BePark websites: Izix.eu, blog.izix.eu, ressources.izix.eu, knowledge.izix.eu.
  • "Solution" or "Izix Solution": means the SaaS Solution for accessing and managing Parking Spaces developed and offered by the Company, which consists of (i) the Mobile App and (ii) the Parking Management System.
  • "Third Party": means any natural person or legal entity that is neither Izix nor a User.
  • "You" or "Users": means the natural persons who have the right to actually use the Izix Solution to have access to a Parking Space.

1. The Izix Solution

The Izix Solution consists of (i) a web application for managing Parking Spaces (the “Parking Management System”) and (ii) a mobile application for managing and accessing Parking Spaces (the “Mobile App”). It also includes maintenance and support services (the “Maintenance and Support Services”) and, as an option, a hardware parking lot access device installed in the parking lot barrier or gate (the “Access Device”).

It allows authorized users (“you” or the “Users”) to reserve and access available Parking Spaces in buildings for which your Supplier has subscribed to the Izix Solution.

Izix is the trademark and trade name under which BePark, a public limited liability company with its head office located at rue du Mail 50, B-1050 Ixelles, registered in the Brussels Registre des Personnes Morales (Register of Legal Entities) under company number 0839.421.964, develops and offers a SaaS solution for access to and management of parking spaces (hereinafter the “Solution” or the “Izix Solution” and “Izix”).

2. Access to the Izix Solution

As a User, you can access the Parking Management System and the Mobile App by logging into your personal account (the “Account”) using the login information provided to you by (or on behalf of ) your Supplier, accepting these Conditions of Use, and confirming that you have read the Privacy Policy.

Access to the Parking Management System and the Mobile App is granted to you because your Supplier has entered into an Agreement with Izix and has designated you as an authorized User in this context due to the legal relationship between you and your Supplier. Your right to access the Parking Management System and the Mobile App is strictly limited to usage within the framework of such legal relationship.

Registration may require each User to provide certain personal data that is necessary for the creation of their Account. This personal data will be processed by Izix in accordance with the Privacy Policy available on the Company’s website.

In order to use the Parking Management System and/or the Mobile App, a device that meets the system and compatibility requirements for the relevant content, working internet access, and compatible software are required.

The Mobile App is available on the Apple App Store or the Google Play Store

3. Account

Your Account is strictly personal and cannot be used by a Third Party. You expressly acknowledge and agree that it is strictly forbidden for Users to give, lend, sell, or otherwise transfer their Account to third parties. You must keep your Account details and login information secure and must not share them with anyone.

You are solely responsible for maintaining the confidentiality and security of your Account login information, such as your password, and you are fully responsible for all activities that occur under your Account. You must immediately notify Izix in the case of any actual or suspected unauthorized use of your Account or any other breach of security.

4. Instructions for Use

4.1 Instructions for Use of the Izix Solution

Use of the Parking Management System and the Mobile App are subject, at all times, to strict compliance by you with the following instructions and restrictions:

- You will keep your license plate readable and visible at all times
- You are at least 18 years old and in possession of a valid driver’s license and all (automobile) insurance coverage required by law
- You have the capacity and authority to personally agree to these Conditions of Use
- All comments, data, or other information provided by you via the Parking Management System and the Mobile App (the “User Content”) is accurate and truthful and (i) shall not infringe any Third Party Intellectual Property Rights; (ii) does not misappropriate any trade secret; (iii) is not misleading, defamatory, or illegal; (v) does not otherwise violate the rights of any Third Party
- You will only use the Izix Solution or any or all of its components in accordance with these Conditions of Use, only for the purposes authorized by these Conditions of Use, and in full compliance with any additional instructions or policies issued by Izix, including but not limited to those published in the Parking Management System and the Mobile App and applicable laws and regulations and generally accepted practices in the applicable jurisdiction
- You will not interfere (or attempt to interfere) with the access to, or the functioning of, the Parking Management System and/or the Mobile App (including the Account), and you will not use (or attempt to use) the Izix Solution or any component thereof in a manner likely to disrupt the Izix Services (including by accessing the Izix Solution through any automated means whatsoever, such as scripts or web crawlers) or servers or networks connected to the Izix Solution, and you will not violate (or attempt to violate) the rules, requirements, or regulations of the networks connected to the Izix Services (including any unauthorized access, use, or monitoring of data or traffic) or access or attempt to access Izix’s computer systems, or modify them, use them to transmit computer viruses, hacker attacks, worms, etc., or commit offenses likely to be qualified as computer-related crimes
- You will not use any automatic system or software to extract data from the Izix Solution or all or part of its components for commercial purposes (“screen scraping”)
- You will comply at all times with the applicable terms and conditions of any Third Party offering goods or services under any Third Party Services
- You will not copy, translate, alter, or modify the Izix Solution or any component thereof, and you will not (attempt to) reverse engineer, decompile, disassemble, or derive the Izix Solution or any component thereof, nor create derivative works based on the Izix Solution, nor circumvent or attempt to circumvent any technical or protective limitations of the Izix Solution and/or any component thereof; you will not attempt to do any of these things
- You will not use the Izix Solution and/or any component thereof in an unlawful, illegal, fraudulent, or harmful manner or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose or in a way likely to infringe upon the rights (including intellectual property rights) or interests of Izix or any Third Party, and in particular you will not use it to disseminate trade secrets, viruses, damaging or illegal information, or information that is in bad taste, discriminatory, or offensive to anyone
- You will install updates to the Izix Solution as soon as they are available, and you will always use the latest version of the Izix Solution
- You will ensure the confidentiality of your Account (including login data) and report any breach of security in this regard to Izix immediately and at the latest within twenty-four (24) hours
- You will not obtain (and will not attempt to obtain) unauthorized access to the Accounts of other Users or to an Administrator Account; you will not assume (or attempt to assume) any person’s or entity’s identity or otherwise misrepresent your affiliation with any person or entity
- You will not use (and will not attempt to use) the Izix Solution or any of its components to generate unsolicited advertising emails or spam
- You assume full responsibility for every use and activity of your personal Account
- You will not alter, remove, or obscure (and will not attempt to do so) any copyright notices, digital watermarks, proprietary legends, or other notices included in the Izix Solution or any of its components
- You will inform the Company of any information that is useful for the execution of its activities (such as reactions, remarks, or ideas for improvement that you have or that you receive from Users) and, as soon as possible, of any complaint that you have or that you receive from Users.

4.2. Instructions for Access to and Use of Parking Lots and Parking Spaces

In addition to any applicable conditions with respect to Third Party Services, access to parking lots and Parking Spaces are subject, at all times, to strict compliance by you with the following instructions and restrictions:
- You may only access, park in, and leave the parking lot during the hours corresponding to the Agreement entered into by your Supplier. These are available via your Account. The applicable opening hours may be modified by your Supplier who will inform you thereof.
- You may only park your vehicle in spaces reserved for Users. Under no circumstances may you park in an inappropriate or unauthorized place.
- Under no circumstances may you (attempt to) transfer or sublet any Parking Space.
- In the event of an accident or involuntary immobilization of your vehicle, you will immediately take the necessary measures to repair the vehicle so that it does not in any way disrupt normal circulation in the establishment. In any case, you will ensure the removal of the vehicle before the end of the time slot during which it is authorized to access the parking lot.

5. Third Party services

In the event that the Izix Solution uses any Third Party hardware, software, goods, services, or components, or provides access to Third Party websites, services, or applications that are not owned or controlled by Izix (the “Third Party Services”), the general terms and conditions of use, license agreements, and/or privacy policies of such Third Parties will govern your use of the Third Party Services, in addition to these Conditions of Use with respect to what falls within their scope. You acknowledge that Izix has no control over, incurs no responsibility for, and does not guarantee the content, terms and conditions of use, privacy policies, or practices of the Third Party Services. The User acknowledges and agrees that Izix shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such Third Party Services. By accessing such Third Party Services, you agree to abide by the applicable terms and conditions, and you acknowledge that you are the sole party to such terms and conditions.

Access to and use of the parking lots are subject to the acceptance without modification of all the terms and conditions contained in these Conditions of Use, and, where applicable, the terms and conditions of the parking lots and the internal rules of the parking lots.

6. Modifications to the Conditions of Use and the Izix Solution

We reserve the right at any time, and from time to time, with or without cause to:
- modify these Conditions of Use;
- modify or update the Izix Solution or any or all of its components, including but not limited to adding, removing, or discontinuing, temporarily or permanently, any tool, service, functionality or other feature of the Izix Solution without prior notice and without any liability to you or to Third Parties;
- remove or suspend, in whole or in part, temporarily or permanently, your use and/or your access to the Izix Solution in accordance with these Conditions of Use.

Modifications or changes made will be effective immediately upon Izix making such modifications or changes available in the Izix Solution or giving notice thereof.

You agree that your continued use of the Izix Solution or any or all of its components after any such changes or modifications constitutes your acceptance of such changes.

7. Intellectual Property

All Intellectual Property Rights related to the Izix Solution, the Parking Management System, the Mobile App, the underlying models and algorithms of the Parking Management System and the Mobile App, the Izix and BePark brands and logos, including all right, title, and interest therein (the “Izix IP”) shall at all times and worldwide remain the sole and exclusive property of Izix and, if applicable, its Third Party licensors, and Users shall not obtain any right, title, or interest therein, except for the limited use rights expressly granted by these Conditions of Use. In the event that, despite being prohibited from doing so, Users modify or create works derived from the Izix Solution, the Parking Management System, and/or the Mobile App, Izix shall be the owner of all right, title, and interest, including Intellectual Property Rights, in and to such modifications and derivatives, and Users hereby assign such right, title and interest, including Intellectual Property Rights, in and to such modifications and derivatives to Izix at no cost to Izix.

Users acknowledge the great value of the goodwill associated with the Izix IP and acknowledge that such goodwill belongs exclusively to Izix and/or its Third Party licensors. Any goodwill resulting from the use of the Izix IP by Users will be for the exclusive benefit of Izix

8. License

During the Term, Izix grants you a license to access and use the Parking Management System and the Mobile App (the “License”) that is personal, restricted, non-exclusive, non-transferable, and non-assignable, and that may not be sub-licensed, within the framework of the normal exercise of your activities, and provided that such License does not affect the rights of Izix and is only for the strict purpose of exercising the rights and obligations that arise for you from the Agreement with your Supplier and from these Conditions of Use.

The License is at all times conditional upon acceptance of and compliance with these Conditions of Use.

9. Liability

9.1 Izix's liability

9.1.2 Availability and maintenance

Izix may only be held liable to Users, within the limits set forth below, for damages or losses resulting directly from the breach by Izix of its commitments to Users under these Conditions of Use. Izix shall in no way be liable to Users for any damage resulting from any cause other than a violation of its own obligations under these Conditions of Use, in particular from the actions, omissions, or decisions of Third Parties. In addition, Izix’s liability is strictly conditional on Users’ compliance with these Conditions of Use and any advice and/or directives and/or instructions that may be given by Izix.

9.1.2 Availability and Maintenance

You acknowledge that complex software such as the Izix Solution is never completely free of defects, errors, and bugs, and, except as provided in these Conditions of Use and in the Agreement entered into by your Supplier, and to the extent permitted by applicable law, Izix makes no warranties or representations that the Parking Management System and the Mobile App will be completely free from defects, errors, and bugs, nor that they will be fit for or consistent with a particular purpose or use. Izix also does not guarantee that all errors can be corrected, or that access to or operation of the Services and the parking lots will be uninterrupted, secure, or error-free. User further acknowledges and agrees that there are risks inherent in the transmission and storage of information on the Internet and that Izix is not responsible for and shall not be liable for any loss of your data, including but not limited to User Content.

Izix does not guarantee that use of the Services will be uninterrupted or error-free, and Users agree that from time to time Izix may remove the Services for indefinite periods, or cancel the Services at any time, without prior notice to Users. User expressly agrees that their use or inability to use the Services is at their sole risk.

The Services and all products and services provided to User are (unless expressly stated otherwise by Izix) provided on an “as is” and “as available” basis, without warranty of any kind in application of Belgian law, whether express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Izix’s responsibility in terms of availability and maintenance of the Izix Solution is governed exclusively by the Service Level Agreement that is part of the Agreement entered into by your Supplier.

If you need technical assistance, please contact BePark customer service directly by e-mail (info@bepark.eu) or by telephone (in Belgium: +32 (0) 2 / 880.05.50; in France: +33 (0)1.82.88.72.87)

9.1.3 Third Party Actions and Acts of God

In no event shall Izix be held liable to Users for damages caused by Third Party actions or acts of God.

In particular, Izix shall in no way liable for damages resulting in whole or in part from:
- any unavailability of the parking lot, any malfunction, breakdown, or other technical problem related to the parking lot, any modification of the internal rules of the parking lot, any difficulty in accessing the parking lot or a given Parking Space, any problem with gates, automatic barriers, or any other similar equipment, and more generally, any circumstance that is the responsibility of the operator and/or manager and/or owner or tenant of a Building’s parking lot;
- non-compliance by Users with the terms and conditions applicable to the access and use of the parking lot;
- any breakdown of the Services, the malfunctioning of the Services and/or functionalities provided by the Services, or any other malfunction or technical problem related to the functioning of the Services;
- claims from any party other than the User or damages consisting of Third Party claims against the User resulting from any damage whatsoever, material or intangible, to any person or property (for example, a person’s car) such as, in particular: accidents, theft, or damage, even partial, that may occur on occasion or as a result of the use of the parking lot;
- any damage whatsoever, material or intangible, to any person or property (for example, a person’s car) such as accidents, theft, or damage, even partial, that may occur on occasion or due to the access and use of the parking lot via the Izix Solution;
- actions, omissions, or decisions of Third Parties and, more generally, from any Third Party Service

9.1.4 Indemnification by Izix

Izix shall indemnify Users against all damages ultimately awarded in connection with any action brought against them by a Third Party, insofar as such action is based on an allegation that the Parking Management System and/or the Mobile App used in compliance with the Conditions of Use infringes the Intellectual Property Rights of said Third Party, provided that the User gives the Company (i) prompt notice of the complaint, (ii) sole control of the defense and any settlement thereof, and (iii) reasonable assistance, cooperation, and information in the context of the defense.

In the event that any of the Izix Services or any part thereof, in the reasonable opinion of Izix, is likely to be the subject of a claim of infringement of Intellectual Property Rights by a Third Party , Izix has the right, at its sole discretion and expense, to (i) modify the Izix Solution or the (allegedly) infringing portion thereof so that it is no longer infringing, all while preserving an equivalent functionality; (ii) obtain a license allowing the continued use of the Izix Solution in accordance with these Conditions of Use; or (iii) terminate further performance of the Agreement with the Supplier in accordance with the Agreement entered into with it.

The foregoing sets forth Izix’s entire liability and obligation and User’s sole remedy with respect to any violation or alleged violation of any intellectual property right caused by the Services or any part thereof.

9.2 Indemnification by Users

You shall indemnify Izix against any demand, claim, loss, liability, or damage of any kind, including reasonable attorneys’ fees, whether in tort or contract, that Izix may incur due to or arising out of: (i) any breach by you of any provision of these Conditions of Use or any other instructions or policies issued by Izix; (ii) any User Content infringing any Intellectual Property Rights of a Third Party, (iii) any fraud, willful misconduct, or negligence committed by you, (iv) any Third Party claim based on any of the circumstances referred to under subsections (i) to (iii)

9.3 Limitations of Liability and Warranty

Any exclusions or limitations set forth in these Conditions of Use apply to the maximum extent permitted by applicable law.

9.3.1 Consequential Damages

Neither Party shall be held liable for consequential damages suffered by the other Party within the framework of these Conditions of Use or connection therewith. The following are in particular (but not exclusively) considered as consequential damages: the loss of use of any website, Internet access, hardware, or software, the costs of recreating lost data, damage to Users’ hardware or software, the cost of any replacement performance, equipment, software, or system, loss of revenue, loss of profits, loss of customers or reputation, loss or corruption of data, communication or messages sent, received, or stored via the Izix Solution, even if Izix has been informed of the possibility of such damages or if such possibility was reasonably foreseeable

9.3.2 Force Majeure

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9.3.3 Cap

To the fullest extent legally permitted, and except in cases of fraud or willful misconduct, Izix’s overall liability to Users is limited to EUR 2,500.00.

9.3.4 Exceptions

No provision of this Agreement shall exclude or limit Izix’s liability for:
- death or personal injury caused by its negligence or willful misconduct; or
- fraud

10. Personal data

Any processing of personal data carried out by the Company in the context and for the purposes of performing the services it provides is performed by the Company acting as “processing manager” or as “subcontractor,” in the manner more fully described in its Privacy Policy, available [on the Company’s website and on the Mobile App], and in accordance with applicable regulations (including but not limited to 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 or “GDPR”). The Privacy Policy details in particular the data processed, the processing performed, and their legal bases or how any User can exercise their rights and contact the Company at any time.

11. Term and Termination of the Agreement

You have access to the Parking Management System and the Mobile App from the date you register and first log on to your Account, in accordance with section 3 of these Conditions of Use, and, in principle, for the entire Term of the Agreement entered into by your Supplier.

However, your access may be suspended or terminated early in the following cases:

11.1 Suspension

Izix may, at any time, immediately and without notice, suspend your Account or, more generally, access to the Izix Services in the following cases: (a) non-compliance with these Conditions of Use and in particular the Instructions for Use, (b) request by the Supplier to cancel or terminate the Account, (c) request or injunction from judicial or administrative authorities, (d) situation in which it is or may become illegal to provide the Izix Services, or (e) unexpected technical or security issues.

11.2 Termination for Breach

Izix may terminate your right to access and use the Services with immediate effect if Izix believes or has reasonable grounds to suspect that you or your Supplier are in violation of the terms of these Conditions of Use, the Agreement, or any other instruction or policy issued by the Company.

11.3 Termination of the Agreement

At the end of the Term of the Agreement, for any reason whatsoever, all rights to use Parking Management System and the Mobile App that have been granted to you under these Conditions of Use will automatically expire.

11.4 Effects of Termination

In the event of termination of these Conditions of Use for any reason whatsoever, in accordance with the provisions of these Conditions of Use, at the time of termination is effective:

(i) you will no longer be authorized to access or use the Services or the Parking Spaces;
(ii) the provisions of this Agreement that are expressly or by implication intended to survive termination, including but not limited to provisions regarding intellectual property, privacy, and liability, shall survive and remain in effect in accordance with their terms.

12. Miscellaneous

12.1 Licence by User

By uploading, creating, or otherwise providing any information, data, or content through the Parking Management System and/or the Mobile App (the “User Content”), you grant Izix a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, copy, store, modify, transmit, and display such User Content to the extent necessary to provide and maintain the Services. Izix reserves the right, but is not obligated, to review and remove any User Content that is deemed to be in violation of the provisions of these Conditions of Use or otherwise inappropriate, of third-party rights, or of any applicable laws or regulations.You acknowledge and agree that Izix is under no obligation to back up or save User Content.

12.2 Severability

If any provision of these Conditions of Use is, for any reason whatsoever, held to be invalid or unenforceable, the remaining provisions of these Conditions of Use shall survive and the invalid or unenforceable provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.

12.3 Waiver

The failure or delay of a Party to assert a right or an option granted by the Conditions of Use or a breach by the other Party shall in no event be considered as or have the effect of a definitive waiver by such Party to subsequently assert such right or such breach.

12.4 Assignment

You may not assign or transfer these Conditions of Use or any right or obligation to any Third Party. Izix is free to (i) transfer or assign (part of) its obligations or rights under the Conditions of Use to any of its affiliates, (ii) sub-contract the performance or support of the performance of these Conditions of Use to its affiliates, individual contractors, and third party service providers without prior notice to the User, and (iii) assign or transfer all or part of its rights, benefits, and obligations under these Conditions of Use to a newly incorporated company taking over all or substantially all of the assets relating to the Solution provided that the successor expressly agrees in writing to comply with the terms, conditions, and obligations of Izix under these Conditions of Use and notifies the User thereof in writing. Izix will be fully released from any obligation as soon as the assignment has taken place and notice thereof has been provided as stated above.

12.5 Notices

Any notice given under these Conditions of Use must be sent in writing and will only be valid if delivered, for Izix, to the following email address: support@izix.eu and, for the User, at the email address you provided on your Account or, later, via your personal settings page in the case of any change.

12.6 Applicable Law and Jurisdiction

These Conditions of Use are exclusively governed by and interpreted in accordance with Belgian law. Any dispute relating to the validity and/or interpretation of these Conditions of Use will be settled definitively by the competent courts of Brussels.

13 Questions

If you have any questions regarding the services or these Conditions of Use, please contact BePark customer service directly by e-mail (info@bepark.eu) or by telephone (in Belgium: +32 (0) 2 / 880.05.50; in France: +33 (0) 1.82.88.72.87).

14 Versions

Prior versions of the Conditions of Use can be obtained upon request by e-mail (info@bepark.eu) or by telephone (in Belgium: +32 (0) 2 / 880.05.50; in France: +33 (0) 1.82.88.72.87).