Brodar Terms of Use
Last updated: 6 May 2026
Welcome to Brodar!
Brodar B.V. provides the app “Brodar”. With our Service, Brodar users can create a profile for finding friends and nearby activities, and to participate in the Brodar online community for all gay and bi males, and transgenders.
These Terms of Use apply to the use of the Service by Brodar B.V. (Wim Duisenbergplantsoen 31, 6221SE Maastricht, Netherlands). Please read these Terms of Use carefully so that you know what your rights and obligations are when using the Service. The acceptance of these Terms of Use constitutes a valid and binding agreement between Brodar and you for the use of the Service. If you make any use of the Service you agree to be bound by these Terms of Use. The terms, indicated with a capital, whether single or plural, will have the meaning as stated in ‘24. Definitions’ of these Terms of Use.
1. Scope
1.1 The Terms of Use are an integral part of the Agreement and apply to all use that Users make of the Service.
1.2 Brodar may amend these Terms of Use at any time. The User will be individually notified of any amendments by email and/or private message and/or upon logging in to the Service. The new version of the Terms of Use will be available for viewing and downloading at the Website. If the User continues to use the Service after these Terms of Use have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms of Use. If the User does not agree with the amended or supplemented Terms of Use, the User’s exclusive remedy is to no longer use the Service and to terminate their Account.
1.3 If any provision in these Terms of Use shall be held to be (partly) void or unenforceable, the other provisions of these Terms of Use will remain in full force and effect. In such a case, Brodar will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.
1.4 These Terms of Use have been prepared in English and may have been translated into other languages. In case of a dispute, the English version shall have precedence.
1.5 In the event of a dispute between the Parties concerning the explanation of a legal term, the Dutch explanation of this term will prevail.
2. Use of the Service
2.1 Brodar hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service solely for personal and non-commercial purposes, notwithstanding the exception mentioned in 4.5, under the conditions of these Terms of Use.
2.2 The User acknowledges and agrees that Brodar does not pre-screen User Content posted or transmitted by means of the Service and that Brodar has no influence over the User Content provided by means of the Service. Brodar is not liable and/or responsible for the User Content provided by means of the Service and/or any use made of the Service by Users.
2.3 Brodar shall have the right (but not the obligation), at its sole discretion, to review, edit, limit or refuse User Content posted or transmitted by means of the Service and/or to limit and/or refuse a User access and/or use of the Service, more specifically in the event that the User has been banned from the Service earlier. Brodar will furthermore have the right to remove any User Content that, according to Brodar, violates these Terms of Use and/or the Community Guidelines (section 3) and/or that it deems to be otherwise objectionable. Brodar may disclose Personal Data and/or User Content to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in the Netherlands or any other applicable jurisdiction, or to exercise its legal rights of defense against legal claims.
2.4 Notwithstanding any other provisions of these Terms of Use, the use of the Service may not:
• include software such as viruses or Trojans that can damage or erase computers or data of Brodar, Users or third parties or make it unavailable or inaccessible;
• bypass technical security measures of the computer systems of Brodar or third parties;
• involve unreasonable or disproportionate use of the infrastructure of the computer systems of Brodar or third parties or impede the functionality or functionalities of the Service;
• involve manual or automated software, devices, or other processes to “trawl”, “spider” or scrape any content of the Service;
• constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
• infringe any third party’s Intellectual Property Rights, privacy rights or any other rights;
• involve (virtual) child pornography or bestiality;
• harm minors in any way, including but not limited to establishing unlawful contact;
• promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
• involve any illegal activities or activities that are contrary to morality or public order;
• involve false or misleading information;
• involve unlawful use such as harassment or stalking of other Users; and/or
• involve otherwise inappropriate use;
• involve the creation or use of automated accounts, bots, or fake profiles, unless expressly authorized by Brodar in writing;
• involve the use of deepfakes, AI-generated impersonation content, or manipulated media intended to deceive other Users;
• involve doxxing, outing, or non-consensual disclosure of another User’s identity, sexual orientation, HIV status, or other sensitive personal information;
• involve any form of hate speech, discrimination, or incitement to hatred based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or medical condition;
• breach these Terms of Use; and/or
• be unlawful in any way whatsoever.
2.5 The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft or damage to any of their data will at all times be borne by the User.
2.6 The Service may contain information that is derived from and/or may refer to third parties’ websites or services (for instance via hyperlinks, banners or buttons). Third party terms or conditions may apply to these websites or services. Brodar has no control over the information and content of these third parties’ websites and services. Brodar does not accept any responsibility and/or liability for this information and content of these third parties’ websites and services.
3. Community Guidelines and Acceptable Use
3.1 In addition to the prohibited uses set out in section 2.4, all Users must comply with Brodar’s Community Guidelines, which are published on the Website and in the App and form an integral part of these Terms of Use.
3.2 The Community Guidelines set out Brodar’s standards for acceptable behavior and content on the Service, including but not limited to rules regarding harassment, hate speech, impersonation, nudity and sexual content, misinformation, and the promotion of violence or self-harm.
3.3 Brodar reserves the right to update the Community Guidelines from time to time. Users will be notified of material changes. Continued use of the Service after such notification constitutes acceptance of the updated Community Guidelines.
3.4 Violations of the Community Guidelines may result in content removal, temporary suspension, permanent account termination, or reporting to law enforcement authorities, at Brodar’s sole discretion.
3.5 Users are encouraged to report violations of the Community Guidelines using the in-app reporting function or the procedure set out in section 13 of these Terms of Use.
4. Account
4.1 In order to be able to use the Service optimally, the User has to create an Account in the way as described on the Website. By means of the Account, the User can amend, update and/or delete their Profile. The User is responsible for keeping their Credentials confidential. The User is responsible and liable for all use made of the Service by means of their Account. As soon as the User knows or has reason to assume that their Account has come into the hands of unauthorized persons, the User should inform Brodar of this, notwithstanding their own obligations to take immediate effective measures, such as changing the password of their Account.
4.2 The Service is not intended for persons under the age of 18. A person must be at least eighteen (18) years old in order to become a User and make use of the Service. By accessing the Website and by using the Service, the User confirms and guarantees that they are indeed at least eighteen (18) years old and that, according to the laws of the country in which they reside and/or the laws of the country from where they are accessing the Service and Website, they are allowed to access the Website, to create an Account and to use the Service and Website.
4.3 Brodar accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties.
4.4 The User may register their own user Account, as described on the Website or in the App. The User may only register a user Account if they are a natural person and only on their own behalf.
4.5 Brodar may, at its sole discretion, request a User to provide additional information to verify Personal Data and/or User Content that the User has posted on their Account and/or the Service. Based on this additional information, Brodar may decide to edit or delete Personal Data and/or User Content and/or to suspend or delete the Account and the User’s use of the Service.
4.6 Brodar may employ identity verification measures, including but not limited to photo verification, phone number verification, or third-party identity verification services. Users agree to cooperate with such measures. Failure to complete verification may result in limited functionality or account suspension.
5. Additional Services, Billing & Refund Policy
5.1 The offer of Additional Services (“Upgrade to PRO”) may contain enhanced functionality (e.g. more filters, anonymous browsing), pictures, photographs, video clips and/or other graphical displays. Such a description shall be as accurate as possible, but shall not be binding for Brodar.
5.2 Prices for Additional Services are quoted in the price list on the Website and/or in the App. Prices are in euros and are inclusive of VAT, import duties and other government imposed taxes, duties and levies, which shall be the sole responsibility of the User. If Additional Services are paid through the “Apple App Store” or the “Google Play Store” the currency depends on the location of the User’s “Apple ID” or “Google Account”.
5.3 The User has the obligation to inform Brodar immediately about any inaccuracies in the offer provided or the payment details described, including the price. The User cannot hold Brodar to any offer for Additional Services and/or price if the User should in all reasonableness have known that this offer and/or the price are/is an obvious mistake or obvious error in writing.
5.4 Brodar is entitled to adjust its prices at all times.
5.5 If the User has made the payment for the Additional Services by means of a credit card, they are not allowed to reclaim the payment if they have made any (further) use of the Additional Service. If the User breaches this provision, Brodar has the right to charge all reasonable costs incurred by Brodar to have the User fulfill their payment obligation, to terminate the Agreement with immediate effect, to suspend the provision of the Additional Service, to block the User from accessing and using the Service, and/or to postpone the provision of the Additional Services until the User has met their complete payment obligations.
5.6 Amounts paid to Brodar are not refundable and are not transferable to another Account.
5.7 Subscription-based Additional Services will automatically renew at the end of each billing period unless the User cancels prior to the renewal date. The User may cancel their subscription at any time through the App, the Website, or the applicable app store (Apple App Store or Google Play Store). Cancellation will take effect at the end of the current billing period.
5.8 In accordance with EU consumer protection law (Directive 2011/83/EU), the User has the right to withdraw from the purchase of Additional Services within fourteen (14) days of purchase without giving any reason, unless the User has expressly consented to the immediate provision of the digital content and acknowledged that the right of withdrawal is thereby lost. If the User exercises the right of withdrawal before such consent is given, Brodar will refund the amounts paid within fourteen (14) days.
6. Intellectual Property Rights
6.1 Brodar and/or its suppliers reserve all rights not expressly granted to the User in these Terms of Use. The User acknowledges and agrees that — except as specifically set forth in these Terms of Use — Brodar and 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 does they do not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms of Use.
6.2 The User is not permitted to sell, rent out, transfer or grant restrictive rights to the Service, or to make it available to third parties in any way or for any purpose. The User will also refrain from granting third parties access — remotely or otherwise — to the Service or to provide the Service to a third party.
6.3 The User retains all Intellectual Property Rights with regard to the User Content they upload. Brodar does not claim any Intellectual Property Rights that belong to the User. The User grants Brodar a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive right to use User Content they uploaded solely in connection with the Service provided by Brodar by means of the Website.
6.4 The User can control which of their User Content including pictures become publicly visible.
6.5 Brodar may present content, that a User has chosen to make publicly visible, by email to other Users of the Website.
6.6 This license granted in 6.3 ends when the User deletes their User Content or their Account. When the User deletes User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, the User understands and agrees that removed content may persist in caches and/or backup copies for a reasonable period of time (but will not be available to others). The above does not apply to User Content that the User has shared with other (Brodar) Users or third parties. Such User Content has to be deleted by the recipients of such User Content. The User understands and accepts that these recipients may not have deleted such User Content and that the deletion of such User Content is beyond Brodar’s control.
6.7 Brodar does not sell, trade or rent Personal Data of the User to third parties without the User’s prior consent. More information about the manner in which Brodar safeguards and processes Personal Data of its Users can be found in Brodar’s Privacy Statement.
6.8 The User acknowledges and accepts that the User Content they post by means of the Service is accessible and may be used by other Users and such other Users may not use the User Content in accordance with these Terms of Use and/or applicable legislation. Brodar cannot guarantee that other Users will use the User Content in accordance with these Terms of Use and/or applicable legislation. The User will not hold Brodar responsible for the submissions or actions of other Users. Brodar does not accept any liability for any actions of other Users which are in violation of these Terms of Use, the applicable legislation and/or which are otherwise unlawful.
7. Privacy and Data Protection
7.1 During the use of the Service, the User provides Personal Data to Brodar. This Personal Data will be saved and processed in accordance with the Privacy Statement, and the applicable Dutch and European legislation in force from time to time, currently being the European General Data Protection Regulation (GDPR). The User acknowledges and agrees that it is their responsibility to review the Privacy Statement periodically and familiarize themselves with any updates.
7.2 Brodar processes Personal Data on the following legal bases as applicable: (a) the User’s consent; (b) the performance of the Agreement; (c) compliance with a legal obligation to which Brodar is subject; and/or (d) the legitimate interests pursued by Brodar, provided that such interests are not overridden by the fundamental rights and freedoms of the User.
7.3 The User has the following rights under the GDPR with respect to their Personal Data: (a) the right of access; (b) the right to rectification; (c) the right to erasure (“right to be forgotten”); (d) the right to restriction of processing; (e) the right to data portability; (f) the right to object to processing; and (g) the right not to be subject to a decision based solely on automated processing, including profiling. The User may exercise these rights by contacting Brodar using the contact details provided in section 22.
7.4 Brodar will retain Personal Data only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, to resolve disputes, and to enforce agreements. Specific retention periods are set out in the Privacy Statement.
7.5 Where Brodar transfers Personal Data to countries outside the European Economic Area (EEA), it will ensure that appropriate safeguards are in place in accordance with the GDPR, such as Standard Contractual Clauses approved by the European Commission or an adequacy decision.
7.6 Brodar has appointed a Data Protection Officer (DPO) who can be contacted at the address set out in section 22 or via the email address published on the Website.
7.7 Without prejudice to any other administrative or judicial remedy, the User has the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or any other competent supervisory authority if the User considers that the processing of their Personal Data infringes the GDPR.
8. Location Data and Geolocation
8.1 The Service may collect and process the User’s precise or approximate geolocation data to provide location-based features, including but not limited to showing nearby Users and events. The User may enable or disable location services at any time through their device settings or the App’s privacy settings.
8.2 When location services are enabled, Brodar collects geolocation data in accordance with the Privacy Statement. The User acknowledges that their approximate location may be visible to other Users as part of the Service’s core functionality. The User may adjust the precision of their displayed location through the App’s settings.
8.3 Brodar implements technical measures to protect the User’s location data, including but not limited to location fuzzing, encryption in transit and at rest, and access controls. Brodar does not sell precise geolocation data to third parties.
8.4 The User acknowledges that the use of location-based features involves inherent risks. The User is solely responsible for determining the level of location information they wish to share with other Users.
9. Automated Features
9.1 The Service does not employ artificial intelligence or machine learning technologies. The Service uses standard algorithmic processes for purposes such as displaying nearby Users, sorting and filtering search results, content moderation (e.g. automated detection of prohibited content), spam and fraud detection, and delivering notifications. These processes operate on the basis of deterministic rules and User-defined preferences, not predictive modelling or self-learning systems.
9.2 Brodar will inform Users about the main parameters used to determine the order and presentation of content and profiles within the Service, in the manner required by applicable legislation, including the EU Digital Services Act. This information will be made available in the App and on the Website.
9.3 The User may adjust their preferences for how content and profiles are displayed through the App’s settings. Where the Service offers personalized sorting or filtering, the User may opt out and revert to default settings, to the extent technically feasible.
9.4 Brodar does not use automated decision-making that produces legal effects concerning the User or similarly significantly affects the User without human oversight.
10. Content Moderation and Transparency
10.1 In accordance with the EU Digital Services Act (DSA), Brodar maintains transparent content moderation practices. Brodar moderates User Content through a combination of automated tools and human review.
10.2 When Brodar restricts or removes User Content or restricts or suspends a User’s Account, Brodar will provide the affected User with a clear and specific statement of reasons, including: (a) the specific content or behavior at issue; (b) the applicable rule or ground for the action; and (c) information about the available redress mechanisms.
10.3 Users who are affected by a content moderation decision may submit a complaint through Brodar’s internal complaint-handling system within six (6) months of receiving the statement of reasons. Brodar will process such complaints in a timely, non-discriminatory, diligent, and non-arbitrary manner and will inform the complainant of the outcome without undue delay.
10.4 If the User is not satisfied with the outcome of the internal complaint-handling process, the User may refer the matter to a certified out-of-court dispute settlement body, as designated under the DSA.
10.5 Brodar publishes transparency reports on its content moderation activities at regular intervals, in accordance with applicable law. These reports are available on the Website.
11. Safety and Duty of Care
11.1 Brodar is committed to creating a safe environment for its Users. The Service provides in-app safety tools including but not limited to the ability to block, mute, and restrict other Users, and to report inappropriate content or behavior.
11.2 Brodar maintains policies and procedures for handling reports of self-harm, suicide, exploitation, and abuse. Where Brodar becomes aware of an imminent threat to a User’s life or safety, Brodar reserves the right to contact emergency services and/or disclose relevant information to appropriate authorities.
11.3 Brodar cooperates with law enforcement authorities in accordance with applicable law. Brodar may proactively report illegal content or activity to competent authorities where it becomes aware of information giving rise to a suspicion that a criminal offense involving a threat to the life or safety of a person has taken place, is taking place, or is likely to take place.
11.4 Brodar provides Users with access to safety resources, including links to relevant support organizations, through the App and Website.
12. User-to-User Interactions
12.1 Brodar facilitates connections between Users but does not participate in, monitor, or assume any responsibility for communications or interactions between Users, whether online or offline.
12.2 The User acknowledges that Brodar does not conduct criminal background checks, identity verification beyond what is described in section 4.6, or any other screening of Users. The User is solely responsible for taking appropriate precautions when interacting with other Users, including in-person meetings.
12.3 Brodar is not liable for any loss, damage, injury, or harm of any kind arising from User-to-User interactions, whether conducted through the Service or resulting from connections made through the Service. The User agrees to exercise caution and good judgment in all interactions.
12.4 Users must not disclose sensitive Personal Data of other Users obtained through the Service to third parties without the express consent of the User concerned.
13. Report
13.1 In order to stop breaches of any third parties’ rights as soon as possible, Brodar has developed a procedure for reporting allegedly infringing or unlawful User Content. Users can send a Report which should contain the information as stated on the Website.
13.2 Brodar will study the Report. Based on the information in the Report and/or any other information, Brodar can, at its sole discretion, decide to take the measures it deems appropriate, including but not limited to:
• issuing a warning to the responsible User;
• deactivating the responsible User’s Account;
• deleting the responsible User’s Account; and/or
• deleting User Content.
13.3 Brodar reserves the right to forward the Report to the User responsible for the allegedly infringing or unlawful User Content.
13.4 Brodar reserves the right not to meet the requests made in the Report, for instance if it has reasonable grounds to doubt the accuracy of the Report, the validity of the evidence provided or if a balancing of interests requires Brodar to do so. In this context, Brodar may require — for instance — a judicial decision of a competent court in the Netherlands, which judicial decision demonstrates that the material or the activity is manifestly unlawful.
13.5 Brodar will in no event be a party to a dispute between the User and the party that submitted the Report, unless Brodar, at its sole discretion, decides otherwise.
13.6 By issuing a Report, the User will indemnify and hold Brodar harmless against any third-party actions or claims related to the deletion of material or stopping of activities. The indemnification includes all costs and damages Brodar may suffer and has suffered in connection with such action or claim, including — but not limited to — the costs for legal aid.
13.7 Brodar respects and protects the privacy of Users and/or third parties who submit Reports. All Personal Data that it receives with a Report will always be processed in accordance with section 7.
13.8 In accordance with the Digital Services Act, Brodar will confirm receipt of Reports without undue delay and will inform the reporting User of its decision in a timely manner, providing a clear statement of reasons where content is not removed or action is not taken. Trusted flaggers, as designated under the DSA, will be given priority in the processing of Reports.
14. Indemnities and Interruptions
14.1 Brodar does not warrant that the Service will be error free, complete or up-to-date at all times.
14.2 The User agrees that the Service only provides the functionality and other features as found in the Service at the time of use (“as is”). Brodar 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 or phone connection or as a result of viruses and/or faults/defects. Brodar is not liable towards the User for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service.
14.3 Brodar is entitled to change and/or update the Service and replace the design and lay-out of any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
14.4 Brodar is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of Brodar this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure. Force majeure includes — but is not limited to — site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to Brodar of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.
14.5 Brodar does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services — including but not limited to the terms and conditions of Apple and Google — allow the use of and/or interaction with the Service.
14.6 The User is responsible and liable for all use they make of the Service, including but not limited to their use of their Account and/or Profile. The User indemnifies and holds Brodar harmless against any and all claims by third parties in connection with or resulting from the use that the User makes of the Service, a violation by the User of these Terms of Use, and/or any unlawful activities.
15. Limitation of Liability
15.1 Brodar’s liability for attributably failing to perform the Agreement or any unlawful act will be excluded, to the extent allowed by a mandatory or peremptory rule of law.
15.2 The User’s only remedy in the event of an attributable failure or unlawful acts of Brodar, is to discontinue the use of the Service and/or to delete their Account.
15.3 In the event that Brodar is liable for damages under a mandatory or peremptory rule of law, the damage will be limited to an amount of EUR 100.- per event (a series of connected events being considered as one event). In no event will Brodar’s total, aggregate liability, exceed EUR 200.-.
15.4 Brodar’s liability for consequential damages arising out of, or in connection with the Agreement or these Terms of Use, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether the User provides notice to Brodar of such potential injury, damages or loss, is excluded.
15.5 In any event, the User’s right to claim under the Agreement, these Terms of Use, unlawful act or otherwise shall lapse one (1) year after the occurrence giving rise to the claim or action.
15.6 The limitations mentioned in the preceding paragraphs of this section 15 shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by Brodar or its managers.
16. Termination and Remedies
16.1 The User is entitled to terminate the Agreement at any time by discontinuing the use of the Service and/or by terminating the Account.
16.2 In addition to the other remedies available to Brodar, Brodar is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to:
• temporarily or permanently terminate the User’s Account and their use of the Service in the event that Brodar, at its sole discretion, deems such termination necessary, including but not limited to a violation as mentioned in 2.4, 3.4, 4.2 or 14.2;
• (temporarily) restrict or suspend the User’s activities in connection with the Service or to ban a User from the Service;
• ban a User from using the Service and prevent banned Users from creating a new Account and/or delete Accounts created by banned Users;
• (partly) edit, delete or refuse any content or services within the Service as described in 2.3 and/or 14.2.
16.3 All provisions which are meant to survive the termination of the Agreement, including but not limited to all of the User’s representations, warranties and indemnification obligations, shall survive such termination.
16.4 Upon termination or deletion of the User’s Account, Brodar will delete the User’s Personal Data in accordance with its data retention policy as set out in the Privacy Statement and section 7.4 of these Terms of Use, subject to any legal obligations requiring continued retention.
17. Electronic Communications
17.1 By creating an Account, the User consents to receiving electronic communications from Brodar, including but not limited to service-related notifications (such as account verification, security alerts, and changes to the Service) via email, push notification, or in-app message.
17.2 Brodar may send promotional or marketing communications to the User only with the User’s prior consent in accordance with applicable ePrivacy legislation. The User may withdraw consent to marketing communications at any time through the App’s settings or by using the unsubscribe link provided in each marketing communication.
17.3 Service-related communications that are necessary for the provision or security of the Service are not subject to the User’s marketing preferences and will continue to be sent as long as the User maintains an active Account.
18. Non-Discrimination and Inclusivity
18.1 Brodar is committed to providing an inclusive and non-discriminatory Service. Brodar does not discriminate against Users on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or medical condition.
18.2 Users must treat all other Users with respect and dignity. Discriminatory behavior, including but not limited to racist, sexist, transphobic, or ableist conduct, constitutes a violation of these Terms of Use and the Community Guidelines and may result in immediate account termination.
19. Export Control and Sanctions Compliance
19.1 The User represents and warrants that they are not located in, and are not a national or resident of, any country that is subject to comprehensive EU or Dutch trade sanctions, and that they are not listed on any EU, Dutch, or United Nations sanctions list.
19.2 Brodar reserves the right to restrict access to the Service from jurisdictions that are subject to applicable sanctions or export control regulations, and to suspend or terminate Accounts where Brodar has reason to believe that the User is in breach of this section.
20. Third Parties
20.1 Brodar reserves its right to commission third party service providers and their authorized agents to perform and/or enable the performance of any of the services under the Agreement and/or these Terms of Use, either in whole or in part.
20.2 As part of the Service it provides, Brodar pursues fraud identification and prevention. To this end Brodar may provide Personal Data to (a) third part(y)(ies) it hires to perform fraud identification and prevention activities as our processor on its behalf.
20.3 The User is not entitled to transfer their rights and/or obligations under the Agreement or these Terms of Use to a third party.
21. Dispute Resolution
21.1 In the event of a dispute arising out of or relating to these Terms of Use, the Agreement, and/or the use of the Service, the Parties shall first attempt to resolve the dispute amicably through good-faith negotiation within thirty (30) days of written notice of the dispute.
21.2 If the dispute cannot be resolved through negotiation, the Parties may agree to submit the dispute to mediation administered by a recognized mediation institution in the Netherlands, before initiating court proceedings.
21.3 Nothing in this section shall prevent either Party from seeking injunctive or other interim relief from a competent court where necessary to protect their rights.
21.4 For EU-based Users acting as consumers, the European Commission provides an Online Dispute Resolution (ODR) platform accessible at https://ec.europa.eu/consumers/odr. Brodar may, but is not obliged to, participate in dispute resolution proceedings through the ODR platform.
22. Contact
22.1 Any and all correspondence and communication between the User and Brodar may be undertaken in the English language. In case the User does not understand the English language, they must immediately inform Brodar of this.
22.2 Brodar can be contacted by means of the contact details available on the Website.
22.3 For data protection inquiries or to exercise data subject rights under the GDPR, the User may contact Brodar’s Data Protection Officer at the address stated on the Website or by email at the designated data protection email address published thereon.
23. Applicable Law and Competent Court
23.1 These Terms of Use, the Agreement and the use of the Service are governed by the laws of the Kingdom of the Netherlands. The applicability of the Vienna Convention on the Sale of Goods is expressly excluded.
23.2 All controversies, disputes or claims arising out of or relating to these Terms of Use, the Agreement and/or the use of the Service will be exclusively and finally settled by the competent civil court in Maastricht, the Netherlands, unless a mandatory or peremptory rule of (international) law prescribes another competent court.
23.3 The foregoing choice of court shall not deprive any User who qualifies as a consumer under EU law of the protection afforded by the mandatory provisions of the law of the User’s country of habitual residence, nor of the right to bring proceedings in the courts of that country.
24. Definitions
Account: the section created by the User upon registering for the Service, such as a user account which section is maintained by them and which section includes the Personal Data that the User provided during the registration process;
Additional Service: additional, paid services provided by Brodar as described on the Website and app, notably “PRO Upgrade”;
Agreement: the agreement between Brodar and the User for access to and use of the Service and/or Additional Services;
Community Guidelines: the rules and standards for acceptable behavior and content on the Service, as published on the Website and in the App and as amended from time to time;
Credentials: the User’s Profile name and/or E-Mail address and password that are required to access the Account and use the Service;
DSA: the EU Digital Services Act (Regulation (EU) 2022/2065);
GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679);
Intellectual Property Rights: all the intellectual property rights including but not limited to rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how;
Parties: the User and Brodar;
Personal Data: any data that directly or indirectly relates to an identified or identifiable natural person;
Brodar: the private company with limited liability Brodar B.V. operating the app Brodar, having its office at Wim Duisenbergplantsoen 31, 6221SE Maastricht, Netherlands;
Privacy Statement: Brodar’s privacy statement available on the Website;
Profile: the part of the Account which is visible to other Users. The Profile is part of the Account;
Report: the notice which can be used to report infringing User Content, available on the Website;
Service: all services, including Additional Services, provided by Brodar by means of the Website;
Terms of Use: these Terms of Use that apply to any and all use of the Service;
Trusted Flagger: an entity designated as a trusted flagger under Article 22 of the DSA by a Digital Services Coordinator of an EU Member State;
User: the natural person registered for the user Account;
User Content: any content provided by the User by means of the Service, including but not limited to Profile information, forum posts, profiles, images, videos, classified advertisements;
Website: all websites, domains, IP-addresses and all underlying pages thereof, used by Brodar in their performance of the Service.