Terms & Conditions

Terms and Conditions
Last updated: 12 February 2025
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These Terms and Conditions ("Terms") govern your access to and use of the website, platforms, and services (collectively, the "Services") offered by Ginger Technologies B.V. ("Ginger," "we," "us," or "our"), a company registered in the Netherlands (Chamber of Commerce Registration Number: 96299983, located at Morsestraat 6, 5621AM Eindhoven, The Netherlands). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

1. Definitions
For the purposes of these Terms, the following definitions apply:
* "Account" means a registered user account that you may create to access certain features of our Services.
* "Content" means any text, graphics, images, data, audio, video, or other materials made available through our Services.
* "Intellectual Property Rights" means all intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
* "User" or "you" means any individual or legal entity that accesses or uses our Services.
* "Website" refers to any Ginger-operated website or online platform through which our Services are provided.

2. Overview of Our Services
Ginger provides a platform that connects brands with distribution opportunities. We achieve this by sourcing publicly available data to enrich brand profiles and help determine which brands are the best fit for specific distribution channels. Our Services may include data collection, data analysis, profile enrichment, matching services, and other related functionalities.
Our Services are provided on an “as is” and “as available” basis. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Eligibility
* You must be at least 18 years old and possess the legal capacity to enter into these Terms.
* If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
* By using our Services, you represent that you comply with all applicable laws and regulations.

4. User Obligations and Acceptable Use
When using our Services, you agree to:
* Provide accurate, current, and complete information during registration or when requested.
* Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account.
* Use the Services only for lawful purposes and in accordance with these Terms.
* Not engage in any activity that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of the Services.
* Not attempt to access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.

5. Intellectual Property
* All Content, trademarks, logos, service marks, and other intellectual property displayed on our Services are owned by or licensed to Ginger and are protected by applicable intellectual property laws.
* You may view, download, and print content from our Services for your personal, non-commercial use only, provided that you do not modify or delete any copyright or proprietary notices.
* Any unauthorized use of our intellectual property is strictly prohibited without our prior written consent.

6. Third-Party Content and Links
* Our Services may include links to third-party websites, services, or resources. These links are provided solely for your convenience, and Ginger does not endorse or control these third-party sites.
* Your interactions with third-party sites are governed by the third parties’ own terms and policies, and Ginger is not responsible for any content, advertising, products, or other materials on or available from such sites.

7. Data Collection and Privacy
* Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose your personal information.
* By using our Services, you consent to our collection and use of your data as described in our Privacy Policy.

8. Payment, Fees, and Refunds
* Some aspects of our Services may require payment of fees. Any fees applicable to your use of the Services will be described at the time of purchase.
* Payment terms, refund policies, and any subscription arrangements will be clearly communicated at the point of transaction. All payments are processed in accordance with applicable law.
* Ginger reserves the right to modify its fees or introduce new charges upon notice to you, where applicable.

9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GINGER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:
* Any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
* Any warranties arising out of the course of dealing, usage, or trade practices.
* The accuracy, completeness, or reliability of any content or data obtained through the Services.
* That the Services will be uninterrupted, secure, or error-free.

10. Limitation of Liability
IN NO EVENT SHALL GINGER, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
* Your access to or use of, or inability to access or use, the Services.
* Any unauthorized access to or use of our servers and/or any personal information stored therein.
* Any interruption or cessation of transmission to or from the Services.
* Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services.
* Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

11. Indemnification
You agree to indemnify, defend, and hold harmless Ginger, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:
* Your access to or use of the Services.
* Your violation of these Terms or any applicable laws or regulations.
* Any content you submit, transmit, or make available via the Services.
* Any claim that your use of the Services has caused damage to a third party.

12. Termination
* Termination by You: You may terminate your account or discontinue your use of the Services at any time by following the procedures provided on the Website.
* Termination by Ginger: We reserve the right to suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason, including if we determine that you have violated these Terms.
* Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution
* Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws rules.
* Dispute Resolution: Any disputes arising out of or in connection with these Terms or the Services shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.
* Class Action Waiver: You and Ginger agree that any dispute shall be resolved solely on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

14. Modifications to the Terms
* We reserve the right to modify or update these Terms at any time. The revised Terms will be effective immediately upon posting on our Website.
* Your continued use of the Services after any such modifications constitutes your acceptance of the new Terms.
* It is your responsibility to review these Terms periodically to stay informed of any changes.

15. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the parties’ intent.

‍16. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Ginger regarding your use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

17. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
Ginger Technologies B.V.

Morsestraat 6
5621AM Eindhoven
The Netherlands

Chamber of Commerce Registration Number: 96299983

Email: hey@gingerbrands.com