To use the mobile application called “my Goodbye” (hereinafter referred to as: “App”) and the
web application (hereinafter referred to as: “Web Application”), the following conditions apply (hereinafter referred to as:
referred to as “Terms of Use”). The Application is provided by my Goodbye B.V., located at
Houtweg 29 in Laren (1251 NC), registered with the Chamber of Commerce under
registration number 87470187, hereinafter referred to as: “my Goodbye”.
The Application enables Users (hereinafter: “Users”) to express their wishes via the Application
organize and record farewells and inheritances. Via the Application it is possible to:
death to provide information and access to the Confidential Advisors assigned by the User
to provide data of the deceased User.
The capitalized terms in the terms of use have the following meaning.
1.1. Account: the User's personal account through which he or she gains access
the Services.
1.2. App: mobile application that provides User access to the Website via the Website
of the Service.
1.3. Application: the App and the Web Application jointly.
1.4. Service(s): providing a right of use of the Application (which allows the User
to organize and record wishes regarding farewell and inheritance) and
the additional services agreed in these Terms of Use.
1.5. User: any natural person who uses the Application.
1.6. Terms of Use: the present document.
1.7. Intellectual Property Rights: all intellectual property rights including
including but not limited to copyrights, database rights, domain names,
trade name rights, trademark rights, design rights, neighboring rights, patent rights,
as well as rights to know-how.
1.8. Agreement: the agreement between my Goodbye and the User on the basis of which
my Goodbye will deliver the Services to the User and of which the
Terms of use form an integral part.
1.9. Party(s): my Goodbye and User together or separately.
1.10. Written: communication in writing, including communication
by email or via the Account provided the identity of the sender and integrity of the
content is sufficiently established.
1.11. Confidential Advisor: the natural person who is appointed by the User via the Application
designated to process all data entered by the User in the Application
received after the death of the User. A confidential counselor is only referred to as:
designated as such when they assume the role of confidential counselor by email to My
Goodbye accepted.
1.12. Web application: the web application that the User provides access to via the Website
the use of the Service.
1.13. Website: the my Goodbye website, accessible via the domain:
www.mygoodbye.eu, including associated subdomains.
2.1. In order to use the Services, the User must be in possession of
a device with which the User can call the Application. If User the
If you want to use the my Goodbye app, the User can download it from the App
Store or Google Playstore.
2.2. User gains access to the Application by creating an Account and
to log in with it. It is the User's responsibility to always do this
a strong password is chosen. Additionally, use is made of
'two-factor authentication'.
2.3. User can create an Account via the Application. An Account and the
login details are strictly personal and may not be shared with anyone else
person. User must keep the login details confidential.
2.4. If login details of an Account have been lost or leaked, the User will immediately
take all measures that are reasonably necessary and desirable to prevent misuse of it
Prevent account. These measures may, for example, consist of changes
of the password. The User will also immediately report this to my Goodbye, so that
additional measures can be taken to prevent this
misuse of the Account.
3.1. my Goodbye offers a free and a paid license package. In the case User
If you choose the free license package, the Service will be available to the User on a limited basis
and not all functionalities of the Service can be used. If User
If you choose a paid license package, the User can use all
functionalities of the Service.
3.2. These Terms of Use apply to both license packages, unless
otherwise agreed in these Terms of Use.
3.3. The App is provided to the User free of charge via the App Store and/or Google Play Store.
3.4. Reimbursements for paid Services will be made in advance by automatic means
depreciation paid by the User, unless the Parties have agreed otherwise. All
prices are in euros and include taxes.
3.5. The user guarantees that he has sufficient payment at the time of the direct debit
has funds in his account to pay the fee for the Services. The
payments via direct debit are never made without consultation with and
permission from my Goodbye canceled or stopped.
3.6. In the case of an invoice, payments will be made within fourteen (14) days
invoice date, unless otherwise agreed in writing.
3.7. If my Goodbye has not received payment after the due date as referred to in the previous paragraph
received, will, without prejudice to my Goodbye's other rights and remedies,
the statutory commercial interest on the outstanding amount, as referred to in Article 6:119a
BW, are calculated. Furthermore, the User is obliged to pay in accordance with the law
certain judicial and extrajudicial collection costs, including
costs of lawyers, bailiffs and collection agencies.
3.8. If, after the payment term has expired, my Goodbye has not yet received a (complete)
payment has been received, the User is immediately in default, without any prior notice
reminder, summons and/or notice of default is required. From the moment of absenteeism
If the User owes statutory commercial interest, my Goodbye has the right to charge the
to suspend access to the Application in whole or in part and my Goodbye
the right to terminate the agreement.
4.1. The following use of the Services by the User is expressly not permitted:
a. the use involving inappropriate, insulting, threatening, defamatory, hateful
or otherwise unlawful content is used.
b. storing (privacy-sensitive) data from third parties;
c. infringing the rights of third parties, including but not limited to:
exclusively Intellectual Property Rights of third parties;
d. use for purposes other than arranging the farewell and
estate of User.
e. any use that is contrary to laws and regulations.
4.2. If the User acts contrary to the provisions mentioned in the
Terms of use, the my Goodbye reserves the right to make appropriate changes
to take measures, including (temporarily) terminating in any way
the Service and taking legal action against Users, such as recovery
of any damage caused by the violation.
5.1. If this is part of the Agreement, the User can use the Application to make a or
appoint multiple Confidential Advisors and prioritize them.
5.2. The User gives my Goodbye permission to communicate with the user via email or Application.
To provide user-designated Confidential Advisors with access to all information provided by
User entered data in the Application.
5.3. my Goodbye provides the data referred to in the previous paragraph on the basis of
priority of Confidential Advisors that the User has provided in the Application.
If the highest-priority confidential counselor has legal capacity, then
my Goodbye only provides the information to that confidential counselor. If the
highest priority appears to be incompetent, will always be referred to the lower level
prioritized confidential counselor who appears to have legal capacity to handle the data
are provided.
5.4. Received according to the ranking of Confidential Advisors as referred to in the previous paragraph
Confidential counselors a secure document. Furthermore, Confidential Advisors can:
You can also request a secure document from my Goodbye containing the full contents of
the Account of the deceased User is displayed in a clear manner.
Confidential counselor must download the photos and videos separately
personal devices within (3) months after the death of the User. Then
the my Goodbye account data will be automatically deleted. My
Goodbye is under no circumstances liable for damage resulting from the
deletion of data after three (3) months.
5.5. my Goodbye aims to respond within eight (8) hours of receipt of proof of
death of the User to send a secure document to Confidential Advisors
according to the ranking referred to in the third paragraph of this article.
6.1. my Goodbye strives to keep the Application available as much as possible, but
cannot guarantee uninterrupted availability.
6.2. my Goodbye has the right to temporarily disable the Application or parts thereof
to use for maintenance (planned and unplanned), adjustment or
improvement thereof.
6.3. If, in the opinion of my Goodbye, there is a danger to the functioning of the
computer systems or the network of my Goodbye or third parties, for example in the
In the event of a (d)dos attack or malware activities, my Goodbye has the right
to take all measures it reasonably considers necessary to avert the danger
and limit or prevent damage. This may result in limited
availability.
6.4. my Goodbye may from time to time, in its sole discretion, modify the functionality of the
Adjust services in order to improve the Services. This adjustment is also possible
mean that certain functionalities may no longer apply.
6.5. my Goodbye will provide a reasonable level of support to the paying party
User with regard to questions about the use and management of the Services,
as well as technical issues related to the Services.
6.6. The support as described in the previous paragraph is offered via the e-mail
email address: today@mygoodbye.eu during normal office hours. my Goodbye
strives to handle helpdesk requests within a reasonable time. The
time required to resolve notifications may vary.
7.1. my Goodbye releases updates from time to time that may fix bugs or
improve the functioning of the App.
7.2. Available updates for the App will be announced via notification
the App Store and Google Play, where it is your responsibility to receive these notifications
to keep up. The updates are also carried out via this platform, which requires a
active internet connection.
7.3. The installation of updates will only take place with your separate prior consent.
my Goodbye is dependent on the proper implementation of the updates
availability of the App Store and Google Play, which my Goodbye does not have
has control. my Goodbye is not responsible nor liable for a correct
implementation of the updates. No liability exists for damage resulting from
errors that were resolved in an update not installed by the User.
8.1. Nothing in these Terms of Use shall be construed as a transfer of
Intellectual Property Rights from my Goodbye to User. All Intellectual
Ownership rights in the Services remain the exclusive property of
my Goodbye and/or its licensors, unless expressly stated otherwise herein
Terms of Use or in an Agreement between the Parties.
8.2. my Goodbye hereby grants the User the right to use the Services, that
is limited to the license package purchased by the User for the duration of the
Agreement. All licenses granted by my Goodbye are non-exclusive, non-
sublicensable and non-transferable.
8.3. Users have no rights to the source files of the Services, except for the
cases where this is mandatory or my Goodbye in writing
has given permission to Users.
8.4. User will not perform any actions that could infringe the
Intellectual Property Rights of my Goodbye and/or its licensors.
8.5. Information that User stores or processes via the service is and remains your property (or
that of your suppliers). my Goodbye hereby obtains a limited right of use
to use this information for the Service, including for future aspects
of that.
8.6. my Goodbye will not take note of any data that the User stores and/or
distributes via the Application, unless this is necessary for good service or
my Goodbye is obliged to do so by virtue of a legal provision or judicial decision
command. In that case, my Goodbye will make every effort to take note of the data
to limit as much as possible, as far as this is within his power.
9.1. With regard to Users who purchase a free license, the liability of
my Goodbye for damage or claims based on an attributable shortcoming in the
fulfillment of the agreement, an unlawful act or any other
any form of damage, completely excluded.
9.2. Liability applies to Users who purchase a paid license
from my Goodbye for damage or other claims based on an attributable
shortcoming in the performance of the agreement, an unlawful act or
on any other basis, per event (involving a series of related events).
events counts as one event) limited to the amounts (excluding VAT) that
User owes my Goodbye over a period of twelve (12) months
prior to the occurrence of the damage and up to a maximum of 250 euros per
years.
9.3. If the damage, as referred to in the previous paragraph, occurs within twelve (12) months after
the effective date of the Terms of Use, in deviation from the previous paragraph, applies
my Goodbye's liability is limited to the amount (excluding VAT) that
User is expected to owe during the first twelve (12)
months from the effective date.
9.4. Any limitation or exclusion of liability agreed between the Parties
does not apply if and insofar as (i) the damage is the result of intent or deliberate action
recklessness of the Party causing the damage, (ii) the damage is the result of death
or personal injury, or (iii) the limitation or exclusion would otherwise conflict
applicable laws and regulations.
10.1. If my Goodbye processes personal data in the provision of Services, it states
The User guarantees to my Goodbye that the processing of personal data does not
infringe any right of a third party and is not unlawful within the meaning of the
applicable privacy laws and regulations.
10.2. When using the Service, personal data of Users is processed.
Please refer to the privacy statement in the Application or on the Website for more information.
10.3. my Goodbye will adequately protect the Service against misuse and unauthorized access
access to your data. The user can obtain further information about this at my Goodbye
request.
11.1. The duration of these Terms of Use is equal to the duration of the Agreement.
Interim termination of these Terms of Use by the User is not permitted
Allowed. If the Parties do not terminate prematurely, the Agreement will be terminated
tacitly renewed under the same conditions and for the same period for which
this was initially entered into.
11.2. Parties can only terminate the Agreement at the end of the term of the Agreement
Cancel the agreement with a notice period of thirty (30) days
from the moment of cancellation.
11.3. If the Agreement comes to an end, for whatever reason, the User may
no longer use the Service. The user reserves the right to 3
months after termination of the Agreement all up to the termination of the
Agreement to view and store information entered by the User. Inside
During this period, the User can request information from my Goodbye in a
secure document to the User via e-mail. my Goodbye is
entitled to charge reasonable costs to the User for this. After
expiry of the period referred to in this paragraph, my Goodbye is entitled to
Delete user entered data. my Goodbye is by no means
liable for loss of data after the expiry of the aforementioned
term after termination of the Agreement.
12.1. my Goodbye may change or supplement these Terms of Use at any time. My
Goodbye will notify changes or additions at least (30) thirty days in advance
announce its entry into force via the Application or by email.
12.2. Users who purchase a paid license and make changes or additions to the
do not want to accept the Terms of Use, you can cancel the Agreement until
the date on which the changes will take effect.
12.3. Use of the Service by the User after the date of entry into force applies
acceptance of the amended or added terms of use.
13.1. These Terms of Use are governed by Dutch law.
13.2. All disputes arising from these Terms of Use will be settled
submitted to the competent Dutch court for the district of
location of my Goodbye. The user has the right to object in writing
to the execution of this clause within a period of one (1) month after My
Goodbye has invoked this clause, as a result of which the dispute is settled by
the competent court according to the law.
13.3. If any provision of these Terms of Use proves to be void, this will not affect the
validity of the entire Terms of Use. In that case, the parties will
replace (a) new provision(s), with which as much as is legally permitted
possible to give shape to the intention of the original Terms of Use
is given.
13.4. my Goodbye may exercise its rights and obligations under these Terms of Use
transfer to a third party that carries out the relevant business activities or the
takes over the copyright on my Goodbye from her.
Now downloadable in the Appstore or Google Play Store
