MYLOYA Terms of Use and Digital Legacy Policy

1. Purpose

MYLOYA is LOYA's digital memorial platform.

Via MYLOYA, users can, depending on the available functionalities, store, manage and share photos, videos, documents, stories and other memories with family and friends.

2. Ownership

All photos, videos, documents and other files remain the property of the customer or the rights holder.

By uploading to MYLOYA, the customer grants LOYA only a limited licence to store, secure and make this data available within the platform.

The customer declares that they are entitled to use the uploaded content and make it available to MYLOYA. The licence ends as soon as the data is deleted in accordance with this Policy, unless statutory retention obligations require otherwise. The user declares that they are entitled to upload and share the content. The user is liable for damage suffered by LOYA as a result of an attributable infringement of third-party rights. This does not apply insofar as such liability towards a consumer is unreasonable or excluded by law.

3. Price and contract term

When entering into the agreement, LOYA informs the user whether MYLOYA is offered free of charge, included with a LOYA product or for a separate fee. The contract term, any usage limits and the conditions for termination are also communicated in advance.

4. Privacy

LOYA processes personal data in accordance with its Privacy Statement.

We do not sell personal data to third parties.

5. Security

LOYA takes appropriate technical and organisational security measures and may use various security techniques for this purpose, depending on the state of the art and the nature of the service.

Despite these measures, absolute security can never be guaranteed.

The customer remains responsible for keeping their login credentials confidential.

The customer is also responsible for keeping their contact details up to date.

6. Legacy Contact

Each customer may designate one or more Legacy Contacts.

A Legacy Contact is a person designated by the customer who, after the death of the account holder and after verification by LOYA, may be granted limited or full access to the MYLOYA account.

LOYA reserves the right to require supporting documents before granting access.

LOYA is not obliged to grant access solely on the basis of a designation.

If several persons claim the same account, LOYA may suspend access until there is sufficient clarity about who is authorised.

LOYA is entitled to require additional identification or inheritance documents if, in its opinion, there is reason to do so. LOYA makes its decision solely on the basis of the information and documents available at that time and accepts no liability if it later turns out that this information was incorrect or incomplete. The designation of a Legacy Contact does not constitute a transfer of ownership or inheritance powers. LOYA may restrict access to the content and functionalities for which the account holder has demonstrably given consent.

7. Transfer of the Account

After the death of the account holder, an account may:

• At LOYA's discretion and in accordance with applicable law, be transferred;
• Be converted into a memorial account;
• Be deleted;
• Be archived.

This is done solely in accordance with the wishes of the account holder or, in the absence thereof, in accordance with applicable law.

LOYA is entitled to require proof of death and of authority.

8. Retention period

LOYA retains account data for as long as the account is active.

After termination of the account, account data may be retained for a maximum of twelve months for the purposes of account recovery, service provision or the handling of any questions or disputes, unless a longer retention period is required or permitted by law.

After this period, the account data will be deleted or anonymised.

LOYA may archive or delete a long-term inactive account after the user has been informed in advance at the last known email address and has been given a reasonable period to activate the account or request their content.

9. Deletion of Data

The customer may request that their account or data be deleted.

LOYA will carry out this request insofar as statutory retention obligations or ongoing agreements do not prevent it.

LOYA may refuse or postpone a request if statutory obligations, ongoing proceedings or third-party rights prevent it.

10. Use by Family Members

Where several family members have access to one account, the original account holder remains responsible for managing the access rights.

LOYA is not responsible for disputes between family members about access to an account.

LOYA is not a party to disputes between family members, heirs or other third parties about access to or management of an account.

LOYA is not obliged to independently investigate inheritance claims or family relationships.

LOYA may carry out maintenance without prior notice if this is necessary for the security, continuity or integrity of the platform. LOYA is not obliged to mediate in disputes between family members, heirs or other third parties.

11. Availability

LOYA strives for high availability of MYLOYA.

However, maintenance, security updates or technical malfunctions may lead to temporary interruptions.

LOYA does not guarantee that MYLOYA will be available at all times without interruption, delay or technical malfunctions.

LOYA may change functionalities where there is a valid technical, legal, security or business reason to do so. A change will not entail additional costs without the user's consent. Where a change affects use more than minimally in a negative way, the user will be informed in advance and, insofar as required by law, will have the right to terminate the agreement free of charge.

12. Termination

LOYA may terminate an account in the event of:

• Fraud;
• Misuse;
• Breach of legislation;
• Breach of the terms of use.

LOYA may also terminate an account if this is required by laws and regulations or a court order. LOYA may also temporarily suspend an account if an investigation into possible misuse is necessary. Except in cases of fraud, serious security risks or a legal obligation, LOYA will first give the user a reasonable warning and remedy period. Insofar as required by law, the user will be given the opportunity to request their content before the account is permanently deleted.

13. Intellectual Property

All rights to the software, design, programming and functionalities of MYLOYA belong to LOYA or its licensors.

It is not permitted to copy, reverse engineer or use for AI training any software, source code or parts of MYLOYA without the prior written permission of LOYA. It is also not permitted to use automated systems, including AI, bots or scrapers, to collect data from MYLOYA without prior written permission. It is likewise prohibited to use automated systems to train AI models or similar technologies using data originating from MYLOYA.

14. Governing Law

This Policy is governed by Dutch law. Disputes will be submitted to the competent court in Amsterdam, unless mandatory consumer law designates another competent court.

LOYA may periodically make back-ups to ensure the continuity of MYLOYA. However, restoration of individual files or earlier versions cannot be guaranteed.

15. Back-ups

LOYA may make back-ups for business continuity and security. Back-ups do not constitute a personal archiving service, and restoration of every individual file cannot be guaranteed. Users are advised to keep their own copy of important files.

16. Discontinuation of the Service

If LOYA discontinues MYLOYA in whole or in part, LOYA will inform users a reasonable period in advance. During a communicated period, the user will be given the opportunity to request their own content.

Insofar as required by law, LOYA will, on request, make the content provided or created by the user available free of charge, within a reasonable period and in a commonly used machine-readable format.

After the announced period has expired, LOYA may delete or anonymise data in accordance with the law and the retention policy.

17. Precedence over the General Terms and Conditions

These MYLOYA Terms of Use form part of the agreement for the use of MYLOYA. In the event of any conflict between these terms and the General Terms and Conditions, the specific MYLOYA Terms of Use prevail insofar as they relate to MYLOYA. Mandatory consumer law always continues to apply.

18. Contact

LOYA B.V.

Keizersgracht 520

1017 EK Amsterdam

The Netherlands

info@loya-bv.com

www.loyadiamonds.com