Last modified on 15 October 2026.
These Terms apply to every use of the Platform. WallClaimer keeps the previous version available on the Website.
These terms and conditions of use (the Terms) govern the relationship between WR Solutions BV trading as BlueHouse and as BlueHouse Projects (WallClaimer, we, us or our), and the Users of the Platform. Please read them carefully before you create an Account or use the Platform. These Terms are made available on the Website in a form that allows you to store and reproduce them. By creating an Account or using the Platform, you accept these Terms.
WallClaimer lets Users send images to one another, and to share them in a Group, so that they are displayed directly on the recipient's phone wallpaper or in a home-screen widget. WallClaimer's role in relation to that content is explained in Article 2.
1.1. In these Terms, the following capitalized terms have the following meaning:
Account: the personal user profile that a User creates to access the Platform.
App: the mobile and desktop application WallClaimer, made available via the Apple App Store, the Google Play Store, the Microsoft Store or any other distribution channel designated by WallClaimer.
Claim: an image, together with any accompanying text, that a User sends to another User or shares in a Group through the App with the intention that it be displayed as the wallpaper, or in a home-screen widget, on the device of each User to whom it is sent or with whom it is shared, as further described in Article 5.
Comment: a text reaction that a User places on a Claim shared in a Group, where the App makes that functionality available.
Community Guidelines: the conduct and content rules published by WallClaimer on the Platform, which give further detail to the conduct rules in Article 6.
Connection: the link between two Users that arises once a friend request sent by one of them has been accepted by the other.
Consumer: a User acting for purposes which are outside that User's trade, business, craft or profession.
Content: all Claims, images, text, messages, Comments and other information that a User uploads, sends, or otherwise makes available on or through the Platform.
Group: a shared space within the App of which two or more Users are a member, in which a member can share a Claim with, and view the Claims shared by, the other members.
Pro Feature: any paid functionality of the App referred to in Article 11.
Terms: these terms and conditions of use, including the Community Guidelines.
User / you / your: any natural person who visits or uses the Platform, or who creates an Account.
Platform: the App, the Website, and all related online services and functionalities of WallClaimer, together and separately.
Privacy Policy: the privacy notice published by WallClaimer at https://wallclaimer.com/PrivacyPolicy.html, as amended from time to time.
WallClaimer / we / us / our: WR Solutions BV, a private limited liability company (“besloten vennootschap”) incorporated under Belgian law, with registered office at Ruisbroekstraat 34a, 3360 Bierbeek, Belgium, registered with the Crossroads Bank for Enterprises under number BE0792211569, trading as BlueHouse and as BlueHouse Projects.
Verified Profile: an Account to which WallClaimer has assigned a verification marker as referred to in Article 4.7.
Website: the website www.wallclaimer.com and any other website operated by WallClaimer or through which WallClaimer offers the Platform.
1.2. Terms in the singular include the plural and vice versa. Article headings are for convenience only and do not affect interpretation. A reference to an Article is a reference to an Article of these Terms, and a reference to legislation is a reference to that legislation as amended, extended or replaced from time to time. Where “including” or “in particular” is used, this is read as “including, without limitation”.
2.1. WallClaimer operates the Platform: an application that lets Users send Claims to one another and share Claims in a Group, which are then displayed on the recipient's phone wallpaper or in a home-screen widget. Our contact details are set out in Article 20.
2.2. In relation to Content that Users upload, send, or otherwise make available through the Platform, WallClaimer's role is that of a hosting service provider within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act), and not that of an online platform within the meaning of Article 3(i) of that Regulation: a Claim is disseminated only to the User or Users to whom it is sent or with whom it is shared, and not to the public. We do not create, select, or verify Content before it is transmitted, and we store and transmit Content at the request of the User who uploads or sends it. We do not rank, recommend or otherwise prioritize Content by automated means, and we do not present Users with a selection of Content made by us.
2.3. WallClaimer is not a party to, and does not mediate, any dispute between Users that arises outside the Platform.
3.1. These Terms apply to every use of the Platform and to every Account.
3.2. By creating an Account or using the Platform, you confirm that you have read and accept these Terms. If you do not accept these Terms, you must not create an Account or use the Platform. WallClaimer records which version of these Terms you accepted and the date of acceptance.
3.3. The Community Guidelines form an integral part of these Terms. In the event of a conflict, the following order of precedence applies, the document listed first prevailing: (a) the specific terms of a Pro Feature referred to in Article 11; (b) these Terms; and (c) the Community Guidelines. The Privacy Policy does not form part of these Terms. It is the information WallClaimer provides under data protection law about how it processes personal data, and nothing in these Terms limits or replaces it.
3.4. Deviations from these Terms are only valid if WallClaimer has expressly agreed to them in writing.
4.1. The Platform is intended only for persons who are 16 years of age or older.
4.2. By creating an Account, you confirm that you meet that age requirement. Where WallClaimer establishes, or reasonably suspects, that an Account was created by a person below that age, it suspends the Account with immediate effect and, unless the holder demonstrates within a reasonable period that the age requirement is met, terminates and deletes it.
4.3. WallClaimer establishes your age on the basis of the confirmation referred to in Article 4.2 and does not currently operate a further age verification mechanism. Where mandatory law requires a stricter form of age verification for the Platform, or for a category of Content, WallClaimer implements that mechanism and may make access to the Platform, or to that category of Content, conditional on it.
4.4. An Account is strictly personal. You undertake to provide accurate, complete and current information when registering and to keep it up to date, and not to create more than one Account, unless WallClaimer has agreed to this in writing in advance.
4.5. You keep your login credentials confidential, do not share your Account with third parties, and inform WallClaimer without delay if you know or reasonably suspect that your Account or credentials have been misused or compromised.
4.6. You are responsible for actions carried out through your Account to the extent they are attributable to you, in particular where they result from a failure to comply with Article 4.5. You are not responsible for use of your Account by a third party which is not attributable to you.
4.7. WallClaimer may assign a verification marker to an Account, which then constitutes a Verified Profile. A verification marker reflects a limited check only. It does not constitute confirmation by WallClaimer of the identity of the User concerned, of any capacity or authority that User claims, or of the lawfulness or accuracy of that User's Content, and you may not rely on it as such confirmation. WallClaimer may refuse, suspend or withdraw a verification marker on reasonable grounds and, except where immediate action is necessary, on prior notice. No entitlement to compensation arises from a refusal, suspension or withdrawal made in accordance with this Article.
5.1. The App lets you send a Claim, being an image and any accompanying text, to another User with whom you have a Connection, or to a Group of which you are a member. A Connection arises once a friend request sent by one User has been accepted by the other. Once the Claim has been accepted, it is displayed directly on the recipient's phone wallpaper or in a home-screen widget, in accordance with the functionality made available in the App at the relevant time. A Claim changes your wallpaper or widget only where you have granted the App the necessary permission on your device and have enabled that display in the App. You may withdraw that permission at any time in your device settings, and may disable or restrict the display in the App, including in respect of a specific Connection or Group. Withdrawing permission or disabling display does not by itself delete Claims already received.
5.2. Before you send a Claim, the App lets you adjust and decorate the image and add an accompanying message to it. The editing options available in the App may change over time. You remain responsible for the image as edited, in accordance with Article 7.
5.3. You can create a Group or become a member of a Group. A Claim that you share in a Group is visible to every member of that Group, and every member can save it as set out in this Article. When you share a Claim in a Group, you take into account that you do not control who is or becomes a member of that Group. You may leave a Group at any time, and may disable the display of Claims shared in a Group on your wallpaper or widget while remaining a member. WallClaimer may remove a Group, restrict access to it, or remove Content from it, in accordance with Article 9.
5.4. Where the App makes that functionality available, you can place a Comment on a Claim shared in a Group. A Comment is Content and is visible to every member of the Group concerned.
5.5. The image in a Claim remains available in the App for a period of 30 days from the moment the Claim is sent. After that period the image is deleted automatically and can no longer be retrieved or displayed, including by the sender. WallClaimer may nevertheless retain an image beyond that period where it must do so to comply with a legal obligation, or where the image is subject to a retention hold in connection with a report or moderation file under Article 8 or Article 9 or with a request of a competent authority, as set out in the Privacy Policy, in which case the image is no longer available in the App. The record that a Claim was made, being the sender, the recipient or Group and the date, remains visible in the App after that period. A recipient can save the image to their own device before the end of that period, in which case the saved copy is outside WallClaimer's control. WallClaimer may offer a longer availability period as a Pro Feature, in accordance with Article 11, provided that the image in a Claim is in any event deleted no later than 365 days from the moment the Claim is sent.
5.6. You can also share an image to the App from another application on your device, using your device's native share functionality.
5.7. A recipient may decline a Claim, and may block a sender from sending further Claims, at any time using the functionality provided in the App. You can also refuse a friend request and, where the App makes that functionality available, prevent the User concerned from sending you a further friend request.
5.8. By sending or sharing a Claim, you grant each User to whom it is sent or with whom it is shared a non-exclusive, royalty-free license to display that Claim on their device and, where the App allows this, to save a copy of the image to their device, in each case for that User's personal, non-commercial use only. That license does not permit any further distribution or publication, which remains prohibited under Article 6.2.
6.1. You use the Platform with respect for other Users, for WallClaimer's staff, for the law, for public order and for accepted standards of decency.
6.2. It is prohibited to use the Platform to:
(a) harass, threaten, stalk, intimidate or unwantedly approach another person in a sexual manner (Harassment);
(b) post or send hateful, discriminatory, racist, inciting, violent or defamatory content (Hate Speech);
(c) post, send or share sexually explicit or pornographic content, or other content that is manifestly unsuitable for minors (Adult Content);
(d) post or send content that is illegal under applicable law, including content that depicts or facilitates a criminal offence (Illegal Content);
(e) infringe the intellectual property rights, portrait rights or other rights of a third party (IP Infringement);
(f) send unsolicited commercial messages, or use the Platform for spam, phishing or fraudulent purposes (Spam);
(g) post or send content that promotes, encourages or provides instructions for suicide or self-harm (Suicide or Self-Harm);
(h) distribute, publish, or use outside the Platform, personal data, images, messages or other information of another User without that User's consent;
(i) impersonate another person, or a representative of WallClaimer;
(j) provide false information when registering or in your Account;
(k) circumvent or breach the security of the Platform, distribute malicious software, or use the Platform in a way that could impair or damage its operation;
(l) use automated means, including bots, crawlers and scrapers, to access the Platform or to extract data from it;
(m) circumvent a block, restriction or termination imposed by another User or by WallClaimer, including by creating a further Account or using another Account for that purpose;
(n) use the Platform for commercial or advertising purposes, or make the Platform available to a third party, except where WallClaimer has agreed to this in writing; or
(o) otherwise use the Platform for an unlawful purpose or in breach of the Community Guidelines.
6.3. The Platform is not intended for Adult Content. A Claim is displayed directly on the recipient's device, the Platform is open to Users below the age of majority, and WallClaimer does not operate an age verification mechanism, as set out in Article 4.3. Adult Content is therefore prohibited on the Platform, including where it is shared in a Group, and including where the recipient has asked for it or has consented to receiving it. WallClaimer removes Adult Content of which it becomes aware and may take any measure set out in Article 9 in respect of the Account concerned.
6.4. The categories in brackets in Article 6.2 correspond to the categories available in the Platform's in-app reporting function, described in Article 9.
6.5. You report serious matters that come to your attention on the Platform through the reporting mechanism in the App or via report@wallclaimer.com, in accordance with Article 9. WallClaimer is not an emergency service and does not supervise what happens between Users off the Platform. In an emergency or in the event of a criminal offence, contact the emergency services immediately.
7.1. You remain responsible for the Content that you upload, send, or otherwise make available on or through the Platform. WallClaimer is not responsible for the accuracy, completeness, reliability or lawfulness of Content.
7.2. You represent and warrant that you hold all rights and consents necessary to post your Content and to grant WallClaimer the license in Article 7.3, including the consent of any identifiable third party depicted in an image you send, and that your Content does not infringe the rights of any third party, including intellectual property rights, portrait rights and the right to protection of personal data.
7.3. You grant WallClaimer a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display and technically adapt your Content, including by resizing, cropping and re-encoding it so that it can be displayed on a recipient's wallpaper or widget, in each case only to the extent necessary to operate, secure and moderate the Platform and to comply with a legal obligation. That license is sub-licensable only to WallClaimer's hosting, infrastructure, content delivery and moderation service providers for those same purposes, and is transferable only together with a transfer permitted under Article 19.3. It applies for as long as the Content remains on the Platform, and thereafter only for as long as is necessary for back-ups, for a moderation file under Article 9 or for compliance with a legal obligation. WallClaimer does not use your Content for advertising, marketing or promotional purposes, whether on or outside the Platform, without your separate, prior and specific consent.
7.4. WallClaimer is not obliged to review Content in advance and is not under a general obligation to monitor Content (Article 8 of the Digital Services Act). Apart from the automated check described in Article 8.5, which is a specific measure aimed solely at detecting known CSAM, Content is not reviewed before it is sent. WallClaimer is, however, entitled to review Content and, in accordance with Article 9, to remove it or make it inaccessible.
7.5. WallClaimer is not a storage service and does not guarantee that Content can be restored or returned to you. You keep your own copy of any Content you wish to retain. The image in a Claim is in any event deleted after the period set out in Article 5.5, and WallClaimer cannot restore it after that period.
8.1. WallClaimer applies a zero-tolerance policy towards child sexual abuse and exploitation (CSAE) and towards child sexual abuse material (CSAM) on the Platform, including the App. This Article constitutes WallClaimer's publicly accessible child safety standard. The measures by which WallClaimer gives effect to that policy are set out in Article 8.5. The automated check described in Article 8.5 is a voluntary and specific measure, limited to comparing images with material already classified as CSAM; it does not mean that WallClaimer otherwise monitors or reviews Content. WallClaimer does not represent that those measures detect every instance of CSAM or CSAE.
8.2. CSAE includes any content or conduct that sexually exploits, abuses or endangers a minor, including grooming, sextortion, trafficking for sexual exploitation, and any other form of sexual exploitation of a minor. CSAM includes any visual depiction, including photographs, videos and computer-generated images, in which a minor engages in or is subjected to sexually explicit conduct.
8.3. The Platform is intended only for persons who meet the minimum age set out in Article 4.1. An Account that WallClaimer establishes, or reasonably suspects, belongs to a person below that minimum age is dealt with in accordance with Article 4.2, subject to the retention described in Article 15.5. In this Article 8, minor means any person below the age of 18, irrespective of the minimum age set out in Article 4.1.
8.4. It is strictly prohibited to use the Platform to: possess, upload, share, distribute, offer, request, or link to CSAM; approach, persuade or manipulate a minor with a view to sexual contact, sexual images or sexual exploitation; sexualize, sexually depict or describe a minor, or share content that incites this; threaten or blackmail a minor with sexual images or recordings; facilitate, incite or broker trafficking, prostitution or any other form of exploitation of a minor; or engage in any other conduct falling within CSAE.
8.5. Every image sent through the App is automatically checked before it is delivered, using Shield by Project Arachnid, a program of the Canadian Centre for Child Protection Inc. (C3P), which compares the image with material that C3P has already classified as CSAM or as harmful-abusive material of children. Where the check returns a match, the Claim is not delivered, WallClaimer does not store the image, and the sending Account is blocked automatically. That check identifies material that C3P has already classified. It does not identify previously unknown material, and it does not identify conduct that takes place through text, or through images that are not sent through the App, such as grooming. WallClaimer also provides an in-app reporting mechanism that lets any User report Content or conduct without leaving the App. Every report concerning CSAM or CSAE is reviewed by WallClaimer and is dealt with as a matter of priority. Reports can also be sent to csam@wallclaimer.com.
8.6. WallClaimer carries out the check described in Article 8.5 in reliance on Regulation (EU) 2021/1232, as extended, which provides for a temporary derogation from Directive 2002/58/EC permitting providers to use technologies for the detection of child sexual abuse material, and applies the safeguards required under that derogation, including human confirmation before material that has not previously been classified as CSAM is notified to an authority, a record of each detection, and the right of a User whose Content or Account is affected to contest the outcome under Article 9.6. If that derogation ceases to apply, or ceases to cover the check described in Article 8.5, WallClaimer reassesses that check and adapts or discontinues it.
8.7. As soon as WallClaimer becomes aware of CSAM or of conduct falling within CSAE, it will: (a) immediately remove or disable access to the relevant Content; (b) immediately suspend and permanently terminate the Account concerned; (c) notify the confirmed CSAM or CSAE without undue delay to the competent Belgian police services or public prosecutor, or to Child Focus, providing the information available to it; (d) retain the data and metadata necessary for that notification, for handling any contestation and for responding to requests of the competent authorities, for no longer than 12 months from the detection or report unless a competent authority requires a longer period, as set out in the Privacy Policy, it being understood that WallClaimer does not store an image that results in a match under the automated check described in Article 8.5; and (e) cooperate with any investigation by the competent authorities within the limits of applicable law, it being understood that WallClaimer discloses data to an authority outside the European Economic Area only on the basis of a procedure recognized under Belgian or European Union law.
8.8. WallClaimer's child safety point of contact is Roeland, reachable via csam@wallclaimer.com.
9.1. Any User or third party can report Content, conduct or an Account through the in-app reporting mechanism, using one of the following categories: Harassment, Hate Speech, Illegal Content, Adult Content, IP Infringement, Spam, Suicide or Self-Harm, or Other. A report should contain: (a) a sufficiently substantiated explanation of why the Content or conduct is unlawful or breaches these Terms; (b) a clear indication of where it can be found in the App, such as the Claim, Comment, Group or Account concerned; (c) the name and e-mail address of the person making the report, except where the report concerns child sexual abuse material or other conduct falling within Article 8; and (d) a confirmation that the person making the report believes in good faith that the information in it is accurate and complete. WallClaimer confirms receipt of a report without undue delay and notifies the person making the report of its decision. Where a User repeatedly submits reports that are manifestly unfounded, WallClaimer may, after warning that User, suspend the processing of further reports from that User for a reasonable period.
9.2. WallClaimer handles reports within a reasonable time and in a careful, non-arbitrary and objective manner. Reports are assessed by or on behalf of WallClaimer; no fully automated decision-making is used for that assessment, save for the automatic CSAM hash-matching described in Article 8. WallClaimer communicates its decision, and a clear and specific statement of the reasons for it, to the User concerned whenever it removes Content, restricts its visibility, suspends or terminates an Account, or otherwise takes a measure under Article 9.3. That statement identifies the measure taken and its territorial and temporal scope, the facts and circumstances relied on, whether automated means were used, the ground relied on and why the Content or conduct is considered to fall within it, and how the decision can be contested under Article 9.6 and Article 18.
9.3. Depending on the seriousness of the established breach, WallClaimer may, among other things: remove or disable access to Content; remove a Group or restrict access to it; issue a warning; restrict certain functionalities of the Platform; restrict the visibility of an Account or of Content; temporarily suspend an Account; permanently terminate and delete an Account; or refuse a new registration by the person concerned.
9.4. WallClaimer chooses a measure that is proportionate to the established breach. Except in the cases referred to in Article 9.5, the User concerned is given the opportunity to state their position before an Account is permanently terminated.
9.5. In the case of serious matters, WallClaimer may act immediately and without prior warning. Serious matters include CSAE and CSAM as defined in Article 8, a reasonable suspicion that a User is a minor, threats, violence, sexual harassment, stalking, identity fraud, the distribution of another User's personal data, and any conduct that poses a risk to the safety of other Users.
9.6. You can contest a decision by WallClaimer via support@wallclaimer.com. You can do so for a period of six months from the date on which you are notified of the decision. WallClaimer examines the matter, does not decide it solely by automated means, and communicates its reasoned decision within a reasonable time. This procedure does not affect your right to bring the matter before a court or another competent body under Article 18. WallClaimer's point of contact for matters arising under the Digital Services Act is set out in Article 20.
9.7. A measure taken in accordance with this Article does not give rise to any entitlement to compensation. This Article does not exclude WallClaimer's liability for a measure taken in breach of this Article, and applies without prejudice to Article 14.4.
9.8. Where WallClaimer becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, it informs the competent law enforcement or judicial authorities and provides the information available to it.
10.1. All intellectual property rights in the Platform, including the App, the Website, the software, the databases, the design, the texts, the images, the trademarks, the logos and the trade names, belong to WallClaimer or to its licensors. Nothing in these Terms transfers any intellectual property right.
10.2. WallClaimer grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Platform for your personal, non-commercial use, in accordance with these Terms. The license is granted for as long as your Account exists and is conditional on your compliance with these Terms. It ends automatically when your Account is terminated.
10.3. Without WallClaimer's prior written consent, you may not: reproduce, distribute, publish, modify or create derivative works of the Platform or any part of it; extract, collect or reuse data from the Platform by automated means; decompile or reverse engineer the Platform, except to the extent mandatory law allows this; use content from the Platform as input, training, fine-tuning or evaluation data for an artificial intelligence system or any other machine-learning system; circumvent or disable a technical protection measure or access restriction in the Platform; remove or alter a proprietary or attribution notice; or use WallClaimer's trademarks, logos or other distinctive signs.
10.4. Where you provide WallClaimer with feedback, suggestions or ideas about the Platform, you do so on a non-confidential basis and WallClaimer may use these free of charge, worldwide and without time limitation for the further development of the Platform, without any compensation or right arising for you as a result.
10.5. The Platform includes third-party and open-source components. Those components are made available to you under their own license terms, which prevail over Article 10.2 and Article 10.3 in respect of those components. WallClaimer makes the applicable notices available on request.
11.1. Use of the Platform is, at the date of these Terms, free of charge. WallClaimer does not charge for access to the Platform.
11.2. WallClaimer may, from time to time, offer Pro Features, including, for example, a longer availability period for the image in a Claim than the period set out in Article 5.5, within the maximum of 365 days set out in that Article, automatic saving of received images to your device's photo gallery, control over the times at which a Claim may change your wallpaper or widget, and a one-time payment that grants access to certain premium functionalities for the lifetime of the Platform. WallClaimer may also introduce other paid functionalities, subscriptions or in-app purchases in the future.
11.3. Where a Pro Feature is offered against a one-time payment described as lifetime or permanent access, that access lasts for as long as WallClaimer offers the Platform. If WallClaimer discontinues the Platform, or discontinues that Pro Feature other than by replacing it with a materially equivalent functionality, within three years of your purchase, it refunds the part of the amount you paid that is proportionate to the unexpired part of that three-year period. Article 12.2 and Article 15.3 apply subject to this Article.
11.4. Each Pro Feature is clearly marked as paid on the Platform, stating the price including VAT and any additional costs, its essential characteristics, its duration, whether it renews automatically, and how it can be terminated, in each case before you complete the purchase.
11.5. A Pro Feature is only concluded once you have expressly accepted it and confirmed the payment obligation. WallClaimer will then provide you with confirmation on a durable medium.
11.6. As a Consumer, you have a right of withdrawal of fourteen calendar days for a distance contract relating to a Pro Feature, running from the day after the contract is concluded. You can exercise that right by an unambiguous statement addressed to withdrawal@wallclaimer.com. WallClaimer will make the statutory model withdrawal form available on the Website.
11.7. For the supply of digital content not delivered on a tangible medium, the right of withdrawal lapses once performance has begun with your prior express consent and you have acknowledged that you thereby lose your right of withdrawal. WallClaimer will expressly request that consent and that acknowledgement at the time of purchase.
11.8. Payments are made through the payment functionality of the relevant app store or through a payment service provider designated by WallClaimer. WallClaimer does not store payment card details. Where you purchase a Pro Feature through an app store, that purchase is processed by the app store and its purchase, billing, cancellation and refund terms apply to it, and a request for cancellation or refund of that purchase should be addressed to the app store. This does not affect your rights under Article 11.6, Article 11.7 or mandatory law.
11.9. Where a Pro Feature is supplied against recurring payments, WallClaimer may change the price with effect from the start of the next renewal period on at least 30 days' prior notice, and you may terminate the Pro Feature before that change takes effect. Where a Pro Feature renews automatically, WallClaimer notifies you before the renewal takes effect of the renewal and of how to prevent it, and you may terminate the renewed Pro Feature at any time thereafter on one month's notice.
11.10. In the event of a conflict between these Terms and the specific terms of a Pro Feature, the specific terms prevail on the points they expressly address.
12.1. WallClaimer uses reasonable efforts to keep the Platform available, but does not guarantee that it will function without interruption, errors or malfunctions at all times.
12.2. WallClaimer may temporarily take the Platform out of service for maintenance, adjustments, updates or improvements, and may add, modify or discontinue functionalities. Where WallClaimer discontinues a functionality that forms part of a Pro Feature for which you have paid, Article 11.3 applies and, in the case of any other Pro Feature for which you have paid, WallClaimer refunds the part of the amount you have paid that relates to the period after the discontinuation. WallClaimer gives advance notice of planned interruptions and of the discontinuation of a functionality wherever reasonably possible.
12.3. You are responsible for the equipment, software, internet connection and related costs needed to use the Platform, and for installing updates in a timely manner.
12.4. Downloading and using the App may be subject to the terms of the relevant app store. Those terms apply in addition to these Terms and fall outside WallClaimer's responsibility.
12.5. WallClaimer may require you to use a minimum version of the App, and the Platform may not function, or may not function fully, on a version of the App or of your device operating system that WallClaimer no longer supports. WallClaimer makes available the updates necessary to keep the Platform in conformity.
13.1. WallClaimer processes personal data in accordance with applicable data protection law and with the Privacy Policy, available via https://wallclaimer.com/PrivacyPolicy.html .
13.2. You use the personal data of other Users only within the Platform and for the purpose for which it was shared. Any use outside that scope is at your own responsibility. Where that use falls outside the exemption for purely personal or household activity, you act as a controller in respect of that processing and are responsible for complying with data protection law.
14.1. WallClaimer undertakes a best-efforts obligation in relation to the Platform. WallClaimer does not undertake an obligation of result as to the number, nature or quality of the contacts or exchanges that take place through the Platform.
14.2. Subject to Article 14.4, WallClaimer is not liable for damage resulting from: Content or information provided by Users; the conduct or omission of another User or a third party, during or after a contact that arose through the Platform; the temporary or permanent unavailability of the Platform or of a functionality; the loss, damage or unavailability of Content or other data, except to the extent attributable to a fault of WallClaimer; and indirect damage and consequential loss, in each case to the extent mandatory law allows such exclusion.
14.3. Subject to Article 14.4, WallClaimer's total liability is limited to the amount paid out in the relevant case by its insurer, or, in the absence of such a pay-out, to EUR 2,500 per event giving rise to damage and EUR 5,000 per calendar year. Where you have paid for a Pro Feature, the limit for a claim relating to that Pro Feature is in no event lower than the amount you paid for it in the twelve months preceding the event giving rise to the damage.
14.4. Nothing in these Terms limits or excludes WallClaimer's liability for fraud, for its intentional fault, for its gross negligence, for damage to a person's life or to a person's physical or psychological integrity, or for any other liability that cannot be limited or excluded under mandatory law. Your statutory rights as a consumer remain fully applicable.
14.5. You indemnify WallClaimer against third-party claims arising from your Content, from your use of the Platform in breach of Article 6, or from your unlawful conduct on the Platform. WallClaimer notifies you of such a claim without undue delay, does not settle it without your consent, which you may not unreasonably withhold, and gives you the opportunity to be involved in its defense. This indemnity does not apply to the extent the claim results from a fault of WallClaimer, and applies only within the limits allowed by mandatory law.
14.6. A claim relating to the Platform may only be brought against WallClaimer and not against its directors, staff, appointees or subcontractors in their personal capacity. Each of those persons may in any event invoke the exclusions and limitations of liability in these Terms against you, whether the claim is contractual or extra-contractual, and this Article is stipulated for their benefit. This does not apply to fraud, intentional fault or gross negligence of the person concerned, to damage to a person's life or to a person's physical or psychological integrity, or to any liability that cannot be excluded under mandatory law.
15.1. These Terms apply for an indefinite period, from the creation of your Account until it is terminated.
15.2. You can delete your Account at any time and without giving reasons, using the functionality provided for that purpose in the App. You can also request deletion via the in-app delete button or via deleteme@wallclaimer.com .
15.3. WallClaimer may terminate these Terms and your Account with 30 days' notice, without any right to compensation arising from this. Where you have paid for a Pro Feature that extends beyond the date of termination, WallClaimer refunds the part of the amount you have paid that relates to the period after that date, and Article 11.3 applies to a Pro Feature purchased against a one-time payment. WallClaimer may also terminate your Account where it has not been used for two consecutive years, after notifying you by e-mail at least 30 days in advance; you can prevent this by logging in to your Account before the end of that period. This does not apply to an Account through which a Pro Feature is active or has been purchased against a one-time payment for lifetime access.
15.4. WallClaimer may suspend or terminate your Account with immediate effect in accordance with Article 9.
15.5. On termination of your Account, you lose access to the Platform and your Content is deleted or made inaccessible, except to the extent WallClaimer must or may retain data to comply with a legal obligation, to establish, exercise or defend a legal claim, or in connection with a report, a moderation file or a request of a competent authority. The Privacy Policy sets out the applicable retention periods.
15.6. The following survive termination: Article 7.1, Article 7.3 for the duration set out in it, Article 7.5, Article 9.7, Article 10, Article 11 in respect of a Pro Feature purchased before termination, Article 13, Article 14, Article 15.5, this Article 15.6, Article 18 and Article 19. Any other provision that by its nature is intended to survive termination also remains in effect.
16.1. WallClaimer may amend or supplement these Terms where this is necessary or appropriate to reflect a change in legislation, in a decision of a competent authority or in the app store rules applicable to the App; to reflect a new, modified or discontinued functionality of the Platform; to reflect a change in WallClaimer's costs or way of working; or to correct an error or improve clarity. WallClaimer does not use this Article to change the essential characteristics of the Platform or the price of a Pro Feature you have already paid for.
16.2. Substantial changes are communicated at least 14 days before they take effect, via the App, the Website, or by e-mail to the address linked to your Account. A change is substantial if it materially affects your rights or obligations, and a change to Article 6, Article 7.3, Article 11, Article 14 or Article 18 is in any event substantial. Any other change is published on the Website and takes effect when published.
16.3. If you do not accept a substantial change, you can delete your Account before the change takes effect, in which case WallClaimer refunds the part of any amount you have paid for a Pro Feature that relates to the period after that date. If you continue to use the Platform after the change takes effect, you are deemed to have accepted it.
17.1. WallClaimer is not required to perform an obligation where it is prevented from doing so by force majeure, being a circumstance beyond its reasonable control that it could not foresee or avoid, including extreme weather conditions, natural disasters, epidemics and pandemics, government measures, war, terrorism, civil unrest, strikes, power outages, cyberattacks not attributable to a failure by WallClaimer to take reasonable security measures, and the failure of internet, hosting, cloud or telecommunications services. A lack of funds is never force majeure.
17.2. In the event of force majeure, the affected obligations are suspended for the duration of the force majeure event, and the affected party informs the other party without undue delay and uses reasonable efforts to limit the consequences. If the force majeure event lasts longer than 60 days, either party may terminate the affected obligations without compensation, except that WallClaimer refunds the part of any amount you have paid for a Pro Feature that relates to the period after termination.
18.1. You can submit complaints about the Platform or WallClaimer's services via support@wallclaimer.com. WallClaimer confirms receipt and replies within a reasonable time, and in any event within 30 days.
18.2. As a Consumer, if a dispute is not resolved by mutual agreement, you can refer it to the Belgian Consumer Ombudsman Service (www.consumentenombudsdienst.be) or to another competent body for out-of-court dispute resolution. WallClaimer is not obliged to participate in out-of-court dispute resolution and does not undertake to do so.
18.3. These Terms and all legal relationships arising from them are governed by Belgian law. For a Consumer, this choice of law does not affect the protection to which the consumer is entitled under the mandatory provisions of the law of their habitual residence.
18.4. For a Consumer, disputes are brought before the court designated by law, and WallClaimer may bring a claim against a Consumer only before the court of the Consumer's place of domicile. For any User who is not a Consumer, the courts of the judicial district of Antwerp, division Antwerp have exclusive jurisdiction.
19.1. If any provision of these Terms is invalid, unlawful or unenforceable, the rest of these Terms remains fully in effect. The provision concerned is reduced to what is legally permitted or, if that is not possible, replaced by a valid provision that comes as close as possible to the original intention.
19.2. WallClaimer's failure to exercise, or delay in exercising, a right does not constitute a waiver of that right.
19.3. WallClaimer may transfer its rights and obligations under these Terms to a related company or as part of a transfer of its business, provided your rights are not thereby diminished. You may not transfer your rights and obligations without WallClaimer's prior written consent.
19.4. WallClaimer gives notices to you through the App, by e-mail to the address linked to your Account, or on the Website. A notice given by e-mail or in the App is deemed received on the day it is sent, unless you show that you could not reasonably have taken note of it. You give notices to WallClaimer at the address set out in Article 20.
19.5. These Terms, together with the Community Guidelines and the specific terms of any Pro Feature, form the entire agreement between WallClaimer and the User in relation to the Platform and replace all earlier arrangements between them on that subject. This Article does not limit liability for fraud.
19.6. These Terms are drawn up in English. Where WallClaimer makes a translation available, the English version prevails in the event of a discrepancy, except where mandatory law provides otherwise.
20.1. For questions or comments about these Terms, you can reach us via:
(a) General enquiries: support@wallclaimer.com
(b) Complaints: complaints@wallclaimer.com
(c) Content and account reports: reporting@wallclaimer.com
(d) Child safety point of contact: csam@wallclaimer.com
(e) Digital Services Act point of contact (for recipients of the service and for authorities, contactable in Dutch, French and English): Roeland - roeland@wallclaimer.com
(f) Postal address: WR Solutions BV, Ruisbroekstraat 34a, 3360 Bierbeek, Belgium