End User Licence Agreement (EULA)

Fancy a Drink (FAD)

Last updated: 16 July 2026

This End User Licence Agreement (“EULA”) governs the licence to use the Fancy a Drink app (“the app”). Together with the Terms of Use and the Privacy Policy, the EULA forms the agreement between you and A.Y.V. Hubers Beheer B.V. Where the rules of the app store require it, that store’s standard EULA additionally applies. In the event of conflict between this EULA and the Terms of Use, the order of precedence set out in the Terms of Use applies: for the software licence and the provisions required by the app stores, this EULA prevails.

“We”, “us” or “FAD” is A.Y.V. Hubers Beheer B.V., Laan op Zuid 188, 3071 AA Rotterdam, Chamber of Commerce (KVK) 24425152. “You” is the end user who installs and uses the app. “The app” is the Fancy a Drink application for mobile devices, including updates and associated documentation.

By downloading, installing or using the app, you agree to this EULA. If you do not agree, do not use the app and delete it.

2. Grant of licence

We grant you a personal, non-exclusive, non-transferable and limited licence to use the app on mobile devices you own or control. This licence is revocable solely on the grounds set out in chapter 10 and subject to the arrangements on paid memberships. The licence applies solely to personal, non-commercial use, in accordance with this EULA, the Terms of Use and the Usage Rules of the app store through which you obtained the app. The app is licensed, not sold. All rights not expressly granted to you are reserved to us and our licensors.

3. Restrictions

The following is not allowed:

reverse-engineering, decompiling or disassembling the app, except to the extent permitted by mandatory law;
copying, distributing, selling, renting, lending or sublicensing the app or parts of it;
making the app available via a network where it can be used by several devices at the same time;
circumventing security or verification measures, or using automated tools, bots or scrapers;
removing or altering brand, proprietary or copyright notices;
using the app for unlawful purposes or in breach of applicable law or the Terms of Use.

4. Ownership and intellectual property

The app, the name Fancy a Drink, the logo, the brand and house-style elements (including the martini glass), the code, the design and the associated websites are and remain the property of A.Y.V. Hubers Beheer B.V. or its licensors, and are protected by intellectual property rights. This EULA does not transfer any ownership to you. For the content you place yourself, the licence described in the Terms of Use applies.

5. Updates and changes to the app

We may release updates, improvements or corrections for the app, which may be installed automatically or after your confirmation; this EULA also applies to those updates, unless an update carries its own terms. We may add, change or discontinue features. We may suspend the app or parts of it temporarily or permanently; for material changes that affect a paid membership, the arrangements from the Terms of Use apply.

6. User conduct and content

Your conduct in the app and the content you place are subject to the rules of conduct of the Terms of Use. FAD maintains a strict zero-tolerance policy for inappropriate, harassing, discriminatory, pornographic or unlawful content and conduct. You are fully responsible for what you post. The app contains a built-in, directly accessible feature to report and block inappropriate content or other users. We assess every report and act on reported inappropriate content in principle within 24 hours, by removing the content and restricting or terminating the access of the user concerned.

7. Maintenance and support

We are solely responsible for any maintenance and support for the app. The app store provider (Apple or Google) has no obligation in this respect. For support you can contact [email protected].

8. Warranty and disclaimer

The app is provided “as is” and “as available”. To the extent permitted by mandatory law, we give no warranties that the app operates uninterruptedly, error-free or fully securely, or is fit for a particular purpose. This provision does not affect mandatory consumer rights. If you obtain the app via the Apple App Store and the app fails to conform to an applicable warranty, you may notify Apple; Apple may refund the purchase price to you, if applicable. Otherwise, to the maximum extent permitted by law, Apple has no warranty obligation whatsoever with respect to the app.

9. Liability

Our liability towards you is limited as described in the Terms of Use, including the exception set out therein that the limitation of liability does not apply to death or personal injury or to intent or wilful recklessness. Otherwise, to the extent permitted by law, we are not liable for indirect or consequential damage arising from the use of, or inability to use, the app.

10. Termination

This licence runs until it is terminated by you or by us. The licence terminates automatically if you breach this EULA. Upon termination you cease using the app and delete all copies. Provisions that by their nature are intended to survive termination (such as ownership, warranty, liability and governing law) remain in force.

11. Export compliance

You represent and warrant that you are not located in a country subject to a US trade embargo or designated by the US government as a country supporting terrorism, and that you are not on any US list of prohibited or restricted parties. You use the app in accordance with all applicable export and sanctions laws.

12. Provisions required by Apple (App Store)

If you obtain the app via the Apple App Store, then in addition to this EULA the Apple Media Services Terms and Conditions apply. The following provisions are included at Apple’s request and prevail in the event of conflict with the other provisions of this EULA, solely as regards the relationship with Apple:

Acknowledgement: this EULA is solely an agreement between you and A.Y.V. Hubers Beheer B.V., and not with Apple. Apple is not responsible for the app or its content.
Scope of the licence: the licence granted to you is limited to a non-transferable licence to use the app on Apple devices you own or control, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support: A.Y.V. Hubers Beheer B.V. is solely responsible for maintenance and support; Apple has no obligation whatsoever in this respect.
Warranty: A.Y.V. Hubers Beheer B.V. is responsible for any warranties. If the app fails to conform to an applicable warranty, you may notify Apple, whereupon Apple will refund the purchase price to you if applicable; otherwise, to the maximum extent permitted by law, Apple has no warranty obligation, and we are responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty.
Product claims: A.Y.V. Hubers Beheer B.V., and not Apple, is responsible for addressing claims by you or third parties relating to the app or your use of it, including product liability, failure to meet legal or regulatory requirements, and claims under consumer protection or privacy legislation.
Intellectual property: if a third party alleges that the app or your use of it infringes its intellectual property rights, A.Y.V. Hubers Beheer B.V., and not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance: you represent that you are not located in an embargoed country or a country supporting terrorism, and are not on any US list of prohibited or restricted parties (see also chapter 11).
Developer name and address: questions or complaints about the app should be directed to A.Y.V. Hubers Beheer B.V., Laan op Zuid 188, 3071 AA Rotterdam, [email protected].
Third-party terms: you comply with applicable third-party terms when using the app.
Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA and have the right to enforce the provisions applicable to them against you.

13. Google Play provisions

If you obtain the app via Google Play, then the Google Play Terms of Service and Google’s policies additionally apply. In the event of conflict between this EULA and the Google Play terms, the Google Play terms prevail solely as regards the relationship with Google. On Android, Google handles distribution and, for paid items, the sale and the handling of warranty and refunds in accordance with Google’s policies.

14. Third-party services and content

The app may contain links to or integrations with third-party services (for example a verification service or a transport service). The use of those services may be subject to those third parties’ own terms. We are not responsible for third-party services or content.

15. Governing law and competent court

This EULA is governed by Dutch law. The competent court is the District Court of Rotterdam, unless mandatory consumer rules in your country of residence provide otherwise. The Vienna Sales Convention (CISG) does not apply.

16. Changes to this EULA

We may adjust this EULA, for example when the app or the law changes. For material changes we show a notice in the app before the change takes effect. The most current version is on the FAD website, with the date at the top.

17. Contact

Questions about this EULA? Email [email protected].

A.Y.V. Hubers Beheer B.V.

Laan op Zuid 188, 3071 AA Rotterdam, The Netherlands

Chamber of Commerce (KVK) 24425152 | VAT NL818710093B01

EULA

1. Definitions and consent