MYLOYA Terms of Use and Digital Legacy Policy

1. Purpose

MYLOYA is LOYA's private digital memory platform, which is linked via the personal MYLOYA card to the story behind a personal LOYA diamond.

Through MYLOYA, users can, depending on the available functionalities, store, manage and share photos, videos, voice recordings, documents, stories and other meaningful memories with selected family members and other persons of their choice.

MYLOYA is intended to preserve personal memories and make them accessible for the duration of an active membership. LOYA does not guarantee unlimited, lifelong or perpetual availability of MYLOYA.

The availability of MYLOYA is subject to the term of the membership, the retention arrangement in Article 8 and the termination arrangement in Article 16.

In these terms, account holder means the natural person in whose name the relevant MYLOYA memory space is registered and who is authorised to manage it. This person need not be the same person who purchased the associated LOYA diamond.

A MYLOYA memory space is the separate digital environment linked to one specific LOYA diamond. One account holder may manage multiple memory spaces. A separate storage limit and membership period apply to each memory space.

2. Ownership

All intellectual property rights and other rights to the photos, videos, documents and other content uploaded by users remain with the relevant rights holders. Uploading content does not transfer these rights to LOYA. Each user who uploads content grants LOYA a limited, non-exclusive licence to store, process and secure this content solely for the purpose of providing MYLOYA, and to make it available in accordance with the access rights set by the account holder.

Users invited by the account holder to add memories retain any rights of their own to the content they provide. They must also accept these terms when using MYLOYA.

The user declares that they are entitled to upload, use and share the content. The licence ends as soon as the data are deleted in accordance with these terms, unless statutory retention obligations require otherwise. The user is liable for any damage suffered by LOYA as a result of an attributable infringement of third-party rights. This does not apply to the extent that such liability towards a consumer is excluded by law.

3. Price, storage and membership term

3.1 Each LOYA diamond comes with one personal MYLOYA memory space with a maximum of 10 GB of storage. Twelve (12) months of access to MYLOYA are included with each memory space. This period begins on the date on which the relevant memory space is first activated by the account holder.

3.2 After an included or paid membership period ends, the account holder may, to the extent that LOYA still offers MYLOYA and new membership periods at that time, choose to purchase a new twelve-month membership period for the relevant memory space. The current price is €99 per memory space per twelve-month period, including VAT.

3.3 Continuation of the membership is voluntary. The membership is not renewed automatically. Before the end of the current membership period, LOYA will inform the customer whether a new membership period is offered and, if so, at what price and on what terms.

3.4 If the account holder does not purchase a new membership period for a memory space, only that memory space becomes inactive at the end of the current membership period. The consequences for access to, and retention and deletion of, the content are described in Article 8. Designating a Legacy Contact or recording instructions for after death does not result in automatic renewal of the membership and does not confer any independent right to continuation of MYLOYA beyond the agreed membership period.

3.5 LOYA may change the membership price for future membership periods. A price change will be communicated before the customer purchases a new membership period. A price change does not affect a membership period that has already been paid for.

3.6 Except where mandatory law provides otherwise, membership fees already paid are not refunded if the customer decides to stop using MYLOYA before the end of the current membership period.

3.7 A consumer who purchases a separate paid MYLOYA membership period online has the statutory right to withdraw from the agreement within fourteen (14) days of its conclusion. If the consumer expressly requests that access to MYLOYA begin during this withdrawal period and subsequently exercises the right of withdrawal, LOYA may, to the extent permitted by law, charge a proportionate amount for the period during which the service has already been provided. This article does not limit any rights of the consumer under mandatory law.

3.8 The purchase of a new membership period entitles the purchaser solely to use MYLOYA during that specific period. It gives rise to no right to further renewal, continuation or availability of MYLOYA after that period ends.

4. Privacy

LOYA processes personal data in accordance with its Privacy Statement.

We do not sell personal data to third parties. In connection with the Legacy Contact functionality, LOYA also processes the data necessary for the designation and acceptance of a Legacy Contact and, after the death of the account holder, for the verification and execution of their recorded instructions. This may include contact details, verification data and proof of death. The processing, security and retention periods of these data are described in more detail in the MYLOYA Privacy Statement.

5. Security

LOYA takes appropriate technical and organisational security measures and may, among other things, use various security techniques, 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.

Users are themselves responsible for keeping their own copies of photos, videos, documents and other important content uploaded to MYLOYA. MYLOYA is not intended as the user's sole back-up or sole permanent archive.

6. Legacy Contact

6.1 Designation

Within MYLOYA, the account holder may designate one active Legacy Contact. This is a person chosen by the account holder to perform a role, after the account holder's death and in accordance with the instructions recorded in advance, in the management, preservation or deletion of their digital memory space.

6.2 Invitation and acceptance

The designated Legacy Contact receives an invitation by email and must expressly accept the designation. The designation becomes active only once this acceptance has been registered within MYLOYA.

6.3 No access during the account holder's lifetime

Designation as Legacy Contact does not give the person concerned access to the account holder's private MYLOYA environment during the account holder's lifetime.

Any access rights this person has received separately as an invited user are independent of the role of Legacy Contact.

6.4 Choice for after death

The account holder may record one of the following instructions in advance:

a. Transfer management: after verification and approval by LOYA, the Legacy Contact may take over the management of the memory space and continue the story within the available MYLOYA functionalities.

b. Keep as a memory: after verification and approval by LOYA, the Legacy Contact may receive read-only access to the memory space. The Legacy Contact may view existing content but may not modify or delete it or add new memories.

c. Delete my MYLOYA: after the death of the account holder and the required verification, the memory space will be permanently deleted, to the extent that legal obligations or third-party rights do not preclude this.

6.5 Modification or revocation

During their lifetime, the account holder may modify or revoke the designation of the Legacy Contact and the recorded instruction at any time.

Upon revocation, the future powers attached exclusively to this role lapse.

6.6 No automatic transfer

Designation as Legacy Contact does not confer an automatic right of access to the account or the content stored in it. Access, management, preservation or deletion may take place only after verification by LOYA in accordance with Article 7.

6.7 No transfer of ownership

Designation as Legacy Contact does not constitute a will, an appointment as executor, or a transfer of copyrights, property rights or other rights under inheritance law.

The Legacy Contact obtains only the access or management rights expressly recorded by the account holder and granted by LOYA in accordance with these terms.

6.8 Term and availability

Designation of a Legacy Contact does not confer a right to unlimited or lifelong availability of MYLOYA. Even after the death of the original account holder, the membership terms, retention periods and termination arrangement continue to apply.

6.9 Third-party rights

The account holder's instructions are executed with due regard for applicable law and the rights and legitimate interests of other parties concerned, including persons whose data or contributions are included in the memory space.

7. Execution of instructions after death

7.1 Request

After the death of the account holder, the Legacy Contact designated by them and who has accepted that role may submit a request to LOYA to execute the instructions recorded within MYLOYA.

7.2 Verification

LOYA does not grant access or carry out any transfer or deletion until the request has been sufficiently verified.

For this purpose, LOYA may require, among other things:

• reliable official proof of death;
• appropriate verification of the applicant's identity;
• a check of the designation registered within MYLOYA and the associated instructions;
• where necessary, additional documents to establish the applicant's authority.

LOYA processes only the verification data necessary for the relevant purpose.

7.3 Execution of the recorded choice

After successful verification, LOYA executes the most recent validly recorded instruction of the account holder, to the extent technically possible and legally permitted.

LOYA may limit, suspend or refuse execution where legal obligations, insufficient verification or third party rights give cause to do so. LOYA will inform the applicant of this to the extent possible and permitted.

7.4 Takeover of management

Where the account holder has chosen to transfer management, the Legacy Contact receives only the access and management rights necessary for that purpose.

The original login credentials, passwords and other personal authentication means of the deceased account holder are not transferred. The Legacy Contact obtains access via their own secure user profile.

7.5 Preservation as a memory

Where the account holder has chosen preservation as a memory, the Legacy Contact receives read only access only.

This right does not include any authority to add, modify or delete content.

7.6 Deletion

Where the account holder has chosen deletion, LOYA will, after completing the required verification, delete the memory space and the associated content in accordance with Articles 8 and 9, except for data that must still be retained under a legal obligation or to protect the rights of third parties.

7.7 Missing or unavailable Legacy Contact

If no valid Legacy Contact has been designated, the designated person has not accepted the role, or the Legacy Contact is no longer available, the account is not transferred automatically.

In that case, LOYA may assess a request from a person with demonstrable legal authority, taking into account any instructions recorded by the account holder, applicable law and the Privacy Statement.

Such a request does not give the applicant an automatic right of access to or management of the memory space.

7.8 Conflicting claims

Where several persons claim access to or management of the memory space, or where a dispute arises over the authority of the Legacy Contact, LOYA may temporarily suspend execution of the request until sufficient clarity has been obtained.

7.9 Continuation of the membership

Taking over or preserving a memory space does not result in a free or automatically continuing membership.

When the existing membership period ends, the Legacy Contact may, to the extent authorised and to the extent that LOYA still offers this option, purchase a new membership period on the terms then applicable.

Articles 3, 8 and 16 continue to apply.

8. Retention period and inactive accounts

8.1 LOYA retains account data and the associated content for the duration of an active MYLOYA membership, to the extent necessary for the performance of the agreement and with due regard for the Privacy Statement.

8.2 If the membership of a memory space is not continued, only that memory space becomes inactive at the end of the current period. From that moment, functionalities for uploading, editing and sharing content within this memory space may be disabled. Any other active memory spaces of the same account holder remain unaffected.

8.3 After the relevant memory space becomes inactive, LOYA will in principle retain the content for a maximum of twelve (12) months. This period is intended to give the user the opportunity to reactivate the relevant memory space or to request their own eligible content.

This retention period does not constitute an extension of the membership and does not confer a right to unlimited access to MYLOYA.

8.4 During the retention period, the user may, to the extent that MYLOYA and new membership periods are still offered, reactivate the relevant memory space by purchasing a new membership period.

8.5 If a Legacy Contact submits a sufficiently substantiated request within the applicable retention period, LOYA will suspend the permanent deletion of the relevant content for the period reasonably necessary to assess the request, to the extent legally and technically possible.

This temporary suspension does not confer any independent right to continuation of the membership or to unlimited retention of the account.

8.6 LOYA will notify the account holder in advance, via the last known email address, of the upcoming end of the membership period and of any intended permanent deletion of the content. In doing so, LOYA will offer a reasonable opportunity to request the account holder's own eligible content.

8.7 After the twelve (12) month retention period ends, LOYA will delete or anonymise the relevant memory space and the associated content in accordance with the deletion process described in the MYLOYA Privacy Statement, unless longer retention is necessary on the basis of a legal obligation, a pending verification request or another valid legal ground.

8.8 The retention periods and procedures for deletion, anonymisation and back-ups are explained in more detail in the MYLOYA Privacy Statement.

9. Deletion of data

The account holder may request deletion of their MYLOYA account. Other parties concerned may, where applicable, independently exercise their statutory privacy rights, including the right to request erasure of their personal data. Such requests are assessed separately in accordance with applicable law and the MYLOYA Privacy Statement.

LOYA will comply with this request to the extent that statutory retention obligations or ongoing agreements do not preclude this.

LOYA may refuse or postpone a request if legal obligations, pending proceedings or third-party rights preclude it.

Deletion of an account at the user's request does not confer a right to a refund of membership fees already paid, except where a refund is required under mandatory law.

If a request for deletion is made by a Legacy Contact, it will be carried out solely in accordance with the instructions recorded by the original account holder and after successful verification in accordance with Article 7.

When deleting, LOYA takes into account any statutory retention obligations and the rights and legitimate interests of other parties concerned, including persons who have themselves added content to the memory space.

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 a party to disputes between family members, heirs or other third parties concerning access to or management of an account.

LOYA is not obliged to resolve disputes over family relationships or inheritance claims on their merits. LOYA reserves the right to request additional documents and to temporarily suspend access or transfer where there is insufficient clarity about the authority of the persons involved.

11. Availability

LOYA strives for high availability of MYLOYA.

However, maintenance, security updates or technical failures may cause temporary interruptions.

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

LOYA may change MYLOYA functionalities where there is a valid technical, legal, security-related or business reason to do so. Such changes will not entail additional costs without the user's consent. LOYA will inform users of changes in a clear and comprehensible manner. Where a change has more than a minor negative impact on access to or use of MYLOYA, LOYA will inform the user a reasonable period in advance, on a durable medium, of the change and of their statutory rights, including any right to terminate the agreement free of charge.

Temporary unavailability of MYLOYA does not automatically entitle the user to a refund or compensation. If, due to a circumstance attributable to LOYA, the service is unavailable for a significant and unreasonable period, LOYA will offer an appropriate remedy in accordance with applicable mandatory consumer law.

LOYA may carry out maintenance without prior notice if this is necessary for the security, continuity or integrity of the platform.

12. Suspension and termination by LOYA

LOYA may terminate an account in the event of:

• fraud;
• misuse;
• violation of the law;
• breach of the terms of use;
• non-payment of an amount due for a paid MYLOYA membership, after the user has been given a reasonable payment reminder and a period in which to remedy the default.

Users are not permitted to upload, store or distribute through MYLOYA any content that violates applicable law, infringes third-party rights or, without a valid legal basis, constitutes an unjustified invasion of other persons' privacy.

Upon a sufficiently substantiated notice of unlawful content, LOYA may take appropriate measures, including restricting access to the content concerned, with due regard for applicable law and the rights of the parties concerned.

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 a period in which to remedy the situation. To the extent required by law, the user will be given the opportunity to request their content before the account is permanently deleted.

Termination or suspension as a result of fraud, misuse, non-payment or another shortcoming attributable to the user does not confer a right to a refund of membership fees already paid, except where mandatory law provides otherwise.

13. Intellectual property

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

LOYA's rights to the platform do not affect any intellectual property rights of users and other rights holders in the content they upload. Article 2 applies to such content.

To the extent permitted by law, it is not permitted to copy, reverse engineer, decompile or otherwise use software, source code or parts of MYLOYA without LOYA's prior written consent.

Nor is it permitted to use automated systems, including AI systems, bots or scrapers, to collect data from MYLOYA or to train AI models or similar technologies with data originating from MYLOYA, unless this is permitted by law or LOYA has given prior written consent.

14. Governing law

These MYLOYA Terms of Use are governed by Dutch law. Disputes will be submitted to the court that has jurisdiction under the applicable statutory rules. To the extent permitted by law, the competent court in Amsterdam is designated. This provision does not limit any rights a consumer enjoys under mandatory law.

15. Back-ups

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

LOYA does not guarantee that deleted, overwritten, damaged or corrupted individual files can be restored from a back-up.

When content is permanently deleted in accordance with these terms, it is also removed from the regular back-up systems in accordance with the applicable technical deletion and retention periods.

These periods are described in more detail in the Privacy Statement. Any retention required by law is excepted from this.

16. Discontinuation of the service

16.1 LOYA may decide to stop offering new MYLOYA accounts, memberships or membership renewals. Such a decision does not give existing users a right to continuation or renewal after their current included or paid membership period ends.

16.2 LOYA may decide to discontinue MYLOYA in whole or in part for business, technical, legal, security-related or operational reasons. A discontinuation for such reasons will in principle take place after the included and paid membership periods current at that time have ended.

16.3 LOYA respects current included and paid membership periods. Early discontinuation is possible only where continuation is impossible or cannot reasonably be expected of LOYA due to applicable law, a court order, an urgent security risk, force majeure, the loss of an essential service provider for which no suitable alternative is reasonably available, or another serious circumstance beyond LOYA's reasonable control. LOYA will inform the users concerned as soon as possible and, to the extent reasonably possible, at least three (3) months before the discontinuation.

16.4 If LOYA discontinues MYLOYA before the end of a paid membership period, LOYA will refund, pro rata, the amount already paid for the unused part of that period. The refund will be made without undue delay and, to the extent required by law, within fourteen (14) days at the latest.

16.5 If MYLOYA is discontinued before the end of a membership period included with a LOYA diamond, LOYA will offer the consumer an appropriate remedy in accordance with applicable mandatory consumer law.

16.6 Prior to the final discontinuation, LOYA will give users a reasonable period of at least three (3) months to request their own eligible content. On request, this content will be made available free of charge, without unreasonable obstacles, within a reasonable period and in a commonly used machine-readable format.

16.7 After the announced export and retention period has ended, LOYA may permanently delete or anonymise the account and its content in accordance with applicable law and the retention policy.

16.8 The notice and export periods in this article may be shorter where immediate discontinuation is necessary due to applicable law, a court order, an urgent security risk, force majeure, the loss of an essential service provider for which no suitable alternative is reasonably available, or another serious circumstance beyond LOYA's reasonable control. In that case, LOYA will nevertheless give users the opportunity to request their own content, to the extent reasonably and technically possible.

16.9 No refund is owed when an individual account is terminated or suspended due to fraud, misuse, non-payment, a serious security risk or another shortcoming attributable to the user, except where mandatory law provides otherwise.

16.10 Nothing in this article limits the rights a consumer has under mandatory consumer law in the event of discontinuation, non-conformity or prolonged unavailability of a digital service.

16.11 The discontinuation of MYLOYA or the expiry of a membership may also affect the availability of the Legacy Contact functionality and the ability to execute previously recorded instructions after death. Designation as Legacy Contact does not constitute an independent right to continuation of MYLOYA after the service has been discontinued.

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