This is a translation of the Dutch text; in case of differences the Dutch version prevails.
Terms of Service
These terms apply between you and Oikoi.nl (Dutch Chamber of Commerce no. 72503068, Pruisisch blauw 31, 2718 KK Zoetermeer, the Netherlands; “Oikoi”, “we”) for the use of the Oikoi service at oikoi.nl. By creating an account you agree to them.
1. What Oikoi is
- Oikoi is a private service for sharing photos, texts and comments within your own circle of connections, building an archive over the years.
- Oikoi has no recommendation algorithm, no advertising, no public profiles and no discovery feature. Posts are shown in chronological order. We do not select, rank or promote content.
- Accounts are personal and are created by invitation only. You must be at least 16 years old.
- Oikoi is not available in certain countries. Features that differ by country (such as printing, storage bundles and face finding) depend on the country of residence you state yourself; state it truthfully.
2. Your account
- Keep your login details secret and report misuse immediately. We recommend two-factor authentication.
- Use your own name or a name your circle knows you by. One person, one account.
- You can invite others. Only invite people you know and who would welcome it. We limit the number of invitations and requests per week.
3. Visibility and reach
- By default, what you post is visible only to your first-degree connections. If you choose the “extended” reach, a reference (name and avatar, no content) may appear in the circles of contacts who act as a bridge. You decide on any connection requests that follow.
- Questions and contributions on a photo are not public comments: each person asking has their own thread, which only they and the archivist of the photo (the person who posted it and the co-owners they admitted) can read. The rest of the circle sees no names and no numbers. The poster may delete a question or contribution on their own post without giving a reason, and may block someone.
- If you end a connection, you will no longer see each other’s posts and comments.
- In an event conversation (public), the photos you post go into one joint post, visible to the members of the conversation and in the circle of everyone who adds photos to it — including people who do not know you. You remain the owner and can always remove them; they then also disappear from that post. The post has no owner and disappears when the last photo is gone.
- In a private event you give the photos you post to the host, who receives their own copy for their archive when the event is closed. Your original remains yours. A given copy cannot be taken back; if you still want it removed, ask the host or email privacy@oikoi.nl.
- Anyone who may see the joint post of an event may make an album with all photos in it or have them printed, for personal use. You grant a licence for that use; the photos remain yours.
4. Your content
- You remain the owner of everything you post. You give Oikoi only the technical licence needed to store your content, resize it (thumbnails), show it to the people you allow, export it and back it up. That licence ends when you delete the content or your account, except for backups; what you delete has also disappeared from all backups within twelve months at the latest (see section 9).
- Only post content you are entitled to post: your own photos, or photos for which you have permission. Respect the portrait rights and privacy of the people in your photos, especially children. Only record and post a stemo (voice clip) with someone else’s voice if that person knows and agrees. You are responsible for photos within your own family circle; Oikoi is not a party to disputes between users and does not mediate. This also applies to guests at an event: only post photos the people in them can be expected to agree with.
- Anyone who may see a photo of yours can have it printed or include it in their own photo book for personal use; the same visibility applies as in the app. So only post what you would also be happy for your circle to see on paper.
- Not allowed is content that is unlawful, infringes the rights of others, depicts sexual abuse of minors, is threatening, hateful or misleading, contains malware or disrupts the service. Oikoi may remove such content and restrict or terminate accounts; we report criminal content to the authorities.
- Oikoi may also remove content that in our reasonable opinion breaches these terms, even if it has not been established that it is legally prohibited. We give the poster our reasons for a removal, unless the law forbids this.
5. Reporting illegal content (DSA)
- Our point of contact for users and authorities is meldingen@oikoi.nl. You can write to us in Dutch or English.
- To assess a report, administrators may view the reported content; such viewing is logged. A report never leads to removal by itself. Where Oikoi is legally required to do so or receives a valid legal order, it may provide data to the competent authorities.
- A report contains: why the content is illegal, where it is (link or description), your name and email address, and a statement that the report is made in good faith. We handle properly submitted reports carefully, objectively and in a timely manner; usually within 7 days.
- We inform the reporter of our decision and the poster of any removal or restriction, with reasons and the option to object within six months via the same address. After that, out-of-court dispute settlement or the courts are available.
- We may temporarily exclude from the reporting procedure anyone who repeatedly submits manifestly unfounded reports.
- If you are recognisable in someone else’s photo and want it removed, report it via the same address; we will contact the poster and remove it if in doubt.
- If intimate images of you have been shared without your consent, we remove or block them within 48 hours of a valid report, and, as far as we reasonably can, make sure the same images are not shared again through Oikoi.
5a. Copyright / DMCA
- Notice. If you believe content on Oikoi infringes your copyright, send a notice to our designated agent (below). Under the US Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) the notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the infringing material and information reasonably sufficient for us to locate it; (d) your name, address, telephone number and email address; (e) a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on its behalf.
- Removal. On a valid notice we promptly remove or disable access to the material and inform the poster.
- Counter-notice. If you believe material of yours was removed by mistake or misidentification, you may send a counter-notice to the same agent with: your physical or electronic signature; identification of the material and where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief that it was removed by mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which Oikoi may be found) and will accept service of process from the person who sent the notice. We forward the counter-notice to that person and restore the material after 10 to 14 business days, unless they tell us they have filed a court action.
- Repeat infringers. We close the accounts of users who repeatedly infringe copyright, as confirmed by valid notices that were not successfully countered.
- Designated agent. meldingen@oikoi.nl.
- Knowingly making a false notice or counter-notice may make you liable for damages.
6. Storage and payment
- Every account has 1 GB of free storage. Beyond that you pay for a storage bundle; prices are shown in the app and on the welcome page. Viewing and commenting are always free; you never pay for someone else’s storage.
- Bundles run per year and are paid in advance in one amount via Mollie. Within 14 days of purchase you may withdraw without giving a reason; you then get the amount back minus the value of the days already elapsed. By purchasing, you agree that the service starts immediately.
- A year is a year: if you cancel in the first bundle year after the 14 days, the bundle runs until the end of the paid period and there is no refund.
- A bundle renews automatically each year; well in advance you receive a notice with the amount and the collection date. After a renewal you may cancel at any time with one month’s notice; anything you already paid for the period after that is refunded to the account you paid from, with a credit note.
- If you delete your account, the same rules apply: in the first bundle year the remaining own credit lapses, in a renewed year it is refunded. Gifted credit is returned pro rata to the giver.
- The quota is firm and visible. If your storage is full or you stop paying, everything you posted remains visible to those who could already see it; you just cannot post anything new until there is room. We never delete old photos for non-payment.
- We announce price changes at least 30 days in advance; you may then cancel.
7. Exporting, stopping, deleting
- You can make a full export of your photos, texts and own comments at any time, in an open format without database codes. We recommend doing so regularly: Oikoi is the place where your memories come together, not the only place where they exist.
- Stopping posting requires no action. What you shared stays with those who could already see it.
- Conversations are private spaces for their members. Every member can export a conversation, with all photos as originals, the voice messages and the conversation as text; that export therefore also contains what others shared in the conversation. Handle it with care. An administrator of the conversation can close it: it is then immediately closed to its members, an administrator can still export for 30 days, and after that the messages, audio and photos that only appeared in the conversation are permanently erased. Photos that someone posted in their own circle remain.
- Offensive, hurtful, threatening or unlawful content has no place in conversations or on photos, and bullying, intimidation or unwanted contact is not allowed. Anyone who does not comply may lose access to the service. You can report a message in a conversation to the administrators of Oikoi (via the menu on the message): only they read and assess the report, and the sender sees nothing of it. You can also block someone; you then no longer see their messages and photos in conversations. This is silent and only for you. Questions or a complaint? Email hallo@oikoi.nl.
- Deleting your account is a separate, confirmed action. After that your photos, texts and comments disappear everywhere, including for the people who saw them. This cannot be undone.
- Other people’s comments on your posts are not included in your export; your own comments on other people’s posts are.
- A free account that has not been used for six months, in which nothing has been posted or contributed and that is connected to at most one person, will be cleaned up: you first receive an email with an explanation and a button to keep the account, and a week later we delete it. This never applies to anyone who has ever paid or received credit.
8. Our commitments on continuity and Europe
Because an archive is long-term, we record these points as contractual obligations and not merely as policy:
- European processing. Storage and processing take place within the EEA with suppliers under European ownership. We do not engage (sub)processors outside the EEA. One limited exception is switched on by you: if you allow push notifications, they are delivered by the notification service of Apple (iPhone and iPad), Google (Android) or your browser. Only the short notification text travels through that service, never the content of messages or photos. The current list of processors is in the privacy statement; we announce a change 30 days in advance, and it gives you the right to cancel with a full export.
- Termination. If we stop the service, we announce this at least 90 days in advance and the export remains available to everyone until the end.
- Acquisition. In the event of a change of ownership, your data will not pass to a party outside the EU without your renewed, individual consent. Without that consent you get the 90 days and the export from paragraph 2.
- Demands. We only disclose data where there is a legal obligation to do so and inform you, unless that is prohibited.
9. Availability and liability
- We do our best to keep the service available, but we do not guarantee uninterrupted availability. We announce maintenance where possible.
- We make a backup every night: a copy on a separate disk next to the server, kept for 14 days, and an encrypted copy at a European storage service with 14 daily, 8 weekly and 12 monthly restore points. What you delete therefore also disappears from the last backup within twelve months at the latest; we use a backup only to restore the service, never to bring back something you deleted.
- Oikoi is not liable for content posted by users, nor for damage caused by loss of data to the extent you could have exported it yourself, except in the case of intent or deliberate recklessness on the part of Oikoi. Our liability is in any case limited to the amount you paid us in the twelve months before the damage.
- These limitations do not apply insofar as mandatory consumer law precludes them.
10. Death
If a user dies, a surviving relative can report this with a death certificate or funeral notice. The account is then frozen: nothing more is posted or deleted, and everything remains visible to those who already saw it. A further arrangement (contact person, in memoriam, export) will follow; until then we decide in consultation with the surviving relatives.
11. Changes to these terms
We announce changes at least 30 days in advance in the app and by email. If you do not agree, you can cancel up to the effective date with a full export. Minor changes that do not restrict your rights may take effect immediately.
12. Governing law and disputes
These terms are governed by Dutch law. We first try to resolve disputes with each other; if we cannot, the Dutch courts have jurisdiction. As a consumer you may also use the European platform for online dispute resolution, where available.
13. Contact
General: hallo@oikoi.nl · Privacy: privacy@oikoi.nl · Reports (DSA) and copyright: meldingen@oikoi.nl