Terms & conditions

All services of Digitorus B.V. are subject to the below terms and conditions. Using our services constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by Digitorus B.V..

Article 1. Use of the service

1.1 When registration is required, Digitorus B.V. will verify your application for the service and notify you whether it’s approved or not.

1.2 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Digitorus B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you.

1.3 If you haven’t accessed your account for twelve consecutive months, Digitorus B.V. reserves the right to delete your account.

1.4 When the service allows you to process personal data. Digitorus B.V. acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless Digitorus B.V. against all claims by third parties in connection with this Act.

Article 2. Terms of use

2.1 It is not permitted to use the service for any purpose that violates Dutch or other applicable law or regulation.

2.3 Should Digitorus B.V. discover that you violate any of the above, or receive a complaint alleging the same, then Digitorus B.V. may intervene to end the violation.

2.4 If in the opinion of Digitorus B.V. the continued functioning of the computer systems or network of Digitorus B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Digitorus B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.5 Digitorus B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.

2.6 Digitorus B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Digitorus B.V. from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1 Digitorus B.V. does not guarantee that the service will be error-free or uninterrupted, or that Digitorus B.V. will correct all errors. Licensee acknowledges that Digitorus B.V. does not control the transfer of data over communications facilities, including the internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Digitorus B.V. is not responsible for any delays, delivery failures or other damage resulting from such problems.

3.2 Digitorus B.V. actively maintains the service. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.

3.3 Digitorus B.V. may from time to time adapt the service. Your feedback and suggestions are welcome but ultimately Digitorus B.V. decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1 The service, the accompanying software as well as all information and images on the website is the intellectual property of Digitorus B.V.. None of these items may be copied or used without prior written permission of Digitorus B.V., except and to the extent permitted by mandatory law.

4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Digitorus B.V. receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.3 If you send information to Digitorus B.V., for example a bug report or suggestion for improvement, you grant Digitorus B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4 Digitorus B.V. shall refrain from accessing data you store or transfer using the service, unless this is necessary for a good provision of the service or Digitorus B.V. is forced to do so by law or order of competent authority. In these cases Digitorus B.V. shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1 When the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

5.2 When the service is paid for by spending credits, the credits must be purchased in advance. When there aren’t enough credits available, the service will be discontinued.

5.3 Credits are non-refundable.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of Digitorus B.V. shall be limited to the amount of the price you paid for the three months prior to the moment the cause of the damage occurred.

6.2 Digitorus B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3 Damages may only be claimed if reported in writing to Digitorus B.V. at most two months after discovery.

6.4 In case of force majeure Digitorus B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.

7.3 Digitorus B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Digitorus B.V. shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1 Digitorus B.V. may change or add to these terms and conditions as well as any prices at any time.

8.2 Digitorus B.V. shall announce through the service changes or additions at least thirty days before their taking effect. Price changes shall not apply to already-purchased credits.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of the service after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the service shall be brought before the competent Dutch court for the principal place of business of Digitorus B.V..

9.3 For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by Digitorus B.V. shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 Digitorus B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the service or the associated business activities.