1. DEFINITIONS
The following definitions have the following meaning:
Account: The corporate account of the Company on the Platform.
Agreement: The Subscription Form and the Terms.
Company: Stacks Technologies B.V., incorporated under the laws of the Netherlands and having its registered office at Keizersgracht 555, 1017 DR Amsterdam, The Netherlands.
Data: The data as from time to time provided, requested, or processed under the Services.
Platform: The websites and apps of the Company on which the Services are offered.
Privacy Statement: The privacy statement of the Company.
Services: The offer and enabling of a platform for monthly reporting of financial results.
Subscription Form: The (online) sign-up and/or subscription form through which the relevant Services are ordered and/or purchased by the User.
Terms: These terms and conditions (including the Privacy Statement), all as amended or supplemented from time to time.
User: The user of the Services and the entity which has signed up on the Platform and/or uses the Services.
2. APPLICABILITY TERMS
2.1 The Terms apply to the legal relationship between the Company and User and to the Services as offered, managed, maintained, supplied, and/or made available by the Company (including the use of the Platform).
2.2 By registering as a User, opening an Account, and using the Platform and/or the Services, the User agrees to and accepts the Terms that will govern and apply to the Agreement.
3. ACCOUNT AND PLATFORM
3.1 To use the Platform and Services, the User must log in to the Platform and create an Account. The User shall keep login details confidential, not share them with third parties, and promptly inform the Company of any loss of login details or unauthorized access to the Account.
3.2 Unauthorized use or sharing of login details is prohibited. The Company is entitled to suspend the Account or User in case of a breach of these Terms or unlawful use of the Account or Platform.
3.3 The User may delete and/or cancel its Account at any time (without the right to a refund of any paid fees).
4. SERVICES
4.1 Subject to the terms of the Agreement, the Company undertakes to offer the Services in a good, professional, workmanlike manner with reasonable skill and care.
4.2 The Company collects and processes Data to render the Services and for machine learning, business intelligence, research, and analytical purposes. The Company may use (aggregated and anonymized) data to improve the Services.
4.3 The Company grants a limited, royalty-free license to the User to use the Services and Data generated under or pursuant to the Services.
4.4 The User shall ensure that the Data provided or made available on the Platform or Services is true, accurate, correct, and updated as needed.
4.5 The Company may provide updates, upgrades, patches, or fixes for the Services generally without additional charge, which will be part of the Services under this Agreement.
5. FEES FOR THE SERVICES
5.1 The fees for the Services are set out in the Subscription Form and are payable in advance for the subscription period.
5.2 All prices are exclusive of VAT (unless stated otherwise).
5.3 Unless indicated or agreed otherwise, invoices are due on the date of issuance and must be paid via the methods indicated in the Subscription Form.
5.4 All prices and fees are non-refundable, non-reducible, and non-transferable.
6. TERM AND TERMINATION
6.1 The User subscribes for the relevant period as indicated in the Subscription Form, which will automatically renew unless terminated 14 days before the period’s end.
6.2 The Company may delete the User's Account if unused for 12 months. Either party may terminate the Agreement in case of a material breach, bankruptcy, or suspension of payment by the other party.
6.3 In case of termination, the provisions in articles 5.4, 7, 8, and 10 remain in force.
7. INTELLECTUAL PROPERTY RIGHT, PRIVACY
7.1 The Platform, Services, and all associated content, brand names, logos, information, and designs are the intellectual property of the Company (or its licensors). They may not be copied or used without written permission.
7.2 The User shall not reproduce, modify, copy, publish, reverse-engineer, or make available any part of the Platform or Services without permission. The User shall not attempt to obtain access to the Platform’s source code.
7.3 The Company only processes personal data related to the User for sign-up/sign-in purposes as per the privacy statement on the Platform.
8. DISCLAIMER AND LIABILITY
8.1 The Company offers the Platform and Services on an "as is" basis, without assuming responsibility for the Data generated or made available on the Platform.
8.2 The User acknowledges potential unavailability of the Platform due to maintenance, downtime, errors, or other interruptions.
8.3 The Company is liable only for shortcomings in performance under these Terms, limited to EUR 100 per event or related events.
8.4 The Company shall not be liable for indirect, special, or incidental damages, such as loss of revenue, business, or reputation.
9. MISCELLANEOUS
9.1 The Company may change these terms with a 15-day notice on the Platform or by electronic notification.
9.2 Invalid provisions will be replaced by valid ones closest to the intended purpose.
9.3 Parties agree to keep any confidential information obtained under this Agreement strictly confidential.
10. APPLICABLE LAW AND COMPETENT COURT
The Agreement is governed by Dutch law, with disputes exclusively submitted to the competent court in Amsterdam.
Version: 16 September 2024
