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JT SOLUTIONS B.V. APPS TERMS OF SERVICE

     
Effective February 22, 2023     
  Thank you for choosing JT Solutions B.V. JT Solutions B.V. is a company focused on developing eCommerce applications for platforms and marketplaces such as Shopify. JT Solutions B.V.’ applications bring together marketing, eCommerce and the platform to help store owners grow their business. These Terms of Service (“Terms” or “Agreement”) apply to the applications and services (the “Apps”) provided by JT Solutions B.V. The terms and conditions of this Agreement and any guidelines, rules and policies incorporated herein form a legal and binding contract between you and JT Solutions B.V.
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE APPS OR RECEIVE SUCH SERVICES.
 

1. ACCEPTANCE, APPS AND RIGHTS OF ACCESS

  1. JT Solutions B.V. (“we,” “us,” “our”) provides the Apps to you subject to your acceptance of these Terms of Service, including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy, Cookie Policy and all other policies and guidelines we may provide from time to time and displayed online on the websites or our Apps. Along with the terms and conditions of each platform. All such guidelines, rules and policies are incorporated herein by reference and your use of our Apps constitutes your binding acceptance of such terms and conditions, including any updates or subsequent changes to the Terms made by us from time to time and displayed on our website.
  2. This is an agreement for access to and use of the Apps, and you are not granted a license to any software by this Agreement. You are only granted the right to use the Apps solely for the purposes described by JT Solutions B.V. Our Apps may obtain certain information about you during the installation of our Apps in order to properly operate the functionality of the Apps, including, without limitation, store name, store domain, shop owner’s first and last name, time zone, and account email. You agree to provide accurate, current and complete information as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete as requested from time to time.
  3. Subject to your agreement and continuing compliance with these Terms, including, without limitation, meeting the applicable payment obligations, we grant you a personal, nonexclusive, nontransferable, non-sublicensable, revocable, limited right to access and use our Apps solely for your own internal business purpose for one store per applicable platform per App. You agree not to use the Apps for any other purpose unless we have provided you with prior written authorization. We reserve any and all other rights in the Apps.
  4. We reserve the right to modify or discontinue the Apps (or any part thereof) with or without notice at any time. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Apps, except as otherwise specified in any separate rules governing certain events or contents. If we discontinue the Apps (or any part thereof) for a reason other than due to a breach of these Terms by you, we will refund a prorated portion of any pre-paid fees paid by you for the Apps.
  5. The Apps are intended for the use of adults 18 years or older. You acknowledge and agree that you are not permitted to use the Apps, and you shall not use our website, if you are under the age of 18.
  6. The Apps may contain data from one or more third party sources; to the extent that any such source is used, you will comply with all such third party license and data use requirements.
  7. Certain application programming interfaces (“API”) may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, “Open Source Software”). To the extent that any API contains any Open Source Software, that element only is licensed to you pursuant to the relevant license terms of the applicable third party licensor and not pursuant to the licenses contained in this Agreement, and you accept and agree to be bound by such terms.

2. COMMENCEMENT DATE, FEES AND PAYMENT

  1. You may access our Apps via a subscription and at the prices provided on our app listing pages on the BigCommerce and Shopify Platforms (“Subscription”).
  2. Payments will be billed to you by platform, and paid by you, to the platform in U.S. currency. The date your account is first debited or charged will be the “Commencement Date”.
  3. You authorize the platform or our merchant account provider the right to charge such credit card or perform such debits from your account.
  4. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Apps. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. Your Subscription will continue unless and until cancelled or terminated under this Agreement.
  6. All fees are paid per the Subscription and are exclusive of applicable federal, state, local or other governmental sales, goods and services, or other taxes, fees or charges now in force or enacted in the future.
  7. Payment obligations are non-cancellable and fees are non-refundable, except you may cancel your Subscription by removing the Apps from your Shopify store.

3. PRIVACY AND SECURITY

  1. Your Registration Data, as well as information that you may provide at other times during your use of the PinTracks, is subject to our Privacy Policy (available at https://pintracks.io/privacy-policy/).
  2. By downloading the Apps, you are subject to the applicable platform’s terms of service located on such platform provider’s website and as may be updated from time to time.
  3. When registering for any of the Apps, you may be required to select a Username and Password that will be used to access your account. You are responsible for any use of your Password, whether by you or others. You agree to (i) keep your Password confidential and not share it with anyone else; and (ii) immediately notify us of any unauthorized use of your Password or account or any other breach of security. JT Solutions B.V. will not be liable for any loss or damage arising from your failure to comply with this Section.
  4. You authorize us to act on instructions received through use of your Password, and that we may, but are not obligated to, deny access or block any transaction made through use of your Password without prior notice.

4. USER CONDUCT, OBLIGATIONS AND REPRESENTATIONS

  1. By using the Apps, it is your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of our Apps and to take such measures as we see fit. We reserve the right to add to or amend this list of rules at any time.
  2. You agree that you will not use the Apps to or make available content that: (i) harasses, abuses, defames, or threatens others; (ii) contains profanity or obscene or otherwise objectionable content; (iii) contains any other party’s intellectual property unless you have the right to do so; (iv) violate the privacy, publicity or other personal rights of others; (v) contains software viruses or any other computer code, files or programs that can interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) interfere with the Apps or servers or networks connected to the Apps, or disobey any requirements of networks connected to the Apps; (vii) violate any applicable local, state, national or international law or regulation; (viii) make available, distribute, re-upload or share any video, photos, downloads or other content provided by JT Solutions B.V. or through the Apps to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by JT Solutions B.V.; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Apps; (x) access any content not intended for your use or log onto a server or account that you are not authorized to access; or (xi) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  3. Violation of the rules of conduct may result in the immediate removal of your content from the Apps and/or the termination of your account(s).
  4. You understand that all postings and content submitted to any of the Apps by users (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. You are entirely responsible for all User Materials that you make available via the Apps.
  5. You acknowledge that we may or may not pre-screen User Materials, but that we and our designees have the right (but not the obligation) in our sole discretion to remove any User Materials. You understand that by using the Apps, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Apps. With respect to User Materials you directly submit or make available on the Apps, you grant JT Solutions B.V. an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
  6. The Apps are protected by copyright, trade secret, and other intellectual property laws as further described below. You agree not to use, nor permit any third party to use, the Apps or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not: (i) provide access to or give any part of the Apps to any third party; (ii) reproduce, modify, copy, deconstruct, sell, trade or resell the Apps; (iii) make the Apps available on any file-sharing or application hosting service; (iv) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Apps (or any source code relating thereto); (v) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Apps (or any source code relating thereto); (vi) remove, obscure, or alter any proprietary rights notices affixed to or contained within the Apps; (vii) assign, sell, rent, lease, sublicense, lend, transfer, resell, or distribute any part of the Apps (or any source code relating thereto) to any third party or use the services on behalf of any third party unless otherwise agreed to in writing by us in our sole discretion; (viii) access all or any part of the apps in order to build a product or service which competes with the Apps including, without limitation, the software; create Internet links to or frame or mirror any Apps or any App content; or (ix) display or reference any part of the App, software or any JT Solutions B.V. name, trademark or logo, without our prior written consent in each instance.

5. SUPPORT SERVICES

  1. Support is included in your Subscription. We accept support questions 24 hours per day x 7 days per week at www.pintracks.io. We attempt to respond to webform support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.
  2. We try to make the Apps available 24 hours a day, 7 days a week, except for planned downtime for maintenance or unforeseen events.

6. INDEMNITY

  1. You agree to defend, indemnify and hold harmless JT Solutions B.V., its parent company, affiliates, subsidiaries, employees, contractors, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of your use of the Apps, any transaction resulting from use of the Apps, your connection to the Apps, your violation of these Terms, your submission, posting, or transmission of User Materials to the Apps, and/or your violation of any rights of another.

7. TERM AND TERMINATION

  1. This Agreement shall commence on the Commencement Date and shall continue until terminated or cancelled by either party in accordance with these Terms or the applicable platform provider’s terms and conditions, including, without limitation, your removal of the Apps from your store.
  2. Either party may with immediate effect terminate this Agreement by written notice to the other party (i) if the other party breaches any provision of this Agreement (including non-payment of fees) and such breach is not cured within ten (10) days after written notice thereof; or (ii) if the other party commits any breach that is unable to be cured or repeats any breach as has previously been the subject of a notice under paragraph (i) above.
  3. You agree that we may, in our sole discretion and without notice, immediately terminate your access to the Apps. Termination of your account(s) may include (i) removal of access to all offerings within the Apps, (ii) at our sole discretion, the deletion of all of your account information related to the Apps, User Materials, and other content associated with your account(s) related to the Apps (or any part thereof), and (iii) barring your further use of the Apps.
  4. Upon termination of this Agreement:
    1. You will be responsible for payment through the end of the applicable calendar month within which the Apps were provided following the effective date of termination;
    2. You shall immediately discontinue use of the Apps and uninstall and discontinue use of any software affected by such termination and promptly certify to us that you have discontinued use of and returned or destroyed all copies of the affected software then in your possession, including all documentation related thereto; and
    3. those provisions of this Agreement that by their terms are intended to survive termination or expiration of this Agreement will survive and remain in full force and effect.

8. LINKS

  1. The Apps may provide links to third party websites (“sites”) or resources. Because JT Solutions B.V. has no control over such sites and resources, you acknowledge and agree that JT Solutions B.V. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JT Solutions B.V. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. PROPRIETARY RIGHTS AND IP

  1. All title, ownership and intellectual property rights in and to the materials contained in the Apps are owned by JT Solutions B.V. or its licensors. Unless noted otherwise, all content, software, and other materials made available or through the website are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms.
  2. Nothing contained on or in any of our Apps, including our website, should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed without our written permission or any such third party that may own the trademarks. Your misuse of our trademarks displayed on the Apps, or any other content on the Apps, except as provided in these Terms, is strictly prohibited. You acknowledge and agree that we will enforce our intellectual property rights to the fullest extent permitted by law.
  3. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others.
    1. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the App; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    2. Notice of claims of copyright or other intellectual property infringement can be reached in the following ways: via email support@pintracks.io or written notice mailed to Pijlstaart 8, 3435DP, Nieuwegein, The Netherlands.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPS IS AT YOUR SOLE RISK. THE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JT Solutions B.V. APPS EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. JT Solutions B.V. APPS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPS IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JT Solutions B.V. APPS OR THROUGH OR FROM THE APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT JT SOLUTIONS B.V., ITS AFFILIATES, OWNERS, MEMBERS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JT Solutions B.V. APPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPS; OR (IV) ANY OTHER MATTER RELATING TO THE APPS. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. WE AND OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE APPS TO YOU.

12. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JT SOLUTIONS B.V. APPS’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU ACTUALLY RECEIVED BY JT Solutions B.V. APPS FOR THE 3 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

13. GENERAL INFORMATION

  1. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
  2. Notice. JT Solutions B.V. may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the Apps or our website; provided, however, that this Section places no requirements on us not already expressly set forth herein.
  3. Choice of Law and Dispute Resolution.
  4. Attorney Fees. If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
  5. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Apps or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  6. Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
  7. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
  8. Publicity. You grant us the right to add your name and company logo to our customer list and website.
  9. Force Majeure. Neither party will be liable to the other party for its in ability or failure to perform, or delay in performing, any obligations under this Agreement caused by a Force Majeure Event. The party affected by the Force Majeure Event will notify the other party once its performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event. Notwithstanding anything to the contrary herein, a Force Majeure Event shall not include the failure to make timely payments when due. A “Force Majeure Event“ includes any act, event, non-happening, omission or accident beyond reasonable control and includes, without limitation, the following: the acts, decrees, legislation, orders, regulations or restrictions of any government strikes, lock-outs, riot, invasion, terrorist attack, war, fire, explosion, storm, flood, earthquake, or other natural disaster.
  10. Waiver. Any omission to exercise, or delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of that, or any other, right or remedy. The waiver by any party to this Agreement of any of its rights or remedies arising under this Agreement or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.
  11. Severability. If any provision of this Agreement is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired. If any provision of this Agreement is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
  12. Independent Contractors; No Partnership. Nothing in this Agreement is intended to or shall be construed as establishing or implying any partnership, joint venture or agency of any kind between the parties other than that of independent contractors, and nothing in this Agreement shall be deemed to constitute any party as the agent of any other party. No party shall have any authority to act in the name of, or on behalf of, or otherwise to commit or bind any other party in any way whatsoever (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  13. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
  14. Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
  15. Entire Agreement. These Terms constitute the entire agreement between you and JT Solutions B.V. with respect to your use of the Apps.

Terms and Conditions PinTracks (part of JT Solutions B.V.)

Contents

ARTICLE 1: DEFINITIONSARTICLE 2: IDENTITY OF THE COMPANYARTICLE 3: EMPLOYEE’S WORKARTICLE 4: APPLICABILITYARTICLE 5: OFFERARTICLE 6: AGREEMENTSARTICLE 7: THE PLATFORMARTICLE 8: Registration and Use of PasswordARTICLE 9: PAYMENTARTICLE 10: CANCELLATIONARTICLE 11: SUBSCRIPTIONSARTICLE 12: PRIVACY POLICYARTICLE 13: ENGAGING THIRD PARTIESARTICLE 14: LIABILITYARTICLE 15: DEFAULT AND DISSOLUTIONARTICLE 16: FORCE MAJEUREARTICLE 17: INTELLECTUAL PROPERTY AND COPYRIGHTARTICLE 18: COMPLAINTS PROCEDUREARTICLE 19: APPLICABLE LAWARTICLE 20: AMENDMENT CLAUSE

ARTICLE 1: DEFINITIONS

JT Solutions B.V. also trading under the name PinTracks

The entrepreneur acting in the exercise of a profession or business, further referred to as: the entrepreneur;

Company:

The company that acts in the exercise of a profession or business. Further to be called: customer;

Consumer:

The natural person who is not acting in the exercise of a profession or business and enters into an agreement (at a distance) with the entrepreneur. Hereinafter to be called: customer;

BW:

Civil Code of the Netherlands;

Agreement:

Offer and acceptance between the entrepreneur and customer;

Service:

All products and services provided to the Customer by JT Solutions B.V. and/or third parties engaged by it.

User:

The natural person whether or not in the exercise of a profession or business who visits the Platform, uses and/or views content.

Subscription:

The fixed-term subscription which gives the User access to the program during the subscription period.

Offer:

any Offer to the User for the provision of services by PinTracks.

Platform:

The online platform on which the Customer can find their purchased Programs.

ARTICLE 2: IDENTITY OF THE COMPANY

JT Solutions B.V. also trading under the name PinTracks

The entrepreneur acting in the exercise of a profession or business, further referred to as: the entrepreneur;

Name of the entrepreneur:

JT Solutions B.V. also trading under the name PinTracks

Establishment address:

JT Solutions B.V.

KVK: –

BTW: –

Pijlstaart 8

3435DP, Nieuwegein.

Email address:

support@pintracks.io

Chamber of Commerce number:

–

ARTICLE 3: EMPLOYEE’S WORK

Showcasing current trends and finding top converting content on Pinterest.

ARTICLE 4: APPLICABILITY

1. These Terms and Conditions apply to all offers and to all contracts concluded with the Entrepreneur.

2. General terms and conditions of the client do not apply. In accordance with article 6:225 paragraph 3 of the Dutch Civil Code, the general terms and conditions of the entrepreneur always apply.

3. Before the remote agreement is concluded, the text of these general conditions will be made available to the customer. If this is not reasonably possible, before the (distance) agreement is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the customer’s request.

4. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the customer free of charge at his request electronically or in another way.

5. Other terms and conditions will only form part of the agreements concluded between the parties if and insofar as both parties have expressly agreed to this in writing.

6. The acceptance and retention by the customer, without comment, of a quotation or order confirmation which refers to these terms and conditions shall be deemed to constitute agreement to the application thereof.

7. A client to whom these general terms and conditions have applied is also deemed to have agreed to the application of these general terms and conditions to later requests from the client, to later offers issued by the Company, to later orders from the client, to later order confirmations from the Company, to later contracts to be concluded by the client with the Company and to all other later legal relationships between the client and the Company.

8. Should any provision of these general terms and conditions not be applicable or in conflict with public order or the law in the opinion of the competent court, only the provision in question will be considered as not written, but these general terms and conditions will remain in full force for the rest. Instead of a possibly invalid provision, a provision that comes closest to the intention of the parties will apply.

9. The possible inapplicability of (part of) a provision of these general conditions does not affect the applicability of the other provisions.

10. Other terms and conditions shall only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed to this in writing. The acceptance and retention by the customer, without comment, of a quotation or order confirmation which refers to these terms and conditions shall be deemed to constitute agreement to their application. The possible inapplicability of any (part of any) provision of these general terms and conditions shall not affect the applicability of the remaining provisions.

11. Contracts are only binding by written confirmation from the entrepreneur. Additions or changes to the general terms and conditions or otherwise changes or additions to this agreement only become binding after written confirmation by the entrepreneur.

ARTICLE 5: OFFER

1. The offer is without engagement. The entrepreneur has the right to change and adapt the offer. All offers, quotations, price lists, deadlines for execution etc. of the entrepreneur are without engagement, unless they contain a deadline for acceptance. If a quotation or offer contains a nonbinding offer and this offer is accepted by the Customer, the Entrepreneur has the right to withdraw the offer within five days of receiving the acceptance.

2. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer

3. The entrepreneur may rely on the accuracy of all the information provided by the customer during the application.

4. The offer contains a complete and accurate description of the services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

5. All images, specifications in the offer are indicative and may not lead to compensation or dissolution of the contract. Images are a true representation of the products offered.

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: The price excluding taxes;
– The way in which the agreement will be concluded and which actions are necessary for this;
– Whether or not the right of withdrawal is applicable;
– The method of payment and execution of the agreement;
– The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
– The level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
– Whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the customer;
– The manner in which the customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct them;
– Any other languages besides Dutch in which the agreement can be concluded;
– The codes of conduct to which the entrepreneur is subject and the way the customer can consult these codes of conduct electronically;
– The minimum duration of the distance contract in the event of an extended transaction.

7. A client to whom these general terms and conditions have applied is also deemed to have agreed to the application of these general terms and conditions to later requests from the client, to later offers issued by the Company, to later orders from the client, to later order confirmations from the Company, to later contracts to be concluded by the client with the Company and to all other later legal relationships between the client and the Company.

8. Should any provision of these general terms and conditions not be applicable or in conflict with public order or the law in the opinion of the competent court, only the provision in question will be considered as not written, but these general terms and conditions will remain in full force for the rest. Instead of a possibly invalid provision, a provision that comes closest to the intention of the parties will apply.

9. The possible inapplicability of (part of) a provision of these general conditions does not affect the applicability of the other provisions.

10. Other terms and conditions shall only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed to this in writing. The acceptance and retention by the customer, without comment, of a quotation or order confirmation which refers to these terms and conditions shall be deemed to constitute agreement to their application. The possible inapplicability of any (part of any) provision of these general terms and conditions shall not affect the applicability of the remaining provisions.

11. Contracts are only binding by written confirmation from the entrepreneur. Additions or changes to the general terms and conditions or otherwise changes or additions to this agreement only become binding after written confirmation by the entrepreneur.

ARTICLE 6: AGREEMENTS

1. The agreement comes into being at the moment of acceptance by the customer of the offer and the fulfilment of the conditions set therein.

2. If the customer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.

3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the client is able to pay electronically, the entrepreneur will take appropriate security measures. Please see the Privacy Policy

4. The entrepreneur can – within legal frameworks – inform himself whether the customer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

5. The entrepreneur will, together with the product or service, send the client the following information, in writing or in such a way that the client can store it in an accessible way on a durable data carr
– The visiting address of the establishment of the entrepreneur where the customer can go with complaints;
– the conditions on which and the way in which the Customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
– the information on guarantees and existing service after purchase;
– the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the customer before the execution of the agreement;
– The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In case of a duration contract, the provision in the previous paragraph only applies to the first delivery.

7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

8. Verbal undertakings are subject to reservation and are not binding, unless subsequently confirmed in writing by the Company.

9. Supplements or amendments to the general terms and conditions or otherwise amendments or additions to the contract must be agreed with the proprietor and confirmed in writing

ARTICLE 7: THE PLATFORM

1. When entering into an Agreement for the purchase of one or more Programs, the Customer obtains access to the Platform, in which they will find the Programs purchased. The Customer will have access to the Platform for as long as they have an account. The right to access ends when:
– the Agreement is dissolved or;
-PinTracks considers it necessary for any other reason to temporarily or permanently deny the Customer access to the Platform. In this case, the Customer will be informed by PinTracks of the reason for denying him access.

2. Some parts of the Programs or the Platform require an additional purchase. If the Customer makes purchases within the Platform, a new contract is entered into between him and PinTracks for this purpose.

3.The Platform may offer products and/or services from third parties, allowing visitors to enter into a contract with these third parties through the Platform. PinTracks is not responsible for the content and/or implementation of these contracts and refers to the General Terms and Conditions of the third parties involved. PinTracks in no way becomes a party to the contract between the customer and the third party.

ARTICLE 8: Registration and Use of Password

– We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store.
– As part of the registration process for the feature or function, you will choose a user name and password. Your username and password are personal to you and you may not allow any others person(s) to use your user name or password under any circumstances.
– We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password.
– You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.’
– Passwords are issued on a personal basis. Accordingly, all content or instructions transmitted by or received from anyone presenting your password on the site will be deemed binding on you. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.

ARTICLE 9: PAYMENT

1. Payment is made by credit card or iDEAL via the Website. If the Customer pays by credit card and reverses the amount paid, this will result in automatic termination of the Agreement and denial of access to the purchased Program.

2. PinTracks works with:
– Monthly subscription
– Annual subscription

ARTICLE 10: CANCELLATION

1. Cancellation is possible within fourteen (14) days after purchase, under the express condition that Customer has used the application more than 1 time. If the Customer used the application more than time within these 14 days, they expressly waive their right to cancel.

2. PinTracks can check for this purpose whether Customer has used the application or not. If PinTracks records show that the Customer has started and used the application, cancellation of the contract is no longer possible.

3. Cancellation must be in writing and expressly confirmed by PinTracks.

ARTICLE 11: SUBSCRIPTIONS

1. PinTracks offers payment per Subscription for some products. Customer has the choice between a monthly subscription (with a duration of 1 month) or if available a quarterly subscription (with a duration of 3 months).

2. The Subscription will automatically renew for the duration of one term upon expiration.

3. When purchasing the Subscription, payment is made directly via iDEAL or credit card. The customer authorizes PinTracks to charge the agreed amount for each automatic renewal of the Subscription by means of a direct debit.

ARTICLE 12: PRIVACY POLICY

1. On all our services, in addition to the terms and conditions also the Privacy Policy applies.

2. Entrepreneur is responsible for the processing of your personal data and attaches great importance to the protection of your personal data.

3. In this Privacy Policy we provide information on how we handle personal data. We do everything in our power to guarantee your privacy and therefore handle personal data with care. In all cases we comply with the applicable laws and regulations, including the General Data Protection Regulation. This implies that we in any case:
– Process your personal data in accordance with the purpose for which they were provided, these purposes and types of personal data are described in this Privacy Policy;
– Limit the processing of your personal data to only those data that are minimally necessary for the purposes for which they are processed;
– Ask for your explicit permission if we need this for the processing of your personal data; – Have taken appropriate technical and organizational measures so that the security of your personal data is guaranteed;
– Not pass on personal data to other parties, unless this is necessary for the execution of the purposes for which they were provided;
– Are aware of your rights regarding your personal data, want to point them out to you and respect them.

3. If after reading our Privacy Policy, or in a more general sense, you have any questions about it or wish to contact us, you can do so via the contact details at the bottom of this document.

4. To review your personal information and have it removed, contact us by EMAIL.

5. To modify or delete your personal data, please justify this desired modification.

6. In using this website or sending us email, you are communicating with us electronically. You consent to receive communications from us electronically subject to the Privacy Policy. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ARTICLE 13: ENGAGING THIRD PARTIES

The entrepreneur has the right to engage third parties for the execution of what has been agreed.

ARTICLE 14: LIABILITY

1. The proprietor does not accept any liability for damage, including consequential loss, resulting from his actions or omissions in the broadest sense of the word, except in so far as this is attributable to his gross negligence, gross fault and/or intent, or if statutory provisions of mandatory law dictate otherwise. The same restriction applies to members of staff and/or other third parties engaged by the entrepreneur in carrying out his activities.

2. Without prejudice to the provisions in the other paragraphs of this article, the liability of the entrepreneur – for whatever reason – is limited to the amount of the net price of the work carried out. Fulfilment of this guarantee is regarded as the only and complete compensation.

3. Without prejudice to the provisions of the previous paragraph of this article, the proprietor is never required to pay damages exceeding the sum insured, insofar as the damage is covered by a business liability insurance policy taken out by the proprietor.

4. In all cases the period within which the entrepreneur can be sued for compensation for the determined damage is limited to six months, counting from the moment that the indebtedness for the compensation has been established.

5. If the client is a natural person who is not acting in the course of a profession or business, there is a maximum period of 1 (one) year, counting from the moment at which the obligation to pay damages has been established, within which the entrepreneur can be called upon to compensate for the determined damage.

6. The client loses his rights towards the entrepreneur, is liable for all damage and indemnifies the entrepreneur against any claims by third parties regarding compensation of damage if and insofar as – the aforementioned damage has arisen as a result of inexpert use and/or use contrary to the instructions of the proprietor and/or inexpert storage of the items supplied by the client;
– the aforementioned damage has arisen as a result of errors or inaccuracies in data, materials, data carriers, etc. which are provided and/or prescribed to the entrepreneur by or on behalf of the client; – the aforementioned damage has arisen as a result of instructions given to the entrepreneur by or on behalf of the client.

ARTICLE 15: DEFAULT AND DISSOLUTION

1. If the customer defaults in any way, he will already be in default without any notice of default being required.

2. Without prejudice to the provisions of the law, the entrepreneur has the right to suspend the performances within the concluded agreement or to declare the agreement dissolved, completely or partially, without judicial intervention, at his discretion.

3. Notwithstanding the provisions of the other articles of these terms and conditions, the agreement entered into between the client and the entrepreneur will be dissolved without judicial intervention and without any notice of default being required, at the time when the client is declared bankrupt, is granted a suspension of payments, is liquidated, or is taken over by a third party, the customer intends to establish himself/herself outside the Netherlands or is the subject of an attachment order, is placed under guardianship or administration or otherwise loses the power of disposition or legal capacity with regard to its assets or parts thereof, unless the guardian in the bankruptcy or the administrator in the matter of the suspension of payments recognizes the obligations arising from the agreement as liabilities of the estate.

ARTICLE 16: FORCE MAJEURE

1. In the event of force majeure, the entrepreneur has the right to terminate all or part of the agreement without being obliged to pay any compensation.

2. Force majeure is understood to mean: every circumstance independent of the entrepreneur’s intention which makes proper fulfilment of the contract temporarily or permanently impossible. In the event of temporary impossibility, the entrepreneur also has the right to suspend his performance without being obliged to pay compensation.

3. Circumstances in which there is a question of non-attributable non-compliance are deemed to include: war, riots, mobilisation, domestic and foreign uprisings, government measures, strikes and lockouts by employees or the threat of these and similar circumstances; disruption of the exchange rates existing at the time when the contract was entered into; business interruptions as a result of fire, accidents or other occurrences and natural phenomena, irrespective of whether or not the noncompliance or late compliance takes place at the proprietor’s…, its suppliers or third parties engaged by it for the purposes of fulfilling the obligations.

4. In the event that the client, in any way, remains in default with regard to the entrepreneur to meet his obligations promptly, in the event of a suspension of payments, application for a (provisional) suspension of payments, bankruptcy, seizure, cession of assets or liquidation of the business of the client, all that is owed by him to the entrepreneur on account of any contact will become immediately due and payable in full.

ARTICLE 17: INTELLECTUAL PROPERTY AND COPYRIGHT

1.All intellectual property rights and copyrights within and on the services of the entrepreneur, including graphic designs, ideas, advice and the like, belong exclusively to the entrepreneur and are explicitly not transferred to the client.

2. The client is forbidden to disclose and/or multiply, modify in the broadest sense of the word, or make available in any way to third parties any information that has been shared by the entrepreneur without the explicit prior written consent of the entrepreneur.

3.The client is not permitted to remove or change any indication concerning copyrights, brands, trade names or other intellectual property rights from the materials, including indications concerning the confidential nature and secrecy of materials.

4. Each customer retains ownership, responsibility for and/or other applicable rights to content created by customer.

5. The parties will inform each other and take joint action if any IP rights are infringed.

ARTICLE 18: COMPLAINTS PROCEDURE

1.The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.

2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the customer has found the defects.

3.Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the customer can expect a more detailed answer.

4.If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 19: APPLICABLE LAW

1.All legal relationships arising from or related to the contract of carriage are governed by Dutch law. With the exclusion of the provisions of international conventions including the Vienna Sales Convention, in so far as these do not contain mandatory law.

2. The entrepreneur has the right to unilaterally amend these user conditions. The customer will be informed of this as soon as possible.

3.All disputes arising out of or in connection with the Agreement will be settled by the competent court in Central Netherlands, location Utrecht, unless mandatory provisions lead to the jurisdiction of another court.

ARTICLE 20: AMENDMENT CLAUSE

1.The entrepreneur reserves the right to change the general terms and conditions unilaterally and without the consent of the customer.

2. Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable for the customer will prevail.

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