Terms and conditions for Appmonit
The service "Appmonit" is offered over the internet in the form of Software-as-a-Service by the company Appmonit BV. The use of Appmonit is subject to the below terms and conditions. Using Appmonit constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Appmonit BV.
Article 1. Use of the service
- The service Appmonit allows you to create online forms for third parties to fill in and to process the results for online viewing. It is up to you which data you want people to fill in and what you do with the results.
- To use Appmonit, you first need to register. After completing registration, you can directly log into your account and use the servce.
- You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Appmonit BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Appmonit BV that someone else knows your password.
- Appmonit allows you to process personal data. Appmonit BV acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless Appmonit BV against all claims by third parties in connection with this Act.
- It it is not permitted to use Appmonit for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
- Should Appmonit BV discover that you violate any of the above, or receive a complaint alleging the same, then Appmonit BV may intervene to end the violation.
- If in the opinion of Appmonit BV the continued functioning of the computer systems or network of Appmonit BV 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, Appmonit BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- Appmonit BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Article 3. Availability and maintenance
- Appmonit BV uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
- Appmonit BV actively maintains Appmonit. 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.
- Appmonit BV may from time to time adapt Appmonit. Your feedback and suggestions are welcome but ultimately Appmonit BV decides which adaptations to carry out (or not).
Article 4. Intellectual property
- The service Appmonit, the accompanying software as well as all information and images on the website is the intellectual property of Appmonit BV. None of these items may be copied or used without prior written permission of Appmonit BV, except and to the extent permitted by mandatory law.
- Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Appmonit BV 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.
- If you send information to Appmonit BV, for example a bug report or suggestion for improvement, you grant Appmonit BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
- Appmonit BV shall refrain from accessing data you store or transfer using Appmonit, unless this is necessary for a good provision of the service or Appmonit BV is forced to do so by law or order of competent authority. In these cases Appmonit BV shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
- The use of certain functions of Appmonit is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.
- Payment is possible by creditcard, or as explained further on the website.
- Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
- Except in case of intentional misconduct or gross negligence the liability of Appmonit BV shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
- Appmonit BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
- Damages may only be claimed if reported in writing to Appmonit BV at most two months after discovery.
- In case of force majeure Appmonit BV 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
- This agreement enters into force as soon as you first use the service and then remains in force for a month.
- After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal 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 by the end of the term indicated in the previous clause with a notice period of one month.
- Appmonit BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Appmonit BV shall first send a reminder mail to the e-mail address connected to your account.
- Upon request and payment of an additional fee Appmonit BV may provide you with a copy of the data stored using the service. Contact us for options and costs.
Article 8. Changes to terms
- Appmonit BV may change or add to these terms and conditions as well as any prices at any time.
- Appmonit BV shall announce through the service changes or additions at least thirty days before their taking effect.
- 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 Appmonit after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
- Dutch law applies to this agreement.
- Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Appmonit shall be brought before the competent Dutch court for the principal place of business of Appmonit BV.
- 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 Appmonit 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.
- The version of any communication of information as recorded by Appmonit BV shall be deemed to be authentic, unless you supply proof to the contrary.
- 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.
- Appmonit BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Appmonit or the associated business activities.