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Cloud terms

The TimeMoto® service is provided by the private limited company Safescan B.V., with its registered office in Zoetermeer (the Netherlands) at Heliumstraat 14 (2718 SL), and which can be reached via the email address info@timemoto.com. Safescan is registered in the trade register of the Chamber of Commerce under number 2713.1933. Safescan’s VAT number is NL009391241B01.

Safescan places great value on its relationships with its customers. Safescan therefore considers it important to clearly explain what terms and conditions are attached to the use of TimeMoto®. By using TimeMoto®, you agree to these terms and conditions.

1. Applicability
These Terms and Conditions apply to agreements concluded by Safescan with regard to the use of the software-as-a-service services offered by Safescan under the name TimeMoto®.

2. Rights of use and intellectual property
2.1 Safescan grants a right of use to TimeMoto® for the duration of the agreement (“Licence Period”). The right of use is not exclusive and not transferable. All intellectual property rights relating to TimeMoto® are vested in Safescan or its licensors, if any. You may use TimeMoto® only in and for your own business or organisation and solely for its intended use. You are not entitled to make TimeMoto® available to third parties or grant third parties access to it in any way. “You” means the natural person who or legal entity that concludes the agreement with Safescan with regard to the use of TimeMoto®.

2.2 If the licence type you have chosen is limited to a specific number of users, you may not allow TimeMoto® to be used by more users than stated on the TimeMoto® website.

2.3 In order to exercise your right of use, you will have one or more user names and corresponding passwords at your disposal. These are strictly personal and may only be used by the persons in whose name user names are registered. User names may not be shared by persons. If someone logs in to your account by entering the user name and password as provided to you, Safescan assumes that this login is made with your consent. If you know or suspect that your user name and/or password is being used in violation of these Terms and Conditions, you must immediately report this to Safescan.

2.4 Safescan is entitled to issue an updated version of TimeMoto® (upgrade).

2.5 TimeMoto® can also be used on mobile devices. However, Safescan does not guarantee that TimeMoto® is compatible with every mobile device. The TimeMoto® app can be downloaded from the Apple app store or from the Google Play store. These Terms and Conditions only relate to the relationship between Safescan and you.

3. Fee
3.1 You will owe a fee for the use of TimeMoto® after expiry of the Trial Period (see Article 7.1) and depending on the licence type chosen. The amount of the fee can be found on the TimeMoto® website. This fee must always be paid in advance by credit card. If the agreement is renewed, the amount of the fee owed by you will be debited from your credit card. Your right of use will be suspended as long as your credit card cannot be debited for the full amount due. You are not entitled to set off the fee owed to Safescan or to suspend your payment obligations.

3.2 Safescan is entitled to adjust the amount of the fee. This adjustment will take effect upon the next extension of the Licence Period. Any adjustment of the fee will be announced at least thirty calendar days before taking effect.

3.3 If Safescan offers a free version of TimeMoto® and you use this version, no fee is owed. Safescan may at any time decide to terminate the free version of TimeMoto® and/or to change it to a paid version. If Safescan decides to change the free version to a paid version, you will be notified at least thirty calendar days in advance. If you indicate in such a case that you do not wish to use a paid version of TimeMoto®, this agreement ends.

4. Functionality of TimeMoto
4.1 TimeMoto® is offered “as is”. The functionality to which your right of use relates depends on the licence type chosen. The licence types can be found on the TimeMoto® website.

4.2 Safescan may unilaterally, without notification and at any time, decide to add, remove and/or change functionalities.

4.3 You are responsible for TimeMoto® being compatible with hardware and/or other software. Safescan makes no warranty in this respect, not even if it is indicated on the TimeMoto® website or elsewhere that TimeMoto® can be linked to third-party software and/or hardware.

4.4 Safescan is not responsible for third-party products. Safescan makes no warranty for the operation and/or availability of third-party products, of which it is indicated on the TimeMoto® website or elsewhere that they can be linked to TimeMoto®.

5. Maintenance
5.1 The granting of a right of use to TimeMoto® is considered a best-efforts obligation on Safescan’s part. This means that Safescan does not warrant the continuous availability of TimeMoto®, for example because there might be network failures, and does not warrant that TimeMoto® functions without errors.

5.2 In order to exercise the best-efforts obligation described in the first paragraph, Safescan will perform maintenance on TimeMoto® from time to time. TimeMoto® will not be available during such maintenance.

6. Liability and indemnification
6.1 Except for wilful intent or deliberate recklessness on the part of its managers, Safescan’s liability is excluded, regardless of its legal basis. Safescan’s liability for indirect damage is always excluded. In any event, indirect damage is understood to mean loss of profit, loss of savings, reduced goodwill, business interruption, employee or third-party claims and corruption or loss of data.

6.2 You indemnify Safescan, its employees and any other agents engaged for the performance of the agreement against any third-party claim in connection with the use of TimeMoto®, including the processing of personal data, in so far as such claims are more or different than those that you are entitled to make vis-à-vis Safescan.

7. Term and termination
7.1 The initial Licence Period is 30 days (“Trial Period”). During the Trial Period, you can use TimeMoto® free of charge. After expiry of the Trial Period, the agreement ends unless you have extended the Licence Period before the expiry. You can use a free Trial Period only once.

7.2 The Licence Period may be extended for a period of 30 days or one year, at your discretion.

7.3 If no notice of termination is given or notice of termination is given too late and you do not choose any other Licence Period or licence type, the Licence Period will be tacitly extended for the duration and for the licence type you have most recently chosen. The fee owed will be debited from your credit card.

7.4 Notice of termination may only be given with effect from the end of the applicable Licence Period and with due observance of at least the applicable notice period. The applicable notice period is 30 days for a Licence Period of one year and seven days for a Licence Period of 30 days.

7.5 Regardless of the licence type, Safescan is always authorised to terminate the agreement without having to observe a notice period.

7.6 At the end of the agreement, the right to use TimeMoto® lapses. You are responsible for securing the data before the end of the agreement. Safescan may destroy that data at the end of the agreement. Data is understood to mean the data stored by you in TimeMoto®. The personal data is subject to the provisions of the data processing agreement concluded between Safescan and you.

8. Confidentiality
The parties undertake to keep confidential any information that they have received from each other of which they know or can reasonably suspect that such information must be treated as confidential. This does not apply if the other party is required to provide that information under applicable law and/or regulations or a judicial decision.

9. Choice of law and forum
The agreement is governed by Dutch law. Unless rules of mandatory law provide otherwise, disputes between you and Safescan can only be submitted to the District Court of The Hague.

10. Final provisions
10.1 Any oral commitments and agreements are superseded. Additions or amendments to the agreement or these terms and conditions are only valid if they have been agreed in a document that is signed and dated by both parties.

10.2 Safescan is authorised to unilaterally amend or supplement these Terms and Conditions. Safescan will inform you in advance of any amendment or supplement.

10.3 Rights and obligations under the agreement are not transferable without the consent of the other party.

10.4 Safescan will process personal data in the manner described in the data processing agreement concluded between you and Safescan. These General Terms and Conditions and the data processing agreement are inextricably linked.