These are the Terms of Service for AssistiveWare Account (the "Terms") of AssistiveWare B.V., having its office at the Laurierstraat 193 (1016 PL) in Amsterdam, the Netherlands, and registered with the Dutch Chamber of Commerce under number 34323889 (“Provider”), applicable in connection with the registration for and use of an AssistiveWare Account (“Account”).

By registering for an Account, you (the “User”) accept the applicability of these Terms, which will also need to be actively accepted through ‘opt-in’ when completing the account registration for the first time. These Terms can also be viewed and downloaded from our website at assistiveware.com/account-terms or will be sent to you upon request.

  1. DEFINITIONS
    1. In these Terms, words written with capitals and not defined elsewhere will have the following meaning:
      1. Force Majeure: means an event, or a series of related events, that is outside the reasonable control of Provider, including but not limited to: i) war, disasters, explosions, fires, floods, riots and terrorist attacks; ii) governmental measures or boycotts; iii) failures of the Internet or any public telecommunications network, failures of cloud providers (e.g. AWS), electricity failures; iv) hacker attacks, denial of service attacks, virus or other malicious software attacks or infections: v) failures of third party service providers; vi) strike actions; vii) pandemics.
      2. GDPR: means the General Data Protection Regulation (Regulation (EU) 2016/679).
      3. Intellectual Property: means any and all intellectual property rights, whether registered or unregistered, such as but not limited to patent rights, copyrights (including rights in source code and object code), database rights, rights in designs, utility models, trademarks, trade and business names and all associated goodwill, rights in or in connection with know-how and trade secrets.
      4. User Data: means all data collected or stored in or via use of the Account by the User.
    2. Unless the context shows otherwise, the defined concepts in the singular include also the plural and vice versa.
    3. Any reference to the words ‘written’ or ‘in writing’ will mean to include emails.
  2. GENERAL
    1. These Terms apply to the registration for, use and availability of an Account. By registering for an Account, the User agrees with and accepts the applicability of these Terms. These Terms constitute the entire agreement between the Provider and the User with regard to the use of and access to the Account.
    2. Additions to or deviations from these Terms shall only apply if and where agreed in writing with Provider.
    3. If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of these Terms will not be impaired thereby. In such event, Provider will replace the invalid provision with a provision that is valid and enforceable thereby taking into account the intention of the original provision.
    4. Provider is entitled to unilaterally amend the Terms at any time. The updated Terms will be communicated through a service email. In the event the User does not wish to accept the amended version of the Terms, the User should refrain from further using the Account and contact Provider immediately.
    5. These Terms have also been drawn up for the benefit of: (a) all companies which Provider is affiliated with in a group, has or has had a management or cooperation agreement with including their directors and shareholders; and (b) all directors, (former) employees and third parties (as well as their heirs) who work/have worked in any way for or were affiliated with or employed by Provider. The Terms apply as a third-party clause as referred to in Book 6, Section 253 of the Dutch Civil Code for the benefit of all persons and legal entities referred to in this clause. As a result they are entitled to invoke the respective provisions in these Terms as the occasion arises.
  3. ACCOUNT
    1. The User will be independently responsible for managing and controlling the Account, and accepts responsibility for all activities that occur under its/their Account.
    2. Any information provided by the User that is necessary for registering, accessing and/or using the Account, shall be accurate, complete and up to date at all times. The User also acknowledges and warrants that he, she or they is/are not a minor (<16 years), or that the User has permission from their guardian(s) to act as a User for themselves. Provider withholds the right to (temporary) suspend or terminate the Account in the event Provider has reasonable grounds to suspect that the provided information by the User is inaccurate or incomplete.
    3. The User agrees not to disclose access links, passwords or other credentials in connection with the Account to unauthorized third parties and shall notify Provider immediately upon becoming aware of any breach of security or unauthorized use of the Account. Provider cannot and will not be held liable for any loss or damages resulting from the User’s failure to maintain the secrecy or security of the Account.
    4. The User furthermore agrees to restrict access to any third parties.
    5. The User can, at any time, request the removal of the Account and the User Data connected thereto by sending an email to support@assistiveware.com.
  4. ACCEPTABLE USE RESTRICTIONS
    1. The User agrees not to (and not to attempt to), either directly or indirectly:
    2. use the Account for any illegal, fraudulent or unauthorized purpose;
    3. take any action that interferes or attempts to interfere with the normal and proper working of the Account or any activities conducted through the Account;
    4. engage in any activity that causes, or may cause, damage to the Account or impairment of the availability or accessibility of the Account;
    5. upload or transmit viruses or any other type of malicious or destructive code;
    6. spam, phish, pharm, pretext, spider, crawl, scrape or mine;
    7. remove or alter any copyright notices or other proprietary notices on or in the Account;
    8. interfere with or circumvent the security features of the Account (or part thereof).
    9. Although Provider undertakes to provide and maintain the Account with the most reasonable care, the availability of the Account cannot be guaranteed at all times, nor that it shall at all times function without error or interruption. The User agree to indemnify and hold Provider harmless from and against any claim, demand, damages or costs (including attorneys’ fees) that arise or may arise out of the non-availability or malfunction of the Account.
    10. Provider may suspend access by the User to the Account without prior notice if Provider reasonably believes that the User is acting in violation of the Terms. Provider cannot be held liable for damage or refund claims of the User as a result of any such suspension or termination.
    11. Provider also reserves the right to modify, discontinue or terminate, temporarily or permanently, the Account or any part thereof, for any reason and at any time. Provider cannot be held liable for damages or loss of the User or any third party as a consequence of any such modification, discontinuance or termination.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property Rights in and related to the Account shall exclusively vest in Provider or its licensors. The User only acquires those rights of use that are explicitly granted under and in accordance with these Terms.
    2. Provider reserves any and all Intellectual Property Rights in and related to the Account or otherwise.
  6. PRIVACY
    1. Provider collects and processes User Data thereby including personal data when the User registers and makes use of the Account. Provider process such personal data in accordance with the terms set out in the applicable Privacy Statement, as available on assistiveware.com/privacy.
  7. APPLICABLE LAW AND COMPLAINTS
    1. These Terms have been construed and shall be exclusively governed by the laws of The Netherlands.
    2. If the User disputes any provision under these Terms, the User will at all times first file a complaint per email or in writing to the Provider. Provider will respond to the complaint as soon as possible, in any event within ten (10) days. Provider and User will both discuss the complaint and aim to find an amicable solution within thirty (30) days as from the date of filing the complaint.

Version October 2023