Terms of Service

Acceptance of Terms

By accessing and using the website and services provided by systembuilduing B.V. ("Company," "we," "our," or "us"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

Company Information

These Terms govern your relationship with:

Description of Services

systembuilduing provides subscription commerce solutions, including platform development, customer management systems, analytics and insights, and related consulting services for retail and e-commerce businesses. Our services are designed to help businesses implement and optimise subscription-based revenue models.

User Obligations

When using our services, you agree to:

• Provide accurate, current, and complete information when creating an account or using our services
• Maintain the security and confidentiality of your account credentials
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the integrity or performance of our services
• Not attempt to gain unauthorised access to our systems or networks
• Comply with all applicable laws and regulations in your use of our services
• Respect the intellectual property rights of systembuilduing and third parties

Prohibited Uses

You may not use our services to:

• Engage in any illegal, fraudulent, or harmful activities
• Transmit viruses, malware, or other harmful code
• Spam, harass, or abuse other users or our staff
• Violate the privacy or rights of others
• Reverse engineer, decompile, or disassemble our software
• Use our services to compete with our business

Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and designs, are owned by systembuilduing or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our intellectual property without our express written consent.

Service Availability

We strive to maintain high service availability, but we do not guarantee that our services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of our services.

Payment Terms

Payment terms for our services will be specified in separate service agreements or invoices. All fees are due and payable in accordance with the terms specified. We reserve the right to suspend or terminate services for non-payment. All prices are exclusive of applicable taxes unless otherwise stated.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, systembuilduing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services. Our total liability for any claim arising from or relating to these Terms or our services shall not exceed the amount paid by you to us in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless systembuilduing, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of our services.

Termination

Either party may terminate these Terms and your access to our services at any time, with or without cause, by providing written notice. Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination will remain in effect, including intellectual property rights, limitation of liability, and governing law clauses.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, pandemic, government action, war, terrorism, or other causes beyond our reasonable control.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

Dispute Resolution

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved through negotiation within thirty (30) days, it may be submitted to mediation or arbitration as agreed upon by the parties.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and systembuilduing concerning our services.

Contact Information

If you have any questions about these Terms, please contact us: