Terms of Service

Stairoids.com

The Stairoids service (hereinafter referred to as "the Service") is offered via the internet by Stairoids (hereinafter referred to as "the Provider") as Software-as-a-Service (SaaS). The use of the Service is subject to the following terms and conditions. By using the Service, you agree to the applicability of these terms and conditions. Deviations from these terms and conditions are only binding if agreed upon in writing by the Provider.

Article 1. Use of the Service

1.1. The Service enables the User to integrate available data streams within the marketing and sales departments of the User and gain insights into the companies and buyer personas currently expressing interest in the User's products or services.

1.2. To use the Service, the User must first register. After registration, the Provider will review the application and inform the User of its approval.

1.3. The User is required to secure access to their account using a username and password, which must be kept strictly confidential. The Provider assumes that all activities conducted from the User's account, after logging in with the username and password, are the responsibility of the User. The User is liable for such activities unless they have reported that a third party is aware of the password.

1.4. The Service processes personal data of visitors to the User's website. The User acts as the data controller within the meaning of the General Data Protection Regulation (GDPR), while Stairoids functions as a processor. The Stairoids data processing agreement applies and takes precedence over the provisions of these general terms and conditions.

Article 2. Rules of Use

2.1. The User is prohibited from using the Service for actions that violate applicable laws and regulations, including but not limited to storing or distributing discriminatory, defamatory, or slanderous information.

2.2. If the Provider determines that the User is in breach of the terms of use, or if a complaint is filed, the Provider reserves the right to take measures to end the violation.

2.3. In the event of damage or threats to the functionality of the Provider's systems or third parties, such as through excessive data traffic, viruses, Trojan horses, or other malicious software, the Provider has the right to take all necessary measures to mitigate this risk.

2.4. The Provider is entitled to report criminal offenses related to the use of the Service.

2.5. The User indemnifies the Provider against all claims from third parties arising from a violation of these terms of use.

Article 3. Availability and Maintenance

3.1. The Provider will endeavor to make the Service continuously available but does not guarantee that the Service will function without interruption at all times.

3.2. Maintenance work will preferably take place during nighttime hours and, if possible, will be announced in advance. In the event of emergencies, maintenance can take place at any time without prior notice.

3.3. The Provider reserves the right to modify the functionality of the Service at its discretion. Although the Provider welcomes feedback, it is up to the Provider to determine which changes will be implemented.

Article 4. Intellectual Property

4.1. The Service, including its software, documentation, and other content, is the exclusive intellectual property of the Provider. Without prior written consent from the Provider, the User is not permitted to copy, distribute, or otherwise use this content, except where required by law.

4.2. Information stored or processed by the User through the Service remains the property of the User (or their suppliers). The Provider has a limited right to use this information in the context of delivering the Service. This right may be revoked by the User by deleting the information or terminating the agreement.

4.3. If the User sends information to the Provider, such as feedback or suggestions, the User grants the Provider an unlimited, worldwide, and perpetual right to use this information in the context of the Service, unless otherwise specified by the User.

4.4. The Provider will not access data stored or distributed by the User through the Service unless necessary for the provision of the Service or if legally required.

Article 5. Fees for the Service

5.1. The use of the Service is subject to fees, which are charged for specific functionalities. The User will be informed about the costs of these functionalities. Fees are invoiced in advance on a monthly basis.

5.2. Payment may be made via direct debit or by transferring the amount to the Provider's bank account.

5.3. Due to the nature of the Service, which is provided immediately upon request by the User, payments cannot be reversed under the Dutch Distance Selling Act.

Article 6. Liability

6.1. The liability of the Provider, except in cases of intent or gross negligence, is limited to the amount paid by the User in the three months prior to the incident causing the damage.

6.2. The Provider is not liable for indirect damage, consequential damage, loss of profit, missed savings, or damage due to business interruption.

6.3. To establish a right to compensation, the User must report the damage in writing to the Provider within two months of its discovery.

6.4. The Provider is not obligated to compensate for damages in the event of force majeure. Force majeure includes, but is not limited to, disruptions in internet connections, power outages, and unforeseen circumstances such as war, mobilization, strikes, or natural disasters.

Article 7. Duration and Termination

7.1. The agreement takes effect upon the first use of the Service and lasts for the agreed-upon billing period.

7.2. The agreement may be terminated monthly with a notice period of one month. For annual or biennial billing, the agreement must be terminated at least one month before the end of the current period.

7.3. Termination must be done via the User's account or through the method specified on the website.

7.4. The User may download the data stored or processed via the Service at any time.

Article 8. Amendments to Terms and Conditions

8.1. The Provider reserves the right to amend these terms and conditions and associated prices at any time.

8.2. Changes will be communicated to the User through the Service at least thirty days before they take effect.

8.3. If the User does not accept the changes, they may terminate the agreement before the changes take effect. Continued use of the Service after the effective date of the changes will be considered acceptance of the amended terms and conditions.

Article 9. Miscellaneous Provisions

9.1. These terms and conditions are governed by Dutch law.

9.2. All disputes related to the Service will be submitted to the competent court in the Netherlands.

9.3. Notices may be made in writing or by email, provided it is sufficiently established that the notice originates from the intended sender.

9.4. The version of communications as stored by the Provider is deemed to be correct unless the User proves otherwise.

9.5. If a provision of these terms and conditions is found to be void, the remaining provisions will remain in full force. The parties will replace the void provision with a new one that approximates the original intent as closely as possible.

9.6. The Provider is entitled to transfer its rights and obligations under this agreement to a third party.