Article 1. General
- The applicability of any purchase conditions or other conditions of the user is explicitly rejected.
Article 2. Use of MTinfo 3000
- You will receive a personal account from us with a password granting you access to MTinfo 3000. You will need to change the password to a personal, sufficiently strong password. Only you are allowed to use the personal account. You are not allowed to give anyone else access to (a copy of) the platform and/or our software.
- You must keep your account details and password a secret. You are liable for any actions performed after the account data and the password are used to log in.
- You are to use the platform in a careful, reasonable manner, taking into account the interests of Dual Inventive and other users of our services. You must take care that you do not to violate any interests or rights of third parties and that you do not break any applicable laws and/or regulations.
- You are personally responsible for the technical functioning and maintenance of your internet connection, internal network and all other IT systems that are required for the use of MTinfo 3000.
- We have the right to change MTinfo 3000, implement updates and modify, remove or add certain properties or functionalities of MTinfo 3000.
Article 3. Quality, security and availability
- MTinfo 3000 and its managed environment have been set up in accordance with the guidelines provided by ISO standards for information security (ISO 9001, 27001 and NEN 7510).
- The data that are hosted within MTinfo 3000 are stored within the European Union. Distributed backups are provided.
- We strive to keep MTinfo 3000 optimally secure and available (24 hours a day, 7 days a week, 365 days a year). Our target minimum availability is 99.9%.
- We perform regular maintenance to ensure maximum availability. MTinfo 3000 will be (partially) unavailable during maintenance. Maintenance is performed in principle outside of peak hours to limit inconvenience. You will be notified via the MTinfo 3000 platform at least 5 business days before the scheduled maintenance. In emergency situations we may not be able to notify you (in time).
- We monitor MTinfo 3000 proactively for failure notifications. In the event of a failure we make every effort to resolve it as soon as possible with minimal inconvenience for the user.
- We ask that you notify us immediately in the event of an MTinfo 3000 failure, for example if you receive an error message or a functionality stops working. You can do this by sending an e-mail to email@example.com or in case of emergency by calling +31 6 46 32 81 78.
Article 4. Intellectual property rights
- Dual Inventive group (and its licensor(s) or suppliers) is the exclusive owner of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code and know-how applicable to or arising from MTinfo 3000 and related software.
- The right to use MTinfo 3000 is granted only for the term of the agreement. You cannot claim the intellectual property rights referred to in Section 1. The right to use MTinfo 3000 is not exclusive and you are not permitted to transfer or license the right to use MTinfo 3000 without prior written permission from Dual Incentive group.
Article 5. Privacy
- Dual Inventive always treats data in conformity with the applicable privacy regulations, including the General Data Protection Regulation. For more information please see our Privacy Statement of MTinfo 3000. This statement can be found on the Dual Inventive website; dualinventive.com.
- Our processing activities are subject to our Processor Terms and Conditions. These Processor Terms and Conditions can be found on the Dual Inventive website; dualinventive.com.
Article 6. Confidentiality
- We trust that all data and information you give us is accurate.
- We will treat all data and information pertaining to you and provided by you confidentially in accordance with the applicable laws.
Article 7. Liability
- If the Dual Inventive is liable for any losses suffered by you or third parties, this liability is limited to what is specified in this provision.
- Dual Inventive is not liable for any losses, of whatever nature, resulting from the incorrect use of its services including MTinfo 3000, or for losses that are the result of Dual Inventive using incorrect and/or incomplete data provided by you or on your behalf.
- If Dual Inventive is liable for any losses, Dual Inventive’s liability is always limited to the amount paid out by its insurer in that event.
- If Dual Inventive’s insurer does not cover the loss, Dual Inventive will pay compensation for the loss up to an amount that is equal to twice the invoice amount of the provided services in the year in question; this only includes the invoice amount of the services to which the liability applies.
- Dual Inventive is only liable for direct damage, under “direct damage” is exclusively understood: (i) reasonable costs to prevent or limit the damage insofar as it can be demonstrated that these costs have contributed to the prevention or limitation of the damage, and (ii) reasonable costs of determining the damage and the liability, both insofar as related to the agreement and to damage within the meaning of these terms and conditions.
- Dual Inventive is not liable for indirect losses, including consequential loss, lost profit, missed savings and losses due to business interruption.
- Claims based on this article become time-barred if the damage has not been reported in writing to Dual Inventive within three months after discovery.
- Deficiencies of whatever nature in the services provided by third parties, such as data storage or telecommunication service providers cannot be imputed to Dual Inventive and Dual Inventive is not liable for any losses caused by these deficiencies.
- The limitations of liability included in this article do not apply if the loss is due to gross negligence on the part of Dual Inventive.
Article 8. Force majeure
- Dual Inventive is not required to fulfill any obligations to you under these Terms and Conditions if it is prevented from doing so by circumstances for which it is not at fault and for which it is not responsible on the basis of the law, a legal action or generally accepted standards, including force majeure.
- Dual Inventive is allowed to suspend the obligations under the agreement while the force majeure lasts. If this period lasts longer than two months, each of the parties has the right to terminate the agreement without being required to compensate the other party.
Article 9. Indemnification
- You indemnify Dual Inventive against any claims from third parties who suffer loss related to the implementation of agreement that can be imputed to someone other than Dual Inventive.
- If such a claim is brought against Dual Inventive by a third party, you are required to assist Dual Inventive in and out of court and to do whatever can be expected of you in that case without delay. If you fail to take adequate measures, Dual Inventive has the right to take its own measures without further notification. All resulting costs and losses on the part of Dual Inventive and third parties are fully at your cost and risk.
Article 10. Applicable law and disputes
- All legal relationships to which Dual Inventive is a party are subject exclusively to Dutch law, even if an agreement is implemented in full or in part in another country or if the other party to the relationship resides there. The applicability of the Vienna Sales Convention is excluded.
- The court in the location of Dual Inventive’s registered office has exclusive jurisdiction to hear disputes, unless the law requires otherwise. Nevertheless, Dual Inventive has the right to bring the dispute before the court which has jurisdiction according to the law.
- The Parties will not initiate legal proceedings until they have made every effort to settle the dispute amicably.
Article 11. Location and amendment of Terms
- The most recently filed version or the version in effect at the time the legal relationship with Dual Inventive was entered into applies.
- The Dutch text is always decisive for the interpretation of the Terms.