Terms of Service

Updated 2020/05/20

Terms and conditions Forty2 BV (“dploy.ai”)

Tiensevest 132, 3000 Leuven – BE: 0744.542.306

published: 2020-05-25

1.      Applicability of our terms and conditions

1.1.            The present terms and conditions shall apply on accessing, browsing or otherwise using the platform dploy.ai (hereinafter the “Services”) by the user (hereinafter the “User”).

1.2.            The present terms and conditions, which can be modified by Dploy.ai from time to time, shall always take precedence over any general terms and conditions of the User or of a third party, unless Dploy.ai explicitly deviates from this. The latest version of these terms and conditions can be consulted at any time on the website of Dploy.ai, https://dploy.ai/legal/terms.

1.3.            By accessing, browsing or otherwise using the Services, the User declares that it accepts these terms and conditions and is bound by them.

2.      Registration of the User

2.1.            In order to register for the Services, the User must be at least 18 years old. By registering to use the Services, the User represents and warrants that this is the case.

2.2.            The User agrees to provide truthful and accurate information when registering to use the Services. The decision to accept a registration is in the discretion of Dploy.ai and Dploy.ai may revoke a registration at any time.

2.3.            The User cannot register to use the Services if it is already registered or if it was a previously registered user and Dploy.ai cancelled the account as a result of the User being in breach of these terms and conditions.

2.4.            When registering for the Services, the User must provide a valid email address in order to complete the registration.

3.      The data of the User

3.1.            By using the Services, the User guarantees that its contact details are correct and undertakes to inform Dploy.ai  of any change to the contact details.

3.2.            By using the Services, the User undertakes to keep certain data confidential (such as its password, information about the means of payment, etc.). The User is the only person who is responsible for its confidential data and may not pass it on to another person.

3.3.            The User is responsible for the correctness of the uploaded data.

3.4.            The User must immediately notify Dploy.ai of any unauthorized use of its data or any other breach of security. Dploy.ai will not be liable for any loss or damage whatsoever resulting from the disclosure of the username and/or password contrary to these terms and conditions.

4.      Reimbursement of the Services

4.1.            The Services will be paid upon the use of the Services through credit card, Payconiq, bank transfer or any other payment method offered by Dploy.ai. In any event, the fee for the Services has to be paid in full no later than 30 calendar days following the provision of the Services.

4.2.            When the User provides bank card information, account numbers or other information necessary to facilitate payment to Dploy.ai, the User represents that it is the authorized user of the bank card that is used to pay for the Services.

4.3.            In the event legal action is necessary to collect on balances due, the User agrees to reimburse Dploy.ai for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.  

4.4.            Dploy.ai will hold and store the bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

5.      Acceptable use of the Services

5.1.            The use of the Services by the User must not violate any applicable laws, including, but not limited to, copyright or trademark laws. The User is responsible for making sure that the use of Services is in compliance with laws and any applicable regulations.

5.2.            The User agrees that it will under no circumstances upload, post, host or transmit any content that:

5.2.1.         Is unlawful or promotes unlawful activities;

5.2.2.         Is or contains sexually obscene content;

5.2.3.         Is libelous, defamatory or fraudulent;

5.2.4.         Is discriminatory or abusive toward any individual or group;

5.2.5.         Contains or installs any active malware or exploits, or uses the Services for exploit delivery (such as part of a command and control system); or

5.2.6.         Infringes on any intellectual property right of any party, including patent, trademark, trade secret, copyright, right of publicity or any other right.

5.3.            Any unauthorized use of the Services automatically will result in the deactivation or deletion of the account or the access to the account of the User, without reimbursement of any fees paid.

5.4.            The User will be responsible for its own conduct and content while using the Services and for any consequences hereof. The User agrees to use the Services only for purposes that are legal, proper and in accordance with these terms and conditions.

5.5.            The User understands that Dploy.ai uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Services. Dploy.ai works with these vendors to maintain the security and privacy of the User and the data uploaded on the platform provided by Dploy.ai in the framework of the Services.

6.      Liability

6.1.            Dploy.ai only assumes a best-efforts obligation with respect to the User.

6.2.            Dploy.ai can only be held liable for the proven intended direct loss/harm due to a deliberate act on the part of Dploy.ai. Dploy.ai shall in no case be liable for indirect loss/harm, loss of profits or turnover, loss of saving, loss/harm that would have been avoided through reasonable conduct on the part of the User or loss/harm resulting from force majeure.

6.3.            The liability of Dploy.ai shall in all cases be limited to the value of the fees paid by the User related to the Services for the last 6 months.

6.4.            The User shall indemnify Dploy.ai in respect of all claims by third parties that are directly or indirectly related to the Services and shall indemnify Dploy.ai for all loss/harm that Dploy.ai sustains as a result of such claims.

6.5.            Dploy.ai is not liable for any damages arising from, among others:

6.5.1.         inaccurate, incorrect and/or not timely provided information by the User;

6.5.2.         any breach of any obligation of the User, explicitly including the User’s obligation to provide all cooperation necessary for the adequate use of Services;

6.5.3.         any timely unavailability of the platform.

6.6.            Dploy.ai is not liable for any damage(s) for which the User can hold liable or request indemnification or reimbursement from any other party than Dploy.ai (including any insurance company).

6.7.            Dploy.ai is not liable for any damage(s) arising from the use Services provided by Dploy.ai combined with services not provided by Dploy.ai.

6.8.            No right to compensation shall arise if the User fails to report the loss in writing to Dploy.ai as soon as is reasonably possible after it has arisen, and at the latest within 7 calendar days after it became aware of the damage.

7.               Intellectual property rights

7.1.            Any intellectual property rights (including but not limited to patents, copyrights, neighboring rights, trademarks, commercial name, design rights, rights on topographies of semiconductor products, right to domain names, right to databases and rights to computer programs) in any Services shall remain with Dploy.ai and/or Dploy.ai’s suppliers.

7.2.            These intellectual property rights are protected from any unauthorized use, copying and dissemination under the applicable legislation.

7.3.            The User retains ownership of and responsibility for the content it creates or owns. Dploy.ai therefore does not claim intellectual property right over the content the User provides to the Services. The User remains responsible for protecting and enforcing those rights and Dploy.ai has no obligation to do so on behalf of the User.

7.4.            By submitting, posting or displaying content on or through the Services, the User gives Dploy.ai a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute the content of the User for the sole purpose of enabling Dploy.ai to provide the User with the Services consistent with the privacy settings of the User and in keeping with the security procedures of Dploy.ai.

8.               Processing of personal data

8.1.            To the extent Dploy.ai would process personal data of the User, the following applies:

8.1.1.         Dploy.ai shall only process the personal data of the User in accordance with the law in force any given time.

8.1.2.         Any personal data shall be used and/or otherwise processed exclusively for the specific purpose of  the execution of the Services on which the User relies on;

8.1.3.         The personal data will be stored by Dploy.ai until the statute of limitations of any claim based on or related to the Services has expired and in any event no longer than 10 years following the termination of said Services or the cancellation of the account of the User.

8.1.4.         The User will have the following rights with regard to the processing of its personal data (insofar as applicable):      The right to request access to its personal data:      The right to rectification or erasure of personal data;      The right to request restriction of the processing;      The right to data portability;      The right to file a complaint at the Belgian data protection authority.

8.1.5.         In the event the User would provide personal data of any of its employees, agents or representatives, those persons will have the rights under Article 8.1.4. In such event, the User will inform its employees, agents or representatives of the provisions of this Article 8.1.

8.1.6.         If Dploy.ai would appoint a data protection officer, its contact details will be communicated in the terms and conditions.

8.2.            To the extent Dploy.ai can be considered to be a Data Processor of the User in the sense of the Directive (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”), the following applies:

8.2.1.         Dploy.ai shall only process the personal data of the User in accordance with the law at force any given time;

8.2.2.         Dploy.ai shall only process the personal data of the User on behalf of the User (and allow processing of such personal data by its employees, contactors, workers, or agents) on the User’s written instructions (including regarding transfers of personal data to a third country or an international organization), unless where this is required to do so by applicable law, in which case the legal provision will be communicated sufficiently in advance to the User;

8.2.3.         The User will remain solely responsible for compliance with the applicable legislation, including but not limited to the GDPR, upon uploading personal data on the platform provided by Dploy.ai in the framework of the Services and using the Services for the processing of such personal data;

8.2.4.         Dploy.ai commits not to use nor transfer any personal data of the User to any third party outside the specific purpose of the processing without prior written agreement of the User;

8.2.5.         Should Dploy.ai engage such other Data Processor for carrying out specific processing activities on behalf of the User, the same terms as set out in this article 8.2 shall be imposed on that other Data Processor by Dploy.ai by way of a contract. In any event, Dploy.ai remains fully liable towards the User for any acts or omissions by such subsequent Data Processor. A list of the Data Processors can be found at https://dploy.ai/. In case Dploy.ai intends to rely on another Data Processor, Dploy.ai will inform the User thereof. If the User does not oppose within a period of 7 days, the User is considered to agree with the appointment of this other Data Processor;

8.2.6.         Dploy.ai shall immediately upon the discovery of an incident notify the User. Dploy.ai will cooperate with the User’s reasonable requests to investigate and remediate an incident and provide appropriate response and redress.

8.2.7.         Dploy.ai shall ensure that all personal data of the User are kept secure and shall:

-  implement, before any processing of any such personal data, appropriate technical and organizational measures to protect such personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing;

-  ensure that access to and processing faculties with respect to such personal data is limited to only those employees, contractors, workers, or agents who require access to it in the framework of the performance of the contract with the User;

-  insofar as this is possible, assist the User, as a Controller in the sense of the GDPR, for the fulfilment of its obligations under the GDPR, including Chapter III and articles 32 through 36 of the GDPR;

-  ensure that personal data shall be kept for no longer than is necessary for the execution of the contract with the User;

-  at the choice of the User, delete or return all the personal data to the User at the end of the contract with the User, and delete existing copies unless applicable law requires storage of the personal data;

-  make available to the User all information necessary to demonstrate compliance with the obligations laid down in this terms and conditions and allow for and contribute to audits, including inspections, conducted by the User or another auditor mandated by the User.

9.               Termination

9.1.            Dploy.ai, in its sole discretion, has the right to suspend or fully or partially terminate the account of the User with immediate effect without judicial intervention through a written announcement to the User and refuse any and all current or future use of the Services, in the event of violation of the present terms and condition. Such termination of the Services will result in the deactivation or deletion of the account or the access to the account of the User, and the forfeiture and relinquishment of all content in the account of the User. Dploy.ai reserves the right to refuse service to anyone for any reason at any time.

9.2.            The User can terminate the Services or canceling its account at any time by giving written notice to the other party.

9.3.            In the event of termination of the Services for whatever reason, the User will in any event be bound to pay the services and/or products delivered until the termination date.

10.    Nullity

10.1.          If any paragraph or provision of the present terms and conditions were to not be enforceable, such non-enforceability will not affect the enforceability of the remainder of the said paragraph or provision which will automatically be converted to what is legally acceptable.

11.             Governing law and jurisdiction

11.1.          The present terms and conditions are governed by and will be interpreted in accordance with Belgian law.

11.2.          Any disputes arising out of or in relation with the present terms and conditions and that cannot be settled amicably shall be subject to the exclusive jurisdiction of the courts of the judicial district of Dploy.ai’s registered seat.

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