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Terms and Conditions

Last updated: January 1, 2025

1. Introduction

Welcome to BoekMetMij. These Terms and Conditions ("Terms") govern your use of our online booking platform and services (collectively, the "Service") operated by BoekMetMij ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Definitions

  • "Service": The BoekMetMij online booking platform, including all features, functionality, and services provided through our website and embedded widgets.
  • "User" or "you": Any person or entity that accesses or uses the Service, including business owners, team members, and customers making bookings.
  • "Account": A registered account on the Service that allows you to create and manage booking forms.
  • "Organization": A business entity that uses the Service to manage bookings, which may have multiple users (owners, admins, and coworkers).
  • "Booking": An appointment or reservation made through the Service by a customer.
  • "Customer": An individual who makes a booking through a booking form created by an Organization.

3. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

You must be at least 18 years old to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

To use certain features of the Service, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information about yourself and your organization
  • Maintain and promptly update your account information to keep it accurate, current, and complete
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account or any other breach of security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this section.

5. Subscription Plans and Payment

BoekMetMij offers various subscription plans, including Free, Pro, and Business tiers. The features and limitations of each plan are described on our pricing page.

If you choose a paid subscription plan:

  • You agree to pay all fees associated with your selected plan
  • Subscription fees are billed in advance on a monthly or annual basis, as selected
  • All fees are non-refundable except as required by law or as explicitly stated in these Terms
  • We reserve the right to change our pricing with 30 days notice. Price changes will apply to your next billing cycle
  • If payment fails, we may suspend or terminate your account until payment is received

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period, and you will continue to have access to paid features until that time.

6. Use of the Service

Permitted Uses:

You may use the Service to:

  • Create and manage booking forms for your business
  • Accept and manage customer bookings
  • Embed booking widgets on your website or other platforms
  • Invite team members to collaborate on managing bookings
  • Export booking data for your records

Prohibited Uses:

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
  • Transmit any viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to the Service or any related systems or networks
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated systems (bots, scrapers) to access the Service without our written permission
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service to send spam, unsolicited messages, or harass others
  • Create multiple accounts to circumvent subscription limitations
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

7. User Content and Data

You retain ownership of all content and data you submit to the Service, including booking information, customer data, and form configurations ("User Content").

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

You are solely responsible for:

  • The accuracy, quality, and legality of your User Content
  • Obtaining all necessary rights and permissions for User Content you submit
  • Ensuring your User Content does not violate any laws or third-party rights
  • Complying with data protection laws (including GDPR) when collecting and processing customer data

We reserve the right to remove or disable access to any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

8. Customer Data and Privacy

When customers make bookings through your booking forms, they provide personal information (name, email, phone number). You are the data controller for this customer data, and we act as a data processor.

You agree to:

  • Comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR)
  • Obtain appropriate consent from customers before collecting their personal information
  • Only use customer data for legitimate business purposes related to managing bookings
  • Implement appropriate security measures to protect customer data
  • Respond to customer requests regarding their personal data (access, deletion, correction)
  • Notify us and affected customers promptly in the event of a data breach

We process customer data on your behalf in accordance with our Privacy Policy and applicable data processing agreements.

9. Intellectual Property

The Service, including its original content, features, functionality, design, and software, is owned by BoekMetMij and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in the Service or its content, except for the limited right to use the Service as described in these Terms.

You may not use our trademarks, logos, or brand names without our prior written consent.

10. Service Availability and Modifications

We strive to provide reliable and continuous access to the Service, but we do not guarantee that the Service will be available at all times or free from errors, interruptions, or defects.

We reserve the right to:

  • Modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice
  • Perform scheduled maintenance that may temporarily interrupt access to the Service
  • Update features, functionality, or user interfaces
  • Change subscription plans, pricing, or feature availability

We will provide reasonable notice of material changes to the Service when possible.

11. Termination

You may terminate your account at any time by contacting us or using account deletion features in your settings.

We may suspend or terminate your account immediately, without prior notice, if:

  • You breach these Terms
  • You fail to pay subscription fees when due
  • You engage in fraudulent, illegal, or harmful activities
  • We are required to do so by law
  • You violate any applicable laws or regulations

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and User Content, subject to our data retention policies
  • You remain responsible for all fees incurred before termination
  • Provisions that by their nature should survive termination will remain in effect

12. Disclaimers and Limitation of Liability

Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOEKMETMIJ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR €100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless BoekMetMij, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property, privacy, or publicity rights
  • Your violation of any applicable law or regulation
  • Any User Content you submit or transmit through the Service

14. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If such negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the competent courts of the Netherlands.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Sending an email to the address associated with your account
  • Displaying a notice within the Service

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

16. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BoekMetMij regarding the Service and supersede all prior agreements and understandings.

Severability

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

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

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

Email: support@boekmetmij.nl

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