END USER LICENSE AGREEMENT FOR THE USE OF Avisi Managed Environment

PLEASE READ THESE TERMS AND CONDITIONS FOR THE USE OF OUR SERVICES CAREFULLY BEFORE USING ANY OF OUR SERVICES. BY “WE”, “US” OR “OUR” WE MEAN: THE LIMITED LIABILITY COMPANY AVISI MANAGED ENVIRONMENT B.V., INCORPORATED AND HAVING ITS REGISTERED OFFICE IN ARNHEM, THE NETHERLANDS AND REGISTERED WITH THE DUTCH CHAMBER OF COMMERCE UNDER NUMBER 76632474. BY “YOU” AND “YOUR” IN THIS AGREEMENT WE MEAN THE PERSON USING OUR SERVICES. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF OUR SERVICES. THESE TERMS OF USE AND OUR PRIVACY POLICY ARE ALSO AVAILABLE ONLINE (SEE PRIVACY POLICY).

1 Terms of use

1.1 You are hereby granted a non-exclusive, non-sublicensable and non-transferrable license to use our Services under the condition that you fully comply with this End User License Agreement. You may only use our Services for legitimate purposes and you may not abuse it in any way or use it to store or distribute unlawful data.

1.2 You must treat any Login Details (e.g. username/password and generated 2FA codes, etc.) provided to you with care and keep them confidential. You are not allowed to use anyone else's Login Details nor allow anyone else to use your Login Details. As soon as you know or suspect that any Login Details have come into the hands of an unauthorized person, you must take any reasonable steps to prevent misuse, such as deactivating an account and/or changing the Login Details immediately, inform your service desk and/or your security officer (if applicable). You must also notify us. We are not liable for any misuse of the Login Details and may rely on the Login Details being used only by you.

1.3 All (intellectual property) rights to our Services and any associated documentation, as well as any changes and additions to both, belong and shall remain with us. You are not allowed to make any changes to our Services or parts thereof. You are furthermore not permitted to reverse engineer or decompile our Services or parts thereof.

1.4 It is not permitted to use our Services in any of the following ways:

  • A. infringe any of our intellectual property rights of and/or those of our suppliers, including copyrights, database rights, neighboring rights, trademark rights, patent rights or any other industrial or intellectual property rights;
  • B. disrupt or interfere with the operation of our Services, which includes, but is not limited to, bypassing technical security measures and overloading our computer systems and/or our networks or those of third parties engaged by us;
  • C. otherwise violate any law or other applicable regulations or otherwise act unlawfully towards us and/or any third party.

1.5 You may continue to use our Services as long as you have valid Login Details for our Services. We may suspend or terminate your access in the event of a breach of this End User License Agreement if your employer has requested such suspension or termination, or if you do not comply with the conditions imposed by this End User License Agreement. In no event will we be obliged to pay any refund, compensation or damages to you in such a situation.

2 Liability

2.1 We endeavor to provide Services that function properly, but we cannot guarantee this since the proper functioning of our Services is dependent on multiple services of third parties over which we have no decisive control. In particular, we do not guarantee that our Services will be available at all times or will function without interruption. We are not liable if our Services are not available or are interrupted.

2.2 We are not liable for the misuse of Login Details or for any damage resulting from the unauthorized use of your Login Details, with or without your knowledge.

3 Other provisions

3.1 This End User License Agreement may be amended from time to time. Any such changes will be notified to you in our Platform thirty days prior to the effective date. If you do not agree to these amendments, you should not (or no longer) use our Services.

3.2 This End User License Agreement and all obligations arising therefrom or related thereto shall be governed exclusively by Dutch law. The application of the Vienna Sales Convention 1980 (CISG) is expressly excluded.

3.3 All disputes arising out of or in connection with the Agreement which cannot be settled by mutual consultation shall be settled by the competent Dutch court at our place of business, unless the parties agree to mediation or arbitration in connection with a specific dispute.