The following conditions apply to the use of Metaphora Meeting Software. By using Metaphora Meetings, you agree to this.
These General Conditions apply to all offers and agreements whereby Metaphora Holding BV delivers goods and/or services of whatever nature to the Client, even if these goods and/or services are not (further) described in these Terms and Conditions. Metaphora Meeting Software and the service “Metaphora Meetings” are offered to you via the internet as a Software-as-a-Service by the company Metaphora Holding BV (Metaphora). The following conditions apply to the use of Metaphora Meeting Software. By using Metaphora Meeting Software, you agree to this. Deviations from these general terms and conditions are only binding if they have been accepted by Metaphora in writing.
Article 1. Use of the service
1.1 Metaphora Meeting Software is offered to you for automation purposes within your company through the tools offered via Metaphora Meeting Software. You decide how you use the tools and for which specific goals.
1.2 To use Metaphora Meeting Software for creating and / or viewing old sessions yourself, you must first register. Once your registration has been completed, you can log in directly to your account and use the service. No registration is required for anonymous participation in a session with a session code.
1.3 You must protect access to your account by means of the username and password for unauthorized persons. In particular, you must keep the password strictly confidential. Metaphora Meeting Software can assume that everything that happens from your account after logging in with your username and password, is done under your direction and supervision. You are therefore liable for all these actions, unless you have informed Metaphora Meeting Software that someone else knows your password.
1.4 You are solely responsible for the content that is shared with the help of the software. Metaphora reserves the right to remove content that is in violation of Dutch law and regulations.
Article 2. Usage rules
2.1 It is forbidden to use Metaphora Meeting Software for actions that are in conflict with Dutch or other applicable laws and regulations. This includes storing or distributing through the service of information that is libelous, slanderous or racist.
2.2 In particular, it is forbidden to use Metaphora Meeting Software in such a way that nuisance or nuisance for other users arises. This includes the use of proprietary scripts or programs for uploading or downloading large amounts of data, or making frequent calls to the service.
2.3 If Metaphora finds that you are violating the aforementioned conditions or receiving a complaint about this, Metaphora may intervene itself to terminate the violation.
2.4 If, in the opinion of Metaphora Meeting Software, nuisance, damage or any other danger arises for the functioning of the computer systems or the network of Metaphora Meeting Software or third parties and / or of the service via the internet, in particular by excessive sending of e-mail. mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, Metaphora Meeting Software is entitled to take all measures that it reasonably considers necessary to avert or prevent this danger.
2.5 Metaphora is at all times entitled to report declared offenses. Furthermore, Metaphora Meeting Software is entitled to give your name, address, IP address and other identifying information to a third party who complains that you are infringing their rights or these general terms and conditions, provided that the correctness of this complaint is reasonably plausible. there is no other way to get this data and the third party has a clear interest in the delivery of the data.
2.6 Metaphora can recover from you the damage resulting from violations of these rules of conduct. You indemnify Metaphora against all third-party claims that relate to damage resulting from a violation of these user rules.
Article 3. Availability and maintenance
3.1 Metaphora makes every effort to make the service available, but does not guarantee uninterrupted availability.
3.2 Metaphora actively maintains Metaphora Meeting Software. If maintenance is expected to lead to a restriction of availability, Metaphora will perform this if the use of the service is relatively low. Maintenance is announced in advance if possible. Maintenance in connection with emergencies can take place at any time and is not announced in advance.
3.3 Metaphora may from time to time adjust the functionality of Metaphora Meeting Software. Your feedback and suggestions are welcome, but in the end Metaphora decides for itself which adjustments it will or will not make.
Article 4. Intellectual property
4.1 The Metaphora Meeting Software service, the accompanying software and all information and images on the website are the intellectual property of Metaphora Holding BV. These may not be copied or used in any way without separate written permission from Metaphora, except in cases where this is legally permitted.
4.2 Information that you store or process via the service is and remains your property (or that of your suppliers). Metaphora has a limited right to use this information for the improvement of the service, including the use for future service.
4.3 If you send information to Metaphora, for example feedback about an error or suggestion for improvement, you give it an unlimited and everlasting user right to use this information for the service. This does not apply to information that you expressly mark as confidential.
4.4 Metaphora will not take cognizance of data that you store and / or distribute via Metaphora Meeting Software, unless this is necessary for a good service or if Metaphora is obliged to do so under a statutory provision or court order. In that case, Metaphora will endeavor to restrict the knowledge of the data as much as possible, in so far as this is within its power.
Article 5. Fee for the service
5.1 The use of Metaphora Meeting Software is a one-off or a monthly fee .
5.2 Payment can be made by transferring the amount to the bank account of Metaphora or according to the payment instructions on the website.
5.3 Payment must be made within thirty days of the invoice date
5.4 Because the service is delivered immediately, and at your explicit request , it is not possible to cancel a payment by invoking the Distance Selling Act.
Article 6. Liability
6.1 Except in case of intent or gross negligence, Metaphora’s liability is limited to the amount you have paid for the three months prior to the moment of the harmful event.
6.2 Metaphora Meeting Software is expressly not liable for indirect damage, consequential loss, lost profit, missed savings and loss due to business stagnation.
6.3 A condition for the existence of any right to compensation is that you report to Metaphora in writing within two months after discovery.
6.4 In case of force majeure is Metaphora never obliged to pay compensation for the resulting damage. Force majeure includes interruption or failure of the internet, the telecommunications infrastructure, power failures, domestic disturbances, mobilization, war, traffic jam, strike, exclusion, operational disturbances, stagnation in supply, fire and flood.
Article 7. Duration and termination
7.1 This agreement comes into effect as soon as you use the service for the first time and then runs for the agreed contract duration. The contract is renewed tacitly and can then be terminated per month.
7.2 Metaphora Meeting Software can terminate the agreement if you have not logged in for eighteen months. In that case, she will first send a reminder e-mail address that is linked to your account.
7.3 You can download the data that you save or process via the interface at any time via the interface. Dates are retained for up to two months after termination.
Article 8. Changes to conditions
8.1 Metaphora may adjust these conditions as well as the prices with effect from a new payment period (as defined in 5.1) .
8.2 Metaphora shall notify the changes or additions at least thirty days before to announce the entry into force via the service so that you can take note of it.
8.3 If you do not wish to accept a change or supplement, you can cancel the agreement up to the date of entry into force. Use of the service after the date of entry into force counts as acceptance of the amended or supplemented conditions.
Article 9. Other provisions
9.1 This agreement is governed by Dutch law.
9.2 Insofar as the rules of mandatory law do not prescribe otherwise, all disputes relating to Metaphora Meeting Software are submitted to the competent Dutch court for the district in which Metaphora is established.
9.4 The version of communication or information as stored by Metaphora is deemed correct unless you provide evidence to the contrary.
9.6 Metaphora is entitled to transfer its rights and obligations under the agreement to a third party that acquires Metaphora or a relevant business activity.