Date of last revision: January 2023
DISCLAIMER: Please read these Terms of Use carefully before using the Platform.
By clicking the “I agree” button, you acknowledge and agree that your use of the Platform is governed by these Terms of Use. If you do not agree to any provisions of these Terms of Use, you may not use the Platform in any manner.
These Terms of Use describe the terms and conditions pursuant to which authorized users (“Users”, “You” or “Yours”) can use the Platform(s) (as defined below). This Terms of Use will govern this use exclusively. If the User would have its own general terms and conditions, those will not be applicable, even if such general terms and conditions would contain a similar clause.
The Platform is operated and managed by Four Pees NV, a limited liability company (naamloze vennootschap) established, organized and existing under Belgian law, with registered office at Kleemburg 1, 9050 B-Ghent (Belgium), and registered with the Crossroads Bank for Enterprises under the company number 0887.610.871 (hereinafter: “Four Pees” or “We”). If You have any questions about the Platform or these Terms of Use, please contact us at info@fourpees.com.
All applicable definitions are provided for in section 14 of these Terms of Use.
You have been granted access to the Platform pursuant to a license given within the scope of a commercial agreement between the Customer and Four Pees (the “SaaS Agreement”). If these Terms of Use are inconsistent with, or different from, a provision of the SaaS Agreement, the SaaS Agreement shall take precedence to the extent of the inconsistency or difference.
Four Pees grants You a restricted, personal, non-exclusive, non-transferable, non-assignable license, without the right to sublicense, to access and use the Platform, in accordance with (i) the Documentation, these Terms of Use and the SaaS-Agreement, if applicable; (ii) any additional instructions or policies issued by Four Pees, including, but not limited to, those posted within the Platform and (iii) any applicable legislation, rules or regulations (the “License”).
4.1 You are solely responsible for maintaining Your Account login information such as your password (“Account Information”) confidential and secure and You shall be fully responsible for all activities that occur on Your Account. You agree to immediately notify Four Pees of any (suspected) unauthorized use of Your Account or any other breach of security.
4.2 The User explicitly acknowledges and agrees that any confirmation through the Platform, including for the avoidance of doubt any ‘Accepted for Print’ (‘Goed voor Druk’) confirmation, may be relied upon by Four Pees and may initiate subsequent steps in the printing process that potentially are irreversible or can only be rectified at additional cost.
4.3 Within the limits of the applicable law, You are not permitted to (i) adapt, alter, translate or modify in any manner the Platform; (ii) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organisation) of the Platform, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (iii) gain unauthorized access to accounts of other Users; (iv) use the Platform or Your Account to conduct or promote any illegal activities; (v) use any high volume automatic, electronic or manual process to access, search or harvest information from the Platform (including without limitation robots, spiders or scripts); (vi) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Platform; (vii) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use your Account for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (viii) remove or in any manner circumvent any technical or other protective measures on the Platform.
4.4 Four Pees will not be liable for any loss or damage arising from Your failure to comply with the requirements set out in this section 4.
5.1 Four Pees will at all times retain all Intellectual Property Rights in and to the Platform and Services. No license is granted to You except for the use of the Platform as expressly provided in these Terms of Use.
5.2 All information, data, texts and images uploaded on the Platform or your Account, including, to the extent applicable Personal Data (“User Data”) remains the exclusive property of the User. You grant Four Pees a non-exclusive, assignable, irrevocable, royalty-free, worldwide, sublicensable and transferable license to use, process, copy, reproduce, exploit, store, modify, transmit, display and create derivative works from such User Data, for the purposes of and in accordance with the conditions of the Terms of Use, the Privacy Policy, and the SaaS Agreement (if applicable).
5.3 Four Pees reserves the right, but is not obliged, without the approval or permission of the User and at any time, to review and remove any User Data which is deemed to be in violation with the provisions of the Terms of Use, Privacy Policy, any rights of Third Parties or any applicable legislation or regulation.
If Four Pees becomes aware or suspects, in its sole discretion, any violation by You of these Terms of Use, or any other instructions, guidelines or policies issued by Four Pees, then Four Pees may suspend or limit Your access to Your Account. The duration of any suspension by Four Pees will be until You have cured the breach which caused such suspension or limitation.
To the extent legally permitted under applicable law, Four Pees shall not be liable to the User or any Third Party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the use of the Platform or Your Account under these Terms of Use, including but not limited to the use, misuse, or inability to use the Platform, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Four Pees has been notified of the likelihood of such damages.
In the event that liability is imposed on Four Pees, the liability shall not exceed (i) with regard to the Customer the liabilities as provided for in the SaaS Agreement, and (ii) with regard to a User, the higher amount of (i) the fees paid by the User to Four Pees during the annual period during which the event that gives rise to the liability arose, if applicable; or (ii) EUR 500. Nothing in these Terms of Use shall limit or exclude Four Pees’ liability for (i) willful misconduct, or (ii) fraud.
Even though Four Pees shall reasonably take all technical measures necessary to ensure the good functioning of the Platform, Four Pees may not be held liable in the event that any loss, deletion or corruption of User Data would occur. If applicable, any limitations of liability as stipulated in a SaaS Agreement shall have precedence over the stipulation as set out in these Terms of Use.
Four Pees does not make any, whether explicit or implicit, warranties regarding the availability of the Platform.
Four Pees makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Platform, the Services and your Account or any other products or services provided to the User by Four Pees. Four Pees does not warrant that all errors can be corrected, or that access to or operation of the Platform or Your Account shall be uninterrupted, secure, or error-free.
The User represents and warrants to Four Pees that it is the owner of the User Data, and that any User Data provided by the User is accurate and truthful and that the User Data shall not (i) infringe any intellectual property rights of Third Parties, (ii) be deceptive, defamatory, or unlawful; (iii) contain any viruses, worms or other malicious computer programming codes intended to damage Four Pees’s system or data; or (iv) otherwise violate the rights of a Third Party. The User acknowledges and agrees that Four Pees is not obligated to back up any information stored on Your Account. You agree that any use of the Platform, the Services or Your Account contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Platform, the Services or Your Account for which Four Pees cannot be held liable.
You hereby agree to indemnify and hold harmless Four Pees from each and every demand, claim, loss, liability, or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any Third Party with respect to (i) any breach or violation by You of any provisions of these Terms of Use or any other instructions or policies issued by Four Pees; (ii) any information stored on Your Account violating any Intellectual Property Rights of a Third Party and (iii) fraud, intentional misconduct, or gross negligence committed by You.
In the event the Platform uses services of Third Parties, the terms of service and/or privacy policies of those Third Parties may apply. You shall be notified if and when such Third Party terms of services and/or privacy policies are applicable. By accessing such Third Party service, You agree to comply with the applicable terms, and You acknowledge that You are the sole party to such terms. Four Pees cannot be held liable in any way with regard to the content of such Third Parties’ terms or privacy policy, nor for the compliance thereof.
11.1 Four Pees recognizes and understands the importance of Your privacy and wants to respect Your desire to store and access Personal Data in a private and secure environment. Four Pees shall collect and process all Personal Data in accordance with its Privacy Policy, which can be found on the Platform and here.
11.2 Four Pees may, in accordance with its Privacy Policy, share Your Personal Data, as provided by You or collected by Us, with the Customers for the purpose of providing the Customers the Services.
12.1 Four Pees reserves the right at any time, and from time to time, with or without cause to (i) unilaterally amend these Terms of Use; (ii) change the Platform, including eliminating or discontinuing, temporarily or permanently any service or other feature of the Platform without any liability against the Users or any Third Parties; and (iii) deny or terminate, in part, temporarily or permanently, Your use of and/or access to your Account as set forth herein.
12.2 Any such amendments or changes made will be effective immediately upon us making such changes available on the Platform or otherwise providing notice thereof. You agree that your continued use of the Platform or your Account after such changes constitutes your acceptance of such changes.
These Terms of Use shall be construed in accordance with its provisions, without any strict interpretation in favour of or against one of the Parties and in accordance with Belgian law, without application of any conflict of laws. All disputes or controversies arising out of or in connection with these Terms of Use or its subject matter that cannot be resolved by amicable settlement within a term of thirty (30) days from the date that the dispute is referred from one party to the other, shall be subject to the exclusive jurisdiction of the courts of Ghent.
“Account” means Your personal account that You created by following the registration process on the Platform;
“Account Information” shall have the meaning as set out in section 4;
“Customer” means the customer of Four Pees that entered into a SaaS Agreement;
“Documentation” means the user documentation associated with the Platform to facilitate the use of the Platform, provided to User by Four Pees in paper or electronic form;
“Personal Data” means any information relating to an identified or identifiable natural person, and more specifically the information as mentioned in the Privacy Policy;
“Platform” shall mean the Atomyx Platform operated by Four Pees;
“SaaS Agreement” means the agreement concluded between Four Pees and the Customer;
“Services” means the Four Pees services offered to the Customer and/ or the Users, as the case may be;
“Third Parties” means any natural or legal person or entity other than Four Pees;
“User Data” shall have the meaning as set out in section 5.3;
“Users” shall have the meaning as set out in section 1.
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