By using NIXZ, you agree to our Terms of Service, which is a legal agreement. Our Terms of Service apply to your use of our Websites and Services.
1. Definitions
In these General Terms and Conditions, capitalized words shall bear the following meanings, whether used in singular or plural form:
1.1. Customer: the contracting party of NIXZ in the Agreement.
1.2. General Terms and Conditions: these general terms and conditions, forming part of the Agreement.
1.3. NIXZ: the private limited liability company NIXZ RPA Solutions B.V., registered with the Dutch Chamber of Commerce under number 81627661, including any legal successors, the counterparty of the Customer in the Agreement.
1.4. Service: the service(s) provided by NIXZ, accessible at the URL www.nixz.io or through the Chrome Web Store.
1.5. User: an individual authorized by the Customer to use the Service, typically an employee.
1.6. Agreement: the agreement between the Customer and NIXZ, to which these General Terms and Conditions apply, governing the use of the Service.
1.7. Website: the website of NIXZ, accessible at the URL www.nixz.io.
2. The Agreement
2.1. The Agreement shall be deemed concluded when the Customer agrees to purchase access to the Service during the ordering process on the Website, through a reselling party, or by signing a proposal received from NIXZ. The Agreement shall be confirmed by NIXZ through an email containing a link to the website where the terms of use are described.
2.2. As the Customer is a company acting in the course of its business activities, any possible right of withdrawal shall not apply to this Agreement. By agreeing to these terms, the Customer acknowledges that NIXZ may promptly commence the Service, including providing access to the Service, thereby precluding any subsequent withdrawal.
3. Rules for use of the Service
3.1. Users may not use the Service in such a way that damage is caused to NIXZ, the infrastructure of NIXZ, or third parties. Furthermore, Users may not use the Service in such a way that results in (a part of) the Service becoming partially or completely unavailable.
3.2. Users may not log in to the Website and / or the Service by means of someone else's login details (including other Users), by means of forged login details, or by circumventing any security, regardless of whether such security is adequate.
3.3. Users may not use the Service to spread viruses and / or upload software with an unwanted effect, such as trojans, worms, and / or backdoors.
3.4. Users may not use the Service to send unsolicited messages (spamming).
3.5. Users may not use the Service to upload unlawful material (material that User is prohibited from possessing by law, or material that infringes the rights of third parties).
3.6. Users must take good care of the login details provided by NIXZ for the use of the Service. If the Customer suspects that a third party has obtained the login details of a User, the Customer must immediately report this to NIXZ.
3.7. Furthermore, the User may not act in violation of any laws or regulations.
4. Intellectual property rights
4.1. The intellectual property rights with regard to the Service(s) rest with NIXZ or its licensors.
4.2. All mentioned trade names or registered brands belong to NIXZ or their respective owners.
5. Liability of NIXZ in case of breach of contract
5.1. NIXZ is liable for direct damage as a result of an attributable shortcoming in the performance of the Agreement (non-performance), regardless of the basis of the claim, including an unlawful act, up to the amount that the Customer has paid for the use of the Service (including VAT) in the twelve (12) months prior to the event causing the damage. NIXZ is not liable for indirect damages, consequential damages, loss of profit, lost savings, reduced goodwill, damage due to business interruption nor for mutilation, destruction or loss of data.
5.2. The above limitations of liability lapse as the attributable shortcoming is the result of intent or deliberate recklessness on the part of NIXZ's management.
5.3. NIXZ subcontractors can also invoke the above limitations of liability.
5.4. If the Customer terminates the Agreement as a result of an attributable shortcoming in the performance of the Agreement by NIXZ, the amounts already paid will not be subject to a refund.
5.5. NIXZ strives for maximum availability of its Service, however, it cannot guarantee that the Service is always available. NIXZ is not liable for the temporary unavailability of the Service.
6. Processing of personal data, data, and confidentiality
6.1. Parties will enter into a data processing agreement ("DPA") which is subject to these General Terms and Conditions. Unless Parties enter into a specific DPA, the DPA as found on the Website shall govern any data processing activities. NIXZ will process personal data in accordance with the General Data Protection Regulation (EU2016/679), any other applicable law, the DPA and NIXZ’s privacy policy, which can be found on the Website.
6.2. Both parties will observe strict confidentiality with regard to information about each other's organization, operation of the Service, Data built up with the service, etc. Unless the other party has given prior written permission, a party will not disclose information that is available to third parties and only make it known to its personnel insofar as this is necessary for the performance of the agreed performance. The parties will oblige their personnel to comply with these confidentiality provisions.
7. Payment
7.1. NIXZ will periodically send invoices for the license fee and any other services ordered. The Customer is required to pay these invoices within a 30-day payment term. In the event that payment is not received within the specified time frame, NIXZ will send a reminder. If the payment is canceled or reversed, the Customer will be notified accordingly.
7.2. In the event of permanent non-payment(s), NIXZ is entitled to suspend access to the Service, without being obliged to indemnify the Customer.
7.3. The customer agrees that invoices may be issued digitally (by means of an email with an invoice in PDF format) by NIXZ.
7.4. If the agreement has been concluded by means of an individual proposal, unless expressly stated otherwise, the license and implementation fee will be invoiced upon the date of signature. The license period shall be stated on the invoice. NIXZ reserves the right to close any ongoing implementation projects due to client inactivity, regardless of its status. Restarting the implementation will be subject to the regular implementation fee. The project closure is subject to judgement of Implementation Consultant.
8. Term, termination and extension
8.1. The Agreement will be automatically renewed for subsequent one (1) license period unless canceled by the Customer prior to the end date of the then-current license period. For monthly subscriptions, cancellation should be made prior to the end date of each monthly cycle. For annual subscriptions, cancellation should be made at least two months before the end of the license period. Termination can be effected by email or written notice.
8.2. All rights Customer has acquired under the Agreement with regard to the use of the Service will lapse upon termination of the Agreement.
8.3. Unless otherwise specified, obligations which by their nature are intended to continue after termination of the Agreement will continue to exist after termination thereof. The termination of the Agreement explicitly does not release the parties from the provisions with regard to confidentiality, liability, intellectual property rights, applicable law and choice of forum.
8.4. If the Agreement ends, regardless of the manner in which, NIXZ will give the Customer the opportunity to secure the data that has been built up through the use of the Service. As soon as the Customer has indicated that it has secured the aforementioned data, or if the Customer has indicated that it does not want to secure the aforementioned data, NIXZ will delete the aforementioned data.
8.5. The agreed prices and rates shall be increased annually, on the anniversary of the contract date in accordance with the last known CBS index (Q4 / Q4 of the previous year). If this index is no longer published, another index will be proposed which comes closest to the aforementioned index and is valid.
9. Other provisions
9.1. NIXZ is allowed to transfer its rights and obligations to a third party. In particular when it concerns a transfer in the context of a change of legal form, sale or merger of its company.
9.2. Dutch law is applicable to the Agreement.
9.3. Disputes must be resolved between the Customer and NIXZ as much as possible. If that is not possible, the court in Rotterdam has exclusive jurisdiction to hear and judge the dispute. Unless the claim, due to the nature or the amount and / or value of the claim, falls within the competence of the subdistrict court (in Dutch: “kantonrechter”). In the latter case, the subdistrict court (in Dutch: “kantonrechter”) designated by law is authorized to hear and judge the dispute.
9.4.There are not any features of the Service that have caused (other) websites (LinkedIn, Facebook, etc.) to provide negative notice to, or limit the activity of, accounts on their platforms, but future functionality may be subject to change based on the possibility of such notice.
9.5. NIXZ is entitled to change these conditions from time to time. Customer shall have the right to object to these changes in writing, in which case the version of these conditions at time of conclusion of the agreement shall continue to apply. In this case, both Parties shall have the right to terminate the agreement which shall have effect as of the end of the then current license period.
For any inquiries or concerns regarding these Terms & Conditions, please reach out to our Legal Officer at legal@nixz.io.
