Terms of service

These terms of service apply to the use of Tradestack. Please read them carefully: by creating an account you agree to them on behalf of your company. They include our data processing agreement. If the English and Dutch versions differ, the Dutch version prevails.

1. Definitions

• Tradestack, we, us: Vargar (Nick Quispel), Ram 11, 3225 EG Hellevoetsluis, KvK 83288198, VAT NL003798758B65.
• Customer, you: the company or professional that creates a company account in Tradestack.
• User: a person who has access to the Customer's company account, such as an owner, admin or field worker.
• Service: the Tradestack web application, the installable app and everything that comes with them.
• Customer data: all data the Customer or its Users put into the Service.
• Subscription: the paid right to use the Service for a monthly or yearly period.

2. Scope

1. These terms apply to every offer and agreement concerning the Service. We reject any general terms of the Customer.
2. The Service is intended for businesses and professionals only. By creating an account you confirm that you act in the course of a trade, business or profession. Consumer protection rules for distance selling therefore do not apply.

3. Account and free trial

1. A new company account starts with a free trial for the period shown at signup. No payment details are needed for the trial.
2. After the trial, the Service can only be used with an active Subscription. Until then, access is limited to choosing a Subscription.
3. If no Subscription is taken out, we may delete the company account and its data 90 days after the trial has ended.
4. The Customer is responsible for its Users: who gets access, which role they have, and what they do in the Service. People with an e-mail address on the Customer's domain can join the company account unless an owner or admin switches that off.
5. Users keep their login details secret and tell us straight away if they suspect misuse.

4. Subscription, prices and payment

1. The price of a Subscription is the price per company shown when you subscribe. All prices exclude VAT (BTW), which is added at the applicable rate.
2. Subscriptions are paid in advance through our payment provider Stripe, by card, iDEAL, Bancontact or SEPA direct debit, and renew automatically for the same period.
3. You can cancel at any time in the billing portal. The cancellation takes effect at the end of the paid period. Periods already paid are not refunded, unless the law requires it.
4. If a payment fails, we try again. If payment is still missing 14 days after we have notified you, we may suspend access until it is paid.
5. We may change prices. We announce changes at least 30 days in advance; they apply from the next Subscription period. If you do not agree, you can cancel before the change takes effect.

5. Use of the Service

The Customer and its Users will not:

• use the Service against the law or put unlawful content in it;
• try to access other companies' data, test or break the security, or overload the Service;
• copy, decompile or resell the Service or give third parties access to it outside their own organisation;
• upload copies of identity documents with a citizen service number (BSN) or other data the law does not allow them to process.

If there is misuse, we may block the access concerned. Where possible we warn the Customer first.

6. Customer data

1. Customer data remains the property of the Customer. We only use it to provide the Service, as set out in the data processing agreement.
2. The Customer is responsible for the content and accuracy of Customer data and for having a lawful basis to put it in the Service.
3. During the Subscription and up to 30 days after it ends, the Customer can ask us for an export of its Customer data. After that we delete the Customer data within 60 days; it then disappears from our backups within another 14 days.

7. Safety and compliance features

Tradestack helps with safety and compliance paperwork, for example LMRA checklists, toolbox meetings, incident reports, certificates and expiry reminders. These are tools. The Customer remains fully responsible for complying with the Working Conditions Act (Arbowet), certification schemes such as VCA and all other rules that apply to its work. We do not guarantee that reminders are always sent or that forms are complete for a specific legal requirement.

8. Working offline

The Service can store data on a device when there is no connection and synchronise it later. Until it is synchronised, that data exists only on the device. We are not responsible for data that is lost before synchronisation, for example because a device is lost or its storage is cleared. The Customer is responsible for securing the devices its Users use.

9. Availability, support and changes

1. We do our best to keep the Service available and working well, but we do not guarantee uninterrupted availability.
2. We announce planned maintenance in advance where reasonably possible, and plan it outside working hours where we can.
3. Support is given by e-mail on Dutch working days, on a best-effort basis.
4. We keep developing the Service and may add, change or remove features. If we remove a feature that is essential to the Customer, the Customer may terminate the Subscription with immediate effect and we refund the unused part of the prepaid period.

10. Intellectual property

All intellectual property rights in the Service remain with us or our licensors. The Customer receives a non-exclusive, non-transferable right to use the Service during the Subscription. We may use suggestions and feedback freely.

11. Liability

1. Our liability is limited to direct damage and, per event or series of related events, to the amount the Customer paid for the Service in the 12 months before the damage occurred.
2. We are not liable for indirect damage, such as lost profit, lost revenue, fines, delay damage or damage from business interruption. We are only liable for lost data to the extent it is caused by our failure to make the backups described in the data processing agreement.
3. These limitations do not apply if the damage is caused by intent or deliberate recklessness of our management.
4. A claim lapses if it is not reported to us in writing within 12 months after the Customer became aware of the damage.
5. We are not liable for failures caused by force majeure, including outages of internet, hosting or payment providers that we could not reasonably prevent.

12. Term and termination

1. The agreement runs for as long as the Customer has an account. The Subscription runs per period and ends when cancelled.
2. We may end the agreement with three months' notice, or immediately if the Customer seriously breaches these terms, does not pay after a reminder, or is declared bankrupt.
3. What happens to Customer data after the end is set out in article 6.

13. Confidentiality

Both parties keep confidential information from the other party secret, and only use it for the agreement.

14. Changes to these terms

We may change these terms. We announce important changes at least 30 days before they take effect, by e-mail or in the app. If the Customer does not agree, it can cancel before the change takes effect.

15. Governing law and disputes

Dutch law applies to these terms and to every agreement with us. The Vienna Sales Convention (CISG) does not apply. Disputes are submitted exclusively to the competent court in the district where we have our registered office.

16. Contact

Questions about these terms? E-mail nickquispel@vargar.eu.