Modified on 16-Jun-2022.
Edloomio is provided by Edloomio Group bv (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3.1 As part of the registration process you will need to create an account. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account using the information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your login details has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their login details or other details.
4.1 For current pricing and plans please see the pricing page located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5.1 All subscription services are billed yearly in advance.
5.1.2 If you upgrade from a trial account you will be immediately charged for the necessary full account.
5.1.3 As the Service must be paid for 12 months in advance, payment will be taken in full on each anniversary.
5.2 Non-subscription services will be charged for the necessary full amount in advance.
5.3 The payment term is 30 days.
5.5 After expiry of the first payment term, you will receive a reminder invoice with a second payment term of 5 working days.
5.6 After expiry of the second payment term, you will receive a new reminder invoice with 8% late interest on the total invoice amount excluding VAT. A third payment term of 5 working days is set.
5.7. After the expiry of the third payment term, all active licenses and subscriptions will be suspended and payment processing will be transferred to a collection agency.
5.8 Subscriptions will automatically renew for subsequent twelve (12) month periods (each, a “Renewal Term”), unless either Party gives written
notice of non-renewal according to section 6.
6.1 You may cancel your account or subscriptions by giving written notice of non-renewal to the other Party at least thirty (30) days prior to the end of the then current Term.
6.2 Cancellation is only valid after you receive a confirmation by us.
6.3 If we stop providing the service to you for any reason, we will provide you a refund of the pro rata amount of the monthly or annual charge that was prepaid. Otherwise, you won’t be entitled to a refund or credit for any reason.
7.1 Clients have the ability to upgrade their accounts and the services offered at any time
7.2 Where an account is upgraded, the new higher monthly charge will be automatically applied immediately. This invoice will include a deduction for the previous payment made in advance for the previous plan.
7.3 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8.1 Beta, Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Only one person may use a single beta, free or trial account, the account cannot be shared amongst multiple individuals.
8.3 These Terms and Conditions apply to all beta, trial or offer period accounts.
9.1 Technical support is provided via our support tool and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial account users.
10.1 As a user you agree not to do any of the following:
11.1 As a user you retain all ownership rights to content provided by you.
11.2 You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.
12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
14.1 We may suspend your account at any time where these Terms & Conditions have been breached. You will receive a written notice about the suspension. If we cannot resolve the issue(s) on which the suspension has been justified, after 30 days, we have the right to terminate your account. After termination, we will provide you 14 days of access to transfer all content and materials. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 17.3 below.
15.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
15.3 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
16.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
16.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
17.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
You hereby acknowledge and agree that we require to process, transmit and store personal data under the documented instructions and as specified in the Data Processing Addendum (“DPA”).
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015 and the California Consumer Privacy Act of 2018. Should these Terms & Conditions conflict with these Acts, the Consumer Rights Act 2015 or the California Consumer Privacy Act of 2018 shall prevail and apply where you use the Service strictly as a consumer only.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Dutch law and shall be subject to the exclusive jurisdiction of the court in Maastricht, the Netherlands. Where applicable your statutory rights are unaffected.