Terms of Use RouteLogic

The "RouteLogic" service is provided to you via the Internet as Software-as-a-Service by RouteLogic B.V. hereinafter referred to as RouteLogic. The use of RouteLogic is subject to the following conditions. By using RouteLogic, you agree to them. Deviations from these conditions are only binding if accepted by RouteLogic in writing.

Article 1. Use of the service.

1. RouteLogic allows you to create route plans.
2. In order to use RouteLogic, you must first register. After your registration is completed and your e-mail address is confirmed, you can directly log into your account and use the service. 
3. You must protect access to your account via the user name and password from unauthorized access. In particular, you must keep the password strictly confidential. RouteLogic may assume that everything that happens from your account after logging in with your user name and password is done under your direction and supervision. You are therefore liable for all such actions unless you have reported to RouteLogic that another person knows your password. 
4. With RouteLogic, your personal data is processed. You consent to all forms of processing that fall within the scope of the service. Please refer to RouteLogic's privacy statement for more information.
5. By becoming a customer of RouteLogic, you also agree that RouteLogic may use your name and company logo on its website, in its marketing or other commercial communications.

Article 2. Rules of use

1. It is prohibited to use RouteLogic for actions that violate Dutch or other applicable laws and regulations. This includes storing or distributing through the service information that is defamatory, libelous or racist.
2. If RouteLogic determines that you are in violation of the above terms, or receives a complaint about it, RouteLogic may take its own action to end the violation. 
3. If, in the opinion of RouteLogic, a nuisance, damage or other danger arises to the functioning of the computer systems or network of RouteLogic or third parties and/or the provision of services via the Internet, in particular by excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, RouteLogic is entitled to take all measures it reasonably considers necessary to avert or prevent such danger.
4. RouteLogic is at all times entitled to report any identified criminal offenses. Furthermore, RouteLogic is entitled to surrender your name, address, IP address and other identifying data to a third party who complains that you infringe its rights or these Terms of Use, provided that the accuracy of such complaint is sufficiently plausible in all reasonableness, there is no other way to obtain such data and the third party has a clear interest in surrendering the data.
5. RouteLogic may recover damages resulting from violations of these rules of conduct from you. You shall indemnify RouteLogic against all third-party claims for damages resulting from a violation of these Rules of Conduct.

Article 3. Availability and maintenance

1. RouteLogic makes every effort to ensure that the service is available. On working days from 8.30 a.m. to 5 p.m., RouteLogic is available for any questions or to report any malfunctions.  Outside of these times, Routelogic is only accessible and available to provide support if a separate service level agreement is entered into with RouteLogic.
2. RouteLogic is under active maintenance. If maintenance is expected to limit availability, RouteLogic will perform it when usage of the service is relatively low. Maintenance will be announced in advance if possible. Maintenance due to emergencies may occur at any time and will not be announced in advance.
3. RouteLogic may modify the functionality of RouteLogic from time to time. In doing so, your feedback and suggestions are welcome, but ultimately RouteLogic itself decides which adjustments it makes or does not make.

Article 4. Intellectual Property.

1. The RouteLogic service, the associated software as well as all information and graphics on the website is the intellectual property of RouteLogic. These may not be copied or used in any way without separate written consent from RouteLogic, except as permitted by law.
2. Information that you store or process through the Service is and remains your property (or that of your suppliers). RouteLogic has a limited right of use to use this information for the Service, including for future aspects of it. You may revoke this right of use by removing the relevant information and/or terminating the agreement.
3. If you send information to RouteLogic, for example feedback about an error or a suggestion for improvement, you grant it an unlimited and perpetual right to use this information for the Service. This does not apply to information that you expressly mark as confidential.
4. RouteLogic will not take cognisance of any data you store and/or distribute through RouteLogic, unless this is necessary for proper service provision or RouteLogic is obliged to do so under a statutory provision or court order. In that case, RouteLogic will make every effort to limit the knowledge of the data as much as possible, to the extent this is within its power.

Article 5. Fee for the service.

1. The use of RouteLogic is free of charge. If you want to use RouteLogic's extra functionalities, you need to pay for them. You can take out a yearly or monthly subscription. Sending e-mails (notifications to customers) is included in every subscription. Sending SMS messages to customers is optional, for which €0.15 per SMS message is charged.
2. Payment can be made via iDeal, Credit card or bank authorisation.
3. As the service is provided immediately, and at your express request, it is not possible to undo a payment by invoking the Distance Selling Act.
4. As soon as an additional vehicle is added in RouteLogic, user will enter into a payment obligation. The additional vehicle or vehicles are automatically charged. This is also clearly indicated in the application. If user wishes to undo this, RouteLogic will charge € 15, - excl. VAT administrative costs per vehicle.

Article 6. Liability

1. RouteLogic is expressly not liable for indirect damages, consequential damages, lost profits, lost savings and damage due to business interruption.
2. A condition for the creation of any right to compensation is that you report the damage in writing to RouteLogic no later than 5 working days after discovery.
3. In case of force majeure, RouteLogic is never obliged to pay compensation for the damage caused to you. Force majeure includes malfunctions or failures of the Internet, telecommunications infrastructure, power failures, civil unrest, mobilisation, war, traffic congestion, strike, lockout, operational disturbances, supply congestion, fire and flooding.

Article 7. Duration and termination

1. This agreement commences when you first use the service and runs for an indefinite period of time.
2. If you enter into a subscription as a company or consumer, you may terminate the agreement at any time. The termination will take effect on the end date of the subscription you have entered into. For a monthly subscription, this is after one month from the date of purchasing the subscription. For an annual subscription, this is one year from the date of purchasing the subscription. There will be no refunds for the period after cancellation until the end of your subscription. 
3. Annual subscriptions are renewed annually and monthly subscriptions are automatically renewed monthly. 
4. RouteLogic may terminate the agreement if you have not logged in for 12 months. It will first send a reminder e-mail to the e-mail address associated with your account in that case.
5. Upon request and at an additional cost, RouteLogic can provide you with a copy of the stored data. Please inquire about the possibilities and costs.

Article 8. Changes to the terms and conditions

1. RouteLogic may amend these terms and conditions as well as the prices at any time, always with effect from a new payment period (as defined in 5.1).
2. RouteLogic will announce the amendments or additions at least thirty days before they take effect via its website so that you can take note of them. 
3. If you do not wish to accept a change or addition, you may cancel the agreement until the effective date. Use of the service after the effective date shall constitute acceptance of the amended or supplemented terms and conditions.

Article 9. Other provisions

1. Dutch law shall apply to this agreement.
2. To the extent not otherwise required by the rules of mandatory law, all disputes related to RouteLogic shall be submitted to the competent Dutch court for the district in which RouteLogic is located.
3. If a provision in these terms of use requires that a communication must be made "in writing," it is also satisfied if the communication is made by e-mail or communication via the service, provided that it is sufficiently established that the message actually comes from the alleged sender and that the integrity of the message has not been compromised.
4. The version of communication or information as stored by RouteLogic is presumed to be accurate unless you provide evidence to the contrary.
5. If any provision of these Terms of Use is found to be invalid, this does not affect the validity of the entire Terms of Use. Parties will in this case to replace (a) new provision (s), which as much as legally possible to the intent of the original provision is given shape.
6. RouteLogic is entitled to transfer its rights and obligations under the agreement to a third party who takes over RouteLogic or the relevant business from it.