The service “Social profiling” is offered over the internet in the form of Software-as-a-Service by the company Endrse. The use of Social profiling is subject to the below terms and conditions. Using Social profiling constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Endrse.
Article 1. Use of the service
1.1. With Social profiling, you can Social profiling with data use.1.2. To use Social profiling, you first need to register. After completing registration, Endrse will verify whether your application is to be approved or not. You will be notified about the decision.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Endrse may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Endrse that someone else knows your password.
1.4. Social profiling processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Endrse for more information.
2.1. It is not permitted to use Social profiling for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. Should Endrse discover that you violate any of the above, or receive a complaint alleging the same, then Endrse may intervene to end the violation.
2.3. If in the opinion of Endrse the continued functioning of the computer systems or network of Endrse or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Endrse may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4. Endrse is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Article 3. Availability and maintenance
3.1. Endrse uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Endrse actively maintains Social profiling. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible. 3.3. Endrse may from time to time adapt Social profiling. Your feedback and suggestions are welcome but ultimately Endrse decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service Social profiling, the accompanying software as well as all information and images on the
website is the intellectual property of Endrse. None of these items may be copied or used without prior written permission of Endrse, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Endrse receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Endrse, for example a bug report or suggestion for improvement, you grant Endrse a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Endrse shall refrain from accessing data you store or transfer using Social profiling, unless this is necessary for a good provision of the service or Endrse is forced to do so by law or order of competent authority. In these cases Endrse shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of Social profiling is subject to a fee which is due every year. The fee must be paid in advance. 5.2. Payment is possible by making a wire transfer to the account of Endrse, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Endrse shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Endrse in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Endrse at most two months after discovery. 6.4. In case of force majeure Endrse is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a year.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of two months.
7.3. Endrse is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Endrse shall first send a reminder mail to the e-mail address connected to your account.
7.4. Please note: it is not possible to export data you store or process using the service.
Article 8. Changes to terms
8.1. Endrse may change or add to these terms and conditions as well as any prices at any time.
8.2. Endrse shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Social profiling after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Social profiling shall be brought before the competent Dutch court for the principal place of business of Endrse.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Social profiling service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Endrse shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Endrse is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Social profiling or the associated business activities.