Made2Pay, located on Finland 2, 2678 XV, De Lier, The Netherlands (hereinafter also referred to as "We" or "Made2Pay") is a supplier of a sales / cash register application and associated services. These terms and conditions of Made2Pay (the "Terms and Conditions") govern the use of the Made2Pay application that can be downloaded on a mobile device (the "App"), the Made2Pay website on www.made2pay.com (the "Website ") and the supply of services and products by Made2Pay through the App or website (the “Services and Products"). By using the App and the Website and/or ordering Services or Products, You (or the "User") agree to these Terms and Conditions.
Made2Pay reserves the right to modify these Terms and Conditions, the App, the Website and / or the available Services or Products at all times. The latest version of the Terms and Conditions is available in the App and on the Website. You are responsible for reviewing the Terms and Conditions on a regular basis to stay informed about the changes. Any modification of the App and the Website, including new features, new services or products, is subject to these Terms and Conditions. By continuing to use the App, Website and / or to order Products or Services, You agree to such modifications.
Each account is intended for a single user. Sharing an account with other users is prohibited. You may not create an account under a name other than your own name or the business name you use for your services and you will therefore not create an account for someone else without permission. You shall keep confidential your password and will not authorize third parties to use the App and/or the Service through your account. You are responsible and liable for all activities that occur via your account, even if this is done by third parties without your permission.
Made2Pay reserves the right to withhold access to the App or Services to any person or legal entity for any reason whatsoever.
C) Use of the App
Subject to these Terms and Conditions, Made2Pay grants You a limited, personal, non-exclusive, non-sublicensable and non-transferable license to download the App and install the App on a mobile device and use the App for legitimate, authorized and permitted purposes.
You shall use the App in accordance with these Terms and Conditions and applicable law. We reserve the right to, at our sole discretion, deny (temporary) access to the Services or Your account if You are (allegedly) acting in breach of these Terms and Conditions, without prejudice to Made2Pay’s right to take further legal action and claim damages.
Made2pay is entitled to take any of -but not limited to - the following actions (with or without notice):
• Suspension and / or termination of Your account/subscription;
D) Disclaimer and Liability
Made2Pay shall use commercial reasonable effort to keep the App and the Website available for use with adequate security, however the App, Website and Services are provided "AS IS" and "AS AVAILABLE." Using the App and the Website is entirely at your own risk.
Made2Pay disclaims all warranties that (i) the App, the Services or Products are fit for a particular purpose, (ii) the App, Website, Services or Products will be uninterrupted, timely, secure or error-free, (iii) results that can be obtained by using the App, Website, Services or Products are accurate, complete and reliable, (iv) the quality of Services or Products or any information or other materials provided to you through the App or Website will meet your expectations or requirements, and (v) all errors or defects in the App, the Website and the Services or Products will or can be corrected.
The User understands and agrees that Made2Pay shall not be liable for any direct, indirect, special, consequential or incidental damages, including but not limited to loss of profits or revenues, loss of data or other intangible losses (even if We are aware of the likelihood of such damages occurring), resulting from the use of the App, the Website, Services and/or Products. To the extent foregoing exclusion of liability is not permitted under applicable law the maximum liability of Made2Pay is limited to direct damages up to a maximum of the total fees paid by User in the twelve (12) months preceding the incident.
If You order Services or Products of third parties through the App or the Website, the standard warranty conditions of the manufacturer shall apply.
Should you decide to use third-party services (eg backup or payment services) in combination with the App, the Services or Products, the terms and conditions of those third parties apply to the use of such Services and Products.
The applicable fee for use of the App and/or Services depends on the subscription and shall be paid monthly or annually in advance. At the end of the agreed term, the contract shall be renewed automatically for an equal period and payments will automatically be collected by Made2Pay except if the User has terminated its subscription at least ten (10) business days prior to the end of the term through the Website.
Fees for Services or Products ordered through the App and/or Website shall be paid when ordering.
All applicable fees for the App and the Services or Products are in Euros and excluding VAT. You are responsible for all subscription and other fees associated with the use of the App and the Services or Products.
During an agreed trial the use of the App is for free. At the end of the trial period, the subscription shall automatically terminate and certain features shall no longer be available in the App unless You order a paid subscription before or after the end of the trial period.
No refund or credit will be given for the temporary non-use of the App, the (interim) termination of Your subscription and cancellation or deletion of your account or deletion of the App from your mobile device.
Made2Pay reserves the right to increase the fees for use of the App and fees for Services or Products at any time. The applicable fees shall be listed on the Website.
F) Termination and cancellation
The User is solely responsible for properly terminating its subscription and / or cancelling its account. You may terminate Your subscription and/or cancel Your account at all times via the Website. In case You do not terminate your subscription/account timely (no later than ten (10) days before the end of the agreed period), the term will be extended automatically and Made2Pay entitled to collect the appropriate fee.
After termination of the subscription, you can only make limited use of the App. You will retain access to Your data, however will not be able to use the App as intended, namely sales / cash register. After deletion of your account, we will remove all data and information from you, except as required under applicable regulations.
Made2pay advises You to regularly make backups of the information and data in the App in order to avoid data loss.
Made2pay reserves the right to suspend or terminate the account of a User and/or to refuse all future use of the App and/or provision of Services or Products by us for any reason whatsoever. Termination of the subscription may result in the deactivation or blocking of the account of the User.
Made2Pay shall correct defects and errors and make improvements to the App and Services to improve User satisfaction. Unfortunately, this may cause temporary interruptions. Made2Pay cannot be held liable for any damages arising or resulting from temporary interruption(s).
Technical support is provided by email@example.com.
H) Intellectual Property Rights
Any and all intellectual property rights in the App, Website, Services or Products are and shall remain the exclusive property of Made2Pay or its suppliers. Nothing in this Terms and Conditions intends to transfer any intellectual property rights to You or to vest any intellectual property rights in You. You are only entitled to the limited use of the intellectual property rights as granted to you herein.
You will not take any action to jeopardize, limit or interfere with the intellectual property rights. You acknowledge and agree that any unauthorized use of this intellectual property rights is a violation of these Terms and Conditions as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
You will not duplicate, transfer, give access to, copy or distribute any part of the App, Website, Services or Products without Made2Pay’s express written permission. You will not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and ownership thereof.
Made2pay does not claim any intellectual property rights in the content, materials, information and data of the User in the App or account.
These Terms and Conditions are governed by Dutch law.
These Terms and Conditions are executed in a Dutch and English version. The Dutch version prevails in case of any interpretation issues.
The App, Website, Services and/or Products are provided by Made2Pay from its facilities in the Netherlands. Made2Pay makes no representation that the App, the Website, Services or Products are appropriate or available for use in other geographical locations and jurisdictions. Those who access or use the App, Website, Services or Products in another jurisdiction, do so at their own decision and are solely responsible for compliance with local laws.
If you have questions about this agreement please contact the support team via firstname.lastname@example.org.
Version April 2017.