In these conditions the following terms have the following meanings: in1 - Sobolt B.V. and Counterparty - client (whether or not including its employees) or the person with whom in1 has concluded an agreement, or with whom in1 is negotiating about entering into an agreement.
1. SERVICES
These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of in1 ("Website" or "Service" or “API”) and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and in1 ("in1", "we", "us" or "our"). By accessing and using the Website, API and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website, API and Services. You acknowledge that this Agreement is a contract between you and in1, even though it is electronic and is not physically signed by you, and it governs your use of the Website, API and Services.
2. ACCOUNTS
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Website, API and Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
3. BILLING AND PAYMENTS
You shall pay all charges to your account in accordance with the packages, charges, and billing terms in effect at the time a charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). You may choose to use the purchased credits interchangeably with the product offered on the Website. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. The parties agree that in1 is solely responsible for any applicable withholding and payment of taxes with respect to in1 as required by law. The prices quoted on packages, offers, agreements and invoices from in1 are net of VAT and any other government levies, unless explicitly stated otherwise. in1 will bill the client for the Services within 5 working days from purchasing the credits.
4. PRICE INDEXING
The compensation as set forth in the contract between parties is based on the price level at the moment of signing this agreement. If not specifically defined in the agreement, in1is entitled to adjust the compensation on a yearly basis as a result of price-level fluctuations. The adjusted prices will be communicated as soon as possible. All prices are denoted in Euro, any possible costs associated with fluctuations in exchange rates will be charged to the client.
5. REFUND POLICY
Our policy is valid for a period of 14 calendar days from the date of purchase. If you are not satisfied with the service for any reason, you can ask for a refund. A pro-rated refund will be issued for the unused portion of the services (excluding any bonuses, offers, or discounted processing credits). If the period of 14 days has elapsed since the purchase, we can't, unfortunately, offer you a refund.
6. REFUND REQUIREMENTS
At least one of the following criteria must be met in order to qualify for a refund:
Service must not be used
Service malfunctions or does not work as described
If the conditions listed above are not met, we reserve the right not to issue a refund. It's important to keep in mind that there is often a difference between a service that doesn't work and a situation where you are receiving an error message. Error messages could be related to an incorrect setup, configuration, or software and as a result, the service is not working.
7. PRIVACY
in1 respects the privacy of its Clients. in1 is committed to protect your privacy and follows the Dutch and European legislation and guidelines to ensure the protection of its Client’s privacy. In any possible event of infringement of Client’s privacy, in1 cannot be held liable.
8. PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website, API and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website, API and Services for violating any of the prohibited uses.
9. DISCLAIMER OF WARRANTY
You agree that such Services are provided on an "as is" and "as available" basis and that your use of the Website, API and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will in1, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of in1 and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one Euro or any amounts actually paid in cash by you to in1 for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
11. INDEMNIFICATION
You agree to indemnify and hold in1 and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
12. SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
13. DISPUTE RESOLUTION
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of The Netherlands without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of The Netherlands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in The Netherlands, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. TERM AND TERMINATION
This agreement takes effect on the date the terms and conditions are signed and shall continue until termination of the Services, premature termination of the Services, or until a new agreed upon date resulting from prolongation of the Services. In the event of any termination, the client will pay in1 for the credits consumed up to the date of termination.
15. MISCELLANEOUS
These Terms & Conditions apply as an addendum to all written agreements by or on behalf of in1. All written agreements, including this document, shall be governed by and construed in accordance with Dutch law.