General terms - product & service
Scope. These General Terms of Service will be applied to a contract (“Contract”) between Bttn, a private limited company with Company ID 58923853, having its registered address at Keizersgracht 127, 1015CJ Amsterdam, The Netherlands, and a customer (“Customer”) to whom Bttn provides infrastructure and software services for the Customer in connection with pre-programmed or user programmable button interface (“Services”).
Contract Documents. The Contract is created when Bttn receives an appropriately filled-in registration or order form (“Order”) which the Customer has submitted through a registration and/or purchasing procedure at Bttn’s website or which has been negotiated and signed between the parties. The Contract is comprised of the Order, service descriptions attached or referred to in the Order, the service level agreement (“SLA”), the acceptable use policy (“AUP”) and these terms.
Provision of Services. Bttn shall provide the Customer with the Services, which are specified in the Order. If the provided Services differ from the specifications, Bttn shall correct the Services promptly after the notification by the Customer.
Service Levels. Bttn shall offer the Services according to the terms of the SLA.
Support. Bttn shall provide the Customers with technical support on the Services through phone, e-mail, and ticketing system. Contact details and service hours are provided on Bttn’s website.
Access to Service Account. The Customer will be responsible for activities that occur under the Customer’s service account, including actions taken by the Customer’s employees and other representatives as well as their compliance with user instructions and the AUP. The Customer must promptly notify Bttn if the Customer suspects that an unauthorized third party is using, or may have access to, the Services or the Customer’s service account.
Changes to Services. Bttn is entitled to develop its services and business offerings. In case of a change in the Services, Bttn will notify the Customer in advance. If Bttn considers that a change will have a material effect in the Services, Bttn will notify the Customer at least 30 days before the change will be effected and reserve the Customer a possibility to terminate the Contract.
Prices. The prices of the Services are specified in the Order. Applicable value added tax and other duties will be added to the prices unless the prices are specified VAT inclusive.
Privacy and Personal Data Protection. Bttn will comply with applicable privacy and personal data legislation. The description of personal data file is provided on Bttn’s website. Rules and actions set by the Customer to its account are not disclosed to the general public by Bttn but are not protected by cryptography in Bttn’s servers and are accessible by Bttn in order to further enhance Services as well as ensure the Services are not used in illegal or ordre public manner.
Traceability of messages. Actions conducted by the user are traceable by virtue of unique ID number assigned for each Customer hardware and each message. As a result all actions, messages and orders made using the Service can be identified to the particular user to whom the ID belongs.
Intellectual Property Rights. All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of Bttn or its licensors.
Limited Warranty. The Services are provided on “as-is” and “as-available” basis, and Bttn will not give the Customer any warranty or guarantee, express or implied, for the Services, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Limited Liability. Bttn will assume no liability for any damage which Bttn may have caused to the Customer. This limitation will not apply to damage caused by willful misconduct or gross negligence, but in no event Bttn is liable for indirect damage or loss of profits.
Assignment and Third Party Benefits. Bttn may assign the Contract in whole or in part to another group company or in connection with the trade sale which includes the provision of the Services. The Customer may assign the Contract with Bttn’s prior written consent which Bttn will not unreasonably withhold. The Contract will not create any third party beneficiary rights in any third party.
Temporary Suspension. If the Customer has breached the provisions of the Contract or Bttn has justifiable reasons to believe such a breach exists, Bttn may temporarily suspend the provision of the Services.
Termination for Convenience. The Customer may terminate the Contract for any reason by issuing 5 days written notice to Bttn. Bttn may terminate the Contract for any reason by issuing 30 days written notice to the Customer, unless otherwise agreed for longer termination period.
Termination for Cause. Either party may terminate the Contract with immediate effect if the other party has materially breached the provisions of the Contract and has failed to rectify the breach within a 15 days period from the receipt of a written notice thereof.
Amendments. All amendments to the Contract must be made in writing. Bttn may modify Contract documents by notifying the Customer in writing, such as by e-mail or by posting a revised document version on Bttn’s website. If Bttn considers that a revision will have a material effect on the Contract, Bttn will notify the Customer at least 30 days before the revision will be effected and reserve the Customer a possibility to terminate the Contract.
Non-Waiver. A failure by either party to enforce any provision of the Contract will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
Force Majeure. Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Services or the fulfillment of the provisions of the Contract, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the party either directly or through its subcontractor.
Severability. Should any provision of the Contract be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract will remain in full force and effect to the fullest extent permitted by law. The parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Applicable law and jurisdiction. The Contract will be governed by the substantive laws of the Netherlands, with the exception of any conflict of law principles. All disputes arising from these Terms and Conditions will be settled by the courts in Amsterdam, the Netherlands, and which will have exclusive legal capacity in relation to these disputes.
Service Level Agreement
Scope. This service level agreement (“SLA”) is an integral part of the Contract between Bttn and the Customer.
Service Guarantee. Bttn strives to provide exceptional Services, but cannot guarantee 100% availability of the Services to the Customer. As a result, no compensation will be given for any downtime that may occur. Customer must take into account that messages sent through the Services may not be successfully delivered due to various of reasons.
Scheduled Interruptions. Bttn will notify the Customer by e-mail or on Bttn’s website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which Bttn may deploy without prior notice.
Error Notifications. In case of an interruption in the Services, the Customer has to notify Bttn by e-mail to email@example.com. Bttn will notify the Customer about the correction of the failure.
Acceptable Use Policy
Scope. This acceptable use policy (“AUP”) is an integral part of the Contract between Bttn and the Customer.
User Instructions. The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.
Customer’s Legal Compliance. The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.
Illegal or Offensive Use of Services. The Customer is not entitled to use the Services for purposes which Bttn deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact Bttn in advance and request permission. For example, Bttn considers the following actions or content to be illegal or offensive:
- Use of the Services in connection with fraudulent activities
- Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations
- Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence
- Storage or transfer of, or linking to child pornography or content containing non-consensual sexual acts
- Promotion of illegal material or products
- Unauthorized access to, or attempting to access, systems, networks or data
- Use of a user account or computing without the owner’s authorisation
- Collection of user information such as email addresses without the consent of the person identified (phishing)
- Using the Services for promoting or aiding terrorism, violence or libel and slander.
Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive Bttn’s written consent.
Disruptive Use of Services. The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services.
Right to monitor and intercept messages. Bttn has a right to technically monitor messages sent using the Services and intercept before delivery those that are of nature against this AUP or against public policy in the Netherlands.
Links to Other Sites and to This Website
This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Bttn’s control, and Bttn is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Bttn immediately of any unauthorized use of your account or password, or any other breach of security. You agree not to use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Bttn cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
User Content and Feedback
Bttn is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions, or other materials related to our products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in Website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through the Website (‘communications’), including e-mails to Bttn, postings on interactive portions of the Website, or Bttn operated social media, shall be deemed and shall remain the property of Bttn. If you send us such communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Bttn is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing and marketing products using such communications. By submitting communications to us through the Website, e-mail, social media or any means other than the procedures outlined elsewhere in the Website, you hereby RELEASE Bttn from any liability under any legal theory in connection with the use, modification, sale or disclosure of any communications. By uploading or otherwise providing any communications to this Website or Bttn, you hereby grant Bttn, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such communications for any purpose and in any media without compensation.
No Representations or Warranties
Bttn makes no representations or warranties that this Website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Website or Bttn’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE, AND YOU AGREE TO HOLD Bttn HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on the Website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED ‘AS IS.’ Bttn DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Bttn BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Bttn’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Applicable Legislation and Disputes
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Amsterdam.
Void Where Prohibited
Bttn reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside of The Netherlands, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Effective: August 8, 2019.Bttn
Collection of Personal Information
If you browse the Website, you may generally do so anonymously without providing any personal information. However, there are cases in which we may ask you for personal data. For example, we will occasionally conduct on-line surveys to better understand the needs and profile of our visitors. In addition, we may request personal information when you register to receive additional information regarding our products and services, sign up for a newsletter or send us a question. Even if you choose not to give information we request, you can still visit most of Bttn website, but you may be unable to access certain options, offers and services. In case you change your mind or wish to update or delete personal information (such as your ZIP code), we will endeavour to correct, update or remove the personal data you give us. You can do this by contacting us at the contact specified below.
When you place an order or a pre-order for a product or service, we need to collect information, such as your name, e-mail address and mailing address. This personal information is required so that we can process and fulfil your order, send an order or shipping confirmation, as well as notify you of your order status. We are not storing information about your credit card.
Bttn Mailings/Marketing Communications
If you provide us with personal information, and choose to join our company’s e-mail list, we will place you on that list to receive e-mail regarding product/service updates, special offers, important issues and new products and services. The personal information that you provide to our company may be shared internally with other subsidiaries and affiliates of Bttn. If you do not wish to receive e-mail updates or other marketing communications from our company or other Bttn subsidiaries and affiliates, please use the unsubscribe option at the end of the message, or contact us at the contact e-mail address specified below.
Use of Personal Information
Personal information provided by users may be used for marketing and promotional purposes only by Bttn and its subsidiaries and affiliates. Except as described in this policy, Bttn does not rent, sell or otherwise distribute to third parties, your personal information entered on this site without your consent, unless required by law or as disclosed to you when the information is collected. If you do provide us with consent to share your information with other third-party companies, we may share your information with third-party companies who offer products and services that may be of interest to you. These companies may then contact you directly with product or sample offers, personalized offers and information, or to ask for your feedback on products and programs that they think may be of interest to you. While we use all reasonable efforts to safeguard the confidentiality of your information, Bttn will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. We may share your personal information with our third-party service providers on a need-to-know basis. We engage third-party service providers to perform certain services on our behalf. In order to perform those services, the service providers may need to know your personal information. We require that they protect this information and only use it to perform services on our behalf. For example, we may use outside shipping companies, credit card processing companies, resellers, distributors and content providers. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Bttn website content and advertising to deliver a better experience to our users.
Cookies and IP Tracking
Bttn reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website users or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.
Policies for Children
The features, programs, promotions and other aspects of this website requiring personal information are not intended for children. Bttn does not knowingly collect personally identifiable information from children under the age of 1 8. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personal information to us, please notify at the contact point specified below. A parent or guardian of a child under the age of 18 may review and request deletion of such child’s personal information.
Please be advised that this website may contain links to third party websites. The linked sites are not under the control of Bttn, and we are not responsible for the contents or privacy practices of any linked site or any link on a linked site.
Bttn reserves the right to change or update this policy, or any other policy or practice, at any time, with reasonable notice to users of this website. Any changes or updates will be effective immediately upon posting to the Website.
Effective: August, 2019Bttn