These terms and conditions govern your acquisition and the use of the services offered by GDPR Form (the Services). These terms and conditions also apply to free trials or free subscriptions. The company behind GDPR Form is Next Ventures BVBA with registered seat at Oudesteenweg 33 Box 502 2060 Antwerpen and VAT number 0560.762.245 (RPR Antwerpen). For ease of reference we will further refer to ourselves using we, us, our or GDPR Form.
Third parties may sell the Services on our behalf. For example: the company developing your website may implement GDPR Form Services on your website. Even if our Services are sold to you by a third party, you will enter into a direct relationship with us and these terms and conditions will also apply.
1.1. If you subscribe to our Services online (or a third party does so on your behalf), you will have to tick a box indicating your acceptance to these terms and conditions. If you otherwise submit an order form to us or enter into an agreement with us, these terms and conditions also apply.
1.2. Your subscription will continue month-to-month until terminated. To use our paid Services you must provide a current, valid, accepted method of payment, which you may update from time to time (Payment Method). Unless you terminate your subscription before your monthly billing date, you authorize us to charge the monthly price to your Payment Method.
1.3. When signing up for our Services, an account will be created which you can access through our website. You can find all specific details regarding your subscription in your account. Multiple users which each have their own password may be linked to your account. You are responsible and liable for the security of the password(s) you choose to use .
2.1. We offer certain Services for free. We may limit eligibility to free Services to prevent abuse.
2.2. Any free trial period for one of our paid plans last for one month or as otherwise specified during sign-up and is intended to allow new customers and certain former customers to try the Service. 2.3. At the end of your free trial period, we will charge your Payment Method for the next month with the monthly price for the Services you subscribed to, unless you terminate your subscription prior to the end of your free trial period. To view the monthly price for the Services you subscribed to and to see the end date of your free trial period, you can go to the billing section of your account.
3.1. Regardless of any prices or promotions you may have seen on GDPR Form’s website at any given time, the prices are those as advertised on the website at the time of subscribing to the Services.
3.2. Unless explicitly indicated otherwise, all prices are in EUR and exclusive of VAT. 3.3. When subscribing to our paid Services, you will have to provide a Payment Method. You can change your Payment Method in the billing section of your account. The price for the Services will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the day on which you started using our Services.
3.4. If a payment is not successfully settled, due to for example expiration of your Payment Method or insufficient funds, we may suspend your access to the Services until we have obtained a valid Payment Method. When you update your Payment Method, any previously uncollected amounts will be charged to your new Payment Method. A change of Payment Method may also result in a change of the date on which the Services are charged to you.
3.5. The issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee relating to the processing of your Payment Method. You should check with your Payment Method service provider for details before using the Payment Method.
3.6. You can download your invoices in the billing section of your account. You expressly agree to only receive electronic invoices through your account.
4.1. You can cancel your subscription to the Services at any time. If you cancel your subscription, you will be able to use the Services through the end of the month you paid for. Any payments already made to us are not refundable. To cancel your subscription, go to the billing section of your account.
4.2. In case of cancellation of your subscription, we will keep your account accessible for period of 30 days after the end of your subscription so that you can make downloads of your invoices and/or the customer data which you saved in your account. After this period of time, all the customer data which you saved in your account will be deleted by us.
5.1. We may from time to time update our prices or our Service offering. However, we will never make any changes that substantially affect you without informing you at least one month in advance and you will always have the option to cancel your subscription prior to any changes becoming effective. 5.2. If we decide to discontinue to provide any or all of the Services you subscribed to, we will also inform you at least one month in advance so you can make appropriate arrangements to obtain alternative services. We are under no obligation to continue to provide the Services to you after this.
6.1. We reserve all of rights, title and interest in and to the Services or any content offered by us, including all of our intellectual property rights. Unless explicitly stated otherwise, we do not in any way convey any license on or under any intellectual property right relating to the Services, their compositions and/or applications, GDPR Form’s logos, marketing materials, website content, or any other information or documentation made available by us. You may not utilize data mining, robots, or similar data gathering and extraction tools to extract substantial content from our website, and you may not extract or re-utilize parts of the content of our website or the Services without our express written consent. For the duration of your subscription to the Services, you will get a non-exclusive, non-transferable license to use the Services for your internal business purposes only. 6.2. You must keep in confidence any and all commercial, technical, business information and know-how that you acquire from us.
8.1. We use reasonable endeavors to maintain the availability of the Services close to 100% but we cannot guarantee 100% availability. In any case, any downtime caused directly or indirectly by any of the followings events is not attributable to us: (i) any situation of force majeure (ii) a fault or failure of the internet or public telecommunications network, (iii) a fault or failure of your systems, or (iv) scheduled maintenance as notified to you.
8.2. We take back-up copies at least every day, and shall retain and securely store each such copy for a minimum period of 30 days. If you have lost any data and you send us a written request, we shall use reasonable endeavors to restore your data using our back-ups.
9.1. The license to use the Services is granted to you. You, your employees or your agents may make use of the Services, but no one else. You may not sub-license your rights to access and use the Services, and you may not permit any unauthorized person to access the Services. 9.2. You may not use the Services in any way that causes, or may cause, damage to GDPR Form or to the Services or which may impair the availability or accessibility of the Services. Evidently, you may also not use the Service in any way that is unlawful or in connection with any unlawful activities. You are also not allowed to conduct any load testing or penetration testing on the Services. Just in case you were not sure: you may also not access any of the code used by GDPR Form, unless if we give you specific permission to do so. 9.3. We reserve the right to restrict or suspend your access to the Services if you do not respect these terms and conditions or if you make unfair or unreasonable use of the Services.
10.1. GDPR Form’s liability for any and all claims for damages arising out of or in connection with the Services or their use, shall be limited to the sum of your payment for the Services in the 12 months preceding the first incident out of which liability arose.
10.2. GDPR Form shall only be liable for its willful misconduct and gross negligence, and only for those damages which are a direct and immediate result of the execution of the Services. In no event shall GDPR Form be liable for any indirect damages (including but not limited to lost revenue, lost profits or other consequential or incidental damages).
11.1. We may terminate your subscription with immediate effect without the need of a court intervention and without having to pay any damages and without prejudice to any other remedy to which we are entitled under the applicable law, in any of the following events:
(i) you file for bankruptcy or go bankrupt, cease payment, have initiated a liquidation, a judicial reorganization or similar procedure, and in case of any situation which would indicate your insolvency,
(ii) you have committed repeated or serious breaches of your obligations arising from these terms and conditions,
(iii) there is a material change in your management, business, assets or shareholdings that may have materially adverse effect on us.
11.2. Upon termination, all claims which we may have become automatically and immediately due and payable.
11.3. In case of termination, we will in principle keep your account accessible for period of 30 days as set out in article 4.2. However, if we have reasons to believe that keeping your account accessible may have an adverse effect on us we may decide not to do so. In such a case, we shall reasonably assist you in obtaining such data as you require from your account before closing the account and deleting the customer data which you saved in your account.
12.1. If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 12.2. All disputes shall be submitted to the exclusive jurisdiction of the competent courts of Antwerp. 12.3. These terms and conditions are governed by and must be construed in accordance with the laws of Belgium, excluding conflict of law rules and with the exclusion of the 1980 Vienna Sales Convention (CISG). 12.4. We will send you information relating to your account and the Services (e.g. payment authorizations, invoices, changes in password or Payment Method, notices) in electronic form only, for example via emails to your email address provided by you.