Introduction

The following terms and conditions govern all use of the placker.com website (the “Website”) owned by Placker B.V. and all content, services and support packages. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, procedures that may be published from time to time on this Website by Placker B.V. (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Placker B.V., acceptance is expressly limited to these terms. Deviations from these terms and conditions is possible only by means of written confirmation by Placker B.V..

Violation of any of the terms below may result in the termination of your account.

Article 1. Use of service

1.1. Our websites provides tools to plan, track and report your work and collaborate with your team.

1.2. To use our website, you first need to register. After completing registration, you can directly log into your account and use the website.

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. Placker B.V. 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 Placker B.V. that someone else knows your password.

1.4. Your login may only be used by one person; it is not permitted to share a single login with multiple people, this will require multiple individual accounts.

1.5. You must be accessing the website using the clients that we provide, any ways to automate or script part of the website or use clients that are not released by us is not permitted.

1.6. Placker.com processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult our Privacy policy of Placker B.V. for more information.

Article 2. Terms of use

2.1. It is not permitted to use Placker.com 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 Placker B.V. discover that you violate any of the above, or receive a complaint alleging the same, then Placker B.V. may intervene to end the violation.

2.3. If in the opinion of Placker B.V. the continued functioning of the computer systems or network of Placker B.V. 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, Placker B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.4. Placker B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.

2.5. Placker B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Placker B.V. from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability, maintenance and changes to the service

3.1. Placker B.V. uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

3.2. Placker B.V. actively maintains Placker.com. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is planned and announced in advance whenever possible.

3.3. Placker B.V. may from time to time adapt Placker.com. Your feedback and suggestions are welcome but ultimately Placker B.V. decides which adaptations to carry out (or not).

3.4. Placker B.V. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

3.5. Placker B.V. may also, in the future, offer new services or features through the Website (including, the release of new tools and resources). Such new features or services shall be subject to the terms and conditions of this Agreement.

3.6. Placker B.V. shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Article 4. Support

4.1. Placker B.V. uses its best efforts to provide support and is generally available on weekdays during CET business hours (9:00 AM - 17:00 PM), support is available in the chat on the website for all plans. E-mail and video call support is available for members on the enterprise plan.

4.2. Support requests by customer subscribed to the enterprise packages will be handled with a higher priority. In case a support engineer picks up a new ticket, tickets from enterprise plans will be picked up first.

4.3. Placker B.V., cannot guarantee a service level or minimum response or resolution time for any of its support tickets. We aim to keep our extremely responsive support system in place as we grow.

4.4. Limitation of liability described in these terms also apply to support requests, Placker B.V. shall have no liability for any failure or delay in responding to a response request.

Article 5. Intellectual property

5.1. The service Placker.com, the accompanying software as well as all information and images on the website is the intellectual property of Placker B.V.. None of these items may be copied or used without prior written permission of Placker B.V., except and to the extent permitted by mandatory law.

5.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Placker B.V. 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.

5.3. If you send information to Placker B.V., related to the Placker product, for example a bug report or suggestion for improvement, you grant Placker B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information that is clearly not related to Palcker or that you expressly mark as confidential.

5.4. Placker B.V. shall refrain from accessing data you store or transfer using Placker.com, unless this is necessary for a good provision of the service or Placker B.V. is forced to do so by law or order of competent authority. In these cases Placker B.V. shall use its best efforts to limit access to the information as much as possible.

5.5. You must be accessing the website using the clients that we provide, any ways to automate or script part of the website or use clients that are not released by us is not permitted.

5.6. Placker.com processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult our Privacy policy of Placker B.V. for more information.

Article 6. Non disclosure of your information

6.1. When you store information in Placker you will be able to disclose this information to your team members or publicly based on the member settings of your boards on the website.

6.2. Placker B.V. will not disclose any information that is not shared publicly to third parties, unless this is required for a good provision of the service (e.g. maintenance or support activities) or by law. Additional non disclosure agreements between Placker B.V. and these third parties will be effective in such event to protect your data.

6.3. Placker B.V. will not access or use your non-public information directly or indirectly unless this is required for a good provision of the service.

6.4. Placker B.V. will limit the access to your non-public information only to Placker personnel on a need to access basis.

6.5. Placker B.V. will not not disclose non-public information for non maintenance or support activities to any person, organisation or entity without your written consent.

6.6. You can delete your information from the Website at any moment, information will be stored in our backups for 30 days after which it will be deleted permanently.

Article 7. Compensation for the service

7.1. The service is offered with a free trial. Once the trial period is ended, you will only be able to access content on the Service with a valid subscription.

7.2. If you fail to subscribe and pay for the Service, we will delete your data that is not covered by a subscription from the Service. All data will be kept in our backups and logs for 30 days after which it is permanently deleted. Data cannot be recovered once it has been permanently deleted.

7.3. The subscription fee is due every month or year (or agreed otherwise), the fee must be paid in advanced.

7.4. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

7.5. Payment is possible by creditcard or by PayPal on all plans or by bank transfer on the enterprise plan (when paid annually in blocks of 5 members, or agreed otherwise).

7.6. Subscription payments and subsequent payments will be charged from the payment method provided when you subscribed to the service. It is your responsibility to ensure that your payment details are accurate and kept up to date.

7.7. If at any time the payment is not made, Placker B.V. reserves the right to terminate the Service until the payment is received, and/or delete your data when we don't receive the payment.

7.7. If at any time the payment is not made, Placker B.V. reserves the right to terminate the Service until the payment is received, and/or delete your data when we don't receive the payment.

7.9. The subscription is based on the number of users in Placker, you can manage the number of subscribe users and up or downgrade your plan at any time on the subscription page in Placker.

7.10. For monthly plans, when new members join Placker that are not part of your subscription, they will be added to your subscription as active users automatically and included in the next billing period. (thus increasing the price)

7.11. For yearly plans, when new members join Placker that are not part of your subscription, they will be added to your subscription as pending users automatically and will not get access to Placker, you will need to add these users to your subscription yourself. When you do, we will charge you for these users for the remaining billing period and the price per member of your plan.

7.12. Downgrading your subscription may cause the loss of features or capacity. Placker B.V. does not accept any liability for such loss.

Article 8. Term and termination

8.1. This agreement enters into force as soon as you first use the service and then remains in force for the duration of your subscription with a minimum duration of one month.

8.2. 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 from the subscription page in Placker.

8.3. You can export the information that you imported or added in Placker through the export functionality in the app.

8.4. Placker B.V., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your subscription or your access to your subscription, and the forfeiture and relinquishment of all content in your subscription.

8.5. Placker B.V. shall be entitled to terminate the Service immediately without any liability to you as part of a general shut down of the Service

Article 9. Limitation of liability

9.1. Except in case of intentional misconduct or gross negligence the liability of Placker B.V. shall be limited to the amount paid by you for one (1) monthly subscription term.

9.2. Placker B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

9.3. Damages may only be claimed if reported in writing to Placker B.V. at most two months after discovery.

9.4. In case of force majeure Placker B.V. 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 10. Disclaimer of warranty

10.1. The Website is provided “as is”. Placker B.V. and its suppliers and licensor hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

10.2. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10.3. Placker B.V. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

10.4. Placker B.V. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

10.5. Placker B.V. makes no warrant, express or implied, with regard to the services provided, all such warranties are hereby excluded by Placker B.V. and waived by the client.

Article 11. Indemnification

11.1. You agree to indemnify and hold harmless Placker B.V., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Agreement, including but not limited to your violation of this Agreement.

Article 12. Changes to terms

12.1. Placker B.V. may change or add to these terms and conditions as well as any prices at any time.

12.2. Placker B.V. shall announce through the service changes or additions before or when they take effect.

12.3. 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 Placker.com after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 13. Responsibility of Website visitors

13.1. Placker B.V. has not reviewed, and cannot review, all of the material, posted to the Website, and cannot, therefore be responsible for that material’s content, use or effects.

13.2. By operating the Website, Placker B.V. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

13.3. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

13.4. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

13.5. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

13.6. By linking to a non-Placker B.V. website or webpage, Placker B.V. does not represent or imply that it endorses such website or webpage.

13.7. Placker B.V. disclaims any responsibility for any harm resulting from the use by visitors of the Website or use of non-Placker B.V. websites and webpages.

Article 14. Miscellaneous provisions

14.1. 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 Placker.com 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.

14.2. The version of any communication of information as recorded by Placker B.V. shall be deemed to be authentic, unless you supply proof to the contrary.

14.3. 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.

14.4. Placker B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Placker.com or the associated business activities.

14.5. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. We can take action before prior notice in cases where the level of use may negatively impact the performance of the Service for other customers.

Article 15. Governing law

15.1. Dutch law applies to this agreement.

15.2. Each party irrevocably agrees on that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement.

15.3. All disputes arising in connection with Placker.com shall be brought before the competent Dutch court for the principal place of business of Placker B.V..

15.4. The parties will engage in good faith negotiations to resolve the dispute for ten (10) business days after written notice of the dispute or issue is provided by one party to the other. Within such ten (10) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via video conference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such ten (10) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise.

15.4. Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, which has not been resolved via the process laid out in Dispute resolution will then be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Utrecht or Amsterdam, The Netherlands. The arbitral procedure shall be conducted in the English language. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.