General terms and conditions

The present terms and conditions apply to the License Agreement between the Supplier and Licensee with respect to the AppyBee. The terms marked with an initial capital letter in these Terms — including the considerations — have the meaning assigned to them in this article 1.

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Art. 1

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Temporary License: limited, non-exclusive rights to use the Software. These rights of use are granted by the Supplier to the Licensee against payment of a periodic fee.
Error: a defect in the Software that results in the Software not functioning in accordance with the Specifications or otherwise failure of the Software to comply with the Terms.
Interoperability: the ability of the Software to exchange information with other components of a computer system and/or computer software and to communicate through this information.
Terms: these Terms including Attachments.
License fee: the fee that Licensee must pay to the Supplier for the temporary use of the Software.
New Version: a subsequent version of the Software with mostly new or modified functionalities, whether or not released under a different name.
Maintenance Agreement: an agreement between the parties regarding the repair of Errors, the provision of a help desk facility and/or the provision of Updates that, if a maintenance agreement is agreed.
Software: the AppyBee intended for making reservations, maintaining customer satisfaction and loyalty;
Update (s): a new release of the Software, in which errors known to date have been removed and/or a limited improvement or extension of the existing functionality (s) has occurred.
Written: The term “Written” also includes by email, fax, or other electronic medium.
Specifications: the specified requirements that the Software must meet.
Customers: users of Licensee's services
Trial period: the period during which the Licensee may use the Software with the consent of the Supplier without being liable for payment.

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Art. 2 Start and duration of the agreement

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The agreement takes effect as soon as the Entrepreneur has made the first payment.
The agreement between AppyBee and the Entrepreneur is entered into for at least one year with a notice period of one month. In the absence of cancellation, the agreement will be extended and can be terminated monthly.
It is possible to upgrade your package in the meantime and/or purchase additional modules. Each upgrade is for a period of at least one year
Consumers can create an account or profile for an indefinite period
Changes or changes to the offer and/or the agreement must be confirmed in writing or by email.
The duration of accounts and profiles cannot be changed, terminated or canceled in the meantime
Under no circumstances will there be a refund of amounts already paid.
AppyBee reserves the right to terminate the agreement (with immediate effect) or to suspend its obligations if the Entrepreneur fails to fulfill his obligations and does not remedy this default within five working days
However, this notice period and extension depend on the terms of the final contract signed with the Entrepreneur.

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Art. 3 termination of the License Agreement and Probation Period

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The License Agreement ends only if and insofar as termination occurs in accordance with the provisions of this article 3. Without prejudice to the grounds and method of termination in articles 3.2 and 3.3, a party is entitled to terminate the License Agreement by termination if and to the extent that it is entitled to do so by law. Termination leads to the consequences that the law attaches to it.
A party is also entitled to terminate the License Agreement in whole or in part with immediate effect, without any obligation to pay compensation for any damage suffered by that party, if any of the following circumstances occur:
- the other party's bankruptcy is filed;
- the other party is declared bankrupt;
- the other party is granted a suspension of payment (whether or not provisional);
- the other party's business is terminated or transferred wholly or partially to a third party.
The License Agreement can be terminated in writing at any time with one month's notice.
After the duration of the trial period, the License Agreement will be automatically renewed for an indefinite period, with the option to cancel the License Agreement monthly, unless the Licensee informs the Supplier by email within 7 days before the end of the trial period that he does not want to use the Software after the trial period.
If the License Agreement ends for any reason, Licensee undertakes to stop using the Software and return (all copies of) the Software and documentation related to the Software to Supplier without delay.
All payments and adjustments are subject to the terms of the final contract.

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Art. 4 Remuneration and payment

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All invoices must be paid within 14 days of the invoice date.
Taxes, levies and other additional costs due on the License Fee are included in the License Fee.
If Licensee does not pay the amounts due within the agreed terms, Licensee will owe the Supplier the statutory commercial interest on the outstanding amount after the Licensee becomes in default.
Insofar as the parties have agreed on a trial period at the start of the agreement, the Licensee does not owe any compensation for the use of the Software. After the trial period, the Licensee will owe the fee as agreed in the license agreement.
AppyBee reserves the right to adjust the License Fee during the term of the agreement. If there is a price adjustment, you will be notified by email at least 30 days in advance. It is not possible to terminate the agreement due to a price increase. If you continue to use the services after notice, you are deemed to agree to the price adjustment.
In the event of a failed collection, AppyBee reserves the right to deduct the outstanding subscription fees directly from the Licensee's Payment Service Provider (PSP) account. In addition, upon termination of the subscription, AppyBee is entitled to deduct the costs for the remaining subscription months from the Licensee's PSP account, up to a maximum of five months.

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Art. 5 Terms of Use

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Licensee and its Customers are allowed to load, view, execute or store the Software on the Computer Configuration, insofar as this corresponds to the use intended with the Software.
Licensee is entitled to maintain or make backup copies of the Software for temporary use or security.
The Temporary License has the following restrictions: Licensee is not allowed to use the Software and documentation to third parties or use them for third parties, except for the use of the Software by Licensee's Customers
- Licensee is not allowed to change or modify the Software and documentation.
- Licensee is not allowed to reconstruct the source code of the Software by reverse engineering. If Licensee needs information to achieve Interoperability of the Software with the Licensee's own or third party's computer software, Licensee will request the Supplier for the necessary information in writing and with reasons. The Supplier will then inform Licensee within a reasonable period of time whether Licensee can obtain the requested information and the conditions under which it is provided.
- Licensee is not allowed to remove any references to copyrights, brands, trade names or other (intellectual) property rights from the Software and/or documentation.
Supplier is entitled to investigate whether Licensee uses the Software in a manner that complies with the terms of the Terms. Licensee undertakes to cooperate in such an audit. The Supplier bears both its own costs and the Licensee's costs associated with such an audit.
After the conclusion of the License Agreement, the Supplier will make one AppyBee application dedicated to Licensee available to it, in the Google Playstore and iTunes Store, for its customers, under the following conditions:
1. Licensor will make the AppyBee available in the Google Playstore and iTunes Store to consumers under the (trade) name, brand and logo of Licensee.
2. Licensee grants the Supplier the right to use the name, logo and other signs related to the licensee's trade name or brand for the purpose of this agreement for the duration of this agreement. The use will involve the Supplier using the Licensee's name, logo and brand in the application developed for Licensee in order to make the Software available to the consumer under the Licensee's name.

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Art. 6 Warranty

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The Supplier guarantees that the Software will function in accordance with the Specifications for 6 months after its provision.
During the warranty period, Licensee has the right to repair Errors free of charge. Recovery can also take place by means of a problem-avoiding restriction or by providing an Update. Recovery will take place as soon as possible.
The warranty in article 6.1 expires if and insofar as Supplier demonstrates that the relevant Errors were caused by error repair, maintenance or changes carried out by or on behalf of Licensee.

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Art. 7 Transfer

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Parties are not allowed to transfer the rights and obligations under the License Agreement to a third party without the other party's prior written consent. The party that is asked for consent is entitled to attach conditions to the granting of consent.

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Art. 8 Intellectual Property Rights

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The intellectual property rights relating to the Software and documentation are owned by the Supplier or its licensor (s).
The Supplier indemnifies Licensee in legal proceedings brought against the Licensee by third parties against all claims based on the claim that the use of the Software and/or Documentation infringes the intellectual property rights belonging to that third party, unless:
- Licensee fails to notify Supplier of the claim immediately in writing; or
- the relevant third-party claims are caused by changes to the Software made by Licensee or third parties engaged by him; or
- the relevant third-party claims are caused by the use of the Software and/or Documentation in a way that is otherwise contrary to the terms of these Terms.
The indemnification referred to in article 8.2 only applies if Licensee leaves the handling of the matter, including the conduct of settlement negotiations, to the Supplier and provides the necessary cooperation to the Supplier upon request.
Licensee declares that if a claim as referred to in article 8.2 is brought, he agrees that Supplier, at its option:
- will (have) changed the Software and/or documentation in such a way that they no longer infringe;
- will replace the Software and/or documentation with a functionally equivalent product;
- cancels the Terms and pays a fee to Licensee in the amount of the full License Fee.

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Art. 9 Maintenance

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Licensee has the right to enter into a maintenance agreement for the Software with the Supplier. In the maintenance agreement, the parties will lay down their agreements about the support to be provided by the Supplier to Licensee when using the Software. It also specifies the service levels for the maintenance to be carried out. After signing, the Maintenance Agreement also becomes an integral part of the (content of the) Terms.

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Art. 10 Liability and penalty

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Insofar as Licensee fails to comply with one of the provisions of the License Agreement and these terms and/or commits an unlawful act against the Supplier, Licensee is liable for compensation for the damage suffered and/or suffered by the Supplier.

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Art. 11 Confidentiality

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The parties will do everything in their power to prevent the other party's confidential information from coming into the knowledge or hands of third parties. This does not apply if the disclosing party demonstrates that certain information is already publicly known, other than as a result of a breach of this confidentiality obligation or if a party is forced to disclose confidential information by a competent (judicial) authority.
Supplier is not allowed to mention the fact that Licensee is one of its clients in advertisements, advertisements or otherwise as part of its marketing activities, unless Licensee's prior Written consent.

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Art. 12 Other provisions

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By their nature, articles 8 (Intellectual Property), 10 (Liability), 11 (Confidentiality) 13 (Dispute Resolution) and 14 (Applicable Law) will continue to apply after termination of the License Agreement.
The terms and conditions of Licensee or any suppliers do not apply.
If one or more of these provisions in these terms and conditions are invalid, contrary to law or unenforceable, this does not affect the validity of the other provisions. The parties will negotiate in good consultation a new provision to replace the invalid or unenforceable provision, which follows the purport of the invalid or unenforceable provision as much as possible.
The general terms and conditions notices that the parties will make to each other under the terms and conditions will be made in Writing. From Licensee or any suppliers do not apply.
Any verbal commitments and agreements have no effect unless confirmed in Writing by a party.
A party's failure to exercise any right or remedy does not constitute a waiver of that right or remedy.
By using the Software, the Licensee agrees to these terms and conditions.
By providing his email address, the Licensee agrees that the Licensor may send him offers and advertisements targeted to that address.
The provisions of these general terms and conditions also apply to the trial period. To the extent that the term of the License Agreement is extended after the trial period, these terms will continue to apply to the License Agreement.

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Art. 13 Dispute Resolution

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The court of the District of The Hague, the Netherlands, has exclusive jurisdiction over any dispute between the parties related to these Terms.

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Art. 14 Applicable law

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These Terms are governed by Dutch law.

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