Terms and conditions for MyPalmSens

The service “MyPalmSens” is offered over the internet in the form of Software-as-a-Service by the company PalmSens BV. The use of MyPalmSens is subject to the below terms and conditions. Using MyPalmSens constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by PalmSens BV.

  1. Use of the service
    1. The service MyPalmSens allows you to create backups of measurement data and related information. Backups are personal to you. It is expressly forbidden to let others access your account or backup copies accessible through your account. 
    2. To use MyPalmSens, you first need to register. After completing registration, you can directly log into your account and use the service.
    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. PalmSens BV 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 PalmSens BV that someone else knows your password.
  2. Terms of use
    1. It is not permitted to use MyPalmSens 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. In particular it is not permitted to use MyPalmSens for storage of files in violation of applicable copyright law, or to allow others than yourself to access the files stored using the service. In case of a corporate account the latter restriction does not apply to colleagues. 
    3. Should PalmSens BV discover that you violate any of the above, or receive a complaint alleging the same, then PalmSens BV may intervene to end the violation.  
    4. If in the opinion of PalmSens BV the continued functioning of the computer systems or network of PalmSens BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of email or other data, leaks of personal data or virus activity, PalmSens BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
    5. PalmSens BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.  
    6. PalmSens BV may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless PalmSens BV from all third-party claims arising out of your violation of these terms of use.
  3. Availability and maintenance
    1. PalmSens BV makes no promises regarding availability of the service.  
    2. PalmSens BV actively maintains MyPalmSens. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.  
    3. PalmSens BV may from time to time adapt MyPalmSens. Your feedback and suggestions are welcome but ultimately PalmSens BV decides which adaptations to carry out (or not).
  4. Intellectual property
    1. The service MyPalmSens, the accompanying software as well as all information and images on the website is the intellectual property of PalmSens BV. None of these items may be copied or used without prior written permission of PalmSens BV, except and to the extent permitted by mandatory law.
    2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). PalmSens BV 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.
    3. If you send information to PalmSens BV, for example a bug report or suggestion for improvement, you grant PalmSens BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
    4. PalmSens BV shall refrain from accessing data you store or transfer using MyPalmSens, unless this is necessary for a good provision of the service or PalmSens BV is forced to do so by law or order of competent authority. In these cases PalmSens BV shall use its best efforts to limit access to the information as much as possible.
  5. Compensation for the service
    1. MyPalmSens is offered with limited functionality at no charge. Extra functionality and storage space is available in the form of a paid subscription.
  6. Limitation of liability
    1. PalmSens BV shall not be liable for the use of the service or any damages in connection therewith. 
    2. PalmSens BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
  7. Term and termination
    1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
    2. If you entered into this agreement as a consumer, you may 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 with a notice period of two months.
    3. PalmSens BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event PalmSens BV shall first send a reminder mail to the email address connected to your account. 
    4. Please note: it is not possible to export data you store or process using the service.
  8. Changes to terms
    1. PalmSens BV may change or add to these terms and conditions as well as any prices at any time.
    2. PalmSens BV shall announce through the service changes or additions at least thirty days before their taking effect.  
    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 MyPalmSens after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
  9. Miscellaneous provisions
    1. Dutch law applies to this agreement.
    2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with MyPalmSens shall be brought before the competent Dutch court for the principal place of business of PalmSens BV.
    3. 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 email or communication through the MyPalmSens 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.
    4. The version of any communication of information as recorded by PalmSens BV shall be deemed to be authentic, unless you supply proof to the contrary.
    5. 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.
    6. PalmSens BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of MyPalmSens or the associated business activities.
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