1. Scope and application
These Terms and Conditions shall apply in addition to and in parallel with Nurtio’s “General Terms and Conditions of Sale” which apply in case of a sale of Products from Nurtio to a Buyer unless mandatory legislation stipulates otherwise.
See also Nurtio’s “Privacy Notice”.
2. The Services
Nurtio offers certain services (the “Services”) relating to the processing of various data recorded by and/or transmitted via the Products (the “Data”). These Services include, but are not limited to:
software for reporting and analysis which allows the User to make use of the Data (the “Back office”);
software application which may be downloaded to a computer or a mobile device for monitoring, analysis, and reporting of Data (the “App”); and
storage of Data on servers hosted by Nurtio or a third party (the “Cloud Services”).
The Services are provided “as is” and may be amended or modified by Nurtio from time to time, without giving prior notice to the User. Nurtio may also, at any time and at its own discretion, discontinue to offer the Services without giving prior notice to the User. The User shall not be entitled to claim any form of compensation, reimbursement, direct or indirect losses, or damages from Nurtio in case of discontinuation or termination of the Services.
The billing is done on a monthly or annual basis, depending on the type of pricing plan (“Plan”) the Buyer has chosen, and automatically extends to the next billing cycle, unless the Buyer informs Nurtio about cancellation otherwise. The cancellation notice should be sent by the Buyer to Nurtio to the email firstname.lastname@example.org at least 30 calendar days before the beginning of the next billing cycle.
The billing cycle starts on the day of the activation of the first sensor by the Buyer unless the parties agree otherwise in writing.
The billing is done either by direct debit/credit card payment or via the invoice. In case of billing via invoice, the Buyer shall be invoiced by Nurtio at least 14 days before the end of their billing cycle and the invoice should be payable within 14 days from the date of the invoice issued.
In case of multiple orders/work orders from the same customer that would have a different billing cycle, every new order would recalculate the amount payable in the next billing cycle.
In case the new payment is not received before the end of the current billing cycle, Nurtio reserves the right to temporarily suspend access to the Services for the Buyer until the missed payment is received.
4. The limitation of use of the Services
Nurtio reserves the right to limit the usage of Services based on the various Plans. If such limitations would exist, the Plans will explicitly describe such limitations.
5. Intellectual property rights relating to the Services and Data
The User’s access to and use of the Services shall not imply any transfer or licensing of any intellectual property rights from Nurtio to the User, or vice versa unless otherwise is stipulated in these Terms and Conditions.
The User shall comply with any applicable intellectual property rights and/or restrictions related to the Data and/or the Services, including proprietary content or information which the User may access through the Services.
The User is not entitled to use, copy, reproduce, modify, publish, distribute, license, sell or otherwise exploit for any purpose any Data or other information related to the Services which is not owned by or originating from, the User itself.
Nurtio owns the Services and neither the User nor any third party may modify, transmit, transfer, sell, reproduce or create derivative works based on, or otherwise exploit, any of the Services in any other manner than described in these Terms and Conditions.
5. Limitation of liability
5.1. General limitation of liability – no representations, warranties or liability for the functionality or use of the Services
Nurtio does not make any representations or warranties in relation to the functionality or use of the Services – neither express, implied, statutory, or otherwise – including but not limited to representations and warranties relating to the accuracy of Data, merchantability, fitness for a particular use and/or non-infringement of intellectual property rights.
Nurtio shall not in any event have any liability towards the User or any third party related to the functionality or use of the Services, not even in case of incorrect Data or malfunctioning Services.
Nurtio shall not, irrespective of its conduct, be liable for any lost profits or savings, loss of reputation or goodwill, claims of third parties, or any indirect, incidental, punitive, special, or consequential damages, whether based on these Terms and Conditions, other contracts, applicable law or otherwise, or for any other indirect or consequential losses, expenses or damages incurred by the User or any third party related to the functionality or use of the Services.
Nurtio shall in no event, irrespective of its conduct, be liable towards the User or any third party for any costs, direct losses, or consequential damages relating to the Products, the User’s or third party’s other equipment, property, or personnel, not even if such loss or damage is caused by or related to the use of incorrect Data, malfunctioning Services or defective Products.
5.2 No liability for Loss of Data etc.
Nurtio shall in no event be liable towards the User or any third party for any costs, direct losses, or consequential damages caused by or related to the deletion, destruction, damage, or loss of any of the User’s or third party’s Data (“Loss of Data”), irrespective of whether the Loss of Data in question is attributable to Nurtio’ conduct, defects, technical issues relating to the Cloud Services or any other of the Services, the Products or any other cause.
6. Transfer of the rights regarding the Services
If the Buyer wants to transfer the Data to any other customer (f.e. In case of the change of the contractor at a service site), this can be arranged by Nurtio on a case-by-case basis. To inquire about such a transfer the Buyer has to send their request to email@example.com and Nurtio will review and reply to this request in reasonable terms.
In case of the transfer of a large amount of data between the separate customer accounts, additional costs may be incurred, but those will be communicated by Nurtio to the Buyer prior to such transfer.
Nurtio reserves the right to transfer its rights and obligations to a third company (f.e. in case of the merger or acquisition of Nurtio Technologies or its subsidiaries).
Nurtio also reserves the right to sell or transfer the revenue rights to third parties (f.e. a debt collection company or an alternative financing institution).
7. Governing law and dispute resolution
These Terms and Conditions Services shall be governed by the law of the Netherlands.