Please read these Terms and Conditions (“Terms”) carefully before using the Primni SaaS platform (“Service”), operated by Amslin, Chamber of Commerce number 67909361 (“Primni”, “we”, “us”, or “our”).
By accessing or using the Service, you agree to these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.
- Definitions
- Service: The Primni SaaS platform, including all functionalities, software, data, documentation, and services offered by Primni.
- User: Any natural or legal person who accesses or uses the Service.
- Subscription: The agreed period for which the User has access to the Service, for which a periodic fee is due.
- Content: All data, information, images, text, software, or other materials uploaded, generated, or processed by the User via the Service, or provided by the Service to the User.
- Intellectual Property Rights: All intellectual property rights and related rights, such as copyrights, trademark rights, database rights, trade name rights, patent rights, design rights, and know-how rights.
- Access and Use of the Service
2.1. Primni grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for the duration of your Subscription, in accordance with these Terms.
2.2. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Primni immediately of any unauthorized use of your account or any other breach of security.
2.3. You agree to use the Service only for lawful purposes and in a way that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party.
2.4. You are not permitted to:
a. Use the Service in any manner that could damage, disable, overburden, or impair the functionality of the Service.
b. Obtain unauthorized access to any part of the Service, accounts, computer systems, or networks connected to the Service through hacking, password mining, or other means.
c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
d. Use the Service for sending unsolicited commercial communication (spam).
e. Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, offensive, hateful, or discriminatory.
f. Use the Service in a way that violates the privacy rights of others.
2.5. Primni reserves the right to refuse, limit, suspend, or terminate access to the Service or specific functionalities, without prior notice, to Users who violate these Terms or engage in conduct that Primni deems harmful to the Service or other Users. - Subscriptions and Payments
3.1. Access to the Service requires a valid and paid Subscription. The specific details of your Subscription, including the price, duration, and included functionalities, are set out on Primni’s website or in a separate agreement.
3.2. All subscription fees are due on the agreed dates and must be paid via the payment methods offered by Primni.
3.3. Unless otherwise stated, all prices are exclusive of value-added tax (VAT) and other government levies.
3.4. Subscriptions are automatically renewed at the end of the subscription period, unless the User cancels the Subscription in accordance with the cancellation period and procedure stated on Primni’s website.
3.5. Primni reserves the right to change the prices for the Service at any time, provided that this is communicated to the User in a timely manner. Price changes will take effect upon the next renewal of the Subscription.
3.6. In the event of late payment, Primni is entitled to suspend access to the Service until full payment has been received. Primni is not liable for any damage resulting from such suspension. - Intellectual Property Rights
4.1. All Intellectual Property Rights relating to the Service, including but not limited to the software, layout, design, code, and all Content provided by Primni, vest exclusively in Primni or its licensors. Nothing in these Terms is intended to transfer any Intellectual Property Rights to the User.
4.2. You acknowledge and agree that you will not make any modifications, adaptations, reproductions, or derivative works of the Service without the prior written consent of Primni.
4.3. The Intellectual Property Rights to the Content uploaded or generated by the User via the Service vest in the User. You grant Primni a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and process this Content insofar as necessary for the provision and improvement of the Service.
4.4. You warrant that the Content you upload does not infringe on the Intellectual Property Rights or other rights of third parties and is free of viruses, worms, or other harmful code. You fully indemnify Primni for all third-party claims arising from infringement of Intellectual Property Rights or other rights by your Content. - Privacy and Data Processing
5.1. Primni processes personal data in accordance with its Privacy Policy, which is available on Primni’s website. We strongly recommend that you read this Privacy Policy to understand how we collect, use, and protect your data.
5.2. If you process personal data via the Service for which you are the data controller, Primni will act as the processor. In that case, a separate data processing agreement applies, which you can request from Primni. - Disclaimer and Limitation of Liability
6.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. PRIMNI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
6.2. The insights and data provided through the Service are based on publicly available market data and algorithms. PRIMNI DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY, OR CURRENCY OF THIS DATA AND IS NOT RESPONSIBLE FOR DECISIONS YOU MAKE BASED ON THESE INSIGHTS. You are solely responsible for interpreting and validating the information obtained and for the consequences of the actions you take based on it.
6.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMNI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, EVEN IF PRIMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE USE OF THE SERVICE SHALL, REGARDLESS OF THE LEGAL BASIS, IN NO EVENT EXCEED THE AMOUNT YOU PAID TO PRIMNI FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR € 100 IF NO PAYMENT HAS BEEN MADE, WHICHEVER IS LOWER.
6.5. This limitation of liability does not apply in cases of intent or deliberate recklessness on the part of Primni or its management.
6.6. You agree to indemnify and hold Primni and its affiliates, directors, officers, employees, and agents harmless from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party right. - Service Availability and Maintenance
7.1. Primni strives to make the Service available as much as possible but does not guarantee uninterrupted or error-free availability.
7.2. Primni is entitled to (temporarily) decommission the Service or restrict its use for necessary maintenance, updates, or improvements. Primni will endeavor to carry out such interruptions as much as possible outside normal office hours and to inform the User thereof in a timely manner, unless this is not reasonably possible. - Changes to the Terms
8.1. Primni reserves the right to modify these Terms at any time. If we change the Terms, we will update the “Last updated” date at the top of these Terms.
8.2. Changes will take effect as soon as they are posted on Primni’s website. We will make reasonable efforts to notify you of material changes, for example, via email or a notification on the Service.
8.3. Your continued use of the Service after the posting of the modified Terms signifies your acceptance of the changes and your agreement to be bound by the modified Terms. If you do not agree with the modified Terms, you must stop using the Service. - Termination
9.1. You can cancel your Subscription according to the procedure described on Primni’s website. Upon cancellation, you remain responsible for the payment of any outstanding amounts.
9.2. Primni may immediately terminate or suspend your access to the Service, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.
9.3. Upon termination of your Subscription or access to the Service, for any reason whatsoever, your right to use the Service immediately ceases. Provisions that by their nature survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in effect.
9.4. After termination, Primni will delete the User’s Content in accordance with its data management policy. - Miscellaneous Provisions
10.1. Applicable Law and Dispute Resolution: These Terms and any dispute arising out of or related to these Terms or the Service shall be governed exclusively by Dutch law. Any disputes shall be submitted exclusively to the competent court in [Court location, e.g., Amsterdam].
10.2. Severability: If any provision of these Terms is deemed invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these Terms.
10.3. Entire Agreement: These Terms, together with the Privacy Policy and any specific subscription terms, constitute the entire agreement between you and Primni regarding the use of the Service and supersede all prior oral or written agreements.
10.4. No Waiver: Primni’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
10.5. Assignment: You may not assign or delegate your rights or obligations under these Terms without Primni’s prior written consent. Primni may freely assign or delegate its rights and obligations under these Terms.