Terms and conditions for FEM Data Streamliner SaaS.

The service “FEM Data Post-Processing Software”is offered over the internet in the form of Software-as-a-Service by the company FEM Data Streamliner B.V. The use of FEM Data Post-Processing Software is subject to the below terms and conditions. Using FEM Data Post-Processing Software constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by FEM Data Streamliner B.V.

Article 1. Use of the service

1.1	The service FEM Data Post-Processing Software is offered for the purpose of office automation within your company, using the tools available from FEM Data Streamliner BV. You choose yourself how to employ the tools and for which specific purposes.
1.2	To use FEM Data Post-Processing Software, you first need to register. After completing registration, FEM Data Streamliner will verify whether your application is to be approved or not. You will be notified about the decision.
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. FEM Data Streamliner 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 FEM Data Streamliner that someone else knows your password.
1.4	FEM Data Post-Processing Software allows you to process personal data. FEM Data Streamliner acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless FEM Data Streamliner against all claims by third parties in connection with this Act.

Article 2. Terms of use

2.1	It is not permitted to use FEM Data Post-Processing Software 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	In particular it is not permitted to use FEM Data Post-Processing Software in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or the excessively often accessing the service.
2.3	Should FEM Data Streamliner discover that you violate any of the above, or receive a complaint alleging the same, then FEM Data Streamliner may intervene to end the violation.
2.4	If in the opinion of FEM Data Streamliner the continued functioning of the computer systems or network of FEM Data Streamliner 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, FEM Data Streamliner may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5	FEM Data Streamliner is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6	FEM Data Streamliner may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless FEM Data Streamliner from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1	FEM Data Streamliner uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2	FEM Data Streamliner actively maintains FEM Data Post-Processing Software. In case maintenance is reasonably expected to negatively impact availability, FEM Data Streamliner shall carry out such maintenance at night (between 23:00 and 07:00 local time). Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3	FEM Data Streamliner may from time to time adapt FEM Data Post-Processing Software. Your feedback and suggestions are welcome but ultimately FEM Data Streamliner decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1	The service FEM Data Post-Processing Software, the accompanying software as well as all information and images on the website is the intellectual property of FEM Data Streamliner. None of these items may be copied or used without prior written permission of FEM Data Streamliner, except and to the extent permitted by mandatory law.
4.2	Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). FEM Data Streamliner 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.
4.3	If you send information to FEM Data Streamliner, for example a bug report or suggestion for improvement, you grant FEM Data Streamliner a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4	FEM Data Streamliner shall refrain from accessing data you store or transfer using FEM Data Post-Processing Software, unless this is necessary for a good provision of the service or FEM Data Streamliner is forced to do so by law or order of competent authority. In these cases FEM Data Streamliner shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1	The use of FEM Data Post-Processing Software can only be used when the annual fee is paid upon licensing the software or when the monthly fee is paid in advance.
5.2	Payment is possible through direct debit order or as explained further on the website.
5.3	Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1	Except in case of intentional misconduct or gross negligence the liability of FEM Data Streamliner shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2	FEM Data Streamliner in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3	Damages may only be claimed if reported in writing to FEM Data Streamliner at most two months after discovery.
6.4	In case of force majeure FEM Data Streamliner 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 7. Term and termination

7.1	This agreement enters into force as soon as your subscription starts and then remains in force for a 2 year period, except as agreed otherwise..
7.2	After this period the agreement is silently renewed with successive terms of 1 year 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 with a notice period of two months.
7.3	FEM Data Streamliner is entitled to terminate the agreement if you have not used the service at all in the last 12 months. In such an event FEM Data Streamliner shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1	FEM Data Streamliner may change or add to these terms and conditions as well as any prices at any time.
8.2	FEM Data Streamliner shall announce through the service changes or additions at least thirty days before their taking effect.
8.3	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 FEM Data Post-Processing Software after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1	Dutch law applies to this agreement.
9.2	Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with FEM Data Post-Processing Software shall be brought before the competent Dutch court for the principal place of business of FEM Data Streamliner.
9.3	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 e-mail or communication through the FEM Data Post-Processing Software 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.
9.4	The version of any communication of information as recorded by FEM Data Streamliner shall be deemed to be authentic, unless you supply proof to the contrary.
9.5	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.
9.6	FEM Data Streamliner is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of FEM Data Post-Processing Software or the associated business activities.