All capitalized definitions in these Terms and Conditions, both plural and singular, are defined as indicated in this article.

License Key: Customer’s access, accompanied by a download link, provided by PVA Tool through which the Software can be used.

Agreement: The legally binding agreement between PVA Tool and Customer under which PVA Tool provides access to the Software, and of which these Terms and Conditions form an integral part.

Customer: A natural person or legal entity that concludes an Agreement with PVA Tool in order to use the Software.

Intellectual Property Rights: (a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and serve marks, copyrights, database rights, know-how, rights in designs, and inventions; (b) rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph (a); (c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and (d) the right to sue for past infringements of any of the foregoing rights.

Parties: Customer and PVA Tool, jointly (plural) or separately (singular).

Services: Any service offered by PVA Tool, including, but not limited to, the provision of the Software to facilitate account generation and forwarding features and the use and support of proxies.

Software: The tools and services created by PVA Tool that can be used for (email) account generation and (email) forwarding.

Terms and Conditions: These general terms and conditions, which form an integral part of each Agreement between the Parties.

Website: The website of the Software, accessible via https://pvatool.com or any of its subdomains.

The prices for the use of the Software are stated on the Website. These are monthly or yearly recurring payments, as selected by the Customer, that will be entered into on a subscription base. At its sole and absolute discretion, PVA Tool may also offer lifetime licenses, which may require a one-time payment. After PVA Tool has received the required payment for use of the License Key, it will grant the corresponding License Key to the Customer to access the Software

All prices are inclusive of VAT and other government taxes and duties, unless explicitly stated otherwise.

If Customer fails to pay the amounts due within the agreed term, Customer will be liable for payment of the statutory interest, which is set at 7% for non-commercial transactions (consumers) and 12,5% for commercial transactions (with legal entities or individuals accessing the Software for a business purpose), without notice of default being required. Interest shall be charged pro-rata for each day non-payment persists.

When payment is not received within the specified timeframe, PVA Tool is allowed to suspend, without warning, the Customer’s use of the Software.

PVA Tool is entitled to increase its prices for new licenses at any time, at its sole and absolute discretion.

Under no circumstance is Customer allowed to set off its payment obligations under the Agreement with a claim they might have, on whatever grounds, against PVA Tool.

All payments made by Customer are non-refundable and will not be refunded, unless required by applicable law.

A custom software solution for use with PVA Tool may be made available to the Customer upon further arrangement between the parties specifying the requirements for the custom software solution, to be discussed between the Customer and PVA Tool.

When the Customer has completed its first monthly payment and the one-time set-up fee for the use of the Software, an Agreement between the Parties is concluded. Customer will provide PVA Tool with the relevant payment and identification information that is required to identify Customer and verify Customer’s identity before access to the Software can be granted.

After conclusion of the Agreement, PVA Tool shall grant Customer access to the Software by sending the Customer the License Key that grants the license for the Software. The Agreement will remain into force for the duration of the obtained license.

Upon conclusion of the Agreement and in consideration of the applicable fees, PVA Tool grants to Customer a limited, non-exclusive, non-assignable, non-transferable license to use the Software for the duration of the license as specified by PVA Tool. This license does not include the right to sublicense, sell or otherwise multiply or disclose the Software in any way.

All Intellectual Property Rights to the Software as well as all related information remain the property of PVA Tool (or its (sub)licensors). None of these items may be copied or used without the prior written permission of PVA Tool, except and to the extent permitted by mandatory law.

All Intellectual Property Rights that have arisen or will arise in connection to the Software are vested in PVA Tool. Insofar as they are not already vested in PVA Tool, these rights are transferred by Customer to PVA Tool, which transfer will be immediately accepted by PVA Tool after the arising of the rights. Any Intellectual Property Rights not capable of being transferred, whether now existing or in the future arising, to the extent vested in Customer, are hereby irrevocably assigned to PVA Tool.

To use the Software, Customers will be provided with a download link to the Software and a license key to activate the Software.

Customer is obliged to use the License Key made available by PVA Tool in a careful manner and to keep its login information secure and strictly confidential. Customer is responsible for all acts performed following authentication of these accounts. Customer is obliged to notify PVA Tool immediately if it suspects abuse of and/or unauthorised access to its accounts.

The Software may only be used by the Customer for its intended purpose. Any other use of the Software shall be in violation of these Terms and Conditions.

Customer will follow all reasonable instructions issued by PVA Tool related to the use of the Software.

When using the Software, the Customer shall not:

• a. Use the Software in such a way as to offend or interfere with the use by any other Customer or third party;

• b. Use the Software for any paid services or subscriptions.

• c. Use the Software for any illegal purpose, or in violation of any local, national, or international law;

• d. Upload, submit, publish, transmit or otherwise communicate any content on the Software that: (i) is defamatory, libellous, or inaccurate; (ii) is abusive or threatening towards others; (iii) is offensive, hateful, obscene, or pornographic; (iv) infringes the intellectual property rights of any third party; (v) violates the law or regulation of your jurisdiction, or these Terms and Conditions; (vi) advocates illegal activity; (vii) advertises or otherwise solicits funds; or (viii) is treated as confidential.

• e. Upload or submit content that contains viruses, or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment; or

• f. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software or any part thereof.

PVA Tool has the right to limit the Customer’s activity on the Service without prior notice and without owing any refund or liability, following a breach of these Terms and Conditions.

If PVA Tool determines in its own discretion that Customer has violated these Terms and Conditions or applicable laws and regulations, or receives a complaint in this regard, PVA Tool may take measures to end the violation. These measures may include the suspension or termination of access to the Software.

If, in PVA Tool's opinion, the operation of the computer systems or network of PVA Tool or third parties and/or provision of services via the internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of data, leaked personal data or virus activity, Trojan horses and similar software, PVA Tool is authorised to take any and all measures it deems reasonably necessary to avert or prevent such risk. These measures include, but are not limited to, suspension of the Agreement and immediate termination of the Agreement.

PVA Tool is authorised at all times to report any criminal acts that are discovered and will cooperate with duly authorised orders and commands. In addition, PVA Tool is authorised to disclose the name, address, IP address and other data identifying Customer to a third party who has complained that Customer has violated its rights or these Terms and Conditions, provided that:

• a. it is sufficiently plausible that the information, on its own, is unlawful and harmful with regard to the third party;

• b. the third party has a genuine interest in obtaining the data;

• c. it is plausible that, in the specific case, there is no less far-reaching measure to obtain the data; and

• d. examining the interests involved entails that the third party’s interest should prevail.

Customer warrants and represents that any submission or uploading of (personal) data to PVA Tool is lawful and that the processing of such data in accordance with the Agreement and does not contravene any applicable privacy laws and regulations. (See Article 10 for details on privacy).

PVA Tool shall take all reasonable steps to offer the Customer the best possible user experience. However, the Customer acknowledges that complex software is never wholly free from defects, errors, and bugs; and PVA Tool gives no warranty or guarantee that the Software will run uninterrupted or will be wholly free from defects, errors, and bugs.

From time to time, PVA Tool may perform maintenance or make changes to the Software in the form of updates or upgrades. Such updates or upgrades may result in a change in the functionality of the Software. Suggestions by Customer are welcome, but PVA Tool determines which changes will be made.

Updates or upgrades to the Software are performed at times to be determined by PVA Tool. Customer will not be able to use an older version of the Software once an update or upgrade has been performed. Nor will Customer have any right or claim to an update or upgrade that was announced by PVA Tool but was not performed.

Customer is solely responsible for way in which it performs the installation of the Software and subsequent usage of the Software.

9.2. PVA Tool solely offers a live chat service by a technical support consultant for any questions and advice regarding the use of the Software. PVA Tool shall use reasonable commercial endeavours to assist the Customer via this live chat with its queries regarding the Software.

Parties will refrain from disclosing or using for any other purpose than within the scope of this Agreement, any trade secrets and other information of the other Party that has been designated as confidential or the confidential nature of which is known or can reasonably be deemed to be known by the other Party.

Parties accept the duty to observe strict secrecy towards third parties with respect to all that has been arranged for in this Agreement. In addition, Parties accept the duty to observe strict secrecy with respect to all information regarding the activities and organization of the other Party, except in as far as such information was already part of the public domain without any involvement of the other Party.

PVA Tool will not disclose confidential Information to any third party except upon express written authorization by Customer and except any portion of confidential Information which is required to be disclosed by law, court order, or government regulation.

The personal data to be processed by PVA Tool in the performance of the Agreement will be subject to privacy legislation. PVA Tool will take into account the requirements of those laws when processing the personal data. Information on how PVA Tool handles the personal data of Customers can be found in the privacy statement on https://pvatool.com/privacy.

Agreements on processing and security are laid down in a separate data processing agreement which forms an integral part of these Terms and Conditions.

PVA Tool is not liable for possible damage caused by the use of the Service under these Terms and Conditions, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of PVA Tool, provided that it has been demonstrated by the Customer. In any event where PVA Tool is held liable, the liability shall be limited to the maximum amount spent by Customer on the Service in the twelve (12) calendar months prior to the moment the damage occurred.

A limitation of liability included in the Agreement does not apply if Customer has concluded the Agreement in the capacity of a consumer, unless and insofar as the limitation is not unreasonably onerous in view of the content of the Agreement and the Parties' mutually recognisable interests.

To the maximum extent permitted by law, PVA Tool shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) Customer’s use or inability to use our Service and/or Product or (b) any conduct of any party other than PVA Tool itself.

In the event of force majeure, PVA Tool will under no circumstances be liable for compensation. Force majeure includes failures or outages of the internet or the telecommunication infrastructure, unavailability or malfunctioning of the Software, a (D)DOS or comparable attack, power failures, civil unrest, mobilization, war, transport disruptions, strikes, lockouts, business interruptions, stagnation in deliveries, fires, floods, and public health crises.

The Customer is solely responsible for any and all acts committed by way of or through using the Software. This includes, but is not limited to, any actions, decisions, or outcomes resulting from the use of the Software. PVA Tool shall not be liable in any way whatsoever for any acts or omissions by the Customer or any third party related to the use of the Software. This includes, without limitation, the following:

• a. Loss of Email Address: Any loss or inability to access an email address generated by the Software.

• b. Third-Party Prohibition: Any prohibition or restriction imposed by third parties on the use of an email address generated by the Software.

• c. Security Breaches: Any hacking, unauthorized access, or security breaches affecting the email address.

• d. Email Forwarding Issues: Any loss, delay, misdelivery, or other issues related to email forwarding services.

• e. Material Losses: Any material loss or damage, including financial losses, data loss, or other consequential damages arising through the use of the Software.

• f. Misuse: Any violation by the Customer of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights.

• g. Third-Party Rights: Any violation by the Customer of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights.

PVA Tool may recover from Customer any loss and/or damage sustained as a result of violations of these Terms and Conditions. Customer indemnifies and holds harmless PVA Tool against any and all third-party claims pertaining to loss and/or damage arising from a violation of these Terms and Conditions. If Customer acts in the capacity of consumer, the aforementioned indemnity does not apply, but consumer is fully liable in those cases in which this ensues from applicable legislation and regulations.

The Agreement will be valid for the duration the Customer maintains a user account with PVA Tool. The Customer may terminate the account at any time insofar allowed by the terms of the subscription the Customer has entered into. The Customer’s account shall automatically terminate if the Customer does not maintain a subscription with PVA Tool for a continuous period of twelve (12) months.

Termination of the Agreement will not affect the validity of Article 10 (confidentiality) and Article 11 (liability).

Without prejudice to any other rights and remedies hereunder, PVA Tool will be entitled to terminate the Agreement if Customer commits a breach of any of its obligations under this Agreement and such breach is irremediable or – if such breach is remediable – Customer fails to remedy that breach within a period of thirty (30) days after being notified in writing to do so. PVA Tool may suspend or give notice to terminate the Agreement in writing with immediate effect, without notice of default being required, in the event Customer is declared bankrupt, Customer applies for or is granted suspension of payments, Customer’s activities are ceased, or its business is wound up.

PVA Tool may amend these Terms and Conditions at any time, without notice to Customer being required, if the changes are not significant or are required by applicable mandatory law.

PVA Tool will announce any significant changes or additions to the Terms and Conditions to the Customer via a written announcement before the changes or additions become effective.

If Customer does not wish to accept a change or addition as described in article 14.2, Customer may terminate the Agreement with a notice period of one month, in which case the changes or additions will not be applicable to the Customer.

Use of the Service after the date on which the changes or additions become effective will be regarded as acceptance of the amended or supplemented Terms and Conditions.

This Agreement is governed exclusively by Dutch law.

Any dispute between the Parties in connection with, or rising from the Agreement will be submitted to the competent court in the Netherlands in the district where PVA Tool has its registered office. If the Party is a Consumer, then the court in the district where the Consumer resides also has jurisdiction.

Where the Agreement refers to “written” or “in writing”, this also includes e-mail communication provided the identity of the sender and the integrity of the content can be adequately established.

The version of any communication of information as recorded by PVA Tool will be deemed to be authentic, unless Customer supplies proof to the contrary.

Any general terms and conditions of Customer will not form part of the Agreement.

If any provision of the Agreement is found to be contrary to applicable law, or is otherwise unenforceable, this provision will be amended to the extent that it is in accordance with applicable law, with due observance of the intended meaning of the relevant provision.

Customer will not be authorised to transfer this Agreement or any of its rights and obligations arising therefrom to a third party without the express consent of PVA Tool. PVA Tool will be authorised to transfer this Agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which this Agreement is subject.

Except as supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement together with these Terms and Conditions contains the entire legal understanding between PVA Tool and the Customer and supersedes any and all prior or written understandings or agreements in relation to the Customer’s access to and use of the Service.