Date: November 15, 2020
PVA Tool offers Software which can be used by Customer to perform automated activities for (email) account generation and (email) forwarding. The following Terms and Conditions apply to all Agreements PVA Tool enters into regarding the use of any Software offered.
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 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: all intellectual property rights and related rights, including, but not limited to, copyright, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights as well as rights to know-how.
Parties: Customer and PVA Tool, jointly (plural) or separately (singular).
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 its subdomains.
The prices of the Products and use of the Service are stated on the Website. After PVA Tool has received the required payment for the license, it will grant the corresponding license to the Customer.
All prices are inclusive of VAT and other government taxes and duties.
If Customer fails to pay the amounts due within the agreed term, Customer will be liable for payment of the statutory commercial interest, referred to in Section 6:119a of the Dutch Civil Code, on the outstanding amount, as well as any extrajudicial costs, including costs for lawyers, bailiffs and legal experts, without notice of default being required.
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.
Under no circumstance is Customer allowed to set off its payment obligations under the Agreement with a claim they might have, on whatever grounds, on PVA Tool.
All payments made by Customer are non-refundable and will not be restituted.
|Article 3.||Conclusion and performance of the Agreement|
When the Customer has completed the payment as described in article 2 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 him and verify his identity before access to the Software can be granted.
After conclusion of the Agreement, PVA Tool 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.
|Article 4.||Grant of license|
Upon conclusion of the Agreement and in consideration of the applicable fees, PVA Tool grants to Customer a non-exclusive and 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 are 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.
|Article 5.||License Key|
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 any 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.
|Article 6.||Use and misuse|
Customer will follow all reasonable instructions issued by PVA Tool related to the use of the Software.
Customer is solely responsible for all acts committed by way of using the Software. PVA Tool is not responsible for any acts, including but not limited to the loss of the email address generated by the Software, prohibition of the use of the email address by third parties it has been generated from, hacking of the email address, any loss related to email forwarding or any other material loss related through the use of the Software.
It is prohibited to use the Software in a manner that is in violation of these Terms and Conditions or applicable laws and regulations. Additionally, using the Software in a manner that may cause hindrance or loss and/or damage to PVA Tool or any third party is expressly not permitted.
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:
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.
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.
PVA Tool will use all reasonable endeavours to ensure continuous availability of the Software, but cannot warrant uninterrupted availability.
Measures taken by PVA Tool under circumstances as described in article 6.4 and in article 8 may result in a temporary interruption in the availability of the Software.
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.
PVA Tool solely offers a live chat service by a technical support consultant for any questions and advise 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.
Except in case of intentional misconduct or deliberate recklessness by PVA Tool’s management or managerial staff, PVA Tool’s liability will be limited to the amount paid by Customer in the twelve (12) calendar months prior to the moment the cause of 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.
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, fire and floods.
|Article 13.||Term and termination|
The Agreement will be valid for the duration of the obtained license as purchased by the Customer. During this period, the Agreement cannot be terminated except in the circumstances as described in articles 6.4 and 13.3. After this period, the Agreement shall terminate by operation of law.
Termination of the Agreement will not affect the vality of articles 10 (confidentiality), 11 (liability) and 3 (pricing).
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 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 an announcement in Live chat 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.
|Article 15.||Miscellaneous provisions|
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.