MonitorMore, registered at Donatilaan 8, 3721 TE Bilthoven, the Netherlands and having its offices at Donatilaan 8, 3721 TE Bilthoven, the Netherlands;
the personal account which is created by You when you register for the Service and to which you obtain access after entering Your Login Details;
Intellectual Property Rights:
all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighboring rights, as well as rights to know-how;
the email address and password which You provide when creating Your Account and with which You gain access to the Service and Your Account;
the information about the website you monitor and its performance, such as metrics concerning its ability to be secure, optimized and accessible;
the service of MonitorMore, which is used to check the Website Information of a website;
a person who is authorized by You to use the Service on your behalf, by creating for that person a User-account;
a separate account under Your Account, with separate Login Details, for the creation and use of which You are responsible;
you, the person that is using the Service and that has created an Account for the use of the Service;
3. The Service
3.1 The Service is an online platform, on which You can monitor the Website Information, based on the metrics of the Service, The Service can identify issues and suggest actions to improve the performance of your website.
3.3 Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Service, including the release of new MonitorMore services, shall be subject to this Agreement.
4. Login Details
4.1 You are solely and fully responsible for the maintenance of all of your MonitorMore user accounts, including, but not limited to, your password.
4.2 You are required to register for the Service. You accept that You are at all times responsible and liable for the use of the Service by third parties via Your Account.
4.3 You may use the Service to create User-accounts for, for instance, Your employees. By creating a User-account, You acknowledge that You are at all times responsible and liable for the use of the Service via that User-account and the User.
4.4 MonitorMore may at all times (i) make functional, procedural or technical changes or improvements to the Service and (ii) (temporarily or permanently) take out of service, restrict the use of or terminate one or more Accounts on the Service.
4.5 You are solely responsible for the proper operation of the technical infrastructure necessary to use the Service. MonitorMore is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.
4.6 If You think Your Login Details have been used or are being used by a third party, You must notify MonitorMore immediately.
5. Permitted use of the Service
5.1 You are not permitted to:
- harm the interests and reputation of MonitorMore;
- use the Service for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in The Netherlands or applicable to you;
- use the Service in a way that is detrimental to the operation of the Service or the access or use of the Service by anyone else. You will not upload or transmit viruses, worms or any other destructive code. The restriction in this section applies to any use that interferes or attempts to interfere with the normal operations of the Service, including by hacking, deleting, augmenting or altering the Service;
- engage third parties to perform any of the abovementioned acts;
6. Intellectual Property Rights
6.1 The Intellectual Property Rights in relation to the Service, including the Intellectual Property Rights with respect to the Website Information, are held by MonitorMore or its licensors.
6.4 Users are under no obligation to give MonitorMore any ideas, suggestions, comments or other feedback related to the website, the Service, or the business or operations of MonitorMore. If anyone shares ideas, suggestions, comments, or other feedback with MonitorMore, MonitorMore will own such idea, suggestion, comment or feedback. You hereby assign all of your rights, titles, and interests in such idea, suggestion, comment, or feedback to MonitorMore and agree that MonitorMore will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.
7.2 If and in so far as the website you subject to the Service contains personal data, you guarantee that you are authorized to have MonitorMore process this personal data on your behalf for the sole purpose of providing the Service.
7.3 It may be necessary to transfer your personal data to data centers located outside of the EER. Your hereby give your permission to do that, if and in so far this is necessary to provide the Service.
8. Indemnities and warranties
8.1 You agree to defend, indemnify and hold harmless MonitorMore and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Service.
8.2 You guarantee that You are solely and fully entitled to subject a website to the Service.
9.1 MonitorMore accepts no liability for damages that result from:
- the use of the Service,
- the Service being unavailable or the Service not functioning correctly,
- Performance being inaccurate,
- loss of data
- or any other cause, to the extent that is permitted under mandatory law.
9.2 When MonitorMore is liable to Users for damages arising from any cause whatsoever, this liability is at any time limited to paying direct damages up to the amount paid by the User in the previous year, up to an absolute maximum of EUR 1.000,- per event (a sequence of events will be regarded as one event).
9.3 Direct damage is understood to mean exclusively:
- damage to property;
- reasonable costs incurred to prevent or limit damage to property that could be expected from the event on which the liability is based;
- reasonable costs incurrent in determining the cause of the damage to property.
9.4 Any liability of MonitorMore for damage other than direct damage (“indirect damages”), including – but not limited to – consequential damages, loss and/or damage of data, loss of profits and lost sales, is fully excluded.
9.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of MonitorMore or her managers (“own actions”).
9.6 The creation of any right to compensation is always conditional on You reporting the damage to MonitorMore in writing a soon as possible after it has come about. Any claim for compensation vis-à-vis MonitorMore will be cancelled simply by the expiry of twelve months after the damage first arose.
10. Force majeure
10.1 MonitorMore shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
11. Fees and payment
11.1 User will be charged the fees set forth in the relevant section on the MonitorMore website or as otherwise offered on the website for a particular subscription plan (“Fees”). These fees, unless explicitly shown during the process of purchasing a subscription plan and following confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by You.
11.2 The pricing information may change from time to time. Any changes to the prejudice of You will be brought to Your attention beforehand.
12.1 Notwithstanding anything stated or implied to the contrary in this Agreement, we may at any time, without derogating from our other rights under this Agreement, applicable law or otherwise, suspend or terminate the Service, effective immediately upon issuance of a written notice.
12.2 In case of a termination for any reason whatsoever, no obligation to undo any performance already delivered will arise from the termination of the Agreement.
12.3 You are at any moment entitled to discontinue the use of the Service and to terminate Your Account.