Terms of Service of CompanySpotter.com

Version 1.1
Updated on 2019-06-16.
The service "CompanySpotter.com" is offered over the internet in the form of Software-as-a-Service by the company CompanySpotter B.V..
The use of CompanySpotter.com is subject to the below terms and conditions.
Using CompanySpotter.com constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by CompanySpotter B.V..

1. Use of the service

1.1. With CompanySpotter.com, you can search for businesses worldwide.

1.2. To use CompanySpotter.com, you first need to register. After completing registration, you can directly log into your account and use the servce.

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. CompanySpotter B.V. 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 CompanySpotter B.V. that someone else knows your password.

1.4. CompanySpotter.com processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of CompanySpotter B.V. for more information.

2. Terms of Use

2.1. It is not permitted to use CompanySpotter.com 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. Should CompanySpotter B.V. discover that you violate any of the above, or receive a complaint alleging the same, then CompanySpotter B.V. may intervene to end the violation.

2.3. If in the opinion of CompanySpotter B.V. the continued functioning of the computer systems or network of CompanySpotter B.V. 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, CompanySpotter B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.4. CompanySpotter B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.

2.5. CompanySpotter B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless CompanySpotter B.V. from all third-party claims arising out of your violation of these terms of use.

2.6. Unless subscribed to one of our tiers that includes API access, you may not automate access to your CompanySpotter.com account. Automated behaviour patterns may result in account suspension.

2.7 Account sharing may results in account suspension.

3. Availability and Maintenance

3.1. CompanySpotter B.V. uses its best efforts to have the service available at all times, but is only willing to make specific guarantees if a separate service level overeenkomst is concluded with met CompanySpotter B.V..

3.2. CompanySpotter B.V. actively maintains CompanySpotter.com. In case maintenance is reasonably expected to negatively impact availability, CompanySpotter B.V. carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

3.3. CompanySpotter B.V. may from time to time adapt CompanySpotter.com. Your feedback and suggestions are welcome but ultimately CompanySpotter B.V. decides which adaptations to carry out (or not).

4. Intellectual Property

4.1. The service CompanySpotter.com, the accompanying software as well as all information and images on the website is the intellectual property of CompanySpotter B.V.. None of these items may be copied or used without prior written permission of CompanySpotter B.V., 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). CompanySpotter B.V. 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 CompanySpotter B.V., for example a bug report or suggestion for improvement, you grant CompanySpotter B.V. 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. CompanySpotter B.V. shall refrain from accessing data you store or transfer using CompanySpotter.com, unless this is necessary for a good provision of the service or CompanySpotter B.V. is forced to do so by law or order of competent authority. In these cases CompanySpotter B.V. shall use its best efforts to limit access to the information as much as possible.

5. Compensation for the Service

5.1. The use of certain functions of CompanySpotter.com is subject to fees. The functions in question will inform you of the fees. The fee is due every month or year and must be paid in advance.

5.2. Payment is possible through direct debit order, via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.

5.3 You will be charged for your subscription on the day of the month or day of the year you subscribed depending on the subscription interval (monthly or yearly).

5.4 When applicable, the first charge occurs automatically at the end of your trial period.

5.3. We offer full refunds within 30 days of the first charge / transaction if you’ve exported 5.000 or less search results. Refund requests for accounts that surpassed that amount will be judged on a case by case basis.

6. Limitation of Liability

6.1. Except in case of intentional misconduct or gross negligence the liability of CompanySpotter B.V. 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. CompanySpotter B.V. 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 CompanySpotter B.V. at most two months after discovery.

6.4. In case of force majeure CompanySpotter B.V. 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.

7. Term and Termination

7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2. You may terminate the agreement at any time and remain subscribed until the end of your subscription period.

7.3. CompanySpotter B.V. is entitled to terminate the agreement at any point in time. In such an event CompanySpotter B.V. shall send an email to the e-mail address connected to your account.

7.4. Please note: it is not possible to export data you store or process using the service.

8. Changes to Terms

8.1. CompanySpotter B.V. may change or add to these terms and conditions as well as any prices at any time.

8.2. CompanySpotter B.V. shall announce through the service changes or additions to the terms 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 CompanySpotter.com after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

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 CompanySpotter.com shall be brought before the competent Dutch court for the principal place of business of CompanySpotter B.V..

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 CompanySpotter.com 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 CompanySpotter B.V. 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. CompanySpotter B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of CompanySpotter.com or the associated business activities.

Questions and Feedback

Please direct any questions about these terms to:

Koninginnegracht 46-I
2514 AD, Den Haag
+31 (0)85 – 007 0247