These are the Terms and Conditions of RevSplit, a trade name of Webmethod, a company with address Pleiadenlaan 1-145, 9742 NE in Groningen ("we", "us", "RevSplit"). Webmethod is registered with the Dutch Chamber of Commerce under number 63314061.
The effective date of these General Terms and Conditions is August 7, 2023.
1. ACCEPTANCE OF TERMS
By accessing and using our web application (referred to as the "Service"), you are agreeing to be bound by these Terms of Service. If you do not agree to these terms, please do not access or use the Service.
2. ELIGIBILITY
You must be at least 18 years of age to use our Service. By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years of age.
3. PRIVACY
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. We comply with the General Data Protection Regulation (GDPR). You can read our Privacy Policy here.
4. USER ACCOUNTS
You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account.
5. INTELLECTUAL PROPERTY
All content, features, and functionality on the Service are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property rights laws.
6. SERVICE USAGE
You agree not to use the Service in any way that violates any applicable local, national, or international law or regulation.
7. BILLING AND PAYMENTS
The Service may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. Currently, we use Stripe as our Payment Processor. You can access their terms and conditions and privacy policy on their website.
By choosing a Paid Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Service in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method.
We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
8. SUBSCRIPTIONS
Some of the Services we offer are billed on a subscription basis (we call these "Subscriptions"). This means that you will be billed in advance on a recurring, periodic basis. Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal through your online account management page.
9. NON-PAYMENT AND SERVICE INTERRUPTION
If you fail to pay the subscription fee, we reserve the right to suspend or terminate your access to the Service. We also reserve the right to delete all data associated with your account. We do not accept any liability for loss of data due to non-payment of the subscription fee. It is your responsibility to ensure timely payment for the Service to prevent data loss.
10. SERVICE AVAILABILITY AND UPTIME
We aim to provide our Service with minimum disruptions. However, we cannot guarantee that the Service will be available at all times or that it will operate without interruptions or be error-free.
We may need to interrupt the Service for maintenance, updates, or other reasons. We will make reasonable efforts to notify you in advance of any planned downtime, but cannot guarantee that such notifications will always be provided. We shall not be liable for any damages or losses you may suffer as a result of any interruption or unavailability of the Service, regardless of the cause.
We expressly disclaim all liabilities related to any direct or indirect losses or damages arising from any downtime, security issues, system outages, data loss, or access delays or interruptions.
11. USER CONTENT LICENSE GRANT
By uploading, posting, sending, or submitting text, photos, graphics, videos, or other materials (collectively "User Content") to the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, translate, modify, create derivative works from, and otherwise exploit your User Content, for the purposes of providing, improving, promoting, and developing the Service.
This license continues even if you stop using our Service, as it allows us to retain an archival copy of all User Content for the purposes of recordkeeping, backup, and enforcement of these Terms of Service.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights to User Content granted herein, and that the use of the User Content by us will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to defend, indemnify, and hold harmless RevSplit, its parent, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Service, of any intellectual property or other right of any person or entity.
12. REFUNDS
Except when required by law, paid Subscription fees are non-refundable.
13. USER RESPONSIBILITY AND ACCURACY OF INFORMATION
As a user, you are solely responsible for verifying the accuracy of all calculated earnings and reports provided by the Service. While we strive to maintain the accuracy of the information and calculations provided by the Service, we make no guarantees regarding the accuracy, reliability, or completeness of any information or calculations provided.
You acknowledge and agree that any reliance on the information or calculations provided by the Service is strictly at your own risk. You are responsible for independently verifying the accuracy and completeness of any information or calculations before relying on it for your personal or business purposes.
All content that you upload to our Service must be accurate and truthful. You are solely responsible for the correctness of reports that you upload to our Service. If there are any errors in the uploaded content, it is your responsibility to correct them.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Service.
Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.
We assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party.
In the event of any calculation errors by our Service, our liability is strictly limited to the subscription fee paid by you for the month in which the calculation error occurred. You agree to notify us immediately upon discovery of any such calculation errors, and we will endeavor to correct such errors as soon as reasonably practicable.
These Terms of Service provide you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms of Service will not apply to the extent prohibited by applicable law.
15. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We make no warranties or guarantees about the accuracy, reliability, availability, timeliness, or completeness of the Service.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service.
17. CHANGES TO TERMS OF SERVICE
We reserve the right to modify these Terms of Service at any time. If we make changes, we will provide notice of such changes. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes.
18. GOVERNING LAW AND JURISDICTION
These Terms of Service and any disputes arising out of or related to these Terms of Service or the Service will be governed by and construed in accordance with the laws of the Netherlands.