End User License Agreement

Effective date:
April 19, 2023

This End User License Agreement (EULA) applies to any agreement regarding the use by a customer ("customer") of software developed or supplied by ProductLift or its associated companies, unless otherwise agreed.

The terms of the EULA govern customer's use of the software and any future updates and/or upgrades unless otherwise stated and agreed in writing.

Note: By downloading, installing, accessing, or using the Software, User agrees to be bound by this License Agreement (EULA). If User does not agree to these terms of use, ProductLift requests User not to continue using this Software. ProductLift advises everyone who uses the Software to regularly review the terms and conditions in case of changes.

If one or more provisions of these terms and conditions are partially or wholly invalid or are invalid, the other provisions of these terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision. Ambiguities about the content, explanation or situations that are not regulated in these terms and conditions should be assessed and explained in the spirit of these terms and conditions.

By using the Software, User agrees that ProductLift will communicate about the services by means of notifications (including electronic communication). The user has the option to unsubscribe from this communication on the basis of an opt-out.

Article 1 - Privacy, data processing and security

1. ProductLift handles the (personal) data of the User with care. Processing of personal data will only take place in the context of the performance of ProductLift's services. ProductLift will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in ProductLift's privacy statement.

2. ProductLift User of all information related to the use of the Software and the technical security measures of Software. If the User demonstrates that he has lost the aforementioned information, ProductLift will make it available on a best effort basis. In that case, ProductLift is authorized to charge administration costs.

Article 2 - Use of the Software

1. ProductLift makes every effort to make the Software available to the User. All services are performed on the basis of a best-efforts obligation. User can access the Software after User has created an account.

2. The User is at all times responsible for all data and information that he places or has placed on his account and/or the Software. If the User suspects that the information provided by him is incorrect or incomplete, the User will inform ProductLift without delay and provide the correct information. User must keep his data up-to-date and can adjust his data in his own account for this purpose.

3. ProductLift may impose further restrictions or conditions on the access to and use of certain parts or functions of the Software, including but not limited to creating an account, completing a verification process and/or meeting specific quality - or eligibility criteria.

4. With this License Agreement, ProductLift grants User limited, non-exclusive rights to use Software. These user rights are granted by ProductLift to the User against payment of a periodic or one-off amount. The User is entitled to use the Software on the basis of the Temporary License.

5. If ProductLift releases a new version or upgrade/update, it will also offer this to the User. The provisions of this License Agreement also apply to that new version, unless otherwise agreed.

6. The User is not permitted to transfer the rights and obligations under the License Agreement to third parties other than the established Users without ProductLift's prior written permission.

Article 4 - Obligations when using the Software

1. The User has at all times an independent responsibility for the use of the Software. The User is obliged to comply with the following regulations during the use of the Software. User must refrain from using the Software:

  • a. to use manual or automated software, equipment or other processes to index or scrape the data used within the Software on the internet;
  • b. in a way that involves illegal activities or activities that are contrary to morality or public order;
  • c. copying (parts of) the ProductLift Software;
  • d. to otherwise harm the interests of ProductLift.

2. In the event of (possible) criminal acts, ProductLift is entitled to report this and to hand over the data provided by the User to the competent authorities, as well as to perform all acts that are requested of it in the context of the investigation. ProductLift has the right to deny the User access to the Software and/or to terminate the use of the Software.

3. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.

4. The User is responsible for the proper security of the (mobile) device on which he uses the Software, as well as for securing and keeping his/her own login details confidential.

5. Each User must create an account to access and use the Software.

6. The account can be registered with an e-mail address and a password, unless stated otherwise.

7. The User is obliged to provide correct and complete information during the registration of the account and to keep the account up-to-date at all times.

8. The User is responsible for his or her login details and must not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possibly there has been unauthorized use of the account, the User must immediately contact ProductLift. The User is personally liable for all activities carried out via his/her own account unless the User can demonstrate that he/she has not been negligent. This in any case includes failure to report unauthorized use or loss of login data.

Article 5 - Access and duration of the license agreement

1. ProductLift only offers the use of the Software during the term that the User has paid. The term of the EULA will be tacitly extended after the agreed term for a new period, equal to the original period, unless one of the parties terminates the License Agreement in writing.

2. If the License Agreement ends for any reason, ProductLift will immediately terminate the User's use of the Software.

3. The User shall ensure that all data, which ProductLift indicates are necessary or which the User should reasonably understand to be necessary for access and/or use of the Software, are provided to ProductLift in a timely manner.

4. ProductLift is not liable for damage, of whatever nature, that has arisen because ProductLift has based on incorrect and/or incomplete information provided by the User, unless ProductLift was aware of this inaccuracy or incompleteness.

Article 6 - Availability Software

ProductLift does not guarantee that the services will always meet the expectations raised in advance. ProductLift strives to make every effort to provide the Software and access to the Software to the User, as far as possible, without interruption, but ProductLift does not guarantee the full availability of the Software at all times. ProductLift is entitled if and insofar as there is a danger to the error-free functioning of the Software and to suspend the use of the Software in its opinion. ProductLift is furthermore entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the Software.

Article 7 - Notice and takedown

If and insofar as there is an infringement of the rights of ProductLift or third parties and/or unlawful acts by the User, ProductLift is entitled to close that part of the Software with immediate effect or to exclude the User from the use. ProductLift will immediately remove any infringing/harmful information. Under no circumstances is ProductLift liable for damage of any nature whatsoever as a result of (temporarily) shutting down the service and/or removing or passing on data.

Article 8 - Payment

1. The right to use the Software is subject to a periodic fee that the User owes for the overall use of the services of ProductLift. The contents of this and the applicable terms and conditions are made available to the User before entering into the agreement with ProductLift.

2. If the User does not meet its (payment) obligations arising from the agreement or these conditions, ProductLift is entitled to terminate the agreement and/or to suspend or terminate the use of the ProductLift Software.

3. In principle, all prices are exclusive of turnover tax (VAT) and other tax levies. The compensation amounts to the agreed amount for the use of the period chosen by the User.

Article 9 - Delivery and warranty

1. Software will be delivered “as is”.

2. ProductLift makes every effort to make Software available as soon as possible after payment, insofar as this can reasonably be expected of it. ProductLift makes every effort to deliver Software in accordance with the Specifications laid down in writing as much as possible.

3. ProductLift guarantees that Software will function on delivery in accordance with the Specifications as indicated in the offer.

4. The User is entitled to free rectification of errors, unless the relevant errors have arisen through error correction, maintenance or changes performed by or on behalf of the User. In cases that fall outside the scope of delivery, ProductLift only undertakes repair and maintenance, whether or not for a monetary compensation. Recovery can also take place by means of Upgrades and/or Updates offered by ProductLift.

5. The warranty in article 6.1 lapses if and insofar as ProductLift demonstrates that the Errors in question have arisen as a result of error correction, maintenance or changes performed by or on behalf of the User.

Article 10 - Limitation of liability

1. The User indemnifies ProductLift from the moment that the User first uses the Software for all damage that has arisen, except in the case of willful misconduct or gross negligence on the part of ProductLift.

2. ProductLift is not liable or obliged for the proper execution of the agreement by the network operator.

3. ProductLift is not liable for damage that is or may be the result of (incomplete and/or incorrect) information on the Software or that of linked websites or applications of third parties.

4. If the performance of the service leads to liability on the part of ProductLift towards the User, that liability is limited to the costs charged by ProductLift in connection with the agreement with regard to direct damage. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability, and the method of repair.

5. In no event shall ProductLift be responsible for errors and/or irregularities in the functionality of the Software and shall not be liable for any malfunction or unavailability of the Software for any reason or the loss and/or corruption of the Software. data and information of User.

6. ProductLift does not guarantee a correct and complete transmission of the content of, and e-mail sent by/on behalf of ProductLift, nor for the timely receipt thereof.

7. ProductLift is not liable for the fact that the User has not received the account information or has not received it correctly and/or not on time. ProductLift is never liable if the User has not kept his login and/or account details in a safe place.

8. All claims by the User due to shortcomings on the part of ProductLift will lapse if they have not been reported to ProductLift in writing and with reasons within one year. Any claim for compensation against ProductLift must always be reported in writing, but at the latest within one year after the User became aware or could reasonably have been aware of the facts on which he bases his claims. After this period, such a claim will lapse.

Article 11 - Force majeure

1. ProductLift is not liable if it is unable to fulfill its obligations as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to his fault, and neither under the law, a legal act or generally accepted views for his account.

2. Force majeure is in any case understood to mean, but is not limited to, what is understood in this regard in law and jurisprudence, (i) failure to properly fulfill obligations of suppliers or suppliers, (ii) faulty goods, equipment, third-party software or materials, (iii) government measures, (iv) power failure, (v) failure of the internet, data network and telecommunications facilities (e.g. due to: cybercrime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at ProductLift's company and (xi) other situations that, in the opinion of ProductLift, are beyond ProductLift's sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.

3. ProductLift has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after ProductLift should have fulfilled its obligation.

Article 12 - Maintenance

ProductLift is entitled to perform maintenance on Software. This may result in Software being temporarily unavailable or less available. ProductLift is not liable for damage caused by maintenance.

Article 13 - Intellectual property rights

1. The User is expressly prohibited from infringing the intellectual property rights of ProductLift, as well as the good name of ProductLift. All intellectual property rights and copyrights of the Software, including the graphic designs, ideas and the like relating to the Software are vested solely in ProductLift and are expressly not transferred to User.

2. The User has a non-exclusive right to use the Software, unless expressly agreed otherwise. User is prohibited from using Software other than as agreed in this License Agreement.

3. The software of the Software remains the property of ProductLift at all times. The software only works in combination with the agreement that must be concluded by the User, and in accordance with the purpose for which the Software serves. The User is prohibited from making illegible, changing, or removing any indication in connection with the intellectual property rights of ProductLift or any legally required (brand) signs, or indications of the Software.

4. Any infringement by the User of ProductLift's intellectual property rights with regard to Software is punishable by a one-off fine of at least €10,000 (in words: ten thousand euros) and a fine of €500 (in words: five hundred euros) for each day that the infringement continues. This does not affect ProductLift's right to claim additional compensation. The User is hereby responsible for paying the fine due to a User's violation.

Article 14 - General (sales) conditions

The general (sales) conditions of ProductLift also apply to the use of the Software. In the event that matters are not explicitly regulated in these terms of use, reference is made to the (contents of) the general (sales) terms and conditions of ProductLift. Any general terms and conditions of the User are expressly excluded.

Article 15 - Changes

ProductLift has the right to unilaterally adjust these terms and conditions. User will be informed of this as soon as possible. In any case, the User can view the amended terms and conditions via the Software.