Application End User License Terms

Important:
By using perbit.nl app, you agree to these application end user license terms. perbit.nl app
perbit.nl App (the "Application") is an application for iOS and Android and is intended for the strict personal management of your own personal and financial data for the purpose of the correct, complete and timely submission of mutations for which you have been authorized by your employer.

The application has been made available to you by your employer via the App Store or Google Play Store. This means that you have been granted a license to use the Application under the terms of this License Agreement. Acceptance of these terms and conditions is a prerequisite for obtaining the license and therefore being allowed to use the application.

1. Definitions
In this Agreement, the following terms are used:
"you", "you" or "your" means the user of the Application;
"we", "we", "us" or "our": perbit B.V., established at De Schakel 17, 5651 GH Eindhoven, registered with the Chamber of Commerce under number 55483372; "Terms and Conditions" means this Application End User License Terms;
"application": perbit.nl app.

2. Use of the Application
You are aware that it is impossible to completely exclude any unauthorised use and loss of data. Perbit accepts no liability towards you and your employer if, despite the measures taken, Perbit's data is still affected, lost or used by unauthorised persons, unless there is there is gross negligence or intent on the part of Perbit. For the use of the services, you will receive a username / password combination that gives you one-time access to your own user environment. You will then be responsible for setting up your own 5-digit PIN. The following specific conditions apply to these login details:
1. You are fully responsible for any use and misuse of the Services with the login credentials;
2. Legal acts performed using the login details are binding;
3. The login details must be treated strictly confidentially by you and you will only use them for personal tasks and will not make them available to third parties;
4. If your employer suspects that the confidentiality of the login details has been violated or that there has been misuse of the login details, your employer will immediately report this to perbit. Perbit will then deactivate the relevant login details as soon as possible;
5. Periodically, your employer receives a total overview of its active users for verification. Incorrect or invalid users must be reported to perbit immediately by your employer, so that perbit is able to respond adequately. If no notification has been made 1 month after publication, your employer agrees with the previous statements;
6. You are fully responsible for the correct, complete and timely submission of changes for which you have been authorised by your employer.

You need to use the application as follows:
1. You must always comply with the rules of use as set out in these license terms;
2. If a situation arises for which the emergency services Police, Fire Brigade or Ambulance are necessary, we advise you to call 112 first before using this application;
3. To use the application, your device must be turned on, not in airplane mode and you must be connected to the internet. Because the application requires an internet connection, using this application may incur costs. Your phone provider can tell you more about these costs;
4. It may not be possible to use the application, for example when you do not have an internet connection. Your phone provider is not responsible for this. Even if you have the application installed on your device, you can always call 112 in case of an emergency.

3. Scope of License
The license granted to you for the Application is limited to a non-transferable license under which you are entitled to use the Application worldwide.
When using the application, it is not allowed to:
1. Install the application on a device that you don't own;
2. Make the application available to third parties on a (peer to peer) network or otherwise;
3. Rent or sell the application;
4. Grant a sublicense to use the application;
5. Modify the application, discover the source code and/or develop derivative works of the application.

4. Misuse of the Application
Misuse is understood to mean: the use of the Application in a different way as described in these General Terms and Conditions, as well as the use of the Application in a way that violates the rights of (a) third party(ies). Misuse of the application is punishable under Article 142(2) of the Dutch Criminal Code. We can always report abuse to the police and/or the judiciary.
In the event of abuse (whether or not punishable), we can impose a fine of up to €10,000. This penalty does not preclude the obligation to compensate for any damage actually suffered by us or third parties.

5. Use of information / Privacy
You hereby give us permission to process, store and use the information you provide in line with the agreed service and service levels with your employer and the perbit privacy policy.
If at any time you no longer wish to consent to us keeping your data in real time, you can delete the application from your device.

6. Indemnification
By using the application, you agree to fully indemnify us and our directors, supervisory directors, employees, investors, contractors and contracting parties against any liability or (other) claim that arises as a (direct or indirect) result of your failure to comply with these general terms and conditions. You hereby waive any right of recourse against the aforementioned parties.

7. Termination
The license ends as soon as it is terminated by us, your employer, or you. We reserve the right to terminate the license immediately if you violate these terms and conditions or if it is decided to stop using the application. You are free to terminate the license, discontinue its use and delete the application at any time. We are entitled to block your use of the application in any manner we choose.

8. Modification of application and terms and conditions
We have the right to change the application (including in the event of legal changes, changes to employment conditions, software changes in the event of an update), to discontinue it, or to terminate it without prior notice. We will not be liable for any damages arising or would arise from any such modification, cessation or termination.
We have the right to change these terms and conditions, for example if changes in the application or in (the interpretation of) applicable law give cause to do so. If we change the terms and conditions, you will be notified and asked if you agree to the changes. If you do not agree to the changes, the use of the license will no longer be possible.

9. Intellectual Property
You are aware and acknowledge that the application contains information that we own, including processes, working methods, software, drawings, texts, designs and know-how, including but not limited to the rights as referred to in the Copyright Act 1912, the Dutch Patent Act 1995, the Uniform Benelux Act on Designs or Designs, the Neighbouring Rights Act, the Topography Act, the Databases Act and the regulations related to the aforementioned laws.
You will respect these rights and will not use any of the aforementioned information other than for normal use of the Application as described in these Terms.

10. Liability
Perbit is not liable for any material or immaterial damage, in whatever form, that arises or results from the (correct or incorrect) use and/or non-functioning of the application, unless there is intent, gross negligence or gross negligence on the part of perbit. If at any time the application does not work, you will need to contact your system administrator yourself.

11. Warranty
You acknowledge and agree that your use of the Application is at your own risk. The sense and quality of the application depends on its proper use by you. We have no influence on this.
We do not guarantee the operation or quality of the application, nor the accuracy of the information provided by the application, nor the speed or quality of any results provided as a result of the application. We do not provide support services. We are under no obligation to update or maintain the application.

12. Applicable law
These terms and conditions are exclusively governed by Dutch law.