Terms and Conditions
Last updated: March 1st, 2020.
The service "TourBrain" is offered over the internet in the form of Software-as-a-Service by the company High Tech Digital Services B.V. The use of TourBrain is subject to the below terms and conditions. Using TourBrain constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by High Tech Digital Services B.V.
Article 1. Use of the service
1.1. The service TourBrain is offered for the purpose of planning and scheduling shows and events for your company, using the tools available from TourBrain. You choose yourself how to employ the tools and for which specific purposes.
1.2. To use TourBrain, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. You must secure access to your account using an email address and password against third parties. In particular you must keep the password strictly confidential. High Tech Digital Services B.V. may assume that all actions undertaken from your account after logging in with your email address and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified High Tech Digital Services B.V. that someone else knows your password.
1.4. TourBrain allows you to process personal data. High Tech Digital Services B.V. acts as a processor as that term is defined in the General Data Protection Regulation; you are the controller. You indemnify and hold harmless High Tech Digital Services B.V. against all claims by third parties in connection with this Act.
2.1. It is not permitted to use TourBrain 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. In particular it is not permitted to use TourBrain in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or the excessively often accessing the service.
2.3. Should High Tech Digital Services B.V. discover that you violate any of the above, or receive a complaint alleging the same, then High Tech Digital Services B.V. may intervene to end the violation.
2.4. If in the opinion of High Tech Digital Services B.V. the continued functioning of the computer systems or network of High Tech Digital Services 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, High Tech Digital Services B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. High Tech Digital Services B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Article 3. Availability and maintenance
3.1. High Tech Digital Services B.V. uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. High Tech Digital Services B.V. actively maintains TourBrain. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. High Tech Digital Services B.V. may from time to time adapt TourBrain. Your feedback and suggestions are welcome but ultimately High Tech Digital Services B.V. decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service TourBrain, the accompanying software as well as all information and images on the website is the intellectual property of High Tech Digital Services B.V. None of these items may be copied or used without prior written permission of High Tech Digital Services 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). High Tech Digital Services 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 High Tech Digital Services B.V., for example a bug report or suggestion for improvement, you grant High Tech Digital Services 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. High Tech Digital Services B.V. shall refrain from accessing data you store or transfer using TourBrain, unless this is necessary for a good provision of the service or High Tech Digital Services B.V. is forced to do so by law or order of competent authority. In these cases High Tech Digital Services B.V. shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of certain functions of TourBrain is subject to fees. The functions in question will inform you of the fees. The fee is due every month and is charged upon expiry of each applicable period.
5.2. Payment is possible through direct debit order, by making a wire transfer to the account of High Tech Digital Services B.V., via iDeal online payment, by creditcard, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of High Tech Digital Services 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. High Tech Digital Services 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 High Tech Digital Services B.V. at most two months after discovery.
6.4. In case of force majeure High Tech Digital Services 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.
Article 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. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. High Tech Digital Services B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event High Tech Digital Services B.V. shall first send a reminder mail to the e-mail address connected to your account.
7.4. It is not possible to export data you store or process using the service in an automated manner.
Article 8. Changes to terms
8.1. High Tech Digital Services B.V. may change or add to these terms and conditions as well as any prices at any time.
8.2. High Tech Digital Services B.V. shall announce through the service changes or additions 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 TourBrain after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 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 TourBrain shall be brought before the competent Dutch court for the principal place of business of High Tech Digital Services 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 TourBrain 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 High Tech Digital Services 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. High Tech Digital Services B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of TourBrain or the associated business activities.