PindaCaaS Terms and Conditions

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Last Updated: 5 February 2025

This website and associated API and Dashboard (collectively referred to as "Service") are owned and operated by Vivacity BV, a limited liability company registered in the Netherlands. These Terms and Conditions ("Terms") govern your access to and use of the Service. By accessing or using our Service—including any updates, modifications, or enhancements—you agree to be bound by these Terms as well as our Privacy Policy. If you do not agree with these Terms, you must not use the Service.

Article 1. Applicability

1.1 Scope

These Terms apply to every use of the Service, whether accessed via our API or through the Dashboard. By accessing or using the Service, you fully accept these Terms and the associated Privacy Policy, which describes our data collection and handling practices.

1.2 Accuracy of Information

You agree to provide accurate, current, and complete information when using our Service. You also agree to update your information as necessary to ensure it remains accurate and complete.

1.3 Modifications to Terms

We may update these Terms from time to time and will make reasonable efforts to notify you of any significant changes. Continued use of the Service after such changes implies acceptance of the updated Terms. If any part of these Terms is found to be unenforceable, the remainder will continue in full force and effect.

Article 2. API Access, Dashboard Use, and Service Availability

2.1 Access and License

  • Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business or personal purposes.
  • The Service is accessible both via the API and through the Dashboard. The Dashboard provides a user-friendly interface for managing categories, custom rules, API keys, and billing information.

2.2 API Key Security

  • Access to the API is provided via an API key ("API Key"). You are solely responsible for maintaining the confidentiality and security of your API Key.
  • You agree to use the API Key only as authorized and to immediately notify us if you suspect any unauthorized use or breach of security.
  • In the event of a compromise, you must revoke and regenerate your API Key via the Dashboard.

2.3 Usage Restrictions

You agree not to:

  • Use the Service for any unlawful, harmful, or fraudulent purposes.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service.
  • Interfere with, disrupt, or impair the integrity or performance of the Service.
  • Exceed any usage limits or quotas imposed by us, whether published or communicated directly.

2.4 Data Processing and Privacy

  • The Service processes transactions based solely on anonymized transaction descriptions and counterparty information. We do not process sensitive financial details such as account holder information, IBAN numbers, or transaction amounts.
  • You are responsible for ensuring that any data you provide complies with all applicable laws and regulations.

Article 3. Billing and Payment

3.1 Billing Process

  • PindaCaaS uses Stripe as its payment processor to manage all billing transactions for the Service.
  • Billing for the Service will be conducted on a recurring basis (e.g., monthly or annually) according to the plan you select at the time of purchase. All fees are billed in the currency indicated at the time of purchase.

3.2 Payment Terms

  • You agree to pay all applicable fees associated with your use of the Service, including any taxes or other charges that may be applicable.
  • By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (via Stripe) to charge such payment method for the total amount of your subscription fees and any other fees incurred in connection with your use of the Service.

3.3 Termination and Refunds

  • If you decide to terminate the Service, you must notify us in accordance with the termination provisions below. Termination means that the Service will not be renewed at the end of the current billing cycle.
  • No Refund Policy. If you terminate the Service, there will be no refund for any prepaid fees, and your access to the Service will continue only until the end of the current billing period.

Article 4. Disclaimers

4.1 General Disclaimers

  • The Service is provided "as is" and "as available," without any warranties, express or implied. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • We do not warrant that the technical and functional aspects of the Service will be error-free, that the Service will be uninterrupted, or that data transmission will occur at minimal latency. We do not guarantee that the servers hosting the Service are free from viruses or other harmful components.

4.2 Information and Advice

  • Any information or advice provided via the Service, including on our Dashboard, documentation, blogs, or social media accounts, is for informational purposes only and does not constitute legal, financial, or professional advice.
  • PindaCaaS is not responsible for any errors or omissions in such information or advice, or for any loss or damage incurred as a result of reliance on such content.

Article 5. Intellectual Property Rights

5.1 Ownership

  • PindaCaaS owns all intellectual property rights, trademarks, and logos related to the Service. All rights not expressly granted in these Terms are reserved.
  • Unauthorized use, copying, distribution, or creation of derivative works based on the Service or its content is strictly prohibited.

5.2 Feedback

If you provide any feedback, suggestions, or recommendations regarding the Service, you hereby assign to PindaCaaS all rights in such feedback. PindaCaaS may use your feedback without any obligation to you.

Article 6. Indemnification

6.1 Your Obligations

You agree to indemnify, defend, and hold harmless PindaCaaS, its affiliates, officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your use of the Service.
  • Your violation of these Terms or any applicable law.
  • Any breach of your representations or warranties under these Terms.
  • Any infringement or misappropriation of any third party's rights arising from your use of the Service.

6.2 Survival

The indemnification obligations set forth in this Article will survive the termination or expiration of these Terms.

Article 7. Termination

7.1 Termination by You

  • You may terminate your use of the Service at any time by notifying us and discontinuing your access to the Service.
  • Upon termination, your right to use the Service will remain effective until the end of the current billing cycle. No refunds will be provided for any prepaid fees, and the Service will not be renewed for subsequent billing cycles.

7.2 Termination by PindaCaaS

  • PindaCaaS may suspend or terminate your access to the Service at any time, with or without notice, if you breach any provision of these Terms or for any other reason in our sole discretion.
  • Upon termination by PindaCaaS, all licenses and rights granted to you under these Terms will immediately cease, and you must promptly cease all use of the Service.

7.3 Effect of Termination

  • Termination does not relieve you of any payment obligations or other commitments incurred prior to termination.
  • You must immediately destroy or return any materials or content related to the Service in your possession upon termination.

Article 8. Governing Law and Dispute Resolution

8.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of the Kingdom of the Netherlands, without regard to its conflict of law provisions.

8.2 Dispute Resolution

  • In the event of a dispute, we encourage you to contact us first to seek an amicable resolution.
  • If the dispute cannot be resolved informally, it shall be subject to the exclusive jurisdiction of the Dutch courts.

Article 9. Miscellaneous

9.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional guidelines or policies incorporated herein by reference, constitute the entire agreement between you and PindaCaaS regarding your use of the Service. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

9.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining Terms will remain in full force and effect.

9.3 Waiver

The failure of PindaCaaS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

9.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without the prior written consent of PindaCaaS. We may assign or transfer these Terms at our discretion without notice to you.