Article 1. Definitions
Article 3. Use of Website and Software
A User must only provide accurate, complete and current information to Trackbee. Each time a User accesses and uses the Software via the Website, it must log in with the email address and password as created upon registration.
Access to the Software shall be based on the functions, tools and capabilities of the Software chosen by User. User may upgrade or increase the functions, tools and capabilities of the Software at any time, although Trackbee shall be entitled to withdraw access to the Software at any time if User has reached certain capabilities. The functions, tools and capabilities of the Software are described on the Website, more specifically at https://www.trackbee.io. User shall owe the Fee to Trackbee based on its chosen functions, tools and capabilities of the Software.
User shall be permitted to:
upload data to the Software, more specifically to create a data link between User's e-commerce webshop and the Software;
use the Software to retrieve, organise, analyse and store the data;
download data from the Software as indicated in the Software.
Trackbee shall provide Visitors and/or Users with support limited to advice and consultations on the use of the Website and/or the Software. This support shall be provided in English and/or other languages in which the support team may communicate via the support form on the Website or via other support channels.
Article 4. General responsibilities
All Visitors and Users acknowledge and agree that Trackbee has no obligation to monitor (although it has the right to do so) and therefore cannot be held responsible for any acts or omissions of Visitors and Users in relation to the Website and/or the Software and/or their compliance with applicable laws and regulations.
All Visitors and Users are responsible for and must comply with all applicable laws and regulations regarding the use of the Website and/or the Software. Visitors and Users may not infringe the rights of third parties and/or use the identity of other companies/persons.
All Visitors and Users acknowledge and agree that Trackbee shall not be responsible for any damages of any kind, in the broadest sense of the term, material or not, suffered by natural or legal persons and which may directly or indirectly result from actions of a Visitor and/or a User during the use of the Website and/or the Software. All Visitors and Users are themselves responsible for their actions while using the Website and/or the Software.
Article 5. Special responsibilities
Visitors and Users undertake and declare the following:
have the right to represent the legal entity on behalf of which they are using the Software;
do not use the Website and/or the Software to carry out illegal acts or transactions or fraud;
do not copy or otherwise illegally use any information on the Website;
to ensure that all information provided to Trackbee is correct.
Visitors and Users undertake that while using the Website and/or Software they:
do not infringe any proprietary or personal non-proprietary rights of Trackbee and/or third parties (including intellectual property rights);
do not violate any applicable laws or regulations;
do not upload any data in violation of laws and regulations or containing viruses or other computer programmes or files;
do not interfere with the (normal operation of the) Website and/or the Software;
do not cause damage to Trackbee and/or its property.
use hacking or tampering software or tools, in the broadest sense of the word;
use any (automated) means not provided by Trackbee to access the Website and/or the Software, in the broadest sense of the word;
use the Website and/or the Software for illegal, obscene, offensive or immoral purposes, in the broadest sense of the word.
Trackbee shall not be responsible for the use of the Website and/or the Software by Visitors and/or Users. By extension, Visitors and Users shall be solely responsible for their use of the Website and/or the Software, in the broadest sense.
Users are responsible for maintaining the confidentiality of its passwords and accounts and are fully responsible for all activities that take place under their password or account. Users therefore undertake to immediately notify Trackbee of any unauthorised use of its passwords or accounts or any other breach of security.
In case of breach of one or more provisions of this article by User, User shall owe Trackbee an immediately payable penalty of€ 50,000.00 (in words: fifty thousand euros) plus a penalty of € 5,000.00 (in words: five thousand euros) for each day that the breach continues. Trackbee shall be entitled to claim additional compensation if the damage exceeds the penalty amount.
Article 6. Prohibitions
User declares and guarantees that the content of the data link between the User's e-commerce web shop and the Software in no way infringes any third-party rights, in the broadest sense of the word. User is therefore expressly prohibited from uploading data that violates the privacy of third parties. In addition, User is expressly prohibited from uploading indecent material or using the Website and/or the Software in any way that violates applicable laws or regulations or damages Trackbee's reputation in anyway.
User is prohibited from using the Software other than for professional/business use only.
Both Visitor and User are prohibited from unreasonably burdening the server hosting the Website and/or the Software, disrupting the operation of the Website and/or the Software and (attempting to) gain unauthorised access to any part of the Website and/or the Software.
Further to paragraph 3, both Visitor and User are prohibited from using bots, click-farms, false click-throughs or other automated or manual techniques to mimic, simulate or otherwise generate user activity on the Website and/or the Software with the intention of creating exaggerated or misleading user activity.
User is prohibited from modifying (the access code to) the Software, distributing it, subjecting it to reverse engineering or attempting to decipher it. User is also prohibited from selling, offering to sell and/or reselling the Software to an unauthorised third party or using theSoftware directly or indirectly for competition with Trackbee, in the broadest sense of the word.
Visitor and User declare that Trackbee is not responsible or liable for any data (including content and links) uploaded by Visitor and/or User to the Website and/or the Software and that Visitor and User use the Website and the Software at their own risk.
In case of breach of one or more provisions of this article by User, User shall owe Trackbee an immediately payable penalty of € 50,000.00 (in words: fifty thousand euros) plus a penalty of € 5,000.00 (in words: five thousand euros) for each day that the breach continues. Trackbee shall be entitled to claim additional compensation if the damage exceeds the penalty amount.
Article 8. Applicable law and dispute resolution