These are the general terms and conditions of Eclarion. We believe in the power of simplicity and clarity. That's why our terms and conditions are short and to the point. Do you have any questions about them? Feel free to ask us via the chat or send a message via our contact form.
If you read 'you' or 'your' in these general terms and conditions, we mean you as a client of Eclarion or as a user of our platform.
If you read "our" or "we", we mean Eclarion B.V. registered under Chamber of Commerce number 62087282 located at Nieuwstad 70 C, 6811BM in Arnhem.
These terms and conditions apply to all agreements you enter into with Eclarion, if you use Eclarion or Eclarion's API.
You can create an account online. When you do this you agree to our terms and conditions. This is how the agreement for the use of Eclarion comes into being.
Deviations from these terms and conditions can only be agreed in writing.
On our website you can read what is included in a package and what price you pay for it.
If you create a trial account you can use Eclarion for a certain period free of charge and try out all functionalities. After that period you can activate your subscription and there will be a payment obligation.
All prices are excluding VAT.
After the trial period has ended, we will ask you for your payment details and permission to collect your monthly fee by SEPA direct debit or credit card. You will always receive the invoice from us before we make the collection.
If you want to pay by bank transfer, you will receive an annual invoice.
The payment term for our invoices is 15 days.
If we are unable to collect an invoice amount or if you reverse a payment unjustly, it is possible that we charge you administration costs. To avoid this, make sure that your payment details are always correct and that your account has a sufficient balance.
Are you paying too late? Then we may also charge statutory interest and collection costs. We also reserve the right to terminate the agreement or block certain functionalities until you have paid.
It may be that we change the packages in the future or that we offer additional features for which a different price applies.
If we change the prices, we will let you know at least 3 months in advance. Do you disagree with the price change? Then you can terminate the agreement. If you continue to use Eclarion after the price change you agree with the price change.
If you pay on the basis of an annual invoice, it may be that we charge you the additional amount of the price change on the basis of subsequent calculation.
It is possible to cancel the agreement at any time. If you cancel during the month, you will not receive a refund of subscription fees paid for unused days of that month.
After the cancellation you can access your data for another three months and you have the possibility to download the data. After that we will delete your account and all user accounts linked to it. However, you can no longer add new recipes or make use of other functionalities of Eclarion.
Do you pay per year? Then you can cancel your contract up to one month before it expires. If we don't hear from you, the subscription will be tacitly renewed for another year. If you want to stop during the subscription period, you will not receive a refund of the subscription fee.
Login data is strictly personal and may not be shared with other people. You are responsible for keeping usernames and passwords secret. We advise you for account security reasons to change passwords regularly and choose a unique password that is only used for Eclarion.
In addition, we advise you to regularly download and store data elsewhere.
If you want to use the APIs of Eclarion, for example to set up a link with an external system, you must comply with the instructions and guidelines that apply. These guidelines are available at https://developers.eclarion.com/.
We are constantly expanding and improving the Eclarion platform. The documentation and guidelines can be adjusted to this. Will we adjust the guidelines and will you continue to use our API? Then by using our API you agree to the new guidelines and will comply with them.
If you do not abide by the rules of these terms and conditions and/or rules of normal internet use, we will not be liable for any resulting damage and you will indemnify us for any damage. We may also (temporarily) suspend user accounts.
We would like you to be able to work pleasantly with Eclarion. We therefore do our best to always make Eclarion work well and are always looking for ways to improve. Do you have suggestions or wishes to improve Eclarion? If so, please let us know.
We offer Eclarion as is. This means that we may change functionalities and/or it may be that at some point we no longer offer a certain component. It is also possible that Eclarion no longer works on a certain operating system or (mobile) device. We advise you to work with the latest version and update regularly.
We make every effort to ensure optimal availability and accessibility of Eclarion, but cannot guarantee that Eclarion is always available or fully available. This may be when we perform maintenance, fix bugs or make updates. We try to carry out maintenance at times when it will affect as few users as possible.
At Eclarion you can make links with external APIs. We have no control over these APIs and in case of failure it may happen that sent data is not correctly linked or gets through. We are not liable if this happens.
If you ask us support questions, we will do our best to respond as soon as possible, but we never agree on response times.
We make every effort to ensure that Eclarion is current, accurate and error-free, but we cannot guarantee this. For example, it may happen that calculations or reports you make in Eclarion contain errors. This may be the result of a system error in Eclarion, but also of incorrect information or data you entered yourself. Therefore we advise you to always check your calculations, reports and overviews before using them. If in doubt, ask an expert for advice. This could for example be a quality assurance employee.
If you fail to check and there are mistakes, you will always be responsible yourself and we cannot be held liable for any damages resulting from this. You will also indemnify us against damage if third parties hold us liable for such damage.
If something goes wrong then we would like to hear about it. Then we will find a solution.
We also prefer to solve a dispute together. Is that not possible? Then we will submit our dispute to the court in Arnhem or, if another court is competent, to this competent court. Dutch law applies to our agreement.
If you wish to hold us liable, please first send us a message in which you wish to hold us liable and give us the opportunity to repair any damage. For this, you always give us a reasonable time.
If we are liable for the damage, then the damage is always limited to the amount that you have paid or would pay to us in one year for the use of Eclarion in the year that the damaging event took place. If we are insured for the damage, the amount is limited to the amount paid out by our insurer.
We are only liable for direct damages. We are never liable for consequential damages, lost profits, lost savings or damage due to business interruption.
The above limitations do not apply if the damage was caused by intent or gross negligence on our part. You can hold us liable for up to 12 months after the claim arose. If you do this later, we are no longer liable for any damage.
If there is force majeure, we do not have to fulfill the obligations of the agreement. By force majeure we mean engaged third parties, external APIs that do not work or do not work completely, and power and/or telecommunication facilities.
If the force majeure situation lasts longer than 60 days, you have the right to terminate the subscription prematurely. We are not liable for damages. However, you will receive a refund of all subscription payments in proportion to the unused months.
We can always change our terms and conditions. We will always let you know well in advance by e-mail.
If you continue to use Eclarion after we have changed the general terms and conditions, you agree with their content.
Version: 1.1, 25 June 2021