Terms and Conditions

We are We Adapt B.V. (“We Adapt”). We offer a web-based Software as a Service (SaaS) platform (hereafter: “Platform”). Via the Platform, registered users can create and distribute dynamic or data-driven video ads. We also offer a “Support Desk”, available for (technical) support and where bugs, downtime, or other interruptions on the functionality of the Platform can be reported. The Platform and the Support Desk shall hereafter also be referred to as “Services”.

These general terms and conditions (the “Terms”) apply to the relationship between We Adapt and its users (“Users”), and to any and all use of our Services.

1 Definitions

1.1 We Adapt: We Adapt B.V., a private company with limited liability incorporated under the laws of The Netherlands (besloten vennootschap met beperkte aansprakelijkheid), having its registered seat in Amsterdam, and having its registered office at Kerkstraat 257, 1017 GW Amsterdam, registered with the Dutch Trade Register (Handelsregister) with number 66174910 (hereafter also: “we” and “us”).

1.2 Account: personal account that every User gets after registration. Through the Account, User can use the Platform.

1.3 Confirmation of Order: the agreement between us and (the employer of) User in relation to the use of our Services. These Terms are inextricably linked to and form an integral part of the Confirmation of Order.

1.4 User: an individual private person or legal entity (company) making use of our Services.

1.5 Service Level Terms: the service level terms in which all service related subjects regarding the Services are regulated. These Terms are inextricably linked to and form an integral part of the Service Level Terms.

1.6 Website: the website of We Adapt, www.weadapt.digital.

2 Access and use personal account

2.1 After registration, We Adapt provides User access to our Platform and to our other Services.

2.2 User agrees to provide complete and accurate information for all intended use of the Platform. User also agrees to provide us with accurate and complete contact details so that we can contact User if needed.

2.3 User is solely responsible for the confidentiality of the password and login name which provide access to our Platform and Services.

3 Offers and quotations

3.1 All offers and quotations of We Adapt are non-binding, unless agreed otherwise.

3.2 An offer or quotation is based on a specific request and only applies to the specific underlying assignment. No rights can be derived from an offer or quotation for a future assignment or Confirmation of Order.

3.3 We Adapt may assume that the information provided by User is correct when setting up the quotation.

4 Fees

4.1 User gets access to the Platform against the fees as agreed between We Adapt and User in the Confirmation of Order.

4.2 Fees are excluding VAT and other government levies, unless agreed otherwise.

4.3 All costs related to the conclusion of the Confirmation of Order are born by User.

4.4 If User does not pay within the payment period listed on the invoice, User shall immediately be in default without any notice of default being required. In that case User shall owe statutory default interest at the same rate as the statutory rateof commercial interest applying at the time. The interest shall be calculated as of the moment that User is in default up to the moment User has paid the sum in full.

5 Privacy

We Adapt respects the privacy of its User and Users. We comply with the General Data Protection Regulation (Algemene Verordening Gegevensbescherming) (the “GDPR”), which has replaced the different national privacy laws of EU member states as per 25 May 2018. When User makes use of our Platform or other Services, we will collect certain personal data. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our privacy policy here: https://weadapt.digital/privacy-policy/

Intellectual Property

5.1 We Adapt is the exclusive owner of all intellectual property rights vesting in and relating to our Platform, such as – but not limited to – designs, design applications, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (“Intellectual Property Rights”). We Adapt is also the exclusive owner of all Intellectual Property Rights vesting in and emanating from the other Services and information offered to User, among other things but not limited to: the Website, templates, the SaaS-software and other files and materials.

5.2 We Adapt grants its Users a personal and non-exclusive license to access and use the Platform and our Services. We Adapt grants certain Users the right to let their employees access and use the Platform and Services, in case this is specified in the Confirmation of Order. Besides the aforementioned, the license granted to Users is non-transferable and non-sublicensable. Users are not allowed to sell, distribute, sublicense or access the content of the Platform and other Services in any other way.

5.3 User does not transfer its intellectual property rights as vesting in and related to the content as imported and created by the User in the course of the use of the Platform and Services to We Adapt, unless specifically agreed upon by parties.

6 Confidentiality

6.1 We Adapt and User will keep all information that they exchange confidential, unless a legal obligation occurs. Information is considered confidential if this results from the nature of the information or if the information is explicitly designated as confidential by We Adapt and/or User.

6.2 We Adapt and User shall not use any information in a different manner than necessary for either use of the Platform by User or the offering of the Services by We Adapt.

7 Liability

7.1 We Adapt cannot be held liable for damages resulting from your use of our Services or for any shortcoming in relation to the Confirmation of Order. This includes (but is not limited to) loss of profits, business, data or information or for any remote, incidental, indirect, special of consequential damages.

7.2 If We Adapt is liable, for any reason, the liability will be limited to an 50% of the invoice price of the Confirmation of Order with User.

7.3 The liability of We Adapt is in any case limited to the amount the insurance company of We Adapt will disburse in that specific case.

7.4 We Adapt is never liable for:

(i) The actions or inactions of other Users or Users;

(ii) the situation where Users mobile device is stolen and any third party subsequently makes use of User’s Account;

(iii) any damage that occurs due to the fact We Adapt assumed incorrect or incomplete information of User;

(iv) failure to meet any of the obligations of We Adapt under these Terms where such failure is due to events beyond the control of We Adapt (for example a network failure);

(v) any damage or alteration to User- or User’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the use of the Platform or our Services.

8 Miscellaneous

8.1 User cannot transfer his rights and obligations to third parties under these Terms.

8.2 We Adapt can assign and/or transfer all rights and obligations in these Terms in the event of a merger, acquisition or sell of assets, by law or otherwise.

8.3 The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

8.4 We Adapt reserves the right to change these Terms. When we change these Terms in a significant way, we will notify our Users via our Platform and/or via mail and request them to accept the updated Terms before they can continue to use our Platform and other Services. By continuing use the Platform, Website and/or our Services after such notification, Users acknowledge the most recent version of these Terms.

8.5 If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.

9 Applicable law and jurisdiction

9.1 These Terms and all Confirmation of Orders between We Adapt and its Users shall be governed by and construed in accordance with the laws of the Netherlands.

9.2 All disputes resulting from or arising in connection with these Terms and other Confirmation of Orders between We Adapt and its Users shall be exclusively submitted to the competent court of Amsterdam, the Netherlands.

10 Complaints, comments and suggestions

We Adapt strives to provide an optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us via the contact details below or the contact form on our Website, which you can find here: https://weadapt.digital/contact/. We usually reply to messages within 3 working days.

11 Social platforms

By using social integrations in the Platform, Users agree to accept the terms of service and privacy policies from the social platforms. Access can be revoked at any time by using the links provided below.

If you have questions about use of authorized data by the Platform or if you want request data to be deleted from the Platform, please contact us at contact@weadapt.digital.

YouTube

Terms of Service: https://www.youtube.com/t/terms
Privacy Policy: https://www.google.com/policies/privacy
Revoking authorization: https://security.google.com/settings/security/permissions

Facebook

Terms of Service: https://www.facebook.com/legal/terms
Privacy Policy: https://www.facebook.com/privacy/explanation
Revoke authorization: https://www.facebook.com/settings?tab=applications

We Adapt B.V.
Kerkstraat 257
1017 GW Amsterdam
The Netherlands

E-mail: contact@weadapt.digital
Chamber of Commerce (Kamer van Koophandel) number: 66174910
VAT number: NL856427834B01