With great care, the team of Aimy B.V. has put together these general terms and conditions. These terms and conditions apply when you use the services of Aimy B.V. This can be the use of the software (for the various subscriptions), but also related services such as workshops and trainings.
For questions regarding the terms and conditions, please contact the Aimy B.V. team using the following contact information:
Wilhelmina van Pruisenweg 35, 2595 AN The Hague
CHAMBER OF COMMERCE: 76878570
Contact Person: Daan(firstname.lastname@example.org)
In these Aimy B.V. General Terms and Conditions (hereinafter: General Terms and Conditions), the following terms shall have the following meanings
In these Terms of Service, the following terms will have the meanings described in this article (when capitalized).
- 'Customer' shall refer to any natural or legal person, as well as anyone ordering Aimy BV's Services and/or entering into an agreement with Aimy BV in the name of or on behalf of such legal person. It is hereby assumed that each natural person is at least 18 years of age;
- "Customer Data" means all content, information and data - including personal data - related to prospects, business partners, clients and/or customers of the Customer (non-restrictive enumeration) entered or uploaded by the Customer by using the Services;
- 'Demo' will refer to the demo version of the software that allows the Customer to use the software and the Services for a period of 14 calendar days, before entering into an agreement with AimyBV;
- 'Services': all services provided/to be provided and/or work performed/to be performed by or on behalf of Aimy B.V. in any way, including Software Services and Other Services;
- 'Software Services (also known as SaaS)' means all Software-as-a-Service (Software) services and related services to be made available or to be made available to Customer by or on behalf of Aimy B.V. via the Internet;
- 'Aimy B.V.': Aimy B.V., a private company with limited liability, having its registered office in Amsterdam (Chamber of Commerce under number: 76878570), or any other legal entity wishing to enter into any legal relationship,
- 'Add us': will refer to all the features - an overview of which can be found on the Website - that the Customer can order on top of the Basic Package;
- "Agreement" means any agreement and/or other type of legal relationship between the Parties regarding the provision of Services and related subjects;
- 'Working day' means a calendar day from 9:00 a.m. to 6:00 p.m., excluding weekends as well as officially recognized holidays applicable in the Netherlands;
- 'Duration' shall refer to the initial or extended duration - i.e. month or year - during which the Customer may use the Software and Services, as chosen by the Customer at the time of ordering;
- 'Company' will mean the user responsible for Managing the overall account of a company with multiple salons;
- "Company account" shall refer to the Customer's user account, which can only be accessed and used by the company owner and through which the company owner will be able to do the following: (i) use the Software and Services in accordance with the Customer's order; (ii) change configuration settings (including, among other things, the addition of Additional Services or features); and (iii) create additional accounts for Salons;
- 'Salon' will mean the user responsible for Managing the salon's overall account;
- "Salon Account" shall refer to the Customer's user account, which can only be accessed and used by the Salon Owner and through which the Salon Owner will be able to do the following: (i) use the Software and Services in accordance with the Customer's order; (ii) change configuration settings (including, among other things, the addition of Additional Services or features); and (iii) create additional employee accounts;
- 'Employee' will refer to any user of the Customer other than the Salon owner, for whom the Customer also ordered a Salon account;
- 'Employee account' will refer to the user account that a User has access to via his/her personal login to use the software and Services;
- "Access Rights": shall refer to any contractual rights to access, receive and use the Services in accordance with the technical protocols and procedures established by Aimy BV pursuant to the agreement between the parties;
- "Parties, respectively Party": Customer and/or Aimy B.V.;
- 'Customer portal' refers to the customer area of the purchased software package that is closed by means of login credentials and, after entering the appropriate data, is accessible for the customer to view and/or modify his or her software-related functionalities, data and data.
- 'Upgrades' refers to expanding the current software package by, either moving to a package with more features and users, or by purchasing add-ons.
- 'Downgrades' refers to reducing the number of features and/or users compared to the current package by, or switching to a software package with fewer features and users, or discontinuing purchased add-ons.
Aimy BV developed software for, among other things, calendar management and online bookings, customer management ('CRM'), ecommerce, personnel administration and invoicing, which it offers on the market and which can be interfaced with other third-party software solutions. The software is developed for more efficient handling of a company and its customers and enabling more efficient business operations.
Any commercial relationship between Aimy BV and the Customer will be governed by the terms of service as recorded in the present document.
By ordering the software and services or entering into an agreement with Aimy BV - even when registering for the Demo - the Customer acknowledges having read and accepted these Terms of Service and the Privacy Agreement.
The invalidity of one or more provisions of these Terms of Service or any part thereof shall not affect the validity and enforceability of the remaining clauses and/or the remainder of the provision in question. In the event of invalidity, the Parties shall enter into negotiations to replace the invalid provision with an equally valid provision in accordance with the intent of these Terms of Service. Should the Parties fail to reach an agreement, the competent court may modify the invalid provisions according to what is (legally) permissible.
Aimy BV reserves the right to modify its Terms of Service at its sole discretion by posting a change on its Website. Aimy BV undertakes to give notice to the Customer by (i) posting an announcement on its Website within a reasonable time prior to the application of the amended Terms of Service and/or (ii) through a Communication from Aimy BV.
These Terms of Service should be read in conjunction with Aimy BV's Privacy Statement and can be accessed on the Website at any time.
3. Conclusion and Duration of Agreement.
An agreement only comes into effect after an electronic confirmation of the order or at the time Aimy BV makes the Services available to the Customer.
Customer represents and warrants in each case that (i) all (registration) information entered is complete, true and correct and that (ii) it will also ensure that such information remains correct.
Aimy BV shall at all times be entitled to request additional information about the Customer, its activities or its creditworthiness. (i) Should such requested information not be provided, (ii) should Aimy BV have doubts about the identity of the Customer or (iii) should there be indications that the Customer intends to resell the Services himself, Aimy BV will be entitled to refuse or suspend the execution of the order. A refusal to provide the Services will never give the Customer any right to claim any form of compensation or damages.
The Agreement is entered into for a definite period and has an initial duration of one (1) month ("Initial Duration"), counting from the delivery date of the relevant Services. Thereafter, the Agreement will be tacitly renewed each time for a period of one (1) month, unless the Agreement is terminated by a Party with at least one (1) month's notice.
Each potential Customer will have the opportunity to use the Demo for free, after registering for it on the Website. After registration, the potential Customer will receive an email, which will contain the relevant account and the activation password.
14 calendar days after the online registration, the Demo will automatically no longer be usable. Both during the term of the Demo and upon its expiry, the potential Customer will be able to enter into a (final) agreement with Aimy BV regarding the Services. In that case, however, the conditions as described in Article 5 will have to be complied with.
Following the conclusion of the Agreement, the Customer will be granted access to the Software and the Services in the form of "Software as a Service (SaaS). Such right of access implies only a non-exclusive and non-transferable right to use the Software and the Services.
Upon delivery, the Customer is expected to perform an initial check, including the following points: number of salons and/or employee, desired software package (being easy, advanced or premium), desired add-ons (as offered on the website) billing per month or per year. The Customer is obliged to inform Aimy BV within 48 hours after delivery of any non-conformity via the helpdesk or by sending an e-mail(email@example.com).
If no complaints are communicated within this 48-hour period, the Customer is deemed to have approved and accepted the delivery.
6. Company account/ Salon account/ Employee account
The Customer will be able to access the software and use the Services through the company account and/or salon account and additional employee accounts.
The company account will be solely responsible for any use and activity of the company account.
In addition to a Company account, the Client will also receive at least one (1) additional Salon account. The number of Salon accounts corresponds to the number of the Client's Salons. Each Salon therefore has its own Salon account. The Company account determines the scope of the rights of the Salon accounts and the Company account will always remain responsible for any use of the Salon accounts.
In addition to the company account and Salon account, the Customer also receives at least one (1) additional Employee account. The number of Employee accounts corresponds to the number of employees of the Customer's various salons. Thus, each employee has its own Employee account. The Company account determines the final scope of rights of the Employee account and the Company account will always remain responsible for any use of the Employee accounts.
When a customer has only 1 salon or contracts for only 1 salon, the company account will expire and the Salon account will determine the scope of the rights of the employee account and the salon account will always remain responsible for any use of the employee account.
Each employee account (including the company account and salon account) belongs to one person only and, consequently, may not be shared with other persons. Both users of the Company account, Salon account and Employee account are advised to create a unique password, to change it regularly and/or to use double authentication.
The Customer will be solely responsible for the protection and security of the various accounts under his or her control. In this context, individual users must ensure the confidentiality of their respective account, including the confidentiality of the login data, such as the password. Consequently, they may not even disclose their login data to Aimy BV (e.g. when asking for help via the helpdesk - see Article 15). Any loss or misuse of such login data may therefore have liability consequences to Aimy BV.
Furthermore, it is strictly forbidden to:
- asking other users for their login credentials;
- logging into someone else's account;
- use the Software and Services in a fraudulent manner (e.g., using a fake account and/or providing false information is considered fraudulent use);
- impersonate another person (natural or legal) when using the Software and the Services without having obtained the necessary authorization to do so. Such action may result in civil and criminal penalties.
Customer must immediately (i) sanction any inappropriate and unauthorized use (ii) and notify Aimy BV in writing of such use and any controversial registration it notices.
Thoughtful and well-founded notification may lead to a temporary and/or permanent suspension and/or removal of the account in question. Aimy BV grants itself wide discretion to ensure the best quality of Service. In any case, Aimy BV will not be liable for any loss or damage resulting from the Customer's failure to comply with the above requirements.
The software packages are offered by Aimy BV at a fixed monthly or annual price as stated on the Website.
Prices are expressed in euros and are exclusive of VAT, unless otherwise expressly provided in this regard.
Under no circumstances does Aimy BV guarantee that it will maintain its prices for a specific period of time, as this depends on the market structure, nor does it further guarantee that it will apply the same prices in every country in which it operates. Insofar as the prices are based on the then current level of wage costs, costs of components/components, social security contributions and government charges, insurance premiums, costs of materials, exchange rates and/or other costs, in the event of an increase in one or more of these price factors, Aimy BV will be entitled to raise its prices accordingly and in accordance with legally permissible standards.
Should it indeed increase its prices, Aimy BV undertakes to notify its existing Customers of this at least one month prior to the application of the new prices via a Communication from Aimy BV.
Any commercial discounts to customary prices granted verbally (e.g., by telephone) must be confirmed in writing (e.g., on the corresponding invoice) to be valid. The Customer acknowledges that such discounts are only applicable in accordance with the guidelines and conditions expressly stated herein. Such discounts are deemed to be granted once for the initially agreed upon term. Any other practice is to be considered as a commercial gesture on behalf of Aimy BV and only applies as long as it is not revoked by Aimy BV. The Customer acknowledges that discounts (as well as any other promotional gifts) are not cumulative, are personal in nature and can never give rise to vested rights.
The Customer can order one or more Additional Add-ons and/or more extensive software packages (advanced or premium) during the Term via the admin functionalities in the Customer Portal, if he or she has the authorized account for this purpose. If the Customer orders one or more Additional Services and/or User Accounts, an additional fee will be charged on top of the price of the relevant software package.
The Customer is free to discontinue the use of one or more add-ons and/or change the software package during the Duration based on changing circumstances on the Customer's side. This can be arranged directly himself or herself through the admin functionalities in the customer portal, if he or she has the authorized account to do so. To bill user accounts to the Customer for the entire next Duration, even if the Customer no longer uses them.
Any upgrades or downgrades are made immediately and any price differences will be prorated at the end of the month. .
By ordering the Services, the Customer expressly agrees to be invoiced electronically by Aimy BV, unless otherwise agreed in writing by the parties in this regard.
Aimy BV undertakes to invoice its Customers monthly or annually - depending on the Customer's preference when ordering the Services (see Article 5) - but always before the start of the respective Term.
Without prejudice to the above, invoices related to additional Users and/or functions ordered after the conclusion of the agreement will be sent to the Customer as soon as the latter placed the respective order.
An invoice will be sent to the (electronic) address provided by the Customer when ordering the Services. The Customer undertakes to inform Aimy BV as soon as possible of any changes in this regard.
Unless expressly agreed otherwise in this regard, Aimy BV's invoices are collected automatically and in full by Aimy BV via direct debit (SEPA Direct Debit, SDD) - on the invoice date (and without any discount). To the extent that collection via direct debit is impossible, the invoiced amount must be paid within 14 calendar days from the invoice date. Payment shall be made by offsetting the associated collection costs of 0.50 euros per payment by Aimy B.V. to the Customer.
If the Customer fails to pay the amounts due within the period referred to in Article 8, then - without any further notice of default being required, and without prejudice to any other rights of Aimy B.V. - (i) the Customer will owe interest on that amount due at a minimum of three (3) percent per month, or (if higher) the statutory commercial interest rate, and (ii) Aimy B.V. will be entitled (subject to its other rights) to suspend performance of the Agreement.
9. Use of the Services.
As long as this Agreement remains in effect, the Customer may use the Software and Services within the scope of the Customer's Access Rights determined when ordering the Services. The scope of such Access Rights may incidentally also be limited or extended during the Term of the Agreement.
The Customer acknowledges that only authorized accounts may use the software and the Services and that only for the Customer's internal business purposes and in accordance with all applicable laws, rules and regulations promulgated by the relevant competent authorities. The Customer agrees that compliance with this Article is an essential basis of the Agreement.
Use of and access to the Services by the Customer assumes that he has an Internet connection and can use a modern web browser (such as the most recent version of Google Chrome, among others). If the Customer uses an outdated web browser, he may not be able to use all the functions of the Services or these functions may not work optimally.
The Customer shall be fully responsible for both compliance with these Terms of Service and for the acts and omissions of all users using the Software and the Services through the company account, salon account and/or an employee account. The Customer shall grant only the employee accounts, salon accounts and/or company account access to the software and the Services as well as to the Documentation nor shall it allow others to use it.
10. Intellectual property
The Customer expressly acknowledges that Aimy BV is and shall remain the sole owner of the Software and Services and/or other related intellectual property rights. All such rights and all goodwill are and shall remain vested in Aimy BV.
Customer is and will remain entitled to all intellectual property rights and powers in respect of all Customer's data and information. Aimy B.V. and its Suppliers, respectively, are exclusive right holders to all parts of its Services (and related intellectual property rights), including the technical information, codes, documentation, functionalities, and related data, information and knowledge therein. Customer obtains on the Services exclusively non-transferable, non-exclusive and royalty-free right to use the Services for a definite period of time to use the Services in the normal course of Customer's business (hereinafter collectively referred to as"=>""Right of Use"). Customer does not acquire any other (use) rights and/or other powers thereon, unless explicitly otherwise described in these General Terms and Conditions, any Agreement, and/or unambiguously confirmed in writing by Aimy B.V. to Customer.
Said Right of Use includes only the right to load and perform the Services for a certain number and type of users and use for which the Right of Use has been granted. Aimy B.V. is permitted to take technical measures (such as, inter alia, module and/or user keys) to protect the Services and related rights etc. For Services which Aimy B.V. has not generated and/or developed and therefore belong to the Supplier, the terms and conditions of the aforementioned Supplier apply.
With respect to Services which Aimy B.V. has generated and/or developed itself and which therefore do not belong to the Supplier, Aimy B.V. indemnifies the Customer against claims from third parties in respect of those Services solely on account of an (alleged) infringement of an intellectual property right applicable in the Netherlands, provided that the Customer (i) notifies Aimy B.V. in writing forthwith of the existence and substance of the claim, (ii) grants Aimy B.V. the necessary and adequate cooperation, (iii) leaves the handling of the case in question to the Supplier, and (iv) agrees to the Supplier's sole discretion.V. in writing forthwith about the existence and substance of the claim, (ii) will provide Aimy B.V. with the necessary and adequate cooperation, (iii) will leave the handling of the case in question to Aimy B.V, and (iv) if necessary, will grant adequate powers of attorney to Aimy B.V. to defend against the claim, if necessary in Customer's name. The foregoing indemnification shall lapse (i) if and to the extent the relevant breach relates to any modification made to the Services by anyone other than Aimy B.V. and/or (ii) if the relevant breach is not otherwise attributable to Aimy B.V..
In the event of the aforementioned third-party claims, Aimy B.V. may, if necessary, replace or modify the Services or any part thereof, or, if such replacement or modification does not, in all reasonableness, ward off these third-party claims and only in the extreme case, terminate the Agreement in whole or in part, in which case Aimy B.V. will refund the Fee(s) already paid by Customer for Services not yet performed on a pro rata basis.
Any agreement entered into between Aimy BV and the Customer regarding the use of the Software and Services will have a specified duration of one Month or one Year, depending on the preference of the Customer when ordering the Services.
The Duration will be automatically tacitly extended by one month or one year, if the agreement is not terminated by the Customer no later than 15 calendar days before its expiration, which will entitle Aimy BV to invoice the Customer for the extended Duration.
The Customer may terminate the Agreement by using the admin functionality within the Customer Portal or by written notification by email to firstname.lastname@example.org:
(i) at any time and for any reason, as long as the cancellation is made no later than 15 days before the end of the Term.
Any termination by the Customer less than 15 calendar days before the expiry of the Duration will be of no avail, since in that case the Agreement will be automatically extended (see Article 14). Consequently, the Customer will be obliged to pay the invoice for the extended Duration, even if the Customer has no intention of continuing to use the Software and Services;
(ii) if he cannot agree to any of the following circumstances (without this enumeration being intended to be restrictive) and if such termination occurs within 30 calendar days of being notified by Teamleader: (i) a change in the Services Offering that causes a significant disadvantage to the Customer; (ii) a change made by Aimy BV to these Terms of Service (see Section 2) or (iii) price adjustment announced by Aimy BV (see Section 9). Under no circumstances will this entitle the Customer to claim any damages or compensation from Aimy BV;
Prior to such cancellation by the Customer but in any case prior to deactivation by Aimy BV, the latter is obliged to export the Customer Data using the available export solutions.
Barring intent or gross negligence on the part of the management of Aimy B.V., Aimy B.V. will not be liable for any damage suffered by the Customer as a result of any act and/or omission on the part of Aimy B.V., except for any direct damage due to an attributable failure on the part of Aimy B.V.. The damages payable by Aimy B.V. in relation to the Services will never exceed the Fee invoiced by Aimy B.V. to the Customer in this respect, excluding VAT, over the six (6) month period immediately preceding the event giving rise to the damage. Direct damage as referred to in this article means damage, with the exception of indirect damage such as (among other things) consequential damage, loss of profit, missed savings, damage due to business stagnation and damage due to damaged or lost data. If and insofar as any damage is caused by Aimy B.V.'s attributable failure to fulfil its responsibilities due to intent or gross negligence on the part of Aimy B.V.'s management, Aimy B.V.'s liability will be limited at most to an amount of EUR 25,000 (fifty and twenty thousand Euros) per event, whereby a series of related events is deemed to be one event.
Any right of Customer to compensation shall only arise if Customer has given written notice to Aimy B.V. within thirty (30) days, or immediately after Customer could reasonably discover the occurrence thereof.
Aimy B.V. shall not be liable for any failure to perform, in whole or in part, any obligation of and/or on behalf of Aimy B.V. under the Agreement, if the failure in question is not due to (or the result of) its fault, nor comes for its account pursuant to law, legal act and/or generally accepted views (foreseen or unforeseen) and which Aimy B.V. cannot otherwise be held liable for. Such a situation will include any shortcoming (whether or not attributable) of Supplier(s) of Aimy B.V..
14. Personal data and privacy
14.1 Each Party shall treat all information of a confidential nature that it obtains from the other Party, including with respect to commercial, strategic, financial, technical and/or other data, information and/or knowledge related to that other Party, as strictly confidential and shall not disclose it to third parties. Such information shall in any event be considered confidential if it is designated as such by one of the Parties. Parties are mutually bound to take adequate (precautionary) measures in order to keep such confidential information secret.
14.2. The provisions of Article 14.1 may be departed from only if (i) such information is disclosed with the prior, written consent of the other Party and/or (ii) such information is required to be disclosed in compliance with a ruling of a judicial authority to that effect, in which case the Party compelled to disclose shall give prior notice to the other Party and shall take such steps as the other Party may reasonably require to minimize the disclosure and protect the confidentiality of such information to the fullest extent possible.
14.3 The Software Services run on a virtual server at Microsoft, also known as Azure cloud server. During the term of the Agreement the Customer is responsible for the (personal) data made available by the Customer to Aimy B.V., and for the use thereof by Aimy B.V. within its normal business operations. Insofar as any personal data of Customer, Aimy B.V. and/or third parties are involved, such data will be processed in a proper, careful and secure manner within the limits of statutory requirements and the legitimate objectives of Aimy B.V. and Customer respectively. Outside the normal business operations of one Party, such Party will not otherwise process any personal data and/or provide such data to third parties except with the prior and unambiguous consent of the other Party and/or to the extent otherwise required by law. Each Party shall ensure its own appropriate measures to secure personal data against loss or against any form of unlawful processing.
14.4 In the event of a breach of the security of personal data that leads to a significant chance of adverse consequences, or has adverse consequences, for the protection of personal data, Aimy B.V., will, to the best of its knowledge, make every effort to inform the Customer of this as soon as possible. Aimy B.V. shall make every effort to the best of its knowledge to report the information provided to Customer completely, correctly and accurately.
15. Support - Helpdesk
Should the Customer need help or have a question about the Software and the Services, they are advised to first take a look at Aimy BV's 'Support' page.
Should the information he can find there not help him, he can contact Aimy BV's customer service team free of charge. Aimy BV's customer service team will be available Monday to Saturday from 8:00 a.m. to 8:00 p.m. (CET) by e-mail (email@example.com), chat functions on the website (www.meetaimy.com) and telephone, except on official leave days and substitute leave days for official leave days that fall on a weekend.
The customer service team will do its best to further assist the Customer as soon as possible after receiving the support request.
Costs incurred as a result of unjustified complaints and/or investigations will be borne by the Customer.
16. Availability, regular maintenance and updates
Aimy BV offers its Customers the possibility to check at any time, live and in real time the availability of the Services via its Website. Should any problems arise with the availability of the Services, Aimy BV undertakes to use its best efforts to resolve the problem as soon as reasonably possible, without however giving any guarantee in this respect. In each case and where appropriate, Aimy BV will be free to determine, what, if any, may be considered an appropriate remedy or compensation in this regard with respect to its customers.
Aimy BV intends to keep the quality of the Software and/or the Services high by performing maintenance activities and implementing updates on a regular basis. Aimy BV undertakes to minimize the impact of such maintenance activities and updates on the availability of the Software and the Services, but does not exclude any downtime in this respect. In any event, Aimy BV will use its best efforts to inform the Customer in due course, unless this would be impossible or unhelpful.
The above cannot constitute grounds for claiming any compensation from Aimy BV.
17. Changes to the Services.
Aimy BV has the right to change the offer and composition of its Software packages and Services at any time. Where applicable, Aimy BV will inform the Customer of such change within a reasonable period of time prior to the change via (i) a notice on the Website, the Software and/or (ii) a Personal Notice from Aimy BV.
18. Force majeure/'hardship'
Aimy BV cannot be held liable for failure to fulfill any of its obligations if this is due to force majeure or "hardship".
Usual events considered as cases of force majeure or "hardship" include, inter alia, the following: all circumstances which, at the time the agreement was entered into, were considered reasonably unforeseeable and unavoidable, and which prevent Aimy BV from performing the agreement, or which make the performance of the agreement more difficult, financially or otherwise, than what would normally have been the case (including o.a. war, natural disasters, fire, seizures, delays by or bankruptcy of third parties relied upon by Aimy BV, staff shortages, strikes, organizational circumstances and threats or acts of terrorism).
The aforementioned situations give Aimy BV the right to revise and/or suspend the agreement by simple written notice to the Customer, without being liable to pay any compensation. If the situation of force majeure and/or hardship persists for more than 2 months, Aimy BV has the right to terminate the agreement (see Article 15).
19. Applicable law and jurisdiction
All issues, questions and disputes relating to the validity, interpretation, enforcement, performance or termination of this agreement shall be governed by and construed in accordance with the provisions of Dutch law.Applicability of the Vienna Sales Convention 1980 is excluded.
Aimy B.V. reserves the right to subcontract and/or transfer all or part of its rights and obligations under any Agreement. Except as otherwise provided in the Agreement, Customer is not entitled to cancel and/or dissolve and/or transfer an Agreement (in whole or in part).
Amendments or additions to the Agreement or these General Terms and Conditions shall only be effective to the extent expressly agreed in writing between Customer and Aimy B.V., except as otherwise provided in the Agreement or these General Terms and Conditions.
All disputes arising from the General Conditions and Agreements and/or their performance and/or related thereto shall be submitted exclusively to the competent court in Amsterdam.