Terms & Conditions
Last modified: 6 April 2021
Carefully read these Terms and Conditions (the “Terms”) before using the Software and Services by Diffuse Tools (“Diffuse”, “we”, “us”, “our”). Diffuse Tools is a Diffuse company registered in the Netherlands. The term ‘you’ or ‘client’ efers to the user or viewer of our websites, platforms, products and/or services (“Software and Services”). If you have any questions about these Terms, please email us at firstname.lastname@example.org.
- To use our Software and Services you must be at least 13 years of age and competent to agree to these Terms. If Diffuse has previously prohibited you from accessing or using our Software and Services, you are not permitted to access or use our Software and Services.
- We have the right to change, discontinue or deprecate any of our Software and Services (or any part thereof), with or without notice. You agree that Diffuse shall not be liable for any modification, suspension or discontinuance of our Software and Services (or any part thereof).
License and account
- To use our Software and Services you must register for a Diffuse Tools account with your email address. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account.
- We may assume that any communications we receive under your account comes from you and you agree that Diffuse is entitled to rely on your instructions.
- If you open a Diffuse Tools account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use our Software and Services only for your own use (or the entity you represent). Diffuse may revoke this license at any time, in its sole discretion.
- You are responsible for properly configuring and using the Software and Services provided by Diffuse.
- If you become aware of any unauthorized use of your account you are responsible for notifying us email@example.com. You understand and agree that we may require you to provide information that may be used to confirm your identity.
- Diffuse is not liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Diffuse or a third party due to someone else using your account.
- You will ensure that all your End Users (users and/or clients of your websites, products and services) comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by an End User, you will immediately terminate such End User’s access to our Software and Services.
- You are responsible for providing customer service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide support or services.
- The content used in our Software and Services is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or by our Software and Services. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Our Software and Services contain material (including all software, design, texts, photographs, illustrations, videos, audio clips, artwork, logos and any other materials) which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction and/or unauthorized use is prohibited.
- Your use of any information or material from our Software and Services is entirely at your own risk, for which we shall not be liable.
- Unauthorised use of our Software and Services give rise to a claim for damages and/or be a criminal offence.
- From time to time our Software and Services may also include links to other websites and/or Services. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) and/or service(s). We have no responsibility for the content of the linked website(s) and/or service(s).
- We will own the rights of any ideas or suggestions you will provide us. Even if you have designated them as confidential. We will be entitled to use these ideas and suggestions without any restriction.
All users must comply with the following rules:
You may not:
- tamper with our Software or Services;
- (attempt to) hack, spam, scrape, disrupt, interfere, or overwhelm our Software or Services;
- use our Software or Services for any unlawful, criminal or fraudulent activities;
- use our Software or Services to spam;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
- post any content that violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- post any content that is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, constitutes hate speech, harassment, or stalking;
- post any personal information of minors;
- post information that contains viruses or other harmful materials;
Diffuse reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to our Software and Services. Diffuse reserves the right to report any illegal activity to the appropriate authorities.
Privacy and cookies
Limitation of liability
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on our Software and Services. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to our Software and Services.
Dutch law is applicable to all disputes that may arise or could be related to the use and the contents of our Software and Services.
If you have any questions, complaints, or claims with respect to our Software or Services, you may contact us firstname.lastname@example.org.