Terms of service

Last updated: November 1, 2024

1. Introduction

1.1 These Terms of service (the 'Terms') form a legally binding contract between the Client and the Provider (collectively, the 'Parties'), governing the provision of PrivacyDocs services (the 'Services').

1.2 The Services are provided by BISOT Advies V.O.F. (the 'Provider'), a company registered in The Netherlands, registration number 91533937.

1.3 The Services are provided to a business or other professionally operated organization (the 'Client'). The Services are not provided to consumers.

1.4 The Client is consuming the Services itself and not making the Services available to other parties.

1.5 You are a physical person ('you'), and you represent to us that you are lawfully able to enter contracts, and that you have the legal authority to enter this contract between the Client and the Provider.

1.6 By requesting the Services, you agree to bind the Client to the Terms.

1.7 The Terms take effect from the moment you access or request the Services and remain in effect for the duration of provisioning of the Services.

2. Services

2.1 The following types of Services are provided and covered by the Terms: the Document Management Service and the Consultancy Service, and the Website.

2.2 The Document Management Service

2.2.1 The Document Management Service consists of the possibility to store, access, and modify documents of the Client online.

2.2.2 The Document Management Service is provided online through the PrivacyDocs.eu website for direct use by human users via a standard web browser, to establish and maintain the Client's compliance with the EU Regulation 2016/679 (the General Data Protection Regulation, or GDPR).

2.2.3 The Document Management Service must not be used for other purposes, including but not limited to storing information unrelated to the Client's GDPR compliance, sending unrequested email or SMS messages, redistributing the service to others, or accessing the service with automated scripts.

2.2.4 The Document Management Service is requested online via the PrivacyDocs.eu website and must be paid for in advance.

2.2.5 The Document Management Service is provided in annual subscription periods, with a minimum subscription term of one year. The subscription cannot be cancelled within the annual subscription period. It is not automatically renewed and needs to be renewed by the Client for each consecutive year.

2.2.6 A system based on Artificial Intelligence (the 'AI system') is included in the Document Management Service, accessible upon request.When invoked, the AI system provides recommendations that do not constitute legal advice and should neither be treated as advice nor as an opinion or advice issued by the Provider. The Client must assess the applicability of the recommendations made by the AI system and remains responsible for any use of these recommendations. The AI system is based on an external service, and the data made available to the AI system may potentially be further used or made available to third parties.

2.2.7 When a subscription is not renewed by the Client, all Client data stored by the Provider will be deleted 90 days after the end date of the subscription.User records that are no longer associated with any Client will be deleted immediately.

2.3 The Consultancy Service

2.3.1 The Consultancy Service consists of expert advice, conducting compliance assessments (including data protection impact assessments, legitimate interest assessments, and transfer impact assessments), due diligence work, data entry, and other professional services related to GDPR compliance.

2.3.2 The Consultancy Service is provided per hour, with the minimal purchase of 4 hours.

2.3.3 The Consultancy Service is provided upon request and is paid according to the corresponding invoice sent by the Provider to the Client, within 30 calendar days.

2.4 The Website

2.4.1 The Website consists of making the PrivacyDocs website publicly available at privacydocs.eu, in the parts that are made public to anyone and do not require authentication or logging in.

2.4.2 The Website is provided for the purposes of promotion and information dissemination. The information provided on the website is for informational purposes only. No claims, promises, or guarantees are made regarding the accuracy, completeness, or adequacy of the information contained herein. Users of this website should not rely solely on the information provided and should seek professional advice as necessary. No liability is assumed for any errors or omissions, or for any actions taken based on the information provided on this website. The website is written in English by a human expert. It is then automatically translated into other languages, and these translations are checked by a human.

2.4.2 The demo version of the Document Management Service, provided through the Website, is for illustration of the document management capabilities.It does not constitute any advice or recommendation regarding compliance with the GDPR. The Provider is not liable for any damage or loss suffered by the Client or any other party, caused by the use of the data provided on the Website.

2.5 By using the term 'Services', we mean both the Document Management Service and the Consultancy Service, unless otherwise is implied by the context or explicitly stated.

3. Payment

3.1 Payment for the Services is conducted exclusively via electronic payments.

3.2 Payment for the Services is non-refundable, irrespective of the usage of the Services or the Client's satisfaction with the Services.

3.3 Payment for the Services is refundable on a pro-rata basis if the Provider fails or refuses to provide the Service entirely.

4. Liability

4.1 The Services are provided on an 'as-is' basis, without any warranties or representations. The Provider is not liable for any damages or losses arising from the use of the Services.

4.2 The usage of the Services does not guarantee compliance of the Client with GDPR.

4.3 The Client is solely responsible for the client's information provided to the Document Management Service.

4.4 The Provider does not guarantee that the use of the Services will always meet the Client's requirements.

4.5 The Provider shall not be liable to the Client for any consequences resulting from deletion of, corruption of, or failure to store any data.

4.6 The Provider shall not be liable for any failure to provide the Services due to events beyond its control, such as, but not limited to, natural disasters, war, government actions, utility failures, actions by vendors and cloud providers, or other failures (Force Majeure).

4.7 The Provider shall not be liable or responsible to the Client, nor be deemed to have defaulted under or breached this Agreement, for any failure in providing the Services when and to the extent such failure is caused by or results from acts beyond the Provider's reasonable control.Failures by third-party services, software libraries or systems, elements of computing infrastructure, or other technological artifacts used to provide the Service are also considered beyond the Provider's reasonable control, unless such failures are caused by deliberate actions or gross negligence by the Provider.

5. Intellectual Property

5.1 The Services and all related content are the property of the Provider and are protected by copyright and other intellectual property laws. Reproduction or redistribution of the services, in particular, the Document Management Service or the Website, is prohibited.

5.2 The Clients may reuse the content provided with the Services in their own documentation related to their own GDPR compliance.

6. Security and Confidentiality

6.1 The Provider will maintain reasonable measures to keep Client data and interactions with Services secure and confidential.

7. Fair Use

7.1 The Client agrees to use the Services fairly and in accordance with their intended purpose. Failure to do so may result in suspension or termination of the Services. In such cases, the fees paid by the Client will not be refunded, either fully or partially.

7.2 The Provider reserves the right to determine what constitutes fair use and may modify its fair use guidelines at any time.

7.3 The Client is liable for any losses or damage caused to the Provider or third parties due to a violation of the fair use.

8. Governing Law and Jurisdiction

8.1 The Terms shall be governed by and construed in accordance with the laws of the Netherlands.

8.2 Any dispute arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the courts of the Netherlands.

9. Language

9.1 The Terms are available in multiple languages. In case of any discrepancies in understanding, the English version shall prevail.

9.2 The Consultancy Service is available in English only.

10. Amendments

10.1 The Provider may amend the Terms from time to time. Any amendments will be effective upon posting on the Services website.