The software Application ‘Skedify’ is a Product of:
Skedify NV (Hereinafter ‘Skedify’)
Toekomststraat 132
9040 Gent
België
BTW-BE 0537.590.925
Phone: +32 (0) 471 450 170
Email: legal@skedify.co
“Application”: The proprietary computer software application Skedify, developed and provided by Skedify, that is made available to Licensee in the context of the implementation of the Agreement.
“End-User”: Any person who is using the Software in accordance with the rights as granted to the Licensee. In the case of a legal person, “End user”means the individual who uses the Software on behalf of the legal person.
“Licensee”: Any natural or legal person that purchases or intends to purchase the Software under the terms of the Underlying Agreement and entitled to make the Software available to the End-User.
The User is responsible for gathering information about Skedify and its functioning. The User declares to have gathered this information by signing this Agreement. Skedify is not responsible for faulty access to the Application caused by incompetence of the User.
The duration of End-User’s right of use is linked to the duration of the acquired license (Licensee). The right of use shall take termination upon termination of acquired license. The Licensee is solely responsible to communicate the impending termination of the right of use.
An early termination is only possible upon;
The explicit request of the End-User or the Licensee. For example, if the End-User is no longer part of the organization of the Licensee.
A termination in accordance with the provisions of “article 5.2 Remedies”.
The End-User who wishes to remove his User-account must exercise this right by means of a signed, written request to Skedify, by post or by e-mail support@skedify.co. Skedify undertakes to answer within 15 working days of your request. Skedify cannot guarantee that all data will be deleted because Skedify is required to preserve the proper functioning of our Application.
A termination of the right of use includes the deactivation and denial of access to the user-account and subsequently all services and functionalities. A termination of the right of use does not automatically imply the removal of the registered user-account and deletion of all data in your user-account. Skedify guarantees anyway to store the data for at least sixty (60) calendar days following the day of deactivation.
If the Agreement ends early for any reason, the End-User has no right to recover the sums he has already paid for the remaining months of the duration of the original Agreement.
Skedify can take all necessary and reasonable measures when the User of the End User acts in violation of the Terms, the applicable law, the rights of third Parties or general accepted rules of conduct of the Internet. Skedify preserves a large margin of appreciation to sanction a violation, in proportion to the violation. Skedify can apply a temporary or permanent limitation of access to certain functionalities or a temporary or permanent restriction from the right of use.
When acquired by the situation, the above-mentioned measures can be taken without prior warning. The User doesn’t have the right to ask reimbursements or damages for taken measures.
If the End-User finds that the action taken is inappropriate or unfounded, he must bring this to the notice of Skedify within fifteen (15) calendar days after taking the action. Skedify will take these arguments into account upon assessment without being obliged to nullify the original action(s). The User has no right to request a refund or compensation for the measures taken in any case of a termination or suspension.
Creativity merits protection, which is provided by intellectual property rights. Such rights also apply to our website and its content. Unless otherwise stated, all materials contained on or within the Application, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, ‘Skedify Content’), as well as their selection and arrangement, are protected by copyright, trademark and/or other intellectual property laws.
The intellectual property rights Skedify has enumerated also protect the content uploaded by Users and by third parties. Users have all rights on their copyrighted works. This holds true even after the upload on the Application.
By uploading content on our website, the User grants Skedify with a non-exclusive, transferable, royalty-free and worldwide license to use, reproduce, process, and communicate this content to third parties via the Application. This license is not restricted in time. This license applies to all types of intellectual property rights involved, as discussed above. The license is required to guarantee the proper technical and functional operation of our Application, and the use of that license is limited to that aim.
Skedify is only liable for any imputed serious or repeated minor contractual and / or non-contractual breach caused in the performance of its obligations under this agreement. This liability concerns the actions of Skedify’s directors, employees, legal representatives and engaged third parties. This liability is limited to direct damages resulting from the shortcomings and can never exceed the value of up to three (3) months at the registered worked subscriptions and always with an absolute maximum of € 15.
Skedify is in no way liable for any indirect damages. Indirect damages are any kind of consequential damages, lost profits, financial or commercial losses, increasing the overall costs, increased personnel costs, damages for loss of clients and / or potential. This list is only indicative and certainly not exhaustive. Skedify does not exclude its liability in case of fraud or wilful misconduct on the condition that the fraud or wilful misconduct is attributable to Skedify. The liability for bodily injury and death is excluded to the extent legally possible.
Skedify, its directors and employees are in no way liable for the actions and the resulting damages caused by its Users and/or third parties. The User is solely liable in case of an attributable contractual or non-contractual breach that compromises the liability of Skedify and/or causes damages, losses and expenses (including legal fees) in respect of Skedify. The User must take all necessary measures to indemnify Skedify from those adverse effects.