Terms of Service

Terms and Conditions for bettercollected.
Updated: 11 May, 2023.

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Better Collected website, services, and applications (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

2. Eligibility

To use the Services, you must be at least 13 years old and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. User Accounts

To access certain features of the Services, you must create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your account or any other breach of security.

4. Acceptable Use

You agree not to use the Services in any way that is unlawful, harmful, or otherwise violates the rights of others. You also agree not to interfere with the proper functioning of the Services or engage in any activity that disrupts, diminishes the quality of, or impairs the performance of the Services.

5. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Better Collected or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works of the Services without our prior written consent.

6. Third-Party Links and Integrations

The Services may contain links to third-party websites or services or allow you to integrate with third-party form providers. We are not responsible for the content or privacy practices of these third parties, and you access and use such websites, services, or integrations at your own risk.

6.1 Microsoft Clarity

By using our website, you consent to the collection and processing of your data by Microsoft Clarity, a web analytics service provided by Microsoft Corporation. You acknowledge and agree that Microsoft Corporation may use this data to analyze your use of our website, compile reports on website activity for us, and provide other services related to website activity and internet usage.

Please refer to our Privacy Policy for more information about Microsoft Clarity, the data it collects, and how you can opt-out.

7. Fees and Payment

Some features of the Services may require payment of fees. You agree to pay all applicable fees for the Services you purchase, and you authorize us to charge your chosen payment method for such fees. All fees are non-refundable, except as required by law or as otherwise stated in these Terms.

8. Termination

We may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Services will immediately cease.

9. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranties or representations regarding the accuracy, reliability, or completeness of the Services.

10. Limitation of Liability

In no event will Better Collected, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Services, whether in an action for breach of contract, negligence, or other tortious action, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Better Collected, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in The Netherlands to resolve any legal matter arising from these Terms.

13. Changes to the Terms

We reserve the right to modify these Terms at any time. If we make material changes to the Terms, we will notify you through the Services or by other means, such as email. Your continued use of the Services after any changes to the Terms become effective constitutes your acceptance of the updated Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, along with any applicable Privacy Policy and other agreements you may enter into with Better Collected in connection with the Services, constitute the entire agreement between you and Better Collected concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Better Collected with respect to the Services.

16. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at info at bettercollected.com.