General terms of service
Code Cube BV is a corporation organized and existing under the laws of the Netherlands, registered in the Netherlands under company number 87293307 (at Kamer van Koophandel, Dutch chamber of commerce) whose registered office is at: Grebbeberglaan 15, 3527 VX, Utrecht, Netherlands.
Code Cube B.V. provides various SaaS products for real-time monitoring of data tracking and data analysis (collectively “services”) to registered commercial users (hereinafter called “users”).
This Agreement governs the use of the Code Cube applications and related client-end software (the “Software”), and any other services, software, data, and other materials made available through Code Cube’s services. The following Terms of Service are valid for every use of Code Cube’s services.
1.1. These Terms of Service shall apply to all services provided by Code Cube. The agreement constitutes a legal binding agreement for all of Code Cube’s services received by its users.
1.2. The user’s general terms and conditions shall not apply, unless they are approved by Code Cube through a written agreement. By using this service in any manner; including, but not limited to, visiting the site or contributing content, information, or other materials to the site, you agree to be bound by this Agreement.
2. REGISTRATION AND CONDITIONS OF USE
2.1. The use of the services requires the registration as a user. The services are offered exclusively to commercial customers, therefore the registration of private persons is not permissible.
2.2. The user is obliged to provide true, accurate, current and complete registration data, and to maintain this by promptly updating the registration data, and other mandatory disclosures including payment information, when necessary. If you provide any information that is untrue, inaccurate, not current or incomplete; or if Code Cube has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; Code Cube has the right to suspend, or terminate your account and prevent your access to potentially all of the services and, or content (or other users’ access to your content), and refuse any future use of the service (or any portion thereof), or content.
2.3. If you are entering into this agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such an entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Service; you must not accept this agreement, nor use the service.
2.4. Code Cube’s services are online services; therefore all communications including notices, or other information will be delivered electronically, or as an announcement via the user’s account. The user is obliged to ensure that emails sent to the email address specified, can be received and agrees to check his email inbox at least once each working day. The user has to ensure that the settings of his email account are set accordingly, so that Code Cube’s emails will not be sorted out by the spam filter.
2.5. There exists no right to register with Code Cube. Code Cube reserves the right to reject any registration request without stating reasons.
3. DESCRIPTION AND MODIFICATIONS OF SERVICES
3.1. Code Cube provides software as a service for real-time monitoring of data tracking, data analysis and website performance via its websites (Software-as-a-Service). These services are offered exclusively online, via Code Cube’s interface.
3.2. The functional range of Code Cube’s services complies with the current product description published on the website https://code-cube.io/ The use of the services is limited to the type of user licence.
3.3. The quality and reliability of the monitoring and alerting depends on access to the user’s tag manager container(s). Code Cube is not responsible for failing monitoring due to adjustments in user’s tag manager(s), adjustments to the website that affect the dataLayer and/or the delivery of notification emails in spam boxes.
3.4. Code Cube may enable the user to assign data fields of his data source to predefined categories. Code Cube may use these assigned data fields, in order to offer its users standardized analyses. Such analyses might be an included service of a service package, or they may be subject to a separate remuneration. Furthermore, Code Cube may use these assignments for anonymous analyses (benchmarking) across all users. Code Cube provides these benchmarks as included service of a service package, or as a separate service with additional remuneration. The user may refuse the anonymized processing of his data at any time with effect for the future. The objection can be sent as an email to firstname.lastname@example.org.
3.5. Code Cube’s services consist of complex hardware and software components. All components interact with each other and are subject to permanent change due to enhancements; changing legal conditions and security updates. Code Cube will execute any adjustment to the hardware and software components in the best technical and professional manner as possible, but cannot guarantee any uninterrupted availability of services. Code Cube guarantees an average annual availability of 98% for the service platform and services.
3.6. Code Cube’s services are partially based on software developed by third parties (e.g. analysis tools, scripting languages, query languages, database systems, etc.) and depend on such software regarding its functionalities. Code Cube has no influence on adjustments made to software from third parties. In certain cases it is possible that Code Cube will temporarily or permanently not be able to offer single functions of its own services anymore if the functionality of underlying third party software changed, or if certain functions and software can no longer be used due to security reasons. Code Cube reserves the right to adapt its services and to make any necessary changes in interest of the user in such cases.
3.7. If Code Cube will offer new services, or advanced functionalities of existing services within the duration of the agreement; then, the same terms of service shall apply to such new or extended services offered by Code Cube.
3.8. Code Cube is entitled to reasonably adjust the prices of its services due to changes in functionalities of these services at the beginning of the next term. Code Cube is obliged to announce such adjustments in pricing in written form stating the reasons for the price changes, at least 30 days prior to the next term.
4. TRIAL PERIOD
4.1. Code Cube may offer its users a cost-free and limited version of its services (“Free Trial”). This free trial is offered on a temporary basis and automatically ends after the free trial period has expired. If the user purchases a subscription to the service within the duration of the free trial period, the free trial ends with the order of the paid services.
4.2. A free trial will under no circumstances be automatically turned into a paid contract. Paid services have to be explicitly ordered by the user.
5. USER OBLIGATIONS
5.1. The user is obliged to maintain the confidentiality of his login, password and account details, and shall not disclose this information to third parties. The user is fully responsible for all activities that occur under his password or account. If the user becomes aware or believes that this personal information has been disclosed to an unauthorized third party, then he is obliged to immediately change this data.
5.2. The user is responsible; that he is authorized under the respective legislation and internal company guidelines, to provide Code Cube with access to the user’s company tag manager container(s) that Code Cube requires, in order to make the requested monitoring available.
5.3. Code Cube does not collect or store any data of the user and/or the user’s visitors and customers. Code Cube monitors specific elements within the user’s data tracking and data analysis process. It is the user’s sole responsibility to ensure the compliance with the applicable data privacy laws.
6. RIGHTS OF USE
6.1. Code Cube grants the user, and the agreed number of additional users, for the duration of the contract, a non-exclusive and limited right of use, of the purchased services to the agreed extent via Code Cube’s website.
6.2. The parties agree to grant each other the use of their logo and company name as a reference on the other party’s website, or within company presentations. Each party might decline the use of their logo and company name at any time for a specific case, or generally with effect for the future. An objection requires the written form via email@example.com.
7. BREACH OF THE TERMS OF SERVICE
7.1. In case a third party can prove that they have been violated in their rights, while Code Cube is providing its services on behalf of the user, Code Cube is authorized to terminate its services on its own behalf to avoid any liability until the legal situation is satisfactorily clarified.
7.2. Code Cube reserves the right to close the account of any user and terminate the contract, in case the user repeatedly breaches or seriously violates these Terms of Service.
7.3. The claim for fees of Code Cube persists in the case of a justified account cancellation, according to the provisions set out above.
7.4 In case of breach of the terms of service by Code Cube the user has the right to terminate the contract in writing via firstname.lastname@example.org.
8. DURATION AND TERMINATION
8.1. The duration of the booked services is determined by the offer chosen. Normally the duration is one month.
8.2. The booked services shall extend automatically by the original requested duration, unless otherwise agreed, or terminated by one of the parties in due time. In case the first contract term is more than a year, the renewal period will be one year.
8.3. The notice period for the termination of services is one month prior to the end of the contract.
8.4. Termination must be in writing; transmission via email must be sent to email@example.com. Alternatively, Code Cube may allow its users to terminate their contract via their user account.
8.5. If the user objects to a technical required change of service Code Cube has an exceptional right of termination. The user can object in writing via an email to firstname.lastname@example.org. According to 3.6. Code Cube is a pure business to business service; use and the associated legally regulated rights of withdrawal by consumers are excluded.
9. TERMS OF PAYMENT
9.1. Payment must be made monthly, quarterly or yearly, in advance; unless otherwise mutually agreed upon in an order form, or within an individual written agreement between both parties.
9.2. Code Cube shall provide the user with an electronic invoice.
9.3. If the user cannot make the payment on the agreed date, Code Cube reserves the right to temporarily deny access to the user’s account, and to discontinue the services. Code Cube is entitled to demand reimbursement of all costs and expenses arising from the delayed payment of a user (e.g. fees for chargebacks, collection expenses).
10. AVAILABILITY OF SERVICES
10.1. If the unavailability of services, or of a single service is based on intent or gross negligence on parts of Code Cube, or one of Code Cube’s agents; Code Cube cannot refer to the compliance to availability commitments according to section 3.5.
10.2. Code Cube is not responsible for nonconformity with the availability commitments according to section 3.5, if the inaccessibility is based on; force majeure, technical problems on parts of third parties that are not agents of Code Cube, or due to an illegal attack on Code Cube, or one of Code Cube’s commissioned service providers.
11. DATA PRIVACY
11.2. Code Cube creates anonymized user statistics for user-oriented design of services, error detection, and marketing purposes. The user statistics do not contain any personal data of the user, or related data from the user’s databases. The user has the right to object to the anonymized analysis of his user behaviour in written form, with effect for the future. Such objection shall be sent to email@example.com
11.3. Code Cube is obliged to automatically delete any personal data of the user at the latest 30 days after expiration of the contract unless there are legal storage periods in individual cases.
12.1. Code Cube’s employees are not authorized to make any verbal agreements with the user, which do not conform to these General Terms of Service.
12.2. If any provision of these Terms of Service is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
12.3. The laws of the Netherlands apply to this General Terms and Conditions. The place of execution is Utrecht.