1.1. By accessing the internet site located at eykdata.com and all subdomains (the Site) and/or using any services provided by Eyk B.V., office located at Stationsplein 45, 3013AK, Rotterdam The Netherlands, EU (Eyk) on the Site as detailed in Section 2 below, you agree to the following Terms and Conditions (the Terms and Conditions). The Terms and Conditions set forth the legally binding terms and conditions which apply to your use of the Site and Services. You must accept these terms as a binding agreement between you (if you are acting as a natural person) or your business (if you represent the business entity) and Eyk (the Agreement) before you use the Site or the Services.
1.2. The Terms and Conditions may be amended by Eyk at its sole discretion. Eyk will post a notice on the Site any time the Terms and Conditions have been changed or otherwise updated. It is your responsibility to review the Terms and Conditions before using the Service and to reread them whenever you receive notice that the Terms and Conditions have been updated. If at any time you find the Terms and Conditions unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
1.3. By using the Service, you represent that you are at least 18 years old, that you are legally able to use the Service, and will use the Service solely for your business purposes. If you are under the age of 18 years old, you represent that you are at least 16 years old and that your parent or legal guardian consents to your use of the Service.
2.1. Eyk will make the Service available to Customer in accordance with the Order and during the term and hereby grants to the Customer a non-exclusive, non-transferable, non-sublicensable right to permit users to remotely access and use the Service. Eyk offers its customers various subscription plans (the Subscription Plans) with different corresponding features. For more details on Eyk’s basic subscription plans, please visit our Pricing Page. We may also individually agree on specific pricing and other terms with certain customers.
2.2. The Site and the Services are solely directed at the business customers. Nothing in the Terms and Conditions is or may be deemed to be an offer to or an agreement with a consumer. No consumer-related laws or legislation applies to the Terms and Conditions or the Service.
3.1. Customers must register to use Eyk’s Services.
3.2. If you represent a business entity when registering with Eyk, you declare that you have the authority to bind the such business entity and that your acceptance of the Terms and Conditions will be treated as acceptance by that business entity.
3.3. When you register, you agree to (a) provide accurate, current, and complete information about you and a business entity you represent; (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for the use of the Service; (c) maintain and promptly update any information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at support@eykdata.com.
4.1. Subscriptions to Eyk’s Services may begin with a free trial period during which you can try out the Services for a period of fourteen (14) days unless otherwise agreed between you and Eyk (the Free Trial Period).
4.2. Though you may not be required to enter your billing information to sign up for the Free Trial Period, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends. If you have not provided billing information by the time the Free Trial Period ends, you will lose all access to the Services.
4.3. Eyk reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
5.1. Term
5.1.1. The standard Eyk Subscription Plan term is annual. Longer terms may be agreed upon by Customer and Eyk.
5.1.2. At the end of the Subscription Plan term, your Subscription Plan will automatically renew for an additional Subscription Plan term until explicitly canceled by you. Cancellation must be effected at least thirty (30) days before the end of the Subscription Plan term.
5.2. Subscription agreement
In relation to the Subscription Plan, a written subscription agreement (Order) may be executed between you and Eyk, which together with the Terms and Conditions will form a binding Agreement between you (or the business entity you represent) and Eyk. The Order shall be signed in two counterparts, each of which shall be deemed an original and which shall together constitute one Order. An Order may also be executed electronically. Signatures sent by electronic means (facsimile or scanned and sent via email, or signed by electronic signature service where legally permitted) shall be deemed original signatures.
5.3. Subscription changes
You may upgrade your Subscription Plan to any other Subscription Plan that Eyk is offering at any time during your Subscription Plan term. In the event of changing your Subscription Plan to a lower Subscription Plan (downgrading subscription), you will be charged based on your downgrading Subscription Plan after your previous Subscription Plan ends. If you change your Subscription Plan to a higher paid Subscription Plan (upgrading subscription), your current Subscription Plan will be changed immediately and you will be additionally charged based on the Subscription Plan you choose to upgrade to, and on the time of your billing period.
5.4. Prices, billing, and payment
5.4.1. Prices shown on eykdata.com exclude VAT or any other Sales taxes. If a Buyer is registered in the EU, he has to indicate the VAT number, and based on the Buyer’s country, the appropriate VAT charges will be included in the total price. If a Buyer is registered in the USA, he has to indicate the ZIP code, and based on the Buyer’s location, the appropriate Sales taxes will be included in the total price.
5.4.2. All fees are stated in Euros or U.S. Dollars.
5.4.3. Payment is due in advance at the start of each billing cycle and is non-refundable. Your billing cycle starts on the day after the expiration of the Free Trial Period. Payment fees will be automatically charged until explicitly canceled by you. There will be no refunds or credits for partial periods of Service, upgrade/downgrade refunds, or refunds for months unused.
5.4.4. After entering into the written subscription agreement (Order), and as agreed by both parties in the written subscription agreement (Order), such payment is due in advance at the start of each billing cycle. Payment fees will be automatically charged until explicitly canceled by you. Cancellation of written subscription agreements (Orders) must be effected at least thirty (30) days prior to the next payment is due. All fees paid prior to thirty (30) days notice are non-refundable.
5.4.5. Eyk may unilaterally change the fees for the Services at any time or impose additional fees or charges. Such changes will be effective after thirty (30) days after notice of our new fees. Fee changes will be effective for the next billing cycle of your Subscription Plan. If you disagree with the changed fees, you should cancel your subscription before the new billing cycle. If you upgrade or downgrade to a new Subscription Plan, you will be charged at the then-current rate for such Subscription Plan, as provided in the Pricing Page, unless agreed otherwise by you and Eyk. Eyk also reserves a right on each anniversary of the subscription to increase the fees applicable to the Customer.
5.4.6. As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Subscription Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
5.4.7. You acknowledge that the amount billed for each renewal period may vary due to promotional offers (the discounts offered for the first billing cycle will not apply to the next billing cycle), changes in your Subscription Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
5.4.8. Payment confirmation is sent no later than five (5) days after the payment has occurred. It is sent to the email indicated while registering. Invoices are formed following standard rules.. If you want your payment confirmation to be sent to a different email or If you need some additional information to be included in the invoice, please email support@eykdata.com.
5.4.9. We reserve the right to deactivate your access to the Services for failure to pay applicable fees as indicated in the Terms and Conditions.
6.1. Use of the Service includes collecting information from a variety of data sources and storing that in a variety of data destinations (individually the Data Source or Destination, collectively the Data Sources and Destinations). The list of Data Sources and Destinations contains examples of the types of Data Sources and Destinations you may connect to Eyk Service. Some of these are supported now, and others are planned for future versions of the Service. The available Data Sources and Destinations are selected by Eyk at its sole discretion, and Eyk reserves the right to select, discontinue and change such available Data Sources at any time.
6.2. Subject to any restrictions specified herein, you are permitted to connect Data Sources and Destinations that are owned by you or otherwise under your management and control to your Service account. In addition, you may connect Data Sources and Destinations that you do not own, provided that you have received permission from the person or entity that owns or otherwise has management and control of that Data Source or Destination. By connecting a particular Data Source or Destination to the Service, you represent and warrant to Eyk that the Data Source or Destination is either (a) owned by you or otherwise under your management or control; or (b) you have received permission from the person or entity that owns or otherwise has management or control of that Data Source or Destination to connect it to your use of the Service.
6.3. Eyk assumes no liability whatsoever (a) if, due to any reasons other than the fault of Eyk, the Data Sources and Destinations (or any of them) are not available; or (b) for the accuracy of any data collected from the Data Sources.
6.4. You are solely responsible for ascertaining that you have the right to use the Data Source for collecting, storing and processing any such data by using the Service. You must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service.
7.1. Content
7.1.1. You are legally responsible for all information, data, text, software, or other materials entered into the Eyk Service and the chosen Data Destination, including the data received from the Data Sources and the data entered by you to the Data Destination directly, as well as data uploaded, posted, stored and/or shared online in connection with your use of the Data Destination or the Services (the Content). Eyk is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services.
7.1.2. Eyk does not publish or otherwise use your Content, except to the extent required to provide you the Services. To provide you the Services, for legal purposes, Eyk has to get a limited right to your Content. Therefore you hereby grant Eyk, its affiliates, officers, directors, employees, agents, and representatives a worldwide, perpetual, royalty-free, non-exclusive, and limited license to use the Content solely to enable your use of the Service, including without limitation the right to store, copy, transmit, display, reproduce, edit, and reformat your Content for the purposes defined above.
7.1.3. You represent and warrant that you own the rights to the Content or are otherwise authorized to enter, post, display, perform, transmit, or otherwise use the Content.
7.2. Confidential Material
7.2.1. You own your Content, and we treat it as confidential information. Eyk neither discloses nor communicates in any way to any third party any of your Content unless Eyk is obliged to disclose such information by law, of which then we will notify you in writing as soon as possible.
7.2.2. You are responsible for your use of the Services, for any Content, and for any liability deriving from using the Content that violates the confidentiality or privacy interests, or makes unauthorized disclosure of proprietary business information or trade secrets of you, the business entity you represent or any third party.
7.2.3. Eyk does not publish or otherwise use your Content, except to the extent required to provide you the Services. However, you are solely responsible for the confidentiality of the Content (if applicable), and Eyk bears no responsibility for maintaining the confidentiality of the Content, even in cases if the Content is marked as “private,” “unpublished,” “confidential,” or otherwise.
7.3. Compliance
7.3.1. You represent and warrant that the Content does not violate or infringe any rights of any third party, including, without limitation, contractual rights, copyrights, trade secrets, proprietary business information concerning processes and systems, and rights of privacy. You acknowledge and agree that no other persons, parties, or entities have or have any right, title, or interest, including copyright, in or to the Content, or that in the event other persons do have such right, title or interest, that you are duly authorized to use their Content in connection with your use of the Service. The Eyk privacy policy is applicable to all your usage of the services.
7.3.2. You are strictly and solely responsible for compliance with all laws, legal regulations, agreements, procedures, or other obligations related to the Content, including, but not limited to, those relevant trade secrets, non-disclosure, proprietary business, personal data processing, including the international transfer of personal data, and protection of images. The Eyk data processing agreement is applicable to all your usage of the services.
7.4. Restricted Content
You shall not make the following types of Content available. You agree not to enter, upload, download, display, perform, transmit, or otherwise use in relation to Eyk’s Site or Services any Content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) discloses personal health information. Eyk reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service and, if applicable, to delete any such material from its servers. Eyk intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms and Conditions or of any applicable laws.
7.5. Comments
Any questions, comments, suggestions, ideas, feedback, or other communication provided by you to Eyk (the Comments) will not be treated as confidential by Eyk, and you hereby give Eyk permission to reproduce, display, edit, publish or otherwise use such Comments as Eyk deems appropriate, for any and all commercial and/or non-commercial use, at Eyk’s sole discretion.
8.1. Eyk’s intellectual property
8.1.1. Eyk® is a registered trademark and is protected by laws. We do not authorize you to use “Eyk” or any similar or related marks for any use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Eyk.
8.1.2. Any and all individual elements within the Site or the Service, including, without limitations, the trademarks, logos, names, texts, infographics, pictures, drawings, databases, and any other material included by Eyk or contained on the Site, and the layout and design of the Services and the Site are exclusively owned by Eyk.
8.1.3. Nothing contained on the Site, in the Terms and Conditions, or otherwise should be understood as granting you a license to use any intellectual property owned by Eyk or by any third party. You agree not to copy, modify, display, mirror, frame, or otherwise use any of the above without the prior explicit written consent of Eyk, except for cases explicitly permitted by the Terms and Conditions.
8.1.4. Further, you hereby agree that any and all Data Models created by combining your Content with the Service will not be considered to be works of joint authorship or derivative works from your Content.
8.2. Marketing & Promotion
You hereby grant to Eyk a perpetual, irrevocable, non-exclusive, royalty-free, worldwide right and license to use your name and logo or both (or the name and logo of the business entity you represent, as the case may be) in customer lists that may be published as part of Eyk’s marketing and promotional efforts.
8.3. Feedback
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (the Feedback) are non-confidential, and you hereby grant to our subsidiaries and us, and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use your Feedback for any purpose without compensation or attribution to you.
9.1. Your right to use the Service is personal (i.e., granted to you or the business entity you represent), limited to your internal business purposes, non-transferable, non-exclusive, revocable, and subject to your compliance with the Terms and Conditions at all times, including your timely payment of all applicable fees for the Subscription Plan.
9.2. Without limiting the generality of the foregoing, you will not: (a) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (b) attempt to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) use the Site or Service to upload, host or transmit the following items, including, without limitation, unsolicited e-mail, SMS messages, worms, Trojan horses or code of a destructive nature, promotions or advertisements for products or services; (e) forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Eyk in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. Eyk may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms and Conditions or you are otherwise abusing the Service.
10.1. You will ensure the information about you and a business entity you represent provided to us is valid at all times, and you will keep your data accurate and up-to-date.
10.2. You will not transfer your Eyk account to anyone without first getting express written permission from Eyk.
10.3. In addition to the prohibited uses outlined in the Terms and Conditions, you will also not use the Site or Services for any unlawful purposes or to conduct any unlawful activity, including but not limited to fraud, embezzlement, money laundering, and any other activity prohibited by law or the Terms and Conditions.
10.4. You will not use the Site or Services if you are located in a country where the applicable law prohibits such use.
10.5. You will not use the Site or Services to impersonate another person.
To ensure that Eyk provides a high-quality experience for you and for other users of the Site and the Service, you agree that Eyk or its representatives may access your account and activity on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Eyk does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Eyk reserves the right to terminate your use of the Service and/or the Site, your account or your access to the Site, terminate the agreement and revoke all the licenses granted under the Terms and Conditions immediately, with or without notice to you, if Eyk believes that you have violated any term of the Terms and Conditions furnished Eyk with false or misleading information, or interfered with use of the Site or the Service by others.
Eyk is making the Site and the Service available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site or the Service. To the maximum extent permitted by law, Eyk expressly disclaims any and all warranties, express or implied, regarding the Site and the Service, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Eyk does not warrant that the Site or the Service will meet your requirements or that the operation of the Site or the Service will be uninterrupted, timely, virus or error-free, or that data displayed by the Service will be accurate or reliable.
Eyk’s liability to you is limited. To the maximum extent permitted by law, in no event shall Eyk, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to Service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or Services. You hereby agree that Eyk’s liability to you will not exceed any fees paid by you to Eyk for the Service or limited to any amount payable to Data Processor as covered by any insurance in relation to any liability of Data Processor in relation to Data Controller. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Eyk has no control over and no liability for any third-party websites or materials. Eyk works with several partners and affiliates whose Internet sites may be linked with or from the Site. Because neither Eyk nor the Site has control over the content and performance of these partner and affiliate sites, Eyk makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Eyk assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time, in connection with your use of the Site or Service, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Eyk makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content and that, unless expressly provided otherwise, the Agreement shall not govern your use of any and all third-party content.
You hereby agree to indemnify and hold harmless Eyk, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warranty, representation or agreement, express or implied, made by you herein.
16.1. The Services and the Agreement may be terminated by Eyk, without cause, at any time.
16.2. Eyk may terminate the Services and the Agreement at any time, without penalty, obligation to refund, and without notice, if you fail to comply with any of the terms of the Agreement.
16.3. Notice of termination of the Services and the Agreement by Eyk may be sent to the contact e-mail associated with your account. Upon termination, Eyk may delete all data, files, or other information that may be temporarily Stored in the Eyk Service, and it’s your responsibility to retrieve and backup all account contents before termination.
16.4. The Services and the Agreement may be terminated by you, without cause, by giving Eyk a thirty (30) days written notice in advance. The notice should be duly signed by you and sent to support@eykdata.com. After cancellation, the Agreement will terminate upon expiry of the Subscription Plan term. If you terminate the Agreement in breach of this clause before the expiry of the relevant Subscription Plan term, you shall pay to Eyk compensation in the amount equal to the discounts granted to you. You hereby agree that we will bill the amount of such compensation to the credit card or PayPal account provided to us.
17.1. If, for whatever reason, a court of competent jurisdiction finds any term or condition in the Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of the Agreement, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17.2. Eyk may assign or delegate some or all of its rights and obligations under the Agreement to a third party at its sole discretion.
17.3. You may not assign or delegate any of your rights and obligations under the Agreement without the written consent of Eyk.
18.1. The Agreement shall exclusively be governed by and construed in accordance with the laws of the Netherlands.
18.2. Any dispute, controversy or claim arising out of or in connection with the Services, the Agreement or any breach, termination or validity of the Services or Agreement shall be settled by our mutual negotiations. For any dispute you have with Eyk, you agree first to contact us at support@eykdata.com and attempt to resolve the dispute with us by mutual negotiations. If no agreement is reached within thirty (30) business days, each of the parties is entitled to submit the dispute to the relevant and competent court in Rotterdam, the Netherlands.
Eyk may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site and/or the Service; and/or (c) discontinue the Site and/or Service at any time. Eyk shall post any revision of these Terms and Conditions to the Site fourteen (14) days before revision shall be effective. You agree to review these Terms and Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
If you have any questions about the Agreement, please contact us at: support@eykdata.com.
