Midflyt general terms and conditions

1. Article 1: Who we are

Midflyt, based in Tilburg, the Netherlands, registered with the Dutch Chamber of Commerce under number 90912721. You can reach us at info@midflyt.nl.

2. Article 2: Who these terms apply to

1. These terms apply to every agreement between Midflyt and a customer about the use of the software.
2. Midflyt only supplies organisations and self-employed people acting in the course of a profession or business. Consumers cannot take out a subscription.
3. The customer's own terms and conditions do not apply, unless Midflyt has agreed to them in writing.

3. Article 3: The subscription

1. The agreement starts as soon as the first payment has succeeded.
2. At checkout, the customer chooses the number of boards and pays per month or per year.
3. A board has no maximum number of users.
4. More boards can be added at any time and take effect immediately. Fewer boards take effect from the next term. Nothing is pro-rated.

4. Article 4: Term, renewal and cancellation

1. A monthly subscription runs per month and renews automatically every month. The customer can cancel every month, effective at the end of the current month.
2. An annual subscription runs for one year and then renews automatically for another year. The customer can cancel up to the end of the current year. Midflyt sends a reminder by email one month before the renewal.
3. Cancelling can be done in the software or by email to info@midflyt.nl.
4. After cancelling, the software keeps working until the end of the paid term.
5. Anyone who has paid for a year and stops early, in principle gets no money back. For an exceptional reason, Midflyt can make an exception.

5. Article 5: Price and payment

1. Prices are shown on the website and exclude VAT.
2. Payment is made in advance, online via Mollie. Paying by invoice is not possible.
3. The customer receives an invoice by email for each term.
4. Midflyt may raise the price at most once a year. A price increase is announced by email at least 30 days in advance. The customer may then cancel as of the date the new price takes effect.

6. Article 6: If a payment fails

1. If a payment fails, the customer receives an email and has 14 days to pay.
2. If payment has not been made after 14 days, the boards can only be viewed.
3. If payment has still not been made 30 days after that, the subscription ends. Article 9 then applies.

7. Article 7: The software

1. Midflyt does its best to keep the software available at all times. Midflyt does not guarantee a particular percentage of availability and pays no compensation for an outage.
2. Midflyt announces planned maintenance in advance.
3. Midflyt may improve and change the software. Midflyt announces in advance any change that clearly gives the customer less.
4. The customer gets support by email via info@midflyt.nl. Midflyt replies within two working days.

8. Article 8: Data

1. What the customer puts in the software remains the customer's.
2. Midflyt only uses the data to provide and improve the software. Midflyt may keep counts without content or names, such as the number of boards in use.
3. Midflyt processes personal data on behalf of the customer. The data processing agreement, which forms part of these terms, applies to this.
4. Special categories of personal data, such as data about health or criminal records, do not belong in the software. If the customer puts them in anyway, that is the customer's responsibility.

9. Article 9: After the subscription ends

1. After the end, the boards can be viewed for 90 days, and the customer can export everything.
2. After those 90 days, Midflyt deletes the data. They then remain in backups for at most 30 days.

10. Article 10: Use and misuse

1. The customer only uses the software for its own organisation and does not resell access.
2. The customer does not put content in the software that breaks the law, and does not try to attack or misuse the software.
3. In case of misuse, Midflyt warns first. If the misuse does not stop, Midflyt may suspend the account. In case of acute danger to the software or other customers, this may happen immediately. Nothing is refunded in that case.

11. Article 11: Liability

1. Midflyt's liability is limited to the amount the customer paid in the 12 months before the damage.
2. Midflyt is not liable for consequential damage, such as lost revenue, lost savings or lost data the customer could have exported itself.
3. These limits do not apply in case of intent or gross negligence by Midflyt.

12. Article 12: Intellectual property

The software and everything Midflyt makes for it remain Midflyt's. The customer gets a right to use the software for as long as the subscription runs.

13. Article 13: Changes to these terms

Midflyt may change these terms. A change is announced by email at least 30 days in advance. Anyone who does not agree may cancel as of the date the change takes effect.

14. Article 14: Law and court

These terms are governed by Dutch law. Any dispute will be submitted to the court of Zeeland-West-Brabant (rechtbank Zeeland-West-Brabant).