Please read these Terms carefully. By using Spotler or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
Spotler is email marketing software offered through the URL https://login.spotler.com (we’ll refer to it as the “Platform”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients who volantary applied for receiving commercial email. MailPlus is owned and operated by Spotler Nederland B.V., a Dutch limited liability corporation. General Terms & Conditions of Spotler Nederland B.V. include Terms for usage of the Platform, which you can find below and NEDERLAND ICT Terms, which you can find here.
SPOTLER SOFTWARE LICENSE GENERAL TERMS & CONDITIONS
1. User licence and email bundles
Customer has unrestricted access to Spotler software and all corresponding modules, 24 hours per day, 7 days per week. Spotler Nederland B.V. works with a one year use of email bundles in the Spotler software. This means that by the end of every year of subscription to the Spotler license the bundle of the previous year will be terminated and the new bundle for the new subscription period will be added. Upon expiry of the licence agreement, the right to access the bundles will also expire. Reimbursements will not be issued for usage bundles.
2. New releases
All releases deployed of Spotler software are automatically made available to Customer free of charge during the running period of the licence agreement between customer and Spotler Nederland B.V. or a Spotler partner.
3. Always up-to-date
All contact persons in possession of a user licence will receive up to 15 service newsletters a year from Spotler Nederland B.V., Spotler Espana or another Spotler partner relating to Spotler software.
4. Data traffic
The Spotler software licence includes all data traffic generated through e-mailings, visits to your landing pages and downloads of online documents.
5. Daily back-up
To safeguard your data, daily back-ups are made of the entire Spotler platform.
6. Specific and other conditions regarding the use of Spotler software
Ownership of (customer) database
Customer retains ownership of the customer database created under its name. Spotler Nederland B.V. nor any Spotler partner, will never use the database under any circumstances, nor place it at the disposal of third parties.
Quality of the (customer) database
Spotler Nederland B.V. reserves the right to stop an emailing as soon as the bounce rate is above the norm. Spotler Nederland B.V., Spotler Espana will contact you or your Spotler partner as soon as the bounce rate is above the norm.
Spotler Nederland B.V. reserves the right to restrict access to Spotler if Customer is found guilty of using Spotler software to send Spam. Any liability on the part of Spotler Nederland B.V. for any consequential loss or damage sustained as a result of Customer sending Spam is explicitly excluded. Spotler Nederland B.V. will be entitled to recoup any loss, damages or costs it may incur or suffer as a result of Customer breaching its contractual obligations.
Transfer of title
Customer is expressly prohibited from making the Spotler software available to third parties under any title (including parent companies, sister companies and/or subsidiaries of Customer).
Intellectual property rights
Customer is expressly prohibited from copying, duplicating or modifying Spotler software in any way and/or via third parties without prior written consent from Spotler Nederland B.V.
In accordance with the General Data Protection Regulation (GDPR), Customer is responsible for processing the personal data held in the database of Customer. You are responsible for determining the purpose and means of processing, and must report your personal data database to the CBP. Spotler Nederland B.V. is always the editor. For more information, please visit https://autoriteitpersoonsgegevens.nl/.
Ownership of e-mail template
Customer retains ownership of the e-mail template created by Spotler Nederland B.V., Spotler Espana, a Spotler partner or third parties in the Spotler account.
Ownership of content
Customer retains ownership of all texts, visuals and other content it produces.
All agreements concluded with Spotler Nederland B.V. are subject to the General Terms and Conditions of NEDERLAND ICT, as listed under number 3017480.
Customer hereby declares that it has received acces to all General Terms and Conditions and accepts them.
General Terms and Conditions of Nederland ICT – Applicable to the use of Spotler software, a product of Spotler Nederland B.V. (Netherlands)
The Nederland ICT Voorwaarden (General Terms of Conditions of Nederland ICT) are filed with the Chamber of Commerce under number 30174840.
The Dutch version of this document prevails. This means in event of doubt, the Dutch text shall be binding.
Please find the Nederland ICT Terms & Conditions under this link.
You will find the Dutch version of the Terms & Conditions under this link.
For more information, please contact: