These general terms and conditions apply to all agreements and quotations of EroSmart, unless otherwise agreed in writing.
In these terms and conditions, 'customer' means: any natural or legal person who uses the services of EroSmart.
An agreement is established after the customer has taken out a subscription and this has been confirmed by EroSmart.
EroSmart offers software solutions for the erotic industry, including scheduling, financial reporting, room management and dashboards.
The customer is granted a non-exclusive, non-transferable license to use the software for as long as the subscription is active.
Payments must be made within 14 days after the invoice date, unless otherwise agreed.
The subscription costs are invoiced in advance and depend on the chosen subscription type.
EroSmart performs periodic updates and maintenance to ensure the quality and security of the software.
Either party may terminate the agreement with one month's notice.
EroSmart is not liable for indirect damage, including loss of data or income.
We respect the privacy of our customers and process personal data in accordance with the GDPR.
EroSmart reserves all rights with regard to the intellectual property of the software and other materials provided by us. The customer only obtains a user license and may not copy, distribute, or make available to third parties any source code, documentation, designs or functionalities without the prior written consent of EroSmart. Any unauthorized use will be considered a violation of these terms and may result in legal action.
EroSmart is not liable for delays or failures in the performance of the agreement if these are the result of force majeure. Force majeure means circumstances beyond our control, such as natural disasters, strikes, disruptions in the telecommunications infrastructure, cyber attacks or other unexpected events. In such cases, EroSmart reserves the right to temporarily suspend the service or terminate the agreement without the customer being entitled to compensation.
EroSmart offers support to customers throughout the subscription period. Support requests can be submitted via email, phone or the customer portal. We aim to respond to urgent requests within 24 hours and non-urgent requests within 3 business days. Outages and critical issues are treated with priority. Customers with an extended SLA package enjoy additional benefits, such as accelerated response times and priority support.
EroSmart reserves the right to change the services, functionalities or conditions offered. Customers will be notified at least 30 days in advance of substantial changes that affect the service provision or pricing structure. If a customer does not agree with the changes, he or she has the right to terminate the agreement free of charge within this period.
EroSmart uses advanced security measures to protect customer data from unauthorized access, loss or destruction. Regular backups are made to safeguard data. Although we do our utmost to prevent data loss, the customer is responsible for downloading and storing important data. EroSmart accepts no liability for data loss due to causes beyond our control.
It is not permitted to share or sell EroSmart services to third parties without written permission. Only registered customers and their employees may use the software and associated services. Any misuse or violation of this may result in immediate termination of the agreement, without the right to refund.
Complaints about the service must be reported to EroSmart in writing within 14 days of the complaint arising. We aim to resolve complaints within 7 working days. If a dispute cannot be resolved by mutual agreement, it will be submitted to a competent Dutch court in the district of our place of business.
If Customer fails to comply with the payment terms or other obligations under this Agreement, EroSmart reserves the right to immediately terminate the Agreement. This includes, but is not limited to, suspending access to the Software and discontinuing support, without refund of any amounts previously paid.
When purchasing a subscription online, the customer is entitled to a statutory cooling-off period of 14 days, unless the services have already been fully delivered within this period. If the customer wishes to exercise this right of withdrawal, this must be reported in writing. In case of timely revocation, EroSmart will refund the amounts already paid within 14 days, provided that the conditions are met.
These general terms and conditions and the agreement between the customer and EroSmart are exclusively governed by Dutch law. Any disputes will be submitted exclusively to the competent court in the district in which EroSmart is established, unless mandatory law prescribes otherwise.
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