Terms and Conditions
In the event of any discrepancies between the Dutch and English versions, the Dutch version shall prevail.
These Terms and Conditions are used by Bebolu B.V., with its statutory seat in Dirksland,
the Netherlands, and registered with the Dutch Chamber of Commerce under registration
number 96468068. Bebolu B.V. provides software applications and, in particular, plugins
for e-commerce websites. These Terms and Conditions apply to all agreements entered into
by Bebolu B.V. with Customers of its Platform.
Table of contents
2. Applicability and interpretation
3. Formation and performance of the Agreement
4. Performance of the Agreement
8. Availability and maintenance
10. Intellectual property rights
11. Customer data and curation data
12. Privacy and data protection
14. Term and termination of the Agreement
1. Definitions
● Account: The personal account of the Customer or Business User, provided by Bebolu B.V., which allows access to the Services.
● Bebolu B.V.: The company established in Amersfoort and registered with the Dutch Chamber of Commerce under registration number 96468068.
● Agreement: Any agreement between Bebolu B.V. and the Customer under which Bebolu B.V. provides Services to the Customer, of which these Terms and Conditions form an integral part.
● Business User: The natural person who uses Bebolu B.V.’s Services on behalf of and under the responsibility of the Customer.
● Customer: Any natural or legal person acting in the course of its profession or business who enters into an Agreement with Bebolu B.V.
● Customer Data: Data that does not qualify as Curation Data or publicly available data (e.g. EAN codes), processed by the Customer or Business User through the Services. This includes, for example, product catalog data (such as product names and descriptions), invoices, and Customer account data.
● Curation Data: Data generated from Customer Data, such as information created when products are automatically linked to customer questions or preferences, resulting in improved and more targeted product information.
● Intellectual Property Rights: All intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, and know-how rights.
● Materials: All materials developed or supplied by Bebolu B.V. under an Agreement, including software, websites, training materials, documentation, layouts, designs, advice, reports, images, texts, logos, corporate identities, concepts, sketches, and other intellectual works.
● Parties: The Customer and Bebolu B.V., jointly or individually.
● Platform: The platform for managing plugins used in the Customer’s e-commerce applications.
● Quotation: A written offer by Bebolu B.V. to provide Services.
● Services: The services provided by Bebolu B.V. to the Customer under the Agreement, including but not limited to customer onboarding, access to the Platform, maintenance of the Platform, and support for Business Users.
● Terms and Conditions: These general terms and conditions, which form an integral part of every Agreement.
● Trial Period: A period of twenty-eight (28) days during which the Customer may use the Services free of charge and without obligation.
● Website: The website of Bebolu B.V., accessible via www.bebolu.nl or related subdomains.
2. Applicability and interpretation
● These Terms and Conditions apply to all offers, including Quotations, made by Bebolu B.V., to all work performed by or on behalf of Bebolu B.V., and to all (future) Agreements.
● The applicability of any purchasing conditions or other terms of the Customer is expressly excluded.
● Deviations from or additions to these Terms and Conditions are only valid if agreed in writing by the Parties.
● If any provision of the Agreement is null or void or is annulled, the remaining provisions shall remain in full force and effect. The Parties shall replace the invalid or annulled provision with a new provision that most closely reflects the intent of the original provision.
● The applicability of Articles 227b(1) and 227c of Book 6 of the Dutch Civil Code is excluded.
● In the event of inconsistencies between applicable documents, the following order of precedence applies:
a) additional agreements concluded after the approved Quotation;
b) the approved Quotation;
c) the data processing agreement (if applicable);
d) these Terms and Conditions.
3. Formation and performance of the Agreement
● The Agreement is formed when:
a) the Customer completes the online registration process on the Platform and subsequently receives a registration confirmation and payment verification from Bebolu B.V., whether automated or otherwise; or
b) Bebolu B.V. receives the Customer’s written acceptance of a Quotation for Services provided by Bebolu B.V.
● After the Agreement has been concluded, access to the Platform will be granted for the duration of the Agreement.
● Each Quotation issued by Bebolu B.V. is valid for thirty (30) days. If the Customer accepts the Quotation after this period, the Agreement shall only be formed after confirmation by Bebolu B.V.
● After formation of the Agreement, Bebolu B.V. shall make reasonable efforts to provide the Platform to the Customer as soon as possible. Any delivery times indicated by Bebolu B.V. are indicative only and do not constitute fixed deadlines.
4. Performance of the Agreement
● After conclusion of the Agreement, Bebolu B.V. shall make reasonable efforts to provide the Services as soon as possible and to onboard the Customer with due care and professional expertise.
● The Services enable the Customer and its Business Users to create software plugins for e-commerce websites.
● The Services consist of various functionalities. Bebolu B.V. may offer these functionalities through different subscription plans. Depending on the subscription selected by the Customer, certain functionalities may or may not be available, and pricing may vary.
● The Customer shall provide Bebolu B.V. with all cooperation and assistance reasonably required for the proper and timely provision of the Services, including providing specifications and information that Bebolu B.V. indicates are necessary or that the Customer should reasonably understand to be essential.
5. Accounts
● To access and use the Services, the Customer must have an Account. Bebolu B.V. shall provide login credentials for a personal administrator account.
● The Customer must handle the Account and login credentials with due care and keep them secure and strictly confidential. The Account is personal and non-transferable. Bebolu B.V. is entitled to assume that all actions performed after authentication are carried out under the supervision and with the consent of the Customer.
● The Customer must immediately notify Bebolu B.V. if misuse of the Account or unauthorized access is suspected.
● The Customer is responsible for all actions performed via the Account and for compliance with these Terms and Conditions.
6. Trial period
● Bebolu B.V. offers a standard free trial period of twenty-eight (28) days for the use of the Services.
● The Trial Period commences when Bebolu B.V. grants the Customer access to the Platform via the Account.
● The purpose of the Trial Period is to allow the Customer to assess whether the Services meet its needs. The Trial Period is not intended to evaluate the experiences of visitors to the Customer’s website.
● The Customer may terminate the Trial Period at any time.
● At the end of the Trial Period, access to the Services will cease unless the Customer enters into a paid Agreement. If the Customer does not continue with a subscription, access to the Platform will be terminated.
● Customer data will be retained for fourteen (14) days after termination of the Trial Period. If the Customer continues using the Services, all data will be retained.
7. Use and misuse
● The Customer is prohibited from using the Services in violation of these Terms and Conditions or applicable laws and regulations. Use that causes nuisance or damage to Bebolu B.V. or third parties is expressly prohibited.
● If Bebolu B.V. determines that the Customer has violated these Terms and Conditions or applicable law, or receives a complaint in this regard, Bebolu B.V. may take measures to end the violation, including suspension or termination of access to the Platform.
● The Customer warrants that Customer Data and all other information uploaded during use of the Services are free from viruses, trojans, or other harmful software and indemnifies Bebolu B.V. against third-party claims arising from such software.
● If the functioning of systems or networks of Bebolu B.V. or third parties is endangered, Bebolu B.V. may take all measures reasonably necessary to prevent or mitigate risks.
● Bebolu B.V. is entitled at all times to report criminal acts and cooperate with competent authorities.
8. Availability and maintenance
● Bebolu B.V. shall make reasonable efforts to ensure continuous availability of the Platform but does not guarantee uninterrupted availability.
● Bebolu B.V. may perform maintenance, A/B testing, updates, or upgrades that may affect functionality. Bebolu B.V. determines which changes are implemented.
● Maintenance may result in temporary interruptions. Bebolu B.V. will make reasonable efforts to announce scheduled maintenance in advance.
9. Support
● Bebolu B.V. provides standard support via online documentation and a helpdesk accessible via the Platform chat or support@bebolu.com.
● The Customer is expected to consult documentation before contacting support.
● Response times depend on the applicable Service Level Agreement (SLA):
Standard SLA: response within 48 hours.
Premium SLA: response within 24 hours, available for an additional fee.
● Bebolu B.V. cannot guarantee resolution times, as these depend on issue complexity.
10. Intellectual property rights
● All Intellectual Property Rights in the Services and Materials remain with Bebolu B.V. or its licensors.
● Bebolu B.V. grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Services and Materials for the duration of the Agreement.
● The Customer may not modify the Services or access source code unless required by mandatory law.
11. Customer data and curation data
● All Customer Data remains the property of the Customer.
● The Customer grants Bebolu B.V. a non-transferable and, where necessary, sublicensable license to use Customer Data solely for the performance of the Agreement.
12. Privacy and data protection
● Processing of personal data may occur under the Agreement and falls under the GDPR. The Customer acts as data controller and Bebolu B.V. as data processor.
● Personal data is processed only on Customer instructions and for agreed purposes.
● Processing of special categories of personal data is prohibited.
● Bebolu B.V. implements appropriate technical and organizational safeguards.
● Anonymized data may be used for analysis and research.
● Bebolu B.V. will promptly notify the Customer of any data breach.
13. Confidentiality
● Confidential information shall be kept confidential before, during, and after the Agreement.
● Confidentiality obligations survive termination.
● Exceptions apply where information is public, lawfully obtained, independently developed, or legally required to be disclosed.
14. Term and termination of the Agreement
● The Agreement is concluded for an indefinite term unless otherwise agreed.
● Either Party may terminate with one (1) month’s notice.
● No refunds apply upon termination.
● Bebolu B.V. may terminate immediately if breaches are not remedied within thirty (30) days.
15. Liability
● Bebolu B.V.’s liability is limited to the fees paid in the six (6) months preceding the incident.
● Bebolu B.V. is not liable for indirect damages, loss of profit, or data loss.
● The Customer indemnifies Bebolu B.V. against third-party claims unless caused by intent or gross negligence.
16. Force majeure
● Bebolu B.V. is not liable for non-performance due to force majeure, including outages, cyberattacks, disasters, or government measures.
● If force majeure lasts longer than ninety (90) days, either Party may terminate without liability.
17. Fees and payment
● All prices are in euros and exclusive of VAT.
● Payment is made via automatic debit unless agreed otherwise.
● Non-payment may result in suspension of Services.
● All invoices must be paid within thirty (30) days.
18. Amendments
● Bebolu B.V. may amend these Terms with thirty (30) days’ notice.
● Continued use constitutes acceptance.
19. Miscellaneous provisions
● Dutch law applies.
● Disputes shall be submitted to the competent court in Rotterdam, the Netherlands.
● “In writing” includes email.
● Assignment by the Customer requires consent; Bebolu B.V. may assign in case of business transfer.
