TERMS AND CONDITIONS OF USERE B.V.
Registered office in Cuijk Chamber of Commerce number: 95609210
Version: 1.0 (June 2026)
ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following terms shall have the meanings defined below:
Usere: UserE B.V., the party to these general terms and conditions, with its registered office at Gildekamp 21, 5431 SP Cuijk.
Client: The natural person acting in the course of a profession or business, or the legal entity entering into an Agreement with Usere .
Agreement: Any written or digital arrangement between Usere and the Client for the provision of the Tool and/or Services.
The Tool: The online (hybrid) marketing platform (SaaS software) made available by Usere , which enables the Customer to create, schedule and distribute content (including social media and email marketing), whether or not supported by integrated AI functionalities.
The Services: The personalised marketing support and operational services provided by Usere marketers (as included in, amongst others, the WaaS, DaaS, Assist, Co-Create and Growth Partner packages),
including but not limited to: strategic consultation, setting up templates, content optimisation and campaign management.
In writing: Digital communication (such as email) shall also be deemed to be in writing for the purposes of these terms and conditions.
ARTICLE 2. APPLICABILITY AND AMENDMENTS
These general terms and conditions apply to all offers, quotations, Agreements and deliveries by Usere. The applicability of any of the Client’s purchasing or other terms and conditions is
expressly rejected. Should any provision prove to be void, the remainder of these terms and conditions shall remain in force. The parties shall replace the void provision with a valid provision that
intention as closely as possible. Usere is entitled to amend these general terms and conditions unilaterally. Amendments shall be notified to the Customer in writing no later than 30 days before they come into effect.
ARTICLE 3. FORMATION AND TERM OF THE AGREEMENT
The Agreement is formed at the moment the Customer registers digitally for the Tool or accepts a written offer for a marketing package (Services). If the Customer makes use of the Tool’s 14-day free trial period, this trial period ends automatically after 14 days without incurring any costs or obligations, unless the Customer explicitly opts for a paid subscription either before or after the trial period. Unless otherwise agreed in writing, Agreements are entered into for an indefinite period with a flexible notice period of one (1) month prior to the end of the current billing period. Notice of termination must be given in writing or via the account dashboard.
ARTICLE 4. SPECIFIC PROVISIONS REGARDING THE LEGAL USE OF ‘THE TOOL’ (SaaS)
Right of Use: Usere grants the Customer a non-exclusive, non-transferable and revocable right to use the Tool for internal business purposes for the duration of the Agreement.
No Ownership: All intellectual property rights relating to the Tool, the underlying software, interfaces, algorithms and systems shall at all times remain with Usere or its licensors.
Fair Use & Volume: For email marketing, the price is determined on the basis of the selected sending volume. There is no limit on the number of contacts that can be imported, provided this is done in accordance with the applicable
data protection legislation (GDPR) and there is no abuse or spam. Usere reserves the right to immediately suspend accounts that place a disproportionate burden on the infrastructure or send spam. Furthermore,
a user licence must always be purchased when purchasing an additional company account.
Availability (Uptime): Usere endeavours to ensure the highest possible availability of the Tool , but gives no guarantees regarding uninterrupted availability. Usere shall not be liable for any damage resulting from temporary downtime, malfunctions or maintenance of the Tool.
Third-party integrations: The Tool integrates with the Customer’s external social media and communication channels . Usere is never responsible or liable for changes to policies, API restrictions or disruptions affecting these external parties (such as Meta, LinkedIn, etc.).
ARTICLE 5. SPECIFIC PROVISIONS RELATING TO ‘THE SERVICES’ (WaaS, DaaS & Marketing Support)
Best-Efforts Obligation: All Services are provided on a best-efforts basis. Usere never guarantees specific marketing results (such as an exact number of new leads, conversions or a
specific increase in website traffic).
Time and Support for WaaS (Website-as-a-Service): A fixed amount of support time is included within the WaaS subscriptions (Starter, Pro and Business). The time and support included in the WaaS subscription can be used flexibly for all manner of services associated with the website subscription. For example, for changing the layout, adding filters, creating
a new page, making changes to text, or adding photos.
Time and Support for DaaS (Design-as-a-Service): The DaaS subscriptions (Starter, Pro and Business)
, time for support and implementation tasks is included. The time allocated under DaaS can be spent on all sorts of design projects. For example, designing business cards for
existing and new staff, leaflets, rolling banners for a trade fair, or social media posts.
Hourly Allocation and Expiry: The hours allocated for personal support within the packages are, by default, valid per calendar month. Unused hours can be carried over to the following
calendar month. If they are not used in that second month, they will automatically lapse. The principle applies that the oldest hours are used first in the new month, so that
the client can always make the best possible use of the accumulated time.
Customer’s Duty to Cooperate: The planning and delivery of the Services depend on the timely provision of the necessary input (such as corporate identity guidelines, texts, approvals and login details) by the customer. If
the Customer fails to provide the necessary input on time, Usere is entitled to suspend performance, in which case the Customer’s payment obligation remains in full force.
ARTICLE 6. SPECIFIC PROVISIONS REGARDING MANAGED HOSTING
Management and Updates: As part of the managed hosting service, Usere is responsible for the technical management of the server environment and carries out periodic updates to the Content Management System (CMS), themes and plug-ins. Usere shall endeavour to ensure that this is carried out without disruption, but shall not be liable for any compatibility issues or loss of functionality arising directly or indirectly
result from such an update.
Fair Use Policy (Data Traffic and Storage): A Fair Use Policy applies to the hosting environment with regard to data traffic and disk space. If the Customer’s website consistently and to a significant extent exceeds the average
usage, Usere will consult with the Customer to upgrade the subscription or to pass on any additional costs on a reasonable basis.
Backups: Usere performs periodic system backups to protect against disasters or server failure. Although Usere manages these backups with the utmost care, no guarantees can be given that a complete and error-free restoration of individual files or data will be possible at all times at the Customer’s request. The Customer retains responsibility for securing any essential content locally, if necessary.
Availability and external suppliers: Usere utilises reputable external infrastructure and data centre suppliers for the hosting environment. Usere strives to achieve maximum availability (uptime) of the websites, but expressly does not offer any firm uptime guarantees. Usere shall not be liable for temporary unavailability caused by external disruptions, force majeure or (announced) necessary maintenance carried out by these third parties.Security and Hacks: Usere endeavours to secure the hosting environment appropriately. However, Usere is never responsible or liable for any form of damage, data loss or downtime resulting from any hack, malware infection or other cyber-attacks on the Customer’s website or server environment.
ARTICLE 7. PRICES AND PAYMENT
All prices quoted are in euros and exclude VAT and any other government levies. Payment for both the Tool and the Services is made in advance on a monthly basis, via the payment methods offered by Usere (such as direct debit or iDEAL/credit card), unless a different invoicing term has been agreed in writing. In the event of late payment, the Customer shall be in default by operation of law without any further notice of default being required. In such a case, Usere shall be entitled to:
ARTICLE 8. INTELLECTUAL PROPERTY AND CONTENT
Customer’s Content: The Customer shall at all times remain the owner of all data, text, images and other content that they upload via the Tool or provide in connection with the Services. The Customer grants Usere a royalty-free licence to use this content to the extent necessary for the performance of the Agreement.
Websites and Landing Pages: If, in the context of the Services, Usere designs, builds or develops (customised) websites or landing pages for the Customer, all intellectual property rights relating to the specific design, the texts and their specific structure shall at all times be and remain the property of the Client (or shall be transferred to the Client upon full payment of the outstanding invoices in respect thereof). This is without prejudice to the fact that the intellectual property rights to the standard software, basic templates, The Tool or third-party plug-ins used by Usere shall at all times remain with Usere or its licensors.
Indemnity: The Client warrants that the content it provides does not infringe any third-party rights (including intellectual property rights and privacy rights) and fully indemnifies Usere against
any claims by third parties in this regard.
AI-generated Content: Insofar as the Tool utilises AI functionalities to generate texts or content , the Customer must at all times check and verify this content themselves before publishing it . Usere accepts no liability whatsoever for the legal admissibility, accuracy or uniqueness of AI-generated content.
ARTICLE 9. DATA PRIVACY AND SECURITY (GDPR)
When processing personal data via the Tool (such as contact lists for email marketing), Usere acts as a ‘Processor’ within the meaning of the General Data Protection Regulation (GDPR). The Customer is and remains the
‘Data Controller’. Usere guarantees that all data is processed and stored within the European Union in accordance with the strictest European privacy and security standards. The parties shall enter into a Data Processing Agreement in relation to the Tool, which, as an annex, forms an integral part of the legal relationship.
ARTICLE 10. LIABILITY
Usere total liability arising from an attributable breach of the Agreement or on any other grounds shall, per event (whereby a series of related events shall be deemed a single event) to a maximum of the amount paid by the Customer under the relevant Agreement in the three (3) months preceding the event giving rise to the damage (excluding VAT).
Usere shall be liable exclusively for direct loss. Liability for indirect damage, including but not limited to consequential damage, loss of profit, lost savings, diminished goodwill, damage resulting from business interruption or damage due to loss of data, is expressly excluded. Any liability shall lapse if the Customer has not reported the damage to Usere in writing within fourteen (14) days of its occurrence or discovery.
ARTICLE 11. GOVERNING LAW AND COMPETENT COURT
All Agreements and legal relationships between Usere and the Customer shall be governed exclusively by Dutch law. Any disputes arising between the parties which cannot be resolved by mutual agreement shall be submitted exclusively to the competent court in the judicial district in which Usere has its registered office.
