Terms of Use
In essence
We, the people at Ziber, enthusiastically develop, provide, and support digital services for educational institutions and childcare organizations, in collaboration with partners and Ziber Affiliates. This includes, among other things: apps for communication between parents and staff of the education/childcare organization, website software for creating beautiful and easy-to-manage websites for educational institutions and childcare organizations, payment features that allow parents to be asked for a contribution, and many other services. We do everything to improve the connection between parents and the educational and/or childcare organization, with great respect for privacy and the autonomy of all users of our services.
IMPORTANT
If you do not agree with these Terms, please do not use our services.
These Terms of Use (“Terms”) describe our obligations to you, your rights, and your responsibilities when using our services. Please read these Terms carefully before visiting or using our services, and contact us if you have any questions.
These Terms apply to your access to and use of the products, websites, and services we provide as described in section Overview of Services, hereinafter referred to as “Services.” Please note that our Services are intended for commercial use, and you acknowledge that your use is not that of a consumer.
By accessing or using any part of our Services, you agree to be bound by these Terms, along with any additional terms we provide that apply to a specific Service and/or to you as a Customer and/or as a Partner, and any other operational rules, policies, and procedures we may publish through the Services from time to time (collectively, the “Agreement”). Capitalized terms have the meanings given to them under “Definitions,” and if a term is not defined here, it has the meaning assigned to it in the Agreement.
The Agreement constitutes the entire agreement between you and Ziber regarding our Services. You agree that we may automatically modify, update, or add to our Services as stated in the Terms, and that the Agreement will apply to any such changes.
Take responsibility for how you use the Services, use them with care, and without harming others. If you believe someone is violating these Terms, we would like to hear from you. You can send an email to abuse@ziber.eu.
Who is Who?
“You,” “your,” or “yours” refers to any person or entity using one or more of our Services. If you are using our Services on behalf of another person or an entity, you represent and warrant that you are authorized to accept the Agreement on behalf of that person or entity, that by using our Services, you accept the Agreement on behalf of that person or entity, and that if you or that person or entity violates the Agreement, both you and that person or entity agree to be responsible to us.
You are entering into this Agreement with Ziber B.V., located at Zijperweg 4 J in Schagen, Netherlands, and registered with the Dutch Chamber of Commerce in Alkmaar under number 37088655. In this Agreement, we refer to Ziber B.V. as “Ziber,” “we,” and also “us.”
By using the Services, you are entering into an agreement with Ziber BV (Netherlands).
Your Account
For many of our Services, the use of an account (“Ziber ID”) is required. When you use a Ziber ID, you agree to provide us with complete and accurate information and to keep that information up to date, so we can communicate with you about your Ziber ID. We may need to send you emails regarding important updates (such as changes to our Terms or Privacy Policy) or to inform you of legal issues or complaints we receive about how you are using our Services, so you can make informed decisions in response.
We may limit your access to our Services if we are unable to verify your account details, such as your email address.
You are solely responsible and liable for what you do with your Ziber ID. You are also responsible for maintaining the security of your account (including keeping your password safe). We are not liable for any actions or omissions by you, including any damages, of any kind, incurred as a result of your actions or omissions.
Do not share or misuse your access credentials. Notify us immediately of any unauthorized use of your Ziber ID or any other security breach. If we believe your Ziber ID has been compromised, we may suspend or disable your account.
If you want to know how we handle the data you provide us, please refer to our Privacy Policy.
You need a Ziber ID (an account) to securely access our Services. Keep your Ziber ID up to date and make sure you are reachable by us, in case it's really necessary. Handle your Ziber ID with care and responsibility, and we will do the same.
Agreement to Terms
When creating a Ziber ID, you will be explicitly asked to agree to these Terms, and you indicate your agreement by checking a box. For any (upcoming) changes to the Terms, you will be informed and asked to consent if you wish to continue using the Services. By continuing to use the Services with your Ziber ID, you also agree to the modified Terms.
As long as you use your Ziber ID, you agree to these Terms.
Minimum Age Requirements
The Services are not intended for minors under the laws of the country where you reside. By creating a Ziber ID or using the Services, you accept and agree to be bound by these Terms and represent that you are “of age” under the laws of the country where you reside, or that your parent or legal guardian agrees to be bound by these Terms on your behalf. If you are unsure whether you are of age under the laws of your country, or if you do not understand this section, you may not create a Ziber ID until you have consulted your parent or legal guardian for help. If you are a parent or guardian of a minor, both you and the minor accept and agree to these Terms, and you are responsible for supervising your minor's use of the Ziber ID or the Services, including purchases and the sharing of information, whether the minor’s account is already opened or created later.
Do not use a Ziber ID and/or our Services if you are a minor unless your parent or guardian has given permission.
Deleting Your Ziber ID
You may delete your Ziber ID at any time and for any reason by logging into the Services and initiating the deletion process. Since deleting a Ziber ID is a final process, and all associated personal data will be permanently erased or anonymized (if erasure is not possible), this process takes a few days to give you the opportunity to undo the deletion. Through our support (support.ziber.eu), you can read how this process works, and we are happy to help you with any questions.
You can choose to delete your Ziber ID at any time.
Support
Ziber is happy to promptly and effectively answer your questions regarding the use of the Services. That is why Ziber pays great attention and care to the various ways you can find answers to your questions. Through our online support (support.ziber.eu), you will find support articles and videos that explain how to use the Services. Many of the Services also include live chat support, allowing you to directly communicate with a Ziber representative. Questions about using the Services can also be submitted via our email address support@ziber.eu. Our support is continually evolving, and certain (less used) support channels may be discontinued, while new ones may be introduced. We aim to best meet your needs and those of all other users. Preview or beta versions of features or Services may not be eligible for support.
We put in great effort to assist you with the use of our Services. Feel free to ask us your questions!
Sharing Ziber ID Information
Depending on your settings, you may share (personal) information from your Ziber ID with other users of the Services. These settings may vary based on the Services you use and will be explained to you within the respective Service, so you can make an informed choice about what you wish to share with other users of the Services. Please refer to our Privacy Policy to see what information from your Ziber ID is shared and on what legal basis. See also legal.ziber.eu.
Depending on the service, you can control what information from your Ziber ID you wish to share. Read our Privacy Policy to see what information from your Ziber ID we always share with other users of the Services.
Your Privacy
We take great care with your privacy. Ziber's Privacy Policy (“Privacy Policy” available at legal.ziber.eu) describes the types of data we collect regarding you and your devices (“Data”), how we use it, and the legal basis we have for processing it. The Privacy Policy also describes how Ziber uses Your Data, which includes your personal profile information, your correspondence with others, messages you submit to Ziber through the Services, and the files, photos, documents, and other digital data that you upload, store, transmit, or share via the Services (“Your Data”).
Read our Privacy Policy to see how we handle your data.
Your Data
Many of our Services allow you to store or share Your Data, or to receive material from others. We claim no ownership rights over Your Data. Your Data remains your data, and you are responsible for it.
Your Data is and remains yours.
Your Responsibility
When you share Your Data with others, you understand that they may be able to use, store, record, reproduce, transmit, share, and display Your Data worldwide for the purpose for which you made Your Data available on the Services, without compensating you. If you do not want others to do this, you should not use the Services to share Your Data.
You represent and warrant that for the duration of these Terms, you have (and will have) all necessary rights to Your Data that is uploaded, stored, or shared on or through the Services, and that the collection, use, and retention of Your Data through the Services does not violate the rights of others. We strongly encourage you to regularly back up Your Data. Ziber cannot be held responsible for Your Data or the material others upload, store, or share through our Services.
Handle Your Data with care. Make sure you do not violate others' rights with Your Data. We are not responsible for Your Data; you are.
Use of Your Data
To the extent necessary to provide the Services to you and others (which may include modifying the size, shape, or format of Your Data to better store or display it for you), to protect you and the Services, and to improve Ziber's products and services, you grant Ziber a worldwide and royalty-free intellectual property license to use Your Data. This includes, for example, making copies of Your Data or storing, transmitting, reformatting, distributing through communication channels, and displaying it on the Services.
To make the Services work properly, you grant us the necessary rights to store and process Your Data.
Code of Conduct
We have established these Terms, which include this Code of Conduct. By agreeing to the Terms, you commit to adhering to rules of good behavior when using the Services (“Code of Conduct”).
Code of Conduct
- Do not engage in unlawful activities.
- Refrain from activities that exploit or harm, or threaten to harm, children or adults.
- Do not send spam or engage in phishing. Spam refers to unsolicited, unwanted bulk emails, messages, submissions, contact requests, text messages, push notifications, or similar electronic communications. Phishing is the practice of sending emails, messages, or other electronic communications to fraudulently or unlawfully trick recipients into revealing personal or sensitive information, such as passwords, birthdates, social security numbers, passport numbers, credit card information, financial data, or other sensitive information, or to gain access to accounts, steal data from documents, or obtain sensitive information, payment, and/or financial gain.
- Do not use the Services to display or share inappropriate content or other materials (such as nudity, bestiality, pornography, offensive language, violence, or criminal activities).
- Refrain from activities that are fraudulent, false, or misleading (for example, asking for money under false pretenses, impersonating someone else, or manipulating the Services to affect ratings or comments).
- Do not intentionally interfere with restrictions on access to or availability of the Services.
- Refrain from activities that harm you, the Services, or others (for example, sending viruses, harassing others, posting terrorist or violent extremist content, making hateful remarks, or inciting violence against others).
- Do not infringe on the rights of others (for example, unauthorized use or sharing of copyrighted music, images, photos, or other copyrighted materials).
- Refrain from activities that violate the privacy of others.
- Do not assist others in violating this Code of Conduct.
If you believe someone is violating this Code of Conduct, we expect you to notify us immediately by sending an email to abuse@ziber.eu, so we can investigate and minimize harm.
We have established a Code of Conduct for all users of the Services, including you. Follow these rules and do not harm others, so all users can enjoy and use the Services safely.
Enforcement
We reserve the right to refuse Your Data if the storage space or file size limitations established for the Service are exceeded or if it endangers the continuity of our Services. If you fail to meet any of the obligations described in the Code of Conduct or otherwise materially breach these Terms, we may take action against you, including (without limitation) stopping the provision of the Services or immediately closing your Ziber ID if there is sufficient cause, or blocking communications (messages, file sharing, or notifications) to and from the Services. We also reserve the right to remove Your Data from the Services at any time if we are notified that applicable law or these Terms may be violated. While investigating alleged violations of these Terms, Ziber reserves the right to review Your Data to resolve the issue. However, we do not monitor activity on the Services and do not attempt to do so.
If we are notified that you are violating our Code of Conduct, we will investigate and may close your account (Ziber ID) and remove Your Data.
Feedback
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.
If you give us feedback, it’s free so we can improve the Services for you.
Additional Terms
In addition to these Terms, certain circumstances may involve additional terms, such as when you have subscribed to Services, are a Ziber Partner, and/or use specific Services.
Ziber Customer Terms
When you, as an organization, board, association, or other legal entity, subscribe to or commission Ziber or Ziber Affiliates to deliver Services, whether paid or free, and Ziber or a Ziber Affiliate has accepted your order, you become a “Customer” of Ziber for the duration of the subscription or assignment. Ziber Customer Terms will apply.
You can find the Ziber Customer Terms at legal.ziber.eu.
When you enter into an agreement with Ziber for subscribing to Services or forming a partnership with Ziber, additional terms may apply, as stated in the agreement.
Data Controller
Please note that when you are a Customer of Ziber and we process personal data on your behalf for your users and/or customers, we act as the ‘processor’ of this personal data, and you are the ‘data controller’. The Ziber Customer Terms reference the Data Processing Agreement applicable to you, which describes how we process personal data for you as the Customer, so you can inform your users and customers accordingly.
You can review the applicable Data Processing Agreement at legal.ziber.eu.
As a Customer of Ziber, you are the data controller for the processing of personal data for your users.
Ziber Partner Terms
When you, as an organization, board, association, or other legal entity, have entered into a Partner agreement with Ziber, either directly or indirectly through a Ziber Affiliate, to optimally support Ziber Customers with the implementation and use of the Services, you are considered a “Partner” of Ziber for the duration of that agreement.
As long as you are a Partner of Ziber, additional Ziber Partner Terms apply, which you agreed to when entering into the Partner agreement and by continuing to use the Services after being notified of any changes to the Ziber Partner Terms.
You can review the Ziber Partner Terms at legal.ziber.eu.
Data Controller
Please note that when you are a Customer of Ziber and we process personal data on your behalf for your users and/or customers, we act as the ‘processor’ of this personal data, and you are the ‘data controller’. The Ziber Customer Terms reference the Data Processing Agreement applicable to you, which describes how we process personal data for you as the Customer, so you can inform your users and customers accordingly.
If you need a Data Processing Agreement with us to meet GDPR requirements that apply to us as a Processor, email us at support@ziber.eu.
If you are a Customer of Ziber, additional terms may apply.
Service-Specific Terms
Depending on the Services you use with Ziber, specific additional terms may apply. Before you can use a service with additional terms, you will be directed to these service-specific terms for your approval. You can also find all additional terms for specific services at legal.ziber.eu.
Additional terms may apply if you use specific Ziber products/services. Before you can use those specific Services, you will need to agree to the relevant additional terms.
General Representation and Warranty
You represent and warrant to us that (i) you will use the Services in strict accordance with the Agreement, Ziber's Privacy Policy, and all applicable laws and regulations (including, but not limited to, any local laws and regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Netherlands or the country in which you reside), and that (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of Ziber, Ziber Affiliates, or any third party.
You further represent and warrant that your use of the Services will not:
- Overload or disrupt our systems, or place an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Be used to send spam or unsolicited bulk messages;
- Be used to disrupt or attack any other service or network;
- Be used to create, distribute, or enable material that facilitates or cooperates with malware, spyware, adware, or other malicious programs or code;
- Engage in reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source;
- Rent, lease, loan, sell, or resell the Services or related data without our permission.
You represent that you will use the Services in accordance with this agreement and applicable law. You agree to do this without causing harm to Ziber, Ziber Affiliates, the Services, and/or others.
Intellectual Property
This Agreement does not transfer any intellectual property from Ziber, Ziber Affiliates, or third parties from Ziber to you, and all rights, title, and interest in such property will remain (as between the parties) solely with Ziber. Ziber, Ziber Team, Kwieb, SenseView, and all other trademarks, service marks, graphics, and logos used in connection with Ziber and the Services are trademarks or registered trademarks of Ziber, Ziber Affiliates, or Ziber's licensors. Other trademarks, service marks, graphics, and logos used in connection with Ziber's Services may be the trademarks of third parties. Your use of the Services does not grant you any right or license to reproduce or otherwise use any trademarks of Ziber or third parties.
Ziber owns the Services as well as all associated trademarks and logos. You may use the Services, but you do not own them.
Copyright Policy
Just as Ziber asks others to respect its intellectual property rights, Ziber respects the intellectual property rights of others. If you believe that materials found on the Services infringe on your copyright, you are requested to report this to Ziber via the email address abuse@ziber.eu. Ziber will respond to your notification, including by removing or disabling access to the infringing materials if required or appropriate. Ziber will terminate a user’s (or Customer’s) access to and use of the Services if, under appropriate circumstances, it is determined that the user or Customer repeatedly infringes the copyrights or other intellectual property rights of Ziber or others. In the event of such termination, Ziber is not obligated to provide a refund to the Customer for any amounts previously paid to Ziber.
Ziber respects your intellectual property rights, and you can notify us if you believe they are being violated on the Services, so Ziber can take action.
Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software, inclusions, or applications (such as websites, extensions, plugins, scripts, or payment systems) provided or made by a third party or by you (“Third-Party Services”).
When you use Third-Party Services, you understand that:
- Third-Party Services are not reviewed, endorsed, or controlled by Ziber.
- Any use of a Third-Party Service is at your own risk, and we are not responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the terms and policies of the Third Party.
- Some Third-Party Services may request or require access to your data (or your visitors' or customers' data) via things like pixels or cookies. If you use or grant access to the Third-Party Service, the data will be handled in accordance with the privacy policy and practices of the Third Party, which you should read carefully before using Third-Party Services. Third-Party Services may not work well with our Services, and we may not be able to provide support for issues caused by Third-Party Services.
- If you have questions or concerns about the operation of a Third-Party Service or need support, you should contact the Third Party directly.
In rare cases, we may, at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
When you use Third-Party Services (provided by parties other than Ziber or Ziber Affiliates), you are responsible for them and must contact the Third Party directly for any issues.
Modifications
We may modify our Terms from time to time, for example, to reflect changes in our Services (such as adding new features or benefits to our Services or discontinuing certain features of specific Services) or for legal, regulatory, or security reasons. These changes may be visible to users or not. As a result, we will periodically update the legal terms under which the Services are offered. If we make material changes, we will notify you by posting it on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will specify a reasonable period before the new Terms come into effect. If you disagree with our changes to the Terms, you must stop using the Services within the indicated period. By continuing to use our Services, you automatically agree to our modified Terms. You have the right to object to any changes at any time by ceasing to use our Services and may cancel any subscription you have. However, disputes that arose before the changes will be subject to the Terms in effect before the dispute arose.
The Terms may change in the future, and we will notify you in advance, so you can decide whether to continue using the Services or not.
Discontinuation of Services
Ziber may decide to discontinue any (or parts of) the Services. We will notify you, the Customer, and/or users of the respective service in a timely manner, allowing a reasonable period for you to transition to an alternative service from another provider. We reserve the right to stop accepting new users for the respective service from that point on.
It is possible that we may decide to stop certain Services. We will inform you in advance, giving you time to take actions to find an alternative.
Disclaimer
Our Services are provided "as is." Ziber, Ziber Affiliates, Ziber partners, Ziber suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, to the fullest extent permitted by applicable law, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of others. Neither Ziber nor its suppliers and licensors make any warranty that our Services will be error-free or that access will be continuous or uninterrupted.
Our Services are provided "as is," and we cannot guarantee that they will be error-free or uninterrupted.
Contracting Entity and Dispute Resolution
Ziber B.V. (Netherlands)
If you use free or paid Services, you are contracting with Ziber B.V., located at Zijperweg 4 j, 1742 NE, Schagen, Netherlands (registered with the Chamber of Commerce in Alkmaar, Netherlands, under number 37088655, VAT number: NL809718911B01).
Ziber BV (Netherlands) is the entity you are contracting with under this agreement.
Dispute Venue
Unless applicable law states otherwise, these Terms, any access to or use of the Services, whether free or paid, are governed by Dutch law, excluding any conflict of laws. The appropriate jurisdiction for all disputes arising out of or related to these matters is the District Court of North Holland (Netherlands). Except for claims for injunctive relief or equitable relief and claims regarding intellectual property rights (which may be filed in any competent court without posting a bond), any dispute arising under these Terms will be resolved exclusively by the District Court of North Holland. The arbitration will be conducted in Dutch in Alkmaar (Netherlands), and the arbitration award may be enforced by the court in Alkmaar.
In case of disputes, they will be resolved by the District Court of North Holland.
Miscellaneous
The prevailing party in any action or proceeding to enforce these Terms will be entitled to recover its costs and attorneys’ fees. If any part of these Terms is found to be invalid or unenforceable, that part will be construed to reflect the original intent of the parties, and the remaining portions will remain in full force and effect. A waiver by either party of any term or breach of these Terms will not constitute a waiver of such term or any subsequent breach.
The prevailing party in case of a dispute will be entitled to reimbursement of attorney fees and other costs from the other party.
Limitation of Liability
We do not seek to exclude our liability, but there are limits to our liability that we describe in this section.
Regarding Your Data
Ziber is not liable for Your Data, materials, or third-party materials, including links to third-party websites and activities offered by users. Such content and activities cannot be attributed to Ziber and do not represent the views of Ziber.
Regarding Harmful or Destructive Materials
Ziber has not reviewed, and cannot review, all of the material posted on the Services, including computer software, files, images, video, text, code, audio, links, and snippets of programs. Ziber cannot be held responsible for the content, use, or effects of such materials. It is your responsibility to take the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive materials.
Regarding Indirect Damages
Ziber, Ziber Affiliates, Ziber partners, and/or its legal representatives are not liable for indirect damages, including financial losses such as loss of profit, unless there is gross negligence or willful misconduct.
Regarding Delays
Ziber is not responsible or liable for failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond Ziber’s reasonable control (such as labor disputes, natural disasters, war or terrorist activities, vandalism, accidents, or compliance with applicable laws or government orders). Ziber will attempt to mitigate the effects of these events and fulfill the obligations not affected by these circumstances.
Deficiencies and Availability
Nothing in these Terms is intended to exclude Ziber's liability for any breach. Except in cases where we have intentionally concealed deficiencies or where deficiencies make the Services unusable, we provide the Services “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” We cannot guarantee the accuracy or timeliness of the Services. You acknowledge that computer and telecommunications systems are not error-free and that occasional periods of downtime may occur. We cannot guarantee that the Services will be uninterrupted, up-to-date, accurate, or error-free. We and our partners, resellers, Ziber Affiliates, and suppliers make no contractual guarantees. You are entitled to all mandatory warranties provided by law, but we make no other warranties. To the maximum extent permitted by applicable law, we disclaim all implied mandatory warranties, including warranties of merchantability, fitness for a particular purpose, professional effort, and non-infringement.
Maximum Liability
In no event shall Ziber, Ziber Affiliates, our suppliers, and licensors be liable concerning any subject matter of these Terms under contract, negligence, strict liability, or other legal or equitable theory for amounts exceeding what you paid to Ziber under these Terms in the twelve (12) months prior to the cause of action. For Services provided free of charge, liability is limited to direct damages up to EUR €300.00.
We do not want to exclude liability for our Services but acknowledge that there are limits. These are outlined here.
Severability & Waiver
If any part of the Agreement is found to be unlawful, void, or unenforceable, that part of the Agreement can be severed, and this will not affect the validity or enforceability of the remainder of the Agreement. A waiver by either party of any provision or condition of the Agreement or any breach thereof, in any instance, does not constitute a waiver of such provision or condition or any subsequent breach thereof.
Ziber may assign its rights under the Agreement unconditionally. You may only assign your rights under the Agreement with our prior written consent.
If any part of the Agreement is unlawful, the rest remains valid; a waiver of a provision does not waive future breaches. Ziber may transfer its rights unconditionally, but you may only transfer them with written consent.
Translation
These Terms were originally written in Dutch (NL). We may translate these Terms into other languages so that you can easily understand them. If there is any conflict between a translated version of these Terms and the Dutch version, the Dutch version will prevail.
These Terms may be translated into other languages, but the Dutch version (the original) will always take precedence.
Overview of Services
When these Terms refer to the Services, they include the following products, apps, websites, and services from Ziber:
Ziber Education, Ziber Kwieb, Ziber Team, Ziber Pay, Ziber SenseView, Ziber Api, Ziber Cloud, Ziber Translate, Ziber Sitehand, Ziber Webbly, Ziber Shoplin, Ziber Sitecup, Ziber Dashboard, Ziber Support, Domain Registration & DNS, Websites: www.ziber.eu, kwieb.ziber.eu, team.ziber.eu, pay.ziber.eu, api.ziber.eu, www.senseview.eu, translate.ziber.eu, cloud.ziber.eu, support.ziber.eu, dashboard.ziber.eu, jumpstart.ziber.eu, legal.ziber.eu
Definitions
For a list of definitions used, click here.