Terms of service

These general terms and conditions of Flitsmeister B.V., a private limited company with its registered office and principal place of business at Landjuweel 24, 3905 PG Veenendaal (hereinafter referred to as "the Licensor"), apply to all products and Services purchased by the User. The Licensor hereby grants the User a licence to use its Software subject to the following terms and conditions:

Article 1: Definitions

1.1 Additional Services: the additional services to be provided to a specific User based on a further agreement between the Licensor and the User, such as Software subscriptions, including Flitsmeister PRO and PRO Plus.

1.2 Equipment: the phone or other peripheral device (iPhone or Android) on which the User has installed the Software.

1.3 Basic Services: the Services that are available as standard to all Users of the Software.

1.4 Third Parties: parties who, pursuant to a further agreement with the Licensor, provide Services and/or perform work on the Software for the User.

1.5 Service: the offer or processing of information (such as traffic information) by means of remote communication techniques in the Software.

1.6 End User: the natural person who uses or would like to use the Software and/or the Service.

1.7 User: the End User or the Business User.

1.8 Intellectual Property Rights: any intellectual property rights, including, but not limited to, copyrights, database rights, trade mark rights, know‑how and patent rights.

1.9 In-App Purchases: the order of Additional Services from the Licensor or from Third Parties or other purchases made through the Software, which order will or may be processed via the Store in full or in part.

1.10 Software: the software developed by the Licensor, including any Updates to the Software.

1.11 Licence: the right granted to the User by the Licensor to install, load and run the Software and use the Service on the Equipment, in accordance with the terms and conditions of this Licence Agreement.

1.12 Licence Agreement: these terms and conditions.

1.13 Support: support given to Users by providing answers to questions relating to the use and functionality of the Software.

1.14 Store: the online platforms operated by Third Parties where the Software can be downloaded and purchases can be made or In-App Purchases are handled and processed, including in any case the iTunes App Store, Google Play and the Windows Phone Store.

1.15 User-Generated Content: all works and data generated by the User and sent to the Licensor through the Software or otherwise.

1.16 Update: an improved version of the Software in which an error is fixed (e.g. from version 0.1 to version 0.2) or which encompasses a change in functionality or new features (e.g. from version 1.0 to version 2.0).

1.17 Business User: the natural person or legal entity that uses or would like to use the Software and/or the Service in the context of their professional or business activities.

Article 2: Licence and licence conditions

2.1 The Licensor hereby grants the User a non-exclusive and non-transferable Licence without territorial restrictions to use the Software in accordance with the terms and conditions stated in this Licence Agreement. The Licence includes the technical support documentation for the use and operation of the Software, including the specifications and instructions for installation and use, as well as any additional information that the Licensor periodically provides to the User during the term of this Licence Agreement. The Licensor will make the information available to the User by electronic means via www.flitsmeister.nl.

2.2 The Licence for the Basic Service is for an indefinite period of time, on the understanding that it ends automatically when the User removes the app from the Equipment.

2.3 The Licence for an Additional Service can only be obtained through the Store. The term of this Licence is equal to the term indicated in the Store at the time of purchasing the Licence; if no such term is indicated, the term of validity of the Licence will be one year.

2.4 If there are disputes about the term of validity of the Licence, in principle the Licensor's and/or the Store's records are binding, subject to the User providing proof to the contrary.

2.5 If a Licence for an Additional Service of the Licensor is not renewed at the end of the term, this Licence will automatically expire and the User will automatically receive a Licence for the Basic Service again.

2.6 The User hereby explicitly consents to the manner of cancellation offered in the Store from which the User places an Additional Service on the Equipment. If and insofar as the offer in the Store includes a limitation on the statutory cancellation period, the User hereby waives the right to cancel the purchases during the statutory cancellation period.

2.7 The User is not permitted to distribute, sell, copy, transfer or otherwise lose control of the Software. The User is not permitted to provide their account details for the Software, including in any event the password, to third parties.

2.8 The User is not permitted to make changes to the Software or to parts thereof. Further, the User may not reverse engineer or decompile the Software or parts thereof, except for those situations in which this is permissible under mandatory copyright law and subject to the condition that the User has received the Licensor’s prior written permission. The Licensor may attach conditions to such permission.

Article 3: Provision of Services

3.1 The Licensor provides the User with the Basic Service and any Additional Services during the term of this Licence Agreement.

3.2 Additional Services may be offered by the Licensor or by Third Parties. The Licensor does not guarantee the availability of Third-Party Services. The use of Third-Party Services is subject to that Third Party's general terms and conditions.

3.3 The Licensor will endeavour to ensure that the Services are available to the greatest extent possible. However, the Licensor cannot guarantee the continuous availability of the Services. The Licensor will also endeavour to ensure that the information offered by means of the Services is correct and that the relevant Service is provided correctly. However, the Licensor cannot guarantee that all information offered and/or Services provided are error-free, fit for a particular purpose or suitable for normal use.

3.4 The User may purchase Additional Services with the Software both through In-App Purchases and through the Store. The use of Additional Services is subject to any further terms and conditions stated at the time of the relevant purchase. The price for and the term of the Additional Services will be laid down in the relevant agreement.

3.5 The User hereby requests that the Additional Services are started immediately after payment in the Store - i.e. during the statutory cancellation period. The User accepts the cancellation conditions offered in the Store.

3.6 With respect to various Services, the User may make suggestions to the Licensor about adding, improving or removing certain information. The Licensor will consider this User-Generated Content but is not obliged to adopt all suggestions.

Article 4: Price and payment

4.1 The use of the Basic Service is free of charge.

4.2 The User pays the fee for the Additional Services as stated in the Store and/or the relevant agreement.

4.3 Payment of the fee for the Licence for the Additional Services is made through the Store or directly to the Licensor. If the fee is paid directly to the Licensor, the following provisions apply.

4.4 The prices of the Licensor's Additional Services are listed on the website and can be consulted via this link. All prices and rates are in euros and inclusive of VAT and any other government levies imposed at the time the agreement is concluded, unless expressly stated otherwise.

4.5 All prices and rates mentioned on the website and in communications (including advertising statements) and offers issued by the Licensor are subject to reservations regarding programming, typing or writing errors.

4.6 The fee for the Additional Services consists of an amount paid per month, quarter or year. When Additional Services are purchased, the fee for the first subscription period is paid immediately by way of an advance payment. When the agreement is automatically renewed, for up to one month at a time, the agreed monthly amount is paid in arrears each time.

4.7 Payment of the fee for the Additional Services is made via the payment method offered on the website. For payment purposes, the User expressly authorises the Licensor to transfer the fees or to have them transferred from the corresponding account number by direct debit. If the direct debit fails, the Licensor will inform the User of this accordingly and will give the User a period of 14 calendar days to go on to fulfil their payment obligation. If payment is not made within this period, the Licensor will have the right to block the User's account until the User has fulfilled their payment obligation.

4.8 The Additional Service will be activated and the Licensor's paid Service will commence immediately after the User's first payment to the Licensor. The User's right of withdrawal will lapse as a result. When they start to use the Additional Service, the User expressly agrees to the performance of the Additional Service starting during the withdrawal period and acknowledges that the right of withdrawal will lapse as a result.

4.9 The Licensor may change the payment terms if the Licensor is of the opinion that the User's financial position or payment behaviour or the nature of the relationship with the User so requires.

4.10 The Licensor is entitled to suspend the performance of its obligations under the agreement if the User fails to fulfil their obligations.

4.11 The Licensor will send a demand or notice of default to a User who fails to pay or who fails to pay on time. If payment is still not made, the User will owe statutory interest on the outstanding amount.

4.12 If, after a demand or notice of default, the User still fails to pay the debt, the Licensor may pass on the claim for collection, in which case, in addition to the total amount owed at that time, the User will also be liable to pay the judicial and extrajudicial costs, including all costs charged by external experts. This fee will at least include the extrajudicial collection costs set by the Dutch government in the Dutch Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten) or any successive legislation. The foregoing is without prejudice to the Licensor's other statutory and contractual rights.

4.13 The Licensor offers Additional Services at different levels, with one Additional Service including all functionalities of another Additional Service, as well as additional functionalities. If a User is already using an Additional Service and upgrades to an Additional Service with additional functionalities, the User will already have paid the fee for the first Additional Service. In that case, the Licensor will deduct the fee already paid from the next invoice for the Additional Service with additional functionalities.

Article 5: Business Users

5.1 A natural person or legal entity becomes a Business User by creating a business account in the Software. The Licensor may assume that if a person signs up on behalf of a legal entity, that person is authorised to act for or to represent that legal entity.

5.2 End Users have the option of linking their account with that of a Business User. The Business User is to approve this link.

5.3 An End User who has linked their account with that of a Business User is relieved of the obligation to pay for Additional Services as referred to in Article 4. Instead of the End User, the Business User is then responsible and liable for payment of the fee for the End User's Additional Services. Article 4 applies mutatis mutandis to the Business User.

5.4 In the Software, the Business User has an overview of all End Users linked to the Business User. The Business User is responsible for checking and updating this overview. This includes being responsible for removing End Users.

5.5 Once the link with the Business User is removed, the End User's exemption from paying for the Additional Services ends. The Business User nevertheless remains responsible and liable for payment of all fees not yet paid at that time.

5.6 The Business User guarantees that they have performed all of their obligations to the End User under the applicable privacy laws and regulations. This means, among other things, that the Business User has obtained consent from the End User for processing their data, if necessary, and that the Business User has sought the advice and/or consent of the works council, if necessary. The Business User indemnifies the Licensor against third-party claims and fines from the authorities based on an allegation of non-compliance with laws and regulations in the context of the relationship between the End User and the Business User.

Article 6: Maintenance and Updates

6.1 The Licensor will only maintain the latest - current - version of the Software to the best of its ability and will use its best efforts to fix any errors and provide Updates.

6.2 In addition, the Licensor may develop Updates to the Software to the extent that it deems this appropriate and desirable. The Licensor may make a distinction between the Basic Service and Additional Services as regards the nature, content and number of Updates offered.

6.3 Updates are distributed solely via the Store and the technology provided for this purpose by the parties that provide the Store.

6.4 The User is not obliged, but is explicitly advised, to install all Updates or have them installed. The Licensor expressly points out the possibility that the Services will only function with the latest - current - version of the Software. A failure to install Updates may therefore result in a loss of, or even an overall lack of, functionality in the Software.

Article 7: Support

7.1 The Licensor will provide Support to the User free of charge.

7.2 Support is only provided for the latest version of the Software.

7.3 Even though the Licensor will use its best efforts to resolve every issue, Support is offered "as is" and without any guarantees. The Licensor cannot guarantee the accuracy of the answers given.

7.4 Support is provided exclusively via the Licensor's website and via social media channels designated by the Licensor. The User may ask the Licensor questions via the website and/or social media and/or contact other Software users via the forum.

7.5 The Licensor does not provide Support for Third-Party Services.

7.6 In view of the fact that Support is provided free of charge, the Licensor is entitled to no longer provide Support to Users who make excessive use of it.

Article 8: Intellectual property and indemnification

8.1 All Intellectual Property Rights to the Software, the User-Generated Content and the other works are held exclusively by the Licensor, its licensors or its suppliers. The User only acquires the rights of use as explicitly provided in this Licence Agreement and subject to the terms and conditions set out in this Licence Agreement.

8.2 The User hereby grants an irrevocable licence, free of charge, to the Licensor to use the User-Generated Content for an indefinite period of time for the purpose of the current and future operation of the Software and the Service, as if the Intellectual Property Rights in the User-Generated Content belonged to the Licensor and without the Licensor having to state the User's name or respect any other moral rights of the User.

8.3 The User is not permitted to remove or modify any indication concerning copyrights, trade marks, trade names or any other Intellectual Property Rights or industrial property rights.

8.4 The Licensor is permitted to take technical measures to protect the Software and the Services or in respect of the agreed usage restrictions or other restrictions relating to the Licence. The User is not permitted to remove or circumvent such technical measures.

8.5 The Licensor indemnifies the User against claims by third parties based on the allegation that the Software, the Service or other materials originating from the Licensor infringe the Intellectual Property Rights of third parties, on condition that the User immediately informs the Licensor in writing of the existence and substance of the claim and leaves the handling of the case, including any settlements, entirely to the Licensor. The User will lend all necessary cooperation to the Licensor in this respect.

8.6 If there are serious grounds for believing that the Software or other materials provided by the Licensor to the User infringe any Intellectual Property Right belonging to a third party, the Licensor will - at its sole discretion - (a) change the Software/Service so that the Intellectual Property Rights of those third parties are no longer infringed, (b) offer comparable software/services to the User with similar functionality that does not infringe those third-party rights, (c) obtain a licence from those third parties at its own expense to ensure that the User can continue to use the Software or the Services, or (d) offer the User any other reasonable solution. Any other or more extensive liability the Licensor has to the User for violating a third party’s Intellectual Property Rights is completely excluded.

8.7 If changing the Software/Service, offering comparable software/services and/or offering another reasonable solution as referred to in Article 8.6 results in a substantial deviation from the Software/Service for which the User wanted to obtain a Licence, the User will be entitled to terminate the Licence Agreement.

Article 9: Liability

9.1 Without prejudice to the other provisions concerning the Licensor's liability, its total liability for attributable failures to perform the agreement is limited to the compensation of direct damage up to a maximum of €5,000 (five thousand euros). Direct damage will mean only:

a.) reasonable costs which the User has to incur to have the Licensor's performance comply with the Licence Agreement; however, such substitute damage will not be compensated if the agreement is terminated by or at the request of the User;

b.) reasonable costs incurred in determining the cause and extent of the damage, to the extent that the determination relates to direct damage within the meaning of these terms and conditions;

c.) reasonable costs incurred to prevent or limit damage, to the extent that the User proves that these costs resulted in a limitation of direct damage within the meaning of these terms and conditions.

9.2 The Licensor's liability for consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business stagnation, damage as a result of claims by the User's customers, corruption or loss of data and all forms of damage other than those mentioned in Article 9.1 is excluded. Should the Licensor still be liable for such damage or loss, the Licensor's compensation obligation is limited to what the Licensor's insurer pays out in this regard.

9.3 In all cases, the Licensor's liability for an attributable failure to perform its obligations under this Licence Agreement will only arise if the User sends the Licensor a prompt and proper written notice of default giving a reasonable period within which to remedy the failure and if the Licensor attributably remains in breach of its obligations even after that period. The notice of default must contain as complete and detailed a description of the breach as possible, so that the Licensor can respond adequately.

9.4 Under no circumstances is the Licensor liable for any damage caused by Third-Party Services.

Article 10: The Licensor's guarantee

10.1 The Licensor will endeavour to maximise the availability of the Services, but provides the Software, including any Updates, as well as the associated Services, to the User "as is". The Licensor does not guarantee that the Software or the Services will function without interruption, be error-free or be suitable for any specific purpose, or that the information provided will be complete, or that errors or other problems will be fixed in Updates or modifications to the Service.

Article 11: The User's obligations

11.1 The Licensor emphasises that the use of the Software and the Service(s) is the User's own responsibility. More specifically, the Licensor states in that context:

a.) that the Software and the Service are not intended to circumvent or evade compliance with traffic laws and regulations or other laws and regulations;

b.) that the driver must not operate the Equipment while driving;

c.) that use of the Software and the Service may not be permitted in certain countries/jurisdictions.

Article 12: Privacy and personal data processing

12.1 The use of the Software and the Service(s) entails the processing of personal data (including location data). The Licensor is the controller for this data processing.

12.2 The use of the Software also entails data being stored (temporarily or otherwise) on and read from the User's Equipment.

12.3 By using the Software and the Service(s), the User grants the Licensor consent to this data processing.

12.4 The purposes of the relevant processing, as well as other information concerning this data processing, can be read in the Licensor's privacy policy. Click here for Flitsmeister's privacy policy.

12.5 The Licensor reserves the right to amend the privacy policy from time to time. The latest version of the privacy policy can always be consulted on the Licensor's website. The User hereby agrees to such minor amendments, on the understanding that if this is required by law, the Licensor will ask the User for additional consent before processing personal data in accordance with a new privacy policy.

Article 13: Duration, termination and consequences of termination

13.1 This Licence Agreement is entered into for the duration of the Licence and/or the Services.

13.2 The Licensor may suspend this Licence Agreement with immediate effect and terminate it in writing in the event of default (and block the User's access to the Service):

a.) if the User fails to perform their obligations under this Licence Agreement;

b.) if the User submits User-Generated Content that is incorrect or contrary to the law, public order or common decency on more than an occasional basis;

c.) if the User publicly advertises the Software and/or the Service as a means of circumventing compliance with, or circumventing checks for compliance with, traffic laws or other laws;

d.) if the Licensor considers that the operation of the Software is no longer profitable due to changed legislation, such as legislation prohibiting the use of the Service the Licensor offers to consumers.

13.3 Upon termination of this Licence Agreement - on whatever grounds and for whatever reason - all rights granted to the User under this Licence Agreement automatically expire and the User is obliged to remove the Software from their Equipment or to destroy the Software. All payment obligations of the former User remain in effect and exigible.

Article 14: Other provisions

14.1 If any provision of the Licence Agreement is held to be void or unenforceable by a competent judicial or administrative authority, this will not affect the remaining provisions of this Licence Agreement, and all provisions not affected by the void or unenforceable provision will remain in full force and effect.

14.2 The parties will endeavour to replace any void or unenforceable provision with a valid and enforceable provision that approximates as closely as possible the economic, legal and commercial purposes of the provision found to be void or unenforceable.

14.3 This Licence Agreement comprises the entire agreement between the parties. Additions or amendments to this Licence Agreement are only binding if agreed in writing. The Licensor reserves the right to unilaterally amend or supplement this Licence Agreement. The latest version of this Licence Agreement can always be consulted on the Licensor's website. The User hereby agrees to minor amendments. Amendments that change the User's legal position will be announced to the User in writing or by email and will take effect thirty (30) days after the announcement, unless another date is designated in the announcement. If the User does not agree to the amendments, the User will be entitled to terminate the Licence Agreement with effect from the effective date of the amendment.

14.4 The User will not assign or otherwise transfer their obligations under this Licence Agreement without the Licensor's prior written consent.

14.5 The Licensor is entitled to transfer its rights and obligations under this Licence Agreement to any third party as part of a transfer of its business. The Licensor is also entitled to transfer its rights and obligations under this Licence Agreement to any third party on other grounds, but in that case the Licensor will be liable to the User for that third party's performance of the obligations. The User hereby accepts such transfer by the Licensor and will lend any necessary cooperation to this.

Article 15: Applicable law and competent court

15.1 This agreement is governed exclusively by Dutch law. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 All disputes arising from or connected to this Licence Agreement or any related further agreements are to be brought exclusively before the competent Dutch court in the first instance.