These Terms of Service (the “Terms”) describe your legal rights and responsibilities when using ezyClients services provided by 4Clients B.V. (the “Services”). These Terms create a legal and binding agreement between 4Clients B.V. ("ezyClients" or "we") and the Customer (as further described below) agreeing to be bound by these Terms. A Customer may be referred to herein as the “Customer” or as "you". Those persons who access the Services using Customer’s account are referred to herein as the "End Users".
When you sign up for a ezyClients account, purchase subscriptions, or accept an invitation to use the Service in conjunction with an individual or team who already has a ezyClients account, you are agreeing to these Terms on behalf of the organization you represent.
By accessing or using the Services, Customer acknowledges that Customer has read, understands, and agrees to be bound by these Terms and ezyClients’s Privacy Policy, which are hereby incorporated into and made a part of these Terms.
To access the Services, you must register for a ezyClients account by providing your full legal name, a valid email address, and any other information required to complete the registration process. The Services are not intended for use by those under the age of 16 and You are responsible for ensuring that all End Users are at least 16 years of age.
You and your End Users are responsible for all login credentials, including user names and passwords and ezyClients shall not be liable for any damages or losses that may occur as a result of your failure, or the failure of your End Users, to maintain the confidentiality of their login credentials. You are responsible for notifying us at privacy@ezyclients.com if you become aware of any unauthorized use of or access to your account.
ezyClients may communicate with you via email or pushed notifications regarding your account, system updates, or other issues related to your account and may assume that any communications we receive under your account have been submitted by you.
All End Users must comply with the following rules regarding acceptable use of the Services. End Users may not:
End Users may not utilize the Services to carry out, promote or support:
End Users may create, process, upload, submit, store, send and receive content in connection with their use of the Services (the “Customer Content”). As between Customer and ezyClients, Customer retains all ownership and intellectual property rights in and to that Customer Content and ezyClients shall not be responsible for the Customer Content or the way Customer or its End Users choose to use the Services to store or process any Customer Content.
The Service is provided on a subscription basis with fees calculated based on your total number of End Users. The number of End User subscriptions purchased under a subscription cannot be decreased during the applicable term. No credits or refunds will be issued for usage that is less than the purchased number of licenses. No adjustments are made for unused time on licenses. The subscription term for your End Users begins on the date on which you sign up and pay for the Service (the “Subscription Start Date”), regardless of the date on which you provision your individual End User accounts.
Customer agrees that its subscription to the Services will automatically renew on an annual or monthly basis (the “Renewal Date”) depending on the term chosen by Customer when subscribing to the Service. Customer hereby authorizes ezyClients to automatically charge Customer the applicable fees on or after each such Renewal Date unless Customer’s subscription to the Service has been terminated or cancelled as set forth in Section 5 below.
Fees are based on annual or monthly periods that begin on Customer’s Subscription Start Date and end on the annual or monthly anniversary thereof (depending on whether Customer chooses an annual or monthly subscription).
ezyClients may, at its option, offer new customers a limited free trial of the Service, subject to these Terms. Notwithstanding anything to the contrary herein, ezyClients shall have the right to terminate a Customer free trial at any time and for any reason. No organization or individual is entitled to receive more than one (1) free trial of the Service.
If you fail to make payments (not disputed in good faith) when due under these Terms, and after continued non-payment for a period of fifteen (15) days after we provide you with written notice and an opportunity to cure, we may suspend provision of the Service until payment is received.
These Terms shall remain in full force and effect until all Customer subscriptions to the Service have expired, have been terminated or are cancelled. Either party may terminate Customer’s subscription to the Service if the other party: (a) is in material breach of these Terms and fails to cure such breach within twenty (20) days following written notice by the non-breaching party; or (b) ceases its business operations or becomes subject to insolvency proceedings and such proceedings are not dismissed within sixty (60) days. Customer may cancel its subscription to the Service by notifying ezyClients at privacy@ezyclients.com no later than thirty (30) days prior to the Renewal Date.
Upon expiration, termination or cancellation of Customer’s subscription, ezyClients may immediately deactivate Customer’s account; provided, however, that in no event shall any such deactivation relieve Customer of any obligation to pay fees accrued or payable to ezyClients or of any liability pertaining to Customer’s use of the Service prior to such expiration, termination or cancellation. The following sections shall survive any expiration or termination of these Terms: Sections 7, 8, 10, 13 and 16.
ezyClients will make the Services available to Customer and its End Users as described in these Terms.
ezyClients will maintain industry-standard administrative, physical, and technical safeguards designed to prevent unauthorized access, use, modification, deletion or disclosure of the Customer Content and will ensure that third-party service providers utilized by ezyClients in connection with its delivery of the Services do the same.
The European Union’s General Data Protection Regulation (GDPR) provide individuals in certain circumstances with rights to, among other things, access, delete and make corrections to their personal data. ezyClient’s commitment to meeting these obligations can be found in its Privacy Policy.
As between ezyClients and Customer, ezyClients owns all intellectual property rights in and to the Service (excluding only the Customer Content) and all trademarks, logos and service marks utilized by ezyClients in connection with the delivery of the Service. ezyClients grants You a non-sublicensable, non-transferrable, non-exclusive, limited license to use the object code version of the Service solely as necessary to use the Service in accordance with these Terms. All rights not expressly granted by this license are hereby retained by ezyClients and you may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service.
By submitting any feedback or suggestions regarding the Service, or sharing such feedback with any representative of ezyClients, You grant to ezyClients an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use such feedback or suggestion(s) for any purpose and without any obligation or compensation to You, any End User, or any other Customer personnel.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND ezyClients EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER: (A) IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER, CAUSED, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) NEITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR CUSTOMER’S USE OF THE SERVICE WILL EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
The provisions of this Section 9 allocate the risk between the parties under these Terms, and the parties have relied on these limitations in determining whether to enter into these Terms.
ezyClients reserves the right to update or modify these Terms from time to time as our business evolves by posting an updated version of these Terms on our website. This includes the right to modify the services included on Free tier plans. If, in our sole discretion, we believe that the modifications being made are material, we will notify You (email to suffice) prior to the change taking effect. By continuing to utilize the Service after the effective date of any update to these Terms, Customer will be deemed to have accepted such update.
These Terms and any disputes arising under it will be governed by the laws of the Netherlands.