Version: January 2022

These terms of use relate to the use of the Web application ‘Facilitee’ (“Web application”) of ServiceApp B.V. (“Facilitee”). By using the Web Application, you agree to these terms of use (“Terms of Use”). Facilitee processes data from property managers, owners, tenants and other service providers in the Web application. These parties are also the user of the Web Application (“User”). At the request of the customer of Facilitee or its manager (“Customer”), each User receives access to the Web Application via its own login code. The Customer or its administrator are also covered by the term “User” and the following terms and conditions also apply to them.

When Facilitee processes personal data, Facilitee naturally complies with its legal obligations, including under the General Data Protection Regulation (“GDPR”). More information about the processing of (your) personal data can be found in our privacy statement. This can also be consulted, downloaded and printed in its most recent form via the website www.facilitee.com.

The documents mentioned above are exclusively governed by Dutch law and any disputes arising from this will in the first instance be submitted exclusively to the competent court in Amsterdam.

I. Use of the Web Application and Responsibility for Credentials

1) The User will strictly and fully comply with all the provisions of these Terms of Use and will follow all additional instructions for the use of the Web Application that Facilitee may give from time to time.

2) In these Terms of Use, “Login details” means: the combination of the e-mail address to which the User has received an activation link from the Customer and the password chosen by the User, with which the User can access the Web Application.

3) The User is responsible for the lawful use of Login Details and the Web Application, as well as for the lawfulness of the information sent and/or stored by him using them.

4) The Login Details provided to the User are strictly personal. The User must ensure that no other person uses the Login Details and that they are not provided to third parties and/or become available. The User is also not permitted to transfer, rent, sell or otherwise make its Login Details available to third parties. As soon as the User knows or has reason to suspect that the Login Details or data stored in the Web Application have been disclosed or (otherwise) become available to unauthorized persons (including a data breach), the User must inform Facilitee immediately, but in any case within 24 hours of discovery, in writing and, in consultation with Facilitee, to immediately take effective measures against unauthorized use of the Web Application and/or to terminate such unauthorized use or unauthorized access. In addition, the User also informs the Customer of the possible data breach.

5) User behavior that is experienced as provocative, threatening, insulting, discriminatory, intimidating or annoying when using the Web application (whether or not by or for the use of the Web application by third parties) or behavior that is associated with threats , physical violence, destruction and/or serious disturbance of the peace, is also prohibited.

6) The User is not allowed to (i) copy, change, delete or create derivative works based on the Web Application, (ii) (part of) the content of the Web Application copy, rent, lease, loan, sell, license, sublicense, publish, frame, mirror or otherwise distribute, reproduce or disclose, (iii) reverse engineer, disassemble, decompile any software component , decrypt, modify, or otherwise attempt to access the Web Application’s software, in whole or in part, or (iv) access the Web Application to (a) build a competing product or Web Application, or (b) content copy, change or extract features, functions or images from the Web Application (including also including the name of Facilitee).

7) The User will only use the Web Application via a properly secured connection, by means of (properly functioning) hardware and software with regard to which the necessary technical and organizational security measures have been taken to protect the data to be processed in the Web Application against, among other things, disclosure, loss or (other) unauthorized access (including, but not limited to, computer viruses).

8) The User is aware of and accepts that Facilitee can take all measures it deems necessary or desirable if it detects a violation of these obligations, without Facilitee being liable for this.

9) As soon as Facilitee knows or has reason to suspect that a User has acted and/or is acting contrary to the provisions of these User Terms and Conditions, it is entitled to take all measures it deems appropriate in order to end the situation and/or limit damage (including immediately blocking the use of the Web Application by the User). Facilitee is not liable for damage resulting from measures as referred to in the previous sentence.

10) User is responsible and liable for his own use of the Web Application.

11) The User is liable for damage suffered by Facilitee as a result of incorrect use of the Web Application and/or incorrect processing of Personal Data, unless this is excluded by employment law, except in cases of intent or deliberate recklessness.

12) The User indemnifies Facilitee against all damage suffered by Facilitee, as well as claims from third parties (including fines imposed by supervisory authorities), caused by, following from and/or related to the actions of the User and/or third parties designated by it. in violation of these Terms of Use. In the event that the User uses the Web Application in his capacity as a consumer (as referred to in Article 6:236 of the Dutch Civil Code), the User is not obliged to compensate third parties for damage, except insofar as it is legally obliged to do so.

13) Facilitee is not liable for damage caused by the use of the Web application by the User or designated third parties, except in the case of damage caused by or due to acting in violation of the law or otherwise not complying with the provisions of these Terms of Use. and insofar as there is intent or willful recklessness on its part. Under no circumstances will Facilitee’s liability for damage, on whatever legal basis, exceed the amount paid out by the insurer for the claim, or – if the insurer has not paid compensation, an amount of EUR 5,000.

14) In the event that a claim or damage, in the joint opinion of the User and Facilitee or on the basis of a decision of a competent court, cannot be attributed exclusively to one of the Parties, each party is liable for the proportionately attributable to it. omission or other act that caused the damage, with due observance of the aforementioned limitations.

15) User’s liability referred to herein does not apply insofar as the law stipulates otherwise.

II. (Intellectual property rights

1) All (Intellectual Property and related) rights with regard to the Web Application are and will remain vested in Facilitee and/or its licensors. Facilitee exclusively grants its Clients – and those to Users – a non-exclusive, non-transferable, non-pledgeable and non-sublicensable right of use.

III. Web Application Maintenance and Changes to the Terms of Use; End of use

1) The User acknowledges that a) the Web Application is offered ‘as is’, without room for individual adjustment and that b) it is never guaranteed that the Web Application will work without interruption, error or defect. The User is obliged to contact its contact persons in a different way if the Web Application does not appear to be working properly.

2) The Web Application is provided on the basis of a best efforts obligation. Facilitee will endeavor to keep the Web Application available to the best of its ability and with due care. However, Facilitee cannot guarantee problem-free and uninterrupted availability of the Web Application. Facilitee also reserves the right to temporarily decommission the Web application for maintenance, adjustment or improvement of the Web application and/or the systems connected to it and/or to remedy any faults. Facilitee will ensure that such decommissioning takes place outside office hours as much as possible and, where possible, inform the User thereof in advance.

3) Facilitee may amend the Terms of Use at any time. In the event of material changes, Facilitee will, if reasonably possible prior to the changes, communicate changes to the User by email. If the Terms of Use are amended, you as a User may also be asked to agree to the Terms of Use again. If you do not wish to agree to the (amended) Terms of Use, you must inform the Customer within fourteen (14) days after notification of the change and the User will immediately no longer be able to use the Web Application. Continued use and/or the absence of the aforementioned objections after this period will be regarded as an agreement with the changes and in that case the new version of the Terms of Use will apply.

4) The User is aware that it will no longer have the right to use the Web Application if access is denied or the agreement between Facilitee and the Client or the employment contract or other type of agreement between the User and the Client in connection with which the Web Application is used ends . The user will then immediately discontinue use. The (personal) data and the content of the User’s account will then be deleted.

Download the Terms of Use here.