2.1 These terms apply to all Agreements and any use of the Platform.
2.2 By registering and checking the acceptance checkbox, Customer unconditionally accepts these terms.
2.3 General terms of Customer are expressly rejected.
2.4 Deviations are only valid if agreed in writing.
2.5 Order in case of conflict: (1) specific addendum, (2) Data Processing Agreement, (3) SLA, (4) these Terms, (5) Privacy Policy, (6) Cookie Policy.
2.6 Changes announced 30 days in advance. If materially detrimental, Customer may terminate free of charge within 30 days.
2.7 Void provisions are replaced; others remain valid.
3.1 Offers are non-binding.
3.2 Agreement is formed upon account registration + acceptance of terms, activation of paid subscription, or use of the Service.
3.3 Smart-Verkoop may refuse applications without giving reasons.
3.4 Obvious typos/errors do not bind Smart-Verkoop.
3.5 Identification data (CoC, VAT) may be requested.
4.1 Platform provided as Software as a Service (SaaS). No ownership rights for Customer.
4.2 Available functionality per Subscription; see pricing page.
4.3 Smart-Verkoop may add, change or remove functionality. Customer will be informed of substantial reduction.
4.4 Target 99% availability per month, excluding maintenance, force majeure and Third Party outages.
4.5 Smart-Verkoop not liable for inaccuracies/outages at Third Parties.
4.6 Anonymized usage data may be collected for platform improvement.
5.1 Registration requires valid email and strong password.
5.2 Customer keeps credentials confidential, uses strong passwords, reports suspicious activity, keeps data current.
5.3 Customer is liable for all actions under their account.
5.4 One account per Customer. Multiple accounts for free trials prohibited.
5.5 For team accounts, Customer is responsible for all users.
5.6 Accounts may be blocked/terminated for abuse, non-payment, violation, authorities' requests, or stability risk.
5.7 No refund upon termination for violation.
6.1 Monthly subscription, indefinite term, automatic renewal.
6.2 Prices in euros. Business: excluding VAT (21%). Consumers: VAT included.
6.3 Payment via Mollie. No storage of full payment details.
6.4 Cancellation up to 24 hours before renewal via account settings.
6.5 Price changes announced 30 days in advance. Upon increase >10%, Customer may terminate free of charge.
6.6 Annual indexation CPI, max 5%.
6.7 Upon non-payment: reminder (14d), warning (7d), then suspension + collection costs + commercial interest (business).
6.8 No set-off/suspension/withholding by Customer.
6.9 Invoice objections in writing within 14 days.
7.1 During trial: full access, no costs, automatic conversion to paid unless cancelled.
7.2 One trial per Customer/household.
7.3 Consumers have 14-day withdrawal right but expressly waive by using the Service immediately (Art. 6:230p sub g Dutch Civil Code).
7.4 Business Users have no withdrawal right.
8.1 Customer uses Platform legally, compliant with law and Third Party terms.
8.2 Prohibited: illegal activities, unauthorized access, scraping/DDoS, reverse engineering, malware, identity fraud, spam, IP infringement, hateful content, unauthorized sublicensing, tools outside official APIs.
8.3 Fair Use: Smart-Verkoop may apply limits or suggest upgrade for excessive use.
8.4 Rate limits per API documentation.
8.5 Upon violation: suspension/termination, damages recovery, report if criminal.
9.1 All IP rights on Platform belong to Smart-Verkoop.
9.2 No transfer of IP rights to Customer.
9.3 Customer receives limited, non-exclusive right of use for the term.
9.4 Customer Content remains Customer's. Royalty-free license to Smart-Verkoop for the Service. Customer indemnifies against third party claims.
9.5 Smart-Verkoop may freely use feedback.
9.6 Smart-Verkoop brand use requires permission. Customer may be mentioned as reference unless objected.
10.1 Platform integrates with bol.com, Amazon, Mollie, ShoppingScraper etc.
10.2 Customer maintains own accounts, correct credentials, compliance with their terms, bears own costs.
10.3 Customer authorizes Smart-Verkoop for API calls on their behalf.
10.4 No liability for availability/accuracy/changes at Third Parties.
10.5 Upon termination: automatic API disconnect.
11.1 No guarantee of error-free data or specific results (more sales/profit).
11.2 Limitation: total up to amount paid in last 12 months subscription. Max €5,000 per event, €10,000 per year.
11.3 Never liable for: indirect damage, consequential damage, lost profit/revenue, reputational damage, Third Party errors, force majeure, cyberattacks (despite reasonable security), misconfiguration by Customer.
11.4 Damage notification within 14 days, otherwise right lapses.
11.5 Limitation period 12 months after event.
11.6 Customer indemnifies Smart-Verkoop against third party claims.
11.7 Limitations do not apply to intent/gross negligence, death/injury, or statutorily non-excludable obligations.
12.1 Target 99% uptime per month.
12.2 Not counted as downtime: maintenance (max 10h/month), Third Parties, force majeure, Customer actions, cyberattacks.
12.3 Planned maintenance outside office hours, announced 24h in advance.
12.4 Emergency maintenance without announcement.
12.5 Compensation only via separate SLA.
12.6 Support: email within 2 business days (4 business hours Pro/Business).
13.1 Appropriate measures: SSL/TLS, bcrypt passwords, access control, updates, logging, backups, multi-tenant isolation.
13.2 Customer responsible for strong passwords and secure use.
13.3 Data breach: Customer informed within 48h (GDPR art. 33).
13.4 Periodic audits.
13.5 Not liable for data loss beyond reasonable control.
13.6 Customer exports important data periodically.
14.1 Processing personal data per GDPR. See Privacy Policy.
14.2 When processing on behalf of Customer: Data Processing Agreement (GDPR art. 28).
14.3 Customer responsible for lawfulness, legal basis and information duty to end customers.
15.1 Customer may cancel via account or email. Effective at end of billing period. No refund.
15.2 Smart-Verkoop may terminate immediately for: material breach (after 14d notice), non-payment >30d, bankruptcy, fraud, technical/legal impossibility, court order.
15.3 Consequences: access stopped, APIs disconnected, 30-day data export, then deletion, backups overwritten within 90 days, outstanding claims remain.
15.4 Articles 9, 11, 16, 17, 18 survive termination.
16.1 Both parties keep confidential information secret.
16.2 Confidential: trade secrets, financials, source code, algorithms, strategy, personal data.
16.3 Not: already public, independently developed, legally required disclosure.
16.4 5 years after termination (trade secrets indefinite).
17.1 Natural disasters, war, cyberattacks, internet/power outages, Third Party failures, law changes, pandemics, strikes.
17.2 Suspension without liability.
17.3 Duration >60 days: either party may dissolve.
17.4 Smart-Verkoop informs ASAP.
18.1 Changes via email/Platform, 30 days in advance.
18.2 Continued use = acceptance.
18.3 Material detriment: free termination within 30 days.
18.4 Changes due to law/Third Parties: immediately binding.
19.1 Customer may not assign without permission.
19.2 Smart-Verkoop may assign to affiliates/successors.
19.3 Subcontractors allowed, Smart-Verkoop remains responsible.
20.1 Exclusively Dutch law, CISG excluded.
20.2 Order: (1) amicable consultation 30 days, (2) mediation, (3) competent court of Smart-Verkoop's district.
20.3 Consumers: also ODR platform (ec.europa.eu/consumers/odr).
20.4 Preliminary injunction always possible.
21.1 Void provisions are replaced; others remain valid.
21.2 Non-enforcement is no waiver.
21.3 Entire agreement: these Terms + Privacy Policy + Cookie Policy + Data Processing Agreement.
21.4 In case of translation discrepancies, Dutch text prevails.
21.5 Version 2.0, April 23, 2026.
Contact: Smart-Verkoop, CoC 95488294, info@smart-verkoop.com