These Terms of Service(s) apply to and form an integral part of all Agreements with Sendsteps for the use of any Paid Services or Free Services and apply to every use of the Service(s) by Customer, End User(s) and/or Audience. Any general terms and conditions of Users are rejected and do therefore not apply.

The capitalized terms used in these Terms of Service(s) are defined words that shall have the following meaning:

The agreed Service(s) are specified in the Account.

Customer can choose for an upgrade of the Service(s), for example by upgrading from a Free Service to a Paid Service, by obtaining additional License(s) to a Paid Service or by obtaining additional functionalities within a Paid Service. Upgrades may be requested by Customer at any time.

Sendsteps also performs moderator services. Customer can contact Sendsteps if it wishes to make use of such moderator services. The Terms of Service(s), including but not limited to clause 6.2 regarding Customer’s obligations with respect to interoperability, also apply to such moderator services agreed upon between Sendsteps and Customer.

All obligations for Sendsteps including the Service(s) qualify solely as best efforts obligations and not as result obligations.

The Service(s) may only be used by User(s) for presentation creation and audience response purposes under the conditions as set out in the Terms of Service(s).

The Service(s) are intended for business use only. Customer warrants that it will use the Service(s) for business use only and not for consumer purposes. Customer must be at least 16 years old to use the Service(s). If Customer is under 18 Customer must have their parent or legal guardian’s permission to use the Service(s). If Customer uses the Service(s) on behalf of another person or entity, Customer must have the authority to accept the Terms on their behalf. Customer must provide accurate and complete information to register for an account. Customer may not make their access credentials or account available to others outside their organization, and they are responsible for all activities that occur using their credentials.

Sendsteps grants a non-exclusive, non-transferable and revocable license to Customer to use the Paid Service or Free Service for the term of the Agreement subject to the terms and conditions of the Terms of Service(s).

Customer is responsible for allocating an individual End User to a License. End User(s) must be employees of Customer or the Customer’s group companies. Sendsteps preserves the right to not accept an End User(s) if to Sendsteps sole discretion there are reasonable grounds. Customer warrants that the number of End Users does not exceed the number of the License(s) under the Paid Service or Free Service and that not more than one individual End User uses a Sub Account under a License.

All intellectual property rights regarding the Service(s), including but not limited to the Application, knowhow, information, analysis, design and user manuals, remain exclusively with Sendsteps or its third party licensors. The Application is not sold or transferred to User(s) in any way.

A License does not include the right to a copy of the Application or the source code. A License does not include the right to, and Users are not allowed to:

• (1) (partly or completely) copy or reproduce the Application;
• (2) assign, lease, sub-license, encumber, disclose or otherwise make available (parts of) the Application;
• (3) change or make error corrections to (parts of) the Application;
• (4) reverse assemble, reverse engineer, decompile or otherwise attempt to derive the source code of (parts of) the Application.

Sendsteps will only provide a License to Customer and use of the Paid Service and/or Free Service is only allowed for the term of an Agreement and under the Terms of Service(s) and:

• 5.1.1

  where it concerns a Paid Service after Customer submits the Order Form (if applicable) and has accepted the Terms of Service(s) and Sendsteps has received the fees for the Services as described in clause 8 of the Terms of Service(s);

• 5.1.2

  where it concerns a Free Service: after Customer submits the Order Form and has accepted the Terms of Service(s);

5.1.3

where it concerns upgrades: after Customer submits its request for additional Service(s) and Sendsteps has received the fees for the additional Services and Customer has accepted the Terms of Service(s).

An Agreement is effective as of the date set out in clause 5.1, except for upgrades. An upgrade is considered an amendment of the existing Agreement.

An Agreement regarding a Yearly Paid Service, has an initial term of one (1) year, unless terminated earlier in accordance with the Terms of Service(s). Following the initial term of one (1) year, the Agreement is automatically extended for successive terms of one (1) year unless Sendsteps or Customer informs the other party in writing that it wishes not to extend the Agreement taking into account a notice period of one (1) month before the end of the then applicable term. If the Customer and Sendsteps agree to an upgrade before the end of the then applicable term of the Agreement, a new one-year-term within the existing Agreement commences as of the date set out in clause 5.1.3.

An Agreement regarding a Monthly Paid Service, has an initial term of one (1) month, unless terminated earlier in accordance with the Terms of Service(s). Following the initial term of one (1) month, the Agreement is automatically extended for successive terms of one (1) month unless Sendsteps or Customer informs the other party in writing that it wishes not to extend the Agreement taking into account a notice period of two (2) weeks before the end of the then applicable term. If the Customer and Sendsteps agree to an upgrade before the end of the then applicable term of the Agreement, a new one-month-term within the existing Agreement commences as of the date set out in clause 5.1.3.

Customer has the right to downgrade a Yearly Paid Service into a different Yearly Paid Service or to lesser functionalities within the chosen Service(s) by specifying in writing to Sendsteps the desired downgrade taking into account a notice period of one (1) month before the end of the then applicable term of the Agreement. This will not result in a refund.

If the event of termination of a Paid Service, the Agreement regarding a Paid Service will automatically revert into an Agreement regarding a Free Service under the Terms of Service(s).

An Agreement regarding a Free Service has an indefinite term, unless terminated by Sendsteps or Customer in accordance with clause 12.3 of the Terms of Service(s).

Customer and End User shall timely provide all assistance, data and information necessary for Sendsteps to provide the Service(s). Customer will deliver data and information in the form and manner set out by Sendsteps. Customer and End User shall act in accordance with Sendsteps’ instructions for the use of the Application.

Customer and End User are responsible for the internet connection, interoperability, web browser, updated Microsoft software and equipment that enables User(s) to access and use the Application. Customer shall:

• (1) install the Application on Microsoft Windows computers with the most recent available Microsoft Windows software only;
• (2) install and use the most recent version of (any part of) the Application;
• (3) be responsible for a functioning internet connection;
• (4) not use the Application via a VPN (Virtual Private Network) connection.

Customer and End User ensure that the Content, software and equipment used is free of viruses, worms, Trojan horses or other codes or instructions that are designed to disrupt or damage the Application or any communication and that it cannot damage or disrupt the Application or any communication in any other way.

Customer and End User use the Application at their own risk. Sendsteps does not guarantee that the Application meets Customer’s expectations.

Customer is responsible for the use of the Application by End User(s) and by Audience. All acts related to a License are considered to take place under the responsibility and supervision of Customer. Customer warrants that End User(s) and Audience comply with the Terms of Service(s) notwithstanding any independent obligations of End User(s) and Audience against Sendsteps under the Terms of Service(s). Customer will notify Sendsteps immediately if it suspects or becomes aware of abuse or unauthorized use of License(s) and/or the Application.

Customer procures that Customer and End User(s) keep log in information including but not limited to user name(s) and password(s) to the Application confidential. This includes but is not limited to the obligation not to share log in information with the Customer’s (other) employees.

A Service is provided on an “as is” basis. Sendsteps will make reasonable efforts to provide Customer with continuous access to the Service(s). Sendsteps will also make reasonable efforts to correct any errors in the Application. Parties however acknowledge that the Service(s) may not always be accessible and that the Application may not always operate without interruptions, errors or defects.

Sendsteps is entitled to block access to the Application and to switch off certain functionalities of the Application in order to perform the necessary maintenance, updates or improvements to the Service(s) without prior notice. Sendsteps is not liable for any downtime as a result of this. Sendsteps strives to inform Customer in advance of planned maintenance that Sendsteps believes may temporarily affect the availability of the Service(s).

Sendsteps preserves the right to automatically add additional features or program adjustments, updates and upgrades to the Application. Customer agrees in advance to install and/or accept new version(s) of the Application.

Sendsteps does not warrant timely adjustment of the Service(s) to amended legislation or regulation.

Sendsteps offers different scopes of support, depending on the agreed Service(s). The applicable level of support is specified in the Account.

Customer shall pay to Sendsteps the fees specified in the Account, unless Customer has an Agreement regarding a Free Service. All fees and prices are increased with VAT and other taxes, levies or tolls if applicable.

Payment by Customer to Sendsteps must be made in advance of each term for the entire term. In case of an upgrade the prepaid fees will be settled on a pro rata basis with the fees for the new term.

Payment of the fees by Customer to Sendsteps for the initial term and payment of fees for upgrades must be made in accordance with the payment methods as described on the Sendsteps’ website, unless payment on an invoice basis is agreed upon. Invoices must be paid by Customer to Sendsteps within fourteen (14) days following the invoice date, or, if the desired commencement date of the Agreement lies within fourteen (14) days following the invoice date, before the desired commencement date of the Agreement. Payment terms are fatal terms as mentioned in article 6:83 sub a Dutch Civil Code.

If the Agreement is extended pursuant to clause 5.3 of the Terms of Service(s), Sendsteps will collect the fees from Customer due for the following term via the chosen payment method. If Sendsteps for whatever reason is unable to collect the fees from Customer or, if payment on an invoice basis is agreed upon, has not received full payment of the invoice within the agreed payment term, a five-day-grace period commences. During this period of five calendar days following Sendsteps’ first attempt to collect the fees, Sendsteps will make attempts to collect the fees due by Customer in accordance with the chosen payment method. If Sendsteps does not succeed in collection of the fees or, if payment on invoice basis is agreed upon, does not receive full payment by the end of this grace period, Sendsteps has the right to suspend the performance of its obligations notwithstanding any other rights. This includes, but is not limited to, the right to block Customer’s (including End User(s)’ and Audience’s) access to the Application. This will not affect Customer’s payment obligations. The fees will remain due and payable by Customer and Sendsteps will keep making attempts to collect the fees in accordance with the chosen payment method for at least 30 days (Monthly contracts) and 45 days (Yearly contracts).

Any right for Customer to suspend or settle any payment obligation is excluded.

Services and fees may be amended by Sendsteps from time to time. Sendsteps will give prior written notice to Customer of such amendments. Amendments will take effect as from the next one-year-term of an Agreement. If Customer does not agree with any amendment of the Service(s) or fees, Customer has the right to terminate an Agreement taking effect from the end of the then applicable one-year-term.

A Customer with an Agreement regarding a Paid Service has the right to terminate the Paid Service without cause within fourteen (14) days from the initial and each subsequent term by giving notice in writing to Sendsteps via legal@sendsteps.com. Sendsteps will repay to Customer the full amount of fees paid by Customer to Sendsteps within fourteen (14) days from receipt of this notice of termination. Customer is not entitled to a refund if Customer or its End User has used the Application with an Audience or has created a presentation using artificial intelligence during the aforementioned fourteen (14) days from the initial term and/or if the Customer or its End User has tested the functionalities of the Application by using the interaction functionalities.

Customer will immediately notify Sendsteps of any changes in its name, address, e-mail address, bank account number, credit card information and other relevant information regarding the chosen payment method by updating the information in its Account.

Customer is responsible for the use of the Application and the submission of Content by End User(s) and Audience.

Customer is resposinble for Content generated using artificial intelligence through the Application.

In addition, Customer and End Us