We thank you for participating in the Paradym beta testing program. These are our beta terms of service, which apply to and govern your participation in our beta testing program. By participating in our beta testing program, you agree to these terms of service. Please read them carefully!
Paradym (“we”, “our”) is a trade name of Animo Product B.V., the company with private limited liability under Dutch law, having its registered office at Nobeldwarsstraat 22, 3512 EX in Utrecht (the Netherlands), with Chamber of Commerce No. 88303284.
We have developed a beta version of a SaaS-application that enables users to build self-sovereignty solutions (“beta application”). Our application is accessible online under the software-as-a-service model (SaaS). The beta application is copyrighted to Animo Product B.V. and has not been released for sale, distribution or usage by the general public. The beta application is made available to you under these beta terms of service for testing purposes only and is not sold to you. We reserve all rights not expressly granted. If you are not willing to be bound by these terms, you should not use (or immediately stop using) the beta application.
We may modify, limit or terminate (your use of) the beta application, at any time and for any reason. This can include limiting or stopping your access to the beta application whenever we think it’s necessary. We don’t have to explain why, and we won’t be liable to you if this happens. You may also terminate the agreement or discontinue your use of the beta application at any time. Upon any termination, expiration, discontinuation or cancellation, any provisions that, by their nature, are intended to survive, shall remain in full force and effect. Upon any expiration or termination of the agreement, the rights and licenses granted to you shall immediately terminate.
We may also choose to change these beta terms of service from time to time. We will notify you (by email for example) and give you an opportunity to review the new terms before they go into effect (unless the changes are required by applicable laws or regulations, or they are of minor importance). By continuing to access or use our beta application after those updated terms are in effect, you agree to be bound by our revised terms. If you don’t accept a change to the beta terms of service, you must stop using our beta application immediately.
To access and use our beta application, you are required to register an account. To register, you must use a valid email address which will be verified by us. Good to know: We are always entitled to refuse a registration request, without having to explain “why”.
By using the beta application, you hereby agree to comply with all written requirements provided in these beta terms of service. You also agree to use reasonable efforts to beta-test the beta application.
If you accept these terms of service on behalf of a business, you represent and guarantee that you have the authority to bind that business to these terms of service.
The beta application licensed to you is still in testing phase and is provided on an ‘as is’ and ‘as available’ basis to you. You understand and acknowledge that beta software, by its very nature, is meant for testing, which means that the beta application may not work as expected, may have flaws, or may result in unintended behavior, corruption or loss of data or other unpredictable damage or loss. There may be defects, errors and other issues present in the beta application. You acknowledge that we are not responsible for any problems or issues caused by the beta application and that any use of the beta application is done entirely at your own risk. So, you are strongly advised to ensure the safety of important data, to exercise caution, and to avoid completely relying on the correct functioning or performance of the beta application and / or accompanying materials.
You also acknowledge that it may not be possible to make the beta application fully functional. We are not obligated to launch a commercial and final version of the beta application.
If you have any obligations to third parties that you use, you are solely responsible for ensuring your compliance with those requirements.
Please note that we do not warrant or guarantee that the way you may choose to use the beta application complies with any (local) laws or regulations that may apply to your use of the beta application. We shall not be held liable for any failure on your part to comply with applicable local, national, and foreign laws, treaties, and regulations, or any contracts, rules, policies, or procedures applicable to your activities.
By agreeing to and complying with these beta terms of service, we provide you with a limited, revocable, non-exclusive, non-transferable right to utilize the beta application solely for the purpose of testing. Your rights regarding the beta application are confined to those explicitly granted within the agreement. Specifically, all rights of reproduction, distribution, and publication remain reserved by us.
You are prohibited from engaging in any reverse engineering, decompiling, disassembling, reassembling, changing, altering, or modifying of the beta application, or creating derivative works, enhancements, extensions, or add-ons to any part of the beta application.
By using our beta application, you acknowledge and agree to abide by all relevant local, state, national, and international laws, regulations and statutes. Your access and use of the beta application should consistently align with these legal requirements.
You acknowledge and agree that all information related to the beta application provided by us, including but not limited to features, functionalities, data, documentation, know-how, and any other materials, constitute confidential and proprietary information ("Confidential Information"). You also understand and agree that the successful market launch of commercial versions of the beta application requires you to keep this confidential information strictly confidential. Disclosing any of the confidential information prematurely would result in significant harm to our competitive advantage and intellectual property rights.
You understand that access to the beta application is limited to authorized users only, which may include users in your account. You shall ensure that any authorized users are made aware of and comply with the confidentiality obligations outlined in this clause.
The obligations of confidentiality shall not apply to any information that (a) is or becomes publicly known through no fault of yours; (b) was rightfully known or independently developed by you prior to receiving the Confidential Information; (c) is rightfully obtained by you from a third party without a duty of confidentiality; or (d) is required to be disclosed by law, provided that you promptly notify us of any such requirement and cooperate in seeking a protective order or other appropriate remedy.
We provide access to our beta application on a subscription basis. You can choose from several types of subscriptions. You understand and agree that these beta terms of service also apply to free plans. If we offer a free plan and you sign up for this, your subscription will not automatically be converted into a paid subscription and you will not be charged, unless you purchase a subscription. Please be aware that you are only entitled to a trial period once, and that we can choose to limit certain features from the application during the trial period and in our free plans.
If we choose to increase our price for a subscription, these changes will only apply on renewal of your subscription. Of course, we will notify you of a price increase before your subscription is renewed.
A subscription runs for a minimum period, as stated in the offer or on our website. Your subscription will automatically renew at the end of the period, according to the frequency of your subscription, unless you choose to cancel your subscription before the end of the then-current subscription period. So, for example, if you’ve paid for an annual subscription, your subscription will renew automatically on each anniversary of the date you signed up to our application, unless you make sure that you cancel your subscription on time.
If the chosen subscription offers an unlimited number of users, we reserve the right to enforce a Fair Use Policy. This means that we are entitled to monitor usage of the beta application and limit or suspend access to the beta application if we believe that you are making excessive use of the beta application. Excessive use includes but is not limited to large amounts of data storage, extensive use of bandwidth, and frequent and sustained use of the beta application.
You may subscribe to our beta application by paying the subscription fee directly through your online account. By using this payment method, you accept and acknowledge that your payment information will be shared with Stripe for processing. Alternatively, upon request, we may provide an invoice for the subscription fee with a 30-day payment term after receipt of the invoice. In such case, you will receive an electronic invoice; you agree to electronic invoicing.
We cannot be held to our offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.
Our prices do not include Value Added Tax (VAT), unless mentioned otherwise.
Invoices must be paid without suspension, discount or setoff. If payment for a subscription is not made within the specified payment term, you will be considered in default without us having to give you notice of default. In the event of default, we reserve the right to suspend or terminate your subscription, as well as withhold any additional services until payment is received. We will also be entitled to charge the statutory commercial interest as from the first day after the expiration of the payment period. In addition, all costs incurred by us in obtaining payment in and out of court (all extrajudicial and judicial costs), such as costs for bailiffs, debt collection agencies, and so on, will be borne by you, with a minimum of EUR 150, -. Please note that we are under no obligation to prove that these costs have actually been incurred.
By using the beta application, you acknowledge and agree that we hold all legal rights, title, and interest in and to the beta application, including all intellectual property rights. Except for the license provided herein, no other rights or permissions to the beta application are granted.
If you have any questions related to your use of the beta application, please reach out to us. We have created a Slack channel where you can share your questions with our team. The decision to provide (technical) support is, however, entirely optional and at our discretion. Any (technical) support provided by us during this agreement is without warranty of any kind and is provided ‘as is’ and ‘as available’. We may, at any time and without prior notice, modify, suspend, or discontinue the provision of (technical) support for the beta application.
As part of the beta testing program, you are expected to provide constructive feedback to us regarding the features and functionality of the beta application. We might also monitor your usage of the beta application and utilize this data to enhance the beta application and / or other products and services. In the event that you offer feedback (thank you!), all such feedback will exclusively belong to us. Hereby, you unconditionally transfer and assign to us all your rights and interest in and to the provided feedback, including any associated intellectual property rights.
It’s important to understand that your participation in the beta testing program does not entitle you to earn or gain any rights or licenses in the beta application or any intellectual property rights owned by us, even if we integrate your feedback in the application. Also, please note that you will not be compensated for your assessment of the beta application and for any feedback that you may give to us.
By participating in our beta testing program, you confirm that you do not have any conflicting obligations or commitments that would prevent you from providing dedicated attention and unbiased feedback to the beta testing process. For example, you represent that you are not (i) a member of the press, or (ii) an employee or representative of any of our competitors.
We have the right to use products and services of third parties for the beta application, such as hosting services and external databases.
You agree to and shall abide by the terms of such third parties and follow reasonable instructions from us to avoid violation of these terms. We will provide these terms to you upon your request. We can never guarantee that these third parties will continue to offer their products and services (at the same price), or that the conditions under which these third parties offer their products or services will remain the same.
Our liability for damages resulting from an attributable failure (“toerekenbare tekortkoming”) in the performance of the agreement, from any unlawful act (“onrechtmatige daad”) or otherwise, is excluded.
Our liability for any indirect damage is always excluded. Indirect damages include consequential damages and, for example (non-exhaustive):
a) Loss of profits; b) Loss of savings; c) Loss of goodwill; d) Loss or destruction of data; e) Loss resulting from criminal prosecution; f) Loss resulting from an enforcement action of a supervisory authority; g) Loss resulting from any flaws, security vulnerabilities or malicious codes in the beta application.
If we are liable for damages under a mandatory or peremptory rule of law, the damage will be limited to the amount of the fees paid by you during the month prior to the event causing the damages. Our total, accumulated, liability shall in no event exceed EUR 1,000.-.
You hereby indemnify us for any type of losses suffered or incurred by us, arising out of any third-party claims related to your use of the beta application.
Your right to claim for damages shall expire within a period of 6 months after the occurrence giving rise to the claim.
The exclusions and limitations of liability as set out in this agreement do not apply if and insofar as the damage is the result of our intent or gross negligence.
As part of the beta testing program, you agree to allow us to contact you, using the personal contact details you’ve provided us with, such as your email. We may retain or share this personal contact information with our employees, agents or authorized contractors for the purpose of communication.
You confirm that you comply with the data protection laws applicable to you. You are the controller of any personal data you process of individuals, when you are using the beta application as a beta tester.
These beta terms of service, any disputes arising from or in connection with them and all agreements between the parties, shall be governed by and construed in accordance with the laws of the Netherlands.
Any dispute arising out of or in connection with these beta terms of service and the agreement shall be resolved by the competent court in Midden-Nederland, the Netherlands.
In the event that any provision of these beta terms of service, whether existing at present or introduced in the future, is deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these beta terms of service shall remain unaffected.
We reserve the right to transfer our rights and duties to a third party. If you want to transfer any of your rights and duties, you need our written permission to do so.
Effective from September 1st, 2023