1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website gavobvsoftware.com and any software products, applications, or services ("Services") provided by GAVO B.V. ("GAVO", "we", "us", or "our"), a company incorporated under the laws of the Netherlands.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.
2. Eligibility
You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is higher) to use our Services. By using the Services, you represent and warrant that you meet this requirement.
If you are using the Services on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.
3. Description of Services
GAVO B.V. provides custom software development, mobile and web application development, UI/UX design, data analytics, and system integration services. The specific scope of any engagement is described in a separate statement of work, proposal, or service agreement signed between you and GAVO B.V.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.
4. User Accounts
Certain features of our Services may require you to create an account. You agree to:
- Provide accurate, current, and complete registration information.
- Maintain the security of your password and account credentials.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that violate these Terms.
5. Acceptable Use
You agree not to use our Services to:
- Violate any applicable local, national, or international law or regulation.
- Infringe the intellectual property rights of GAVO B.V. or any third party.
- Transmit any harmful, offensive, defamatory, or unlawful content.
- Attempt to gain unauthorized access to any part of our systems or networks.
- Interfere with or disrupt the integrity or performance of our Services.
- Reverse engineer, decompile, or disassemble any of our software.
- Use automated tools to scrape or extract data from our website without prior written consent.
6. Intellectual Property
All content on our website and within our Services, including but not limited to text, graphics, logos, images, software code, and design elements, is the property of GAVO B.V. or its licensors and is protected by applicable intellectual property laws.
Unless expressly stated otherwise in a separate agreement, you are granted a limited, non-exclusive, non-transferable license to access and use our Services for their intended purposes. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
Any custom software or work product developed specifically for a client pursuant to a signed agreement shall have ownership as specified in that agreement.
7. Fees and Payment
If you purchase any paid Services, you agree to pay all applicable fees as described in your order, proposal, or subscription plan. All fees are exclusive of applicable taxes unless stated otherwise.
Payments are non-refundable unless explicitly stated in a separate agreement or required by applicable law. We reserve the right to modify pricing with reasonable advance notice.
8. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components. Use of our Services is at your own risk.
9. Limitation of Liability
⚠️ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAVO B.V., ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, GAVO B.V.'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES — WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE — SHALL NOT EXCEED THIRTY UNITED STATES DOLLARS (USD $30.00).
This limitation applies regardless of the form of the claim, whether GAVO B.V. has been advised of the possibility of such damages, and whether the limited remedy fails its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, liability shall be limited to the fullest extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold harmless GAVO B.V. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys' fees) arising from:
- Your use of or access to our Services.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property or privacy rights.
- Any content you submit or transmit through our Services.
11. Third-Party Links and Services
Our website or Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of such third-party sites. Visiting those links is at your own risk.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date on this page. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
14. Contact Us
If you have any questions about these Terms of Service, please contact us:
GAVO B.V.
Email: legal@gavobvsoftware.com
Website: gavobvsoftware.com