Most recent version: 10th October 2018
1.1 These General Terms and Conditions apply to access to and the use of Coosto’s Trial Version by the User. These General Terms and Conditions apply to the User throughout the period in which the User uses the Coosto Trial. This includes the use of the Trial Version through the Coosto App.
1.2 Appropriate hardware and software is required for the use of our services as well as access to the internet. Further to this, it is strongly recommended to have at least one account on at least one Social Media Platform. These are the aspects that determine our services’ quality.
2. 2. Application of General Terms and Conditions
2.1 These general terms and conditions are a legally binding contract between the User and Coosto regarding the use of Coosto and take effect on the date of use of the Trial by the User. These Terms and Conditions will be accessible at all times in the Coosto Trial Product in the Settings Menu.
2.2 The User declares that the Trial will only be used for professional and business purposes during the use of the Trial. If the User is an organisation, the individual who uses these General Terms and Conditions has the right to sign agreements with binding effect on behalf of the User. All obligations arising from the General Terms and Conditions will immediately be binding upon the User as well as the individual who uses Coosto Trial on behalf of the User. The User declares to be at least 18 years old and has the authority to enter into legally binding contracts on behalf of the User. In addition, the User hereby declares that he has not previously been deprived of access to Coosto. The User is responsible for the manner in which the User's account will be used and must at all times ensure that the User's account is not used for purposes that are not in accordance with the reasonably expected safety and privacy guarantee of Coosto. The User furthermore bears responsibility for the content the User posts through Coosto.
2.3 When the User meets the requirements set in the General Terms and Conditions and agrees to them, Coosto gives the User permission to use its services. When entering into an account for the Coosto Trial, Coosto will request a number of personal details from the User who enters into an account on behalf of the company. For more information about the processing of personal data by Coosto, Coosto’s Privacy Statement is referred to. The Coosto Privacy Statement constitutes part of these General Terms and Conditions.
3. Coosto Product
3.1 If the User registers for Coosto’s Trial, the User will receive free access to Coosto for a free 14-day trial period, unless otherwise agreed. After this period the account will be automatically blocked. All data entered in a Trial will be deleted after the end of the trial period, unless the User explicitly states that he wishes to transfer this information to the paid account.
3.2 If the Trial is requested by Coosto's competitors without prior written permission from Coosto, the access will be closed immediately. The competitor hereby agrees that the competitor shall be held liable for any loss caused to Coosto due to such unlawful use.
3.3 The Trial may only be used as determined in these General Terms and Conditions or in any use that can be justified by the User in reasonableness and fairness. No use may be made of the Trial in any other way, such as through the use of robots, spiders or other scrapers. Coosto cannot be held liable by the User or other third parties due to changes in Coosto or the relevant conditions.
3.4 Coosto reserves the right to change, suspend, limit or discontinue access to the Coosto services at any time and without notice. Coosto is in no way liable for the removal or blocking of access to Coosto services. Without any notice or liability against the User or other relevant third parties, Coosto reserves the right to impose limits, restrictions or blockages for the use of and access to the Coosto services.
3.5 The User must at all times comply with the General Terms and Conditions and with the applicable legislation during the use of the Trial. If there are reasonable grounds to doubt that the User does not comply with the General Terms and Conditions or legislation, Coosto reserves the right to (temporarily) restrict the User’s access to the Trial, remove certain content, deny access or block the account. Coosto reserves the right to take other measures where reasonably necessary.
3.6 Coosto does not guarantee the presence, accuracy, completeness, confidentiality or update of data or information shown by a Coosto Product.
4. The Use of our Services
4.1 The use of Coosto's services and the content posted by the User must be in line with the usage rules of this chapter. Coosto reserves the right to check users for compliance with these user rules.
4.2 All of Coosto’s services must be used in a correct, professional and legal manner as well as without deliberate damage to Coosto or third parties. Coosto does not grant to the User or other third parties any intellectual property rights. The User therefore obtains a non-sublicensable right of use. If third parties make unauthorised use of our intellectual property rights due to the actions of the User or third parties related to the User, the User’s use of Coosto will be suspended for further investigation. If this results in any damage for Coosto or other third parties, this damage will be recovered from the User.
4.3 The User is responsible for the data stored in the User's account. This includes content which is sent and received from Coosto as well as the notes made by the User in Coosto. Coosto bears no responsibility for the loss or damage of the content stored in Coosto by the User. The User is at all times responsible for and is the owner of the User’s data. Coosto is not responsible for any racist, inappropriate or harmful reaction posted with Coosto. The User indemnifies Coosto against any damage resulting from such incidents.
4.4 With the agreement to the General Terms and Conditions, the User states that he will never use Coosto for illegal purposes or for purposes contrary to (inter)national legislation.
4.5 The User is strictly forbidden to influence the servers or the use of other Users by, among other things:
4.6 The user is strictly forbidden to commit identity fraud or to publicly disguise behind the personal details of another individual. This includes accessing the Coosto Trial under false personal data of any kind. Coosto reserves the right to immediately stop access to Coosto products upon its detection of such situation.
4.7 The User is strictly forbidden to use Coosto for goals which do not comply with Coosto's reasonably foreseeable safety and privacy. This means that amongst other the following is forbidden:
4.8 If data, which could not have been generated other than by a Coosto Product, is published, a source attribution to Coosto is mandatory. If the data is not used in full or if this data is posted in a different context, Coosto reserves the right to have this data removed and to (temporarily) suspend access to Coosto. Coosto is not liable for the content in Coosto for the User or a third party nor does Coosto guarantee that the content collected by Coosto through the Trial is correct and complete. Coosto furthermore disclaims liability for content in Coosto that may be unlawful, offensive, harmful, inaccurate or otherwise inappropriate.
4.9 The User is strictly forbidden to infringe security technology, or to circumvent or unlawfully disable such technology. The user shall not use any trade names, domain names, word, shape and figurative marks, models, copyrights, database rights, trademark rights, in particular patent rights, know-how and design rights of Coosto without prior written permission. In addition, Coosto makes use of sources in which third parties may have vested rights. The User acknowledges the rights of third parties and will in no way infringe the intellectual property rights of third parties. Coosto will not be held liable if the User nevertheless infringes these rights.
4.10 User is aware that when using Coosto, the General Terms and Conditions of the various Social Media Platforms that are used by the User through Coosto must also be taken into account. These General Terms and Conditions can be found on the websites of the relevant platforms. See article 5.2 of these General Terms and Conditions for the General Terms and Conditions of such parties.
Services by third parties
4.11 The User shall bear responsibility for the completeness, security, confidentiality and correctness of the account information provided to Coosto. The User must ensure that the login details of the User are stored in a confidential manner. The User must promptly notify Coosto in the event of unauthorised access to Coosto, which the User has taken note of or in case unauthorised access has taken place in Coosto via the user's login details. Unless explicitly stated by Coosto in writing, the User has no right to share, sell, rent, or otherwise facilitate the access to Coosto to third parties.
4.12 If the User makes use of the services of a third party while using Coosto’s Trial, the User will bear the responsibility for any resulting risks. The User understands and agrees with the fact that Coosto cannot be held liable for damage resulting from the use of the third party's services by the User. Coosto is also not liable in the event the User gives permission to the third party for access to the User’s data and obtains it through, among other things, the Trial.
Data security & GDPR
4.13 If the User makes use of the Trial, whereby personal data will be processed through the use of the Trial, a processing agreement can be concluded with Coosto. When this processor agreement is concluded, this agreement forms part of these General Terms and Conditions. The Processor Agreement can be obtained from Coosto, which will immediately be sent to the User for his completion, signing and returning it to Coosto. An e-mail can be submitted by the User to email@example.com to obtain the Processor Agreement and for any questions about the Trial.
4.15 Coosto has no obligation to check or to supervise the content or the use by the Users or by third parties. Coosto will make every effort to verify that all Users comply with the provisions of these General Terms and Conditions, however Coosto has no obligation to do so. The User hereby acknowledges and agrees that Coosto has the right to check all messages sent or received via the Coosto Trial for compliance with these General Terms and Conditions. Coosto accepts no liability or responsibility if this causes any damage or loss as a result of the use of the content. During such verification, information may be examined, recorded, copied and used in accordance with our Privacy Statement.
5. 5. General Terms and Conditions of Third Parties
5.1 Coosto is a Social Media Management Tool for the exchange of data between Coosto and Third Parties. The User gives permission to linking a Social Account, which is not possible without the explicit consent of the User.
5.2 When linking a Social Account, the User must agree to the General Terms and Conditions of the relevant platform. The Parties used by Coosto for the Trial are: Facebook (https://www.facebook.com/terms.php), Twitter (https://twitter.com/en/tos), Instagram (https://help.instagram.com/), Youtube (https://www.youtube.com/t/terms) and Google (https://www.google.com/intl/en/policies/privacy/). Coosto bears no responsibility for the use of your data by the relevant parties.
6. 6. Termination of the Agreement
6.1 The User may at any time stop or downgrade Coosto’s services. The service will be automatically terminated after the test period of the Trial.
6.2 Coosto reserves the right to cease its services to the User at any time. This includes the right to refuse the User access to the Trial for any reason at any time without notifying the User in advance. If the User does not have access to the Trial due to violation of the General Terms and Conditions, the User indemnifies Coosto for any kind of damage possibly ensuing from this. If this happens without proper reason, Coosto shall promptly let the User have access to Coosto Trial for the remaining days of the trial period.
7.1 Coosto delivers a Trial as a non-customised product whereby no guarantees, conditions, statements of any kind whatsoever, explicitly or implicitly result in Coosto’s liability. The use of the Trial always is at all times at the risk of the User. Coosto and its affiliated companies as well as the directors, employees, licensors and service providers of Coosto and the companies affiliated to Coosto are hereby indemnified against any known or unknown claim against these parties.
7.2 Coosto is not liable in respect of the User for losses or damage arising from this agreement or arising from the use of the Trial by the User. Coosto is under no circumstances liable for a third-party service provider, a Social Platform, activities performed by third parties, due to internet connections or due to damage or losses resulting from unauthorised access to the Trial or the User's account or the associated data.
7.3 Coosto is not liable for indirect, punitive, incidental or exceptional damage or for consequential damage, the loss of income, goodwill or other losses of which the value cannot be assessed, resulting from the (non-)ability to use the Trial, Social Platforms or activities of third parties or the connection to the internet. In addition, Coosto is not liable for the loss of income arising from attempts by third parties to obtain unauthorised access to the Trial.
7.4 To the extent permitted by applicable law, Coosto accepts no liability with respect to your use of any services provided free of charge. Each liability is limited to the invoice amount (excluding VAT) the User paid in the 12 months prior to the liability claim. No liability can be claimed as a result of errors or malfunctions in the Software or the Service.
7.5 No rights can be derived from advice, statements or information that have been provided to the User in writing or verbally.
8. Dispute Settlement
8.1 Only Dutch law is applicable in the event of a dispute or loss between Coosto and its affiliates and the User resulting from the use of the Trial.
8.2 Coosto and its affiliates shall be indemnified against all losses, damage, violations, liabilities and costs including costs for legal assistance arising from proceedings against Coosto.
8.3 If the User acts in violation of these general terms and conditions, or violates our rights or those of another party in an unlawful manner, Coosto reserves the right to initiate legal proceedings against the User. All costs, as well as any required costs of legal assistance for Coosto, are for the account of the User.
8.4 All disputes, including those which are only considered as such by one party, arising from or related to (the implementation of) this agreement and/or with any resulting or related agreements, as well as other legal acts, which are not amicably resolved, shall be settled by the court of Amsterdam.
9. Other Clauses
9.1 Coosto reserves the right to make amendments to these general conditions or other documents referred to in these general terms and conditions at any time. The changes will be immediately effective for all Users of the Coosto Trial. Any disputes arising under these Terms and Conditions will be resolved in accordance with the version of these Terms and Conditions that was in force at the time the dispute arose.
9.2 In the event a clause from these general terms and conditions is declared not applicable, this has no legal consequences for the effect of the other clauses. The smallest possible changes will be made to the clause so that it will apply as soon as possible. The User needs to periodically check the general terms and conditions for any changes. The date on which these general terms and conditions were last modified shall be the commencing date on which these new general terms and conditions automatically apply.
9.3 The User may not transfer the rights obtained by the User through these general terms and conditions to another party. Coosto reserves the right to transfer its rights to a third party.
9.4 Coosto bears no liability in respect of the User or other third parties for damage resulting from special circumstances, as a result of which Coosto cannot fulfil the obligations that are to be reasonably expected from Coosto, for reasons beyond its control. This could include situations of war, fire, floods, vandalism, sabotage attacks by hackers, legal implications, strikes or if a third party, including a Social Platform, modifies the conditions that prevent Coosto from delivering its services. Also in case third parties, which we are dependent of, are confronted with force majeure, such case results in a force-majeure situation for Coosto in respect of the User.
9.5 Any notice of default on the part of the User regarding the Trial to Coosto must be sent to firstname.lastname@example.org and a physical copy must be sent to Kennedyplein 101, 5611 ZS in Eindhoven to the attention of Coosto’s Legal Advisor.