Version 06-2023

These General Terms and Conditions apply to all relationships between Datlinq Nederland B.V., a Roamler company and you and to all Roamler/Datlinq’s legal acts and your use of Roamler/Datlinq’s Services, such as Data Outlet, Data Outlet X, API, Salesmapp and Market Monitor.

DEFINITIONS

| Agreement: | The Agreement between Customer and Roamler/Datlinq regarding our Services, including the order, specific provisions and conditions, the corresponding annexes and these General Terms and Conditions. | | --- | --- | | Customer/you:     Roamler/Datlinq/us/we: | The company(y)(ies) or (legal) entit(y)(ies) with whom Datlinq enters the Agreement for the provision of Services.   Roamler B.V., Datllinq B.V., Datlinq Nederland B.V. and/or any of their affiliates | | General Terms and Conditions: | These General Terms and Conditions for the provision of Services, as applicable to the Agreement. | | Services: | The (SaaS) services to be provided by Roamler/Datlinq to you based on the Agreement, such as our website(s), Data Outlet (X), Salesmapp and Market Monitor. Our Services are described in the Agreement. | | User:       User Credentials | Employee of you or a third party engaged by Customer and/or affiliated with you, who, pursuant to the Agreement, has access to our Services and is authorized to use these Services.   User credentials, such as username and password, to be able to log in into your account to use certain Services |

ARTICLES

1. Scope of the General Terms and Conditions

  1. These General Terms and Conditions apply to all legal acts of Datlinq and relationships between Roamler/Datlinq and you including request, offers, orders, negotiations, and all agreements together with the annexes. These General Terms and Conditions also apply to your use of the Services.
  2. All offers and quotes issued by us are free of obligations and may be withdrawn by us until the moment that the offer has been accepted by you.
  3. Once these General Terms and Conditions apply to our relationship, they will also apply to each subsequent relationship, unless parties have expressly agreed otherwise in such a subsequent legal relationship.
  4. The applicability of any of your terms and conditions is explicitly rejected by us.
  5. If the Agreement contains provisions that conflict with these General Terms and Conditions, the provisions of the Agreement shall prevail.

2. General

  1. The Agreement comes into effect upon signing by both you and Roamler/Datlinq and remains in force for the term agreed on. You agree to these General Terms and Conditions by signing the Agreement or by using/visiting (one of) our Services.
  2. All our obligations towards you are to be regarded as best-effort obligations. We do not guarantee the result of the obligation(s) that we have fulfilled and/or will fulfil, but will do our best efforts to fulfil these. We take appropriate measures to safeguard the continuity of our Services as a result of which we are ISO27001 certified.
  3. We aim to provide the agreed Services punctually on the agreed date or within the agreed period. All dates of provision of Services agreed on are considered target dates. Unless this has been confirmed in writing, these dates cannot be construed as final deadlines as referred to in article 6:83 of the Dutch Civil Code.
  4. For the term of the Agreement, we grant you a non-exclusive, non-transferable, and non-sublicensable right to use our Services.