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Terms & Conditions

Martech Recommendation Engine (MRE)

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1. Definitions

In these terms and conditions, the words in this list have the following meaning:

  1. MartechTribe, We, Our, or Us: MartechTribe B.V., registered at the Dutch Chamber of Commerce with number 73532096.
  2. Client or You: a natural person of a legal entity who has a legal relationship with MartechTribe.
  3. MRE: MarTech Recommendation Engine, the service and tool provided by MartechTribe.

2. General

  1. These terms and conditions apply to any offers and agreements about the Martech Recommendation Engine (MRE).
  2. We may modify the terms and conditions from time to time. We will send the new terms and conditions by email to You. Each modification will be effective 30 days after sending the terms and conditions.
  3. Deviations from these terms and conditions are only possible by means of written confirmation by Us.

3. Subscription, license and user agreement

  1. Every subscription to use MRE is valid within one country and for one legal entity.
  2. The agreement enters into force, when You agree on the offer. The subscription enters into force on the date You and We have agreed on. If You and We have not agreed on a specific date, subscription will enter into force on the seventh day after You agreed on the offer and/or signed the agreement.
  3. The subscription may be used by an unlimited amount of employees for an unlimited amount of clients.
  4. If You are active or do business in more than one country, You need a subscription for every country where You will use MRE.
  5. You are not allowed to sub-license the agreement or service.
  6. If You have sublicensed MRE to a related legal entity, this is considered as an agreement for a subscription for the entire ongoing calendar year, which has to be paid for by You. MartechTribe will send an invoice for the subscription to You.
  7. If You want to annul the agreement after You have agreed on the offer and before the subscription enters into force, an annulment fee of 20% of the agreed subscription fee for the year, is payable.
  8. All subscriptions are valid for one year and will renew silently and automatically for another year, unless You send Us a written termination notice, with a one-year termination period.
  9. We are entitled to terminate the subscription and agreement with a notice period of two months.
  10. We are allowed to terminate the subscription without a termination period and without any compensation payable when You violate any of the terms of this agreement.

4. MRE service

  1. MartechTribe needs a maximum of 30 days after the agreement entered into force, to customize the RME to Your business and train at least one person in Your business about the use of RME.
  2. MartechTribe provides an online, two-day remote training about MRE and how to use its tools, once. Extra training or when You didn’t finish the training within 90 days after the agreement entered into force, You will have to pay an extra fee for the (additional) training.
  3. MartechTribe provides access to the MRE related knowledge base.
  4. MRE works with several Google services and third parties.
  5. Results are available within two working days after You filled out the survey and provided all information asked and needed by MartechTribe to deliver the service unless otherwise agreed upon. All deadlines and delivery times are estimated and are in no way fatal terms.
  6. Results will never reveal stacks or any other information from competitors. MartechTribe only uses aggregated data. Only names and titles of publicly available software will be shown, otherwise, MRE will only show the category of software and not the name.
  7. Results are available in an online portal and are not downloadable.
  8. If you did not opt for a subscription, the results and or products provided by MarTeck will only be available one time and with a maximum of one 30 days.
  9. If You would like MartechTribe to use different services or software for MRE, this is only possible when MartechTribe agreed upon this beforehand and You will pay for the extra costs and extra time MartechTribe needs to use Your preferred services and/or software. The use of different services or software may delay delivery times.
  10. MartechTribe provides a maximum of 8 hours of tech and administration services per month, per subscription. Not-used hours will expire at the end of the calendar month. Consultancy services are not provided within the subscription.

5. Your obligations and responsibilities

  1. It is your responsibility to complete the training within 90 days after the agreement is entered into force. When You don’t finish the training in time, We are allowed to terminate the agreement immediately without any compensation payable and without a refund for paid subscriptions.
  2. You are responsible and liable for any input given or data provided to Us.
  3. You are responsible for your account and for keeping any account information accurate.

6. Price

  1. We are allowed to yearly increase the price of Our products, services and subscriptions with a maximum of 10%, without notice.
  2. Any price increases larger than 10% will be announced by written notice, at least 45 days prior to.

7. Payment

  1. Payment is due within 30 days after the invoice date. In case of a monthly subscription, payment is due before the first of every month or in case of a yearly subscription before the first of the month in which the subscription will enter into force.
  2. If the invoice is not paid, You will not get access to MRE or any other MartechTribe products or services. Licenses will only be valid after the invoice for the license is paid.
  3. If an invoice is not paid in time, We are allowed to suspend the subscription and/or agreement.

8. Liability

  1. We do not give any guarantees about any output from MRE.
  2. We are not liable for any output or for any decisions made on the basis of the output or implications of those decisions.
  3. We are not liable for any implications, direct or indirect damages, because MRE of any product or service of MartechTribe has not been available for 24 contiguous working hours or less.
  4. You will indemnify and hold Us harmless from and against any and all claims, losses, liabilities, damages, settlements, expenses, and costs that arise out of or relate to any third-party claim or threat thereof, related to intellectual property infringements, (personal) data breaches or other claims relating to MRE or use thereof.
  5. We will not indemnify You or hold You harmless for any claims by third parties alleging any intellectual property infringement, (personal) data breach or unfair competition, or any other claims.
  6. In all cases You must report the allegation to Us as soon as possible and provide all reasonable support necessary to resolve the allegation. If no other options are available, We may terminate the agreement with immediate effect, to resolve the allegation.
  7. No liability exists in case damages were not reported timely after discovery to Us.

9. Miscellaneous terms

  1. Only Dutch law applies to these terms and conditions and any legal relationship between You and Us.
  2. All disputes arising in connection with these terms and conditions shall be brought before the competent Dutch court for the principle place of business of MartechTribe.
  3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement and terms and conditions. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.

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