Version 2023-08
Thank you for using Orange Elements. These terms of service are describing the boundaries, rights an obligations that come with a legal agreement when using the Orange Elements website and services. These terms apply both on the trial version and the paid version of Orange Elements.
When we say “Company”, “Orange Elements”, “we”, “our” or “us” in this document, we are referring to the legal entity 4Kings B.V. using the brand Orange Elements. 4Kings B.V. is registered at the Chamber of Commerce in the Netherlands under number 34185513 and the VAT number of 4Kings B.V. is NL811724827B01.
When we say “Services” or “Product”, we mean our websites orangeelements.com and orangeelements.app, created and maintained by Orange Elements.
When we say “Client”, “you” or “your” we mean you, the person or company that has an product account and uses our services.
When this terms of service mentions “written” or “in writing,” this means email communication as well, given that the sender’s identity and content integrity can be sufficiently verified.
We have created this terms and our services with care. That does not mean that it is a fit for everybody. Orange Elements offers no guarantee whatsoever that the service will be suitable for a specific purpose or that it will meet your requirements.
If you don’t agree with these terms, the use of our services is prohibited, don’t use them.
Orange Elements grants the client a non-exclusive, non-transferable license for the use of the services for the duration of the subscription and for the number of users agreed upon. The license shall become effective immediately after signing up for the trial or paid version of the service.
We offer a 14-day free trial in which you can use our service free of charge. You can signup for a trial on our websites. We won’t ask you for credit card information during the trial and your bank account will not be charged. During the trial 10 users within your organisation can use our services.
After the trial period, you need to pay in advance to keep using the service. We will inform you in advance when you need to upgrade to a paid version. We will block all your users when the trial has expired and unblock them after you have signed up for a paid version.
When you did not upgrade to the paid version after 30 days following the trial’s expiration, we will delete all data and users of the client and the trial data will not be accessible or recoverable anymore.
You will always inform Orange Elements correctly and fully regarding facts and circumstances related to these terms of service.
The license is not transferable and therefor you are not allowed to resell or otherwise transfer the license to somebody else.
The client is not allowed to use the services in such a manner that damage can arise to Orange Elements or any other organisation or person.
The client agrees to compensate and protect Orange Elements from any legal claims made by third parties that are caused by the actions of the client.
You are responsible for upholding the security of your account and password, and it is your responsibility to ensure that all members of your organisation do the same. We enforce strong password usage but it is your responsibility to keep your credentials secret and secure. Orange Elements cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all the content and data created under your account, including content and data posted by any users in your organisation.
You must be a human. Bots or other automated methods are not permitted and those accounts will be terminated immediately.
All prices and rates are in Euros and exclusive of VAT and other taxes and charges imposed by the authorities.
When you are upgrading to a paid version, we will ask you for payment details. When you have paid the billing cycle starts on that day. We offer two billing cycles, monthly and yearly, so the recurring fees will be charged either monthly or yearly.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.
We don’t offer refunds but you are free to cancel at any time. We are sorry to see you go but no questions asked.
You agree to give accurate and current information. You also agree to promptly update your account and payment details, including your email and payment details, when needed. This helps to process your transactions smoothly and keep using our service without interruption.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your termination.
When your payment fails or you revert your payment, we will inform you so you can take appropriate action. Orange Elements has the right to block your users and suspend the service at any time we think it is appropriate.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order.
Orange Elements is authorized to increase its prices once per year on the basis of the Dutch CBS Consumer Price Index, or on the basis of any other changes in the market, in any event not to exceed 5%. In the event that a supplier of Orange Elements increases its prices for a specific features or service, Orange Elements is entitled to pass on this increase to client.
We can, at any time, introduce new editions with new prices, if we think that is appropriate. We will inform you when we do so. You can upgrade to a new edition at any time.
You can, at any time, change to another edition. We will charge you the new price for the new edition. When you upgrade to a new edition, we will charge you the new price for the new edition. We will refund you the remaining amount of your current edition. You cannot have a licence with less users than the number of users created in your account. When you downgrade to a lower edition or decrease the number of users, we will not refund you the remaining amount of your current edition and/or number of users. The new price will be effective on the next billing cycle.
We use a third party payment provider. You are able to download invoices from their customer portal.
Complaints about invoices can be sent to [email protected].
Complaints does not release the client from his payment. We shall investigate the complaint immediately. When the complaint is valid we will take action to correct the error.
All purchases are non-refundable but you can cancel your subscription at any time. You can do so by going to your accounts settings and click Cancel subscription link. This is the only way to cancel your account. We do not accept cancellation by email or phone.
When you have cancelled your account you can request a download of your data at [email protected].
All your data will be deleted 60 days after cancellation. We cannot recover your data once it has been deleted.
Orange Elements may immediately terminate the service when the client has been granted (provisionally) suspension of payment, the client is declared bankrupt or the client’s company is terminated at any sort.
We may immediately suspend the service when the client did not pay the recurring fees within 7 days after the due date. We may terminate the service when the client did not pay the recurring fee within 60 days after the due date.
In the unlikely event that Orange Elements will stop delivering the service, we will notify the client 3 months in advanced. If after that period the client still want to run the software, the software will be made available so it can run on an infrastructure of choice. The client will also receive a complete database dump.
We created our service so it can be used by anyone, also by individuals or organisations with different moral standards.
To prohibit inappropriate use, we have included some regulations. You cannot use our service for: Violence or threats, Abuse of any kind, Spreading hate, Intimidating people, Share any private information of somebody else, Malware, Spyware, Phishing or Spamming, Violating intellectual property rights or any other action that is not allowed under Dutch law.
This list does not include everything considered not appropriate but we hope you get the picture. If we feel the use of our service does not comply with our moral compass we will terminate the account immediately. We will get in touch with the police if we think that is needed.
You cannot appeal our decision, the decision is final.
We have the right to change these terms of service at any time. We will inform you when we make any changes. If you don’t agree with the changes you can cancel your account. If you keep using our service after the changes are made you agree with the new terms of service.
Our services are created based on our experiences and the needs of our customers. We will listen to that carefully and shape our service so it can be used by many teams. We have created the service based on our own believes and product vision. That means that the service is not a fit for everybody and that is ok. We do not guarantee that the service will meet your specific requirements and expectations.
Based on the input from our clients and our own product vision we will create roadmaps that will steer the future development of the service. No rights can be obtained by published roadmaps or individual feature requests of clients. Orange Elements has the right to add, remove or change any aspect of the service at any time.
We deeply care about the quality of our service. We test our features thoroughly before making them available for customers. But as any software, the service does contain bugs. We track our bugs and try to fix them as quickly as we can based on their priority. Not every bug will be fixed within the desired timeframe and we don’t guarantee a completely bug free service.
We take the availability of our service very seriously. We have taken appropriate measures to ensure high availability of our service, including application and database redundancy.
Your use of the service is at our own risk. We provide the service on an “as is” and “as available” basis. We do not offer specific service level agreements for our service.
We use the “fair use” principle. If your usage exceeds the average use of our customers significantly we have the right to temporary block your account. Of course we will get in touch before we take such action.
If your usages caused direct performance problems we have the right to mitigate the problem and, if needed, block your account.
We use encryption for data transfer from our data center to your browser. We backup your data and our application and database run on multiple instances. Our infrastructure is hosted by a third party.
Backups are available for seven (7) days and can be restored on request. Please contact [email protected] for this.
Deployments, maintenance and support are done on a regular basis. We have setup our infrastructure that this is often done without any downtime. In the rare case that the service is not available due to maintenance we will inform you 5 working days in advanced. We aim to do maintenance outside of the CEST office hours.
We provide help content for our services. If you need any support of any kind feel free to contact us at [email protected]. We are here to help.
We care about data privacy and security. By using the service, you agree to our Privacy Policy, which is integral part of these terms of service.
You agree that our application servers and databases are hosted in the European Union (EU). If you access our service from outside the EU, be aware that your data is transferred to the EU and is hosted under the laws of the European Union and those of the Netherlands.
When you use our service you trust us with your data. We appreciate that trust and will act on it. We process your data as described in our privacy policy and for no other purpose.
We will not sell your data to other companies ever and will only use it to deliver and improve our service. We will use your data to give you support, keep the service running, validate if you comply with these terms of service and to make sure we abide by Dutch law.
All the information you provide us is confidential and can not be externally exposed without your approval. You agree that we can use your name and logo on our website for promotional purposes.
Confidential information will only be used to execute these terms of service.
All the information we share about our service is confidential. You are not allowed to make it public without written approval from Orange Elements. This confidentiality extends the term of this agreement by an additional 2 years. This means that all confidentiality terms should still be applied until two years after the agreement is terminated.
If client data contain personal data within the meaning of the EU General Data Protection Regulation (GDPR), Orange Elements acts as processor and you act as controller within the meaning of the GDPR. We have created a separate data processing agreement which is integral part of these terms.
All content related to the service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, trademarks and logos are owned by Orange Elements or is licensed to us. This content is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Netherlands and the European Union.
You are not allowed to copy or reuse any HTML, CSS, Javascript or any source code we created and use in our service.
You agree that you will not reproduce, duplicate, sell or exploit any portion of our service without the written permission of Orange Elements.
You own all the content and data you create in our service. We will only use the content and data to execute and improve our service. For more details on this, read our privacy policy.
We also offer an API (application programming interface) that enables you to seamlessly incorporate the product with other services.
The utilization of this API also uses our “fair use” policy. If your API usage greatly surpasses the typical usage of other customers, we retain the right to temporarily suspend your account.
We will notify you in such a scenario and work together to address the excessive usage.
You acknowledge and agree that Orange Elements will not be held liable, whether in legal terms or equitable principles, to you or any third party for any direct, indirect, incidental, or consequential damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses arising from:
If in any case Orange Elements is liable by law for loss and/or damages the liability is limited to the amount the client has paid the last three (3) months excluding VAT on an annual basis.
We understand that you are taking a chance on using our service, and for that, we express our gratitude. The decision rests with you, not us. We are committed to delivering the best service within our capacity and sincerely hope that you choose to remain with us for an long time.
Neither you nor Orange Elements shall be obligated to fulfill any responsibilities if either of us is prevented from doing so due to a force majeure event.
Force majeure encompasses, among other things, domestic disturbances, mobilization, warfare, transportation disruptions, strikes, epidemics, pandemics, network attacks, denial of service attacks, business interruptions, supply bottlenecks, fires, floods, and internet failures.
In the event of a force majeure occurrence, the affected party will try to find an appropriate solution or alternative source to overcome the impact of such force majeure.
During the period of force majeure, either party retains the right to temporarily suspend the fulfillment of their obligations as stipulated in these terms of service. Should this force majeure period extends 30 days, each party reserves the right to terminate the agreement without any obligation to provide compensation to the other party.
This terms of service is strictly subject to the laws of the Netherlands.
Any disputes arising, which cannot be resolved between the client and Orange Elements, shall be brought before the court in Amsterdam, the Netherlands.