The company Pomego BV is registered under the Chamber of Commerce number 9190.5842. Its registered office is located at Berkenbosch Blokstraat 18, 2586 HG, Den Haag.
1.1 Under these general terms and conditions, ‘Kazaroo’ refers to Pomego BV., a private limited company conducting business as Kazaroo. The terms ‘service’ or ‘app’ within these conditions refer to the Kazaroo website (kazaroo.app) and its related application, along with any other services offered by Kazaroo.
1.2 These general terms and conditions are applicable to all proposals made by Kazaroo and to every agreement entered into with Kazaroo.
1.3 The present terms and conditions supersede any other terms and conditions of the party entering into an agreement with Kazaroo (hereafter referred to as ‘Licensee’).
2.1 A contract is established between Kazaroo and the Licensee when the following conditions are met:
3.1 Kazaroo grants the Licensee a non-exclusive usage right for its services upon the successful formation of a contract.
3.2 This right to use the service is non-transferable. It is prohibited for the Licensee to sell, lease, sublicense, or otherwise provide access to this right in any form to any third party.
3.3 The Licensee is authorized to use this right exclusively for its own business operations.
3.4 The extent of this usage right is based on the specific description of the service as defined at the time when the contract is finalized.
4.1 The contract is initially valid for a minimum of 12 months and automatically renews for successive 12-month periods unless terminated by either Kazaroo or the Licensee. Notice of termination must be given at least one month before the end of the current term.
4.2 To cancel the contract, the Licensee must send a written termination request via email. Termination requests should be sent to info@kazaroo.app with ‘Termination request’ in the email subject line.
4.3 After the termination or cancellation of the contract, the Licensee must cease all use of the licensed services and delete any information obtained from Kazaroo from their systems within two working days.
5.1 Kazaroo’s statements regarding service performance, functionality, colors, and other characteristics are estimates and not binding.
5.2 Visuals, descriptions, promotional materials, and offers from Kazaroo are not contractual obligations.
5.3 It is the Licensee’s responsibility to ensure that the use of Kazaroo’s software platform complies with all relevant laws and regulations in their jurisdiction. Any risks associated with non-compliance are borne by the Licensee.
5.4 The Licensee is responsible for the accuracy, completeness, and reliability of the information provided to Kazaroo. Kazaroo’s obligation to fulfill the contract is contingent upon the Licensee providing all required information and fulfilling their obligations under the contract.
6.1 Kazaroo retains all rights to intellectual and industrial property related to its software platform and any other services. This includes all software, text, designs, and images created, developed, or provided by Kazaroo.
6.2 The Licensee is not allowed to alter or remove any branding, trademarks, copyright notices, or any other intellectual or industrial property markings.
6.3 The Licensee is prohibited from copying, reproducing, translating, adapting, imitating, modifying, or in any way reconstructing the service or any part of it.
7.1 All specified license fees and rates by Kazaroo are exclusive of VAT and other applicable taxes or levies.
7.2 The licensing fee structure includes a standard fee and, in some cases, a sale-based fee. This sale-based fee applies only when explicitly included in the License Agreement and will be clearly communicated during the agreement process.
7.3 The sale percentage is calculated on the net turnover
7.4 Licensees cannot offset payments against other claims or defer payments due to dissatisfaction with the service.
7.5 Kazaroo reserves the right to deactivate access to its software platform if payments are overdue by more than 21 days.
8.1 Kazaroo regularly conducts system maintenance for secure network operation and data security. This may involve temporary suspension or limitation of services, considering the Licensee’s interests and justifiable reasons. Kazaroo aims to schedule maintenance during low-traffic periods and will notify Licensees in advance of any significant service disruptions, as long as such notification does not further delay resolving existing issues.
8.2 Kazaroo has full discretion over its technical infrastructure and may change its infrastructure, third-party services, or hardware and software at any time. Specific infrastructure or technology is only a contractual component if explicitly stated in the service description.
8.3 Kazaroo reserves the right to modify its services, provided a reasonable notice period is given. If the Licensee objects to the changes within the stipulated timeframe, the objection will be considered.
8.4 The Licensee is expected to cooperate with necessary changes, such as updating login details or adjusting their systems.
8.5 Kazaroo may limit the volume of incoming and outgoing email traffic and is authorized to delete emails from Licensee accounts after they have been retrieved or forwarded and stored for 60 days. This does not apply to dedicated or virtual servers operated by the Licensee.
8.6 Kazaroo may send emails to the Licensee for communication purposes.
8.7 Kazaroo has the authority to block or reject emails sent to the Licensee if there is suspicion of harmful content (like viruses or spam), incorrect sender information, or encrypted unsolicited commercial communications.
9.1 The Licensee is obligated to provide all information requested by Kazaroo accurately and in full, and to promptly update Kazaroo regarding any changes to this information.
9.2 The Licensee is required to supply Kazaroo with the correct account number, which should match the account number used for receiving payments from Payment Service Providers.
9.3 The Licensee is responsible for creating backups of all data sent to Kazaroo’s servers on separate storage devices. In the event of data loss, the Licensee must re-upload the relevant data files to Kazaroo’s server at no additional cost.
10.1 The Licensee must not use Kazaroo’s service, system, or disk space for activities that violate legal norms, Advertising Code Commission guidelines, the terms of the agreement, or these general terms and conditions. Prohibited activities include, but are not limited to:
10.2 If the Licensee violates any of these conduct rules or if there’s suspicion of such violation, Kazaroo reserves the right to suspend the Licensee’s service access, block relevant web pages, restrict email access, or completely or partially deny service use.
10.3 If there’s credible evidence that the Licensee’s use of the service infringes upon third-party rights, involves illegal content, or breaches legal standards through domain use or web content, Kazaroo may restrict or block the Licensee’s access to the service, specific web pages, or servers. This action continues as long as the infringement or the dispute regarding the infringement persists.
11.1 Kazaroo aims for at least 99.99% yearly availability of its servers and internet access points. However, there may be service limitations or disruptions beyond Kazaroo’s control. In such cases of force majeure or other uncontrollable limitations, Kazaroo is allowed to suspend its obligations under the agreement. The Licensee is not entitled to any compensation for damages, costs, or lost interest during these periods.
11.2 Force majeure or external limitations include, but are not limited to, technical issues beyond Kazaroo’s control, problems stemming from the Licensee’s hardware or software, infrastructure issues, power outages, labor strikes, fires, accidents, staff illnesses, natural disasters, Denial of Service attacks, unexpected challenges faced by Kazaroo, and any other circumstances beyond the direct control of Kazaroo.
12.1 Kazaroo stands behind the reliability of its service as reasonably expected under the agreement. If service defects arise due to programming or design errors, Kazaroo will either rectify these defects, have them fixed, or offer a reasonable price reduction at its own discretion and based on its assessment.
12.2 Issues related to the security of the Licensee’s data on Kazaroo’s systems, problems caused by the Licensee or other users, or issues stemming from changes in connection numbers, login processes, account or email addresses, or similar alterations, are not covered under Kazaroo’s guarantee. These issues are the responsibility and risk of the Licensee.
12.3 The Licensee is expected to promptly review the services upon their activation. Failure to conduct this inspection may result in the forfeiture of any rights to file complaints or claims under the service guarantee.
12.4 Filing complaints regarding the service does not exempt the Licensee from fulfilling their payment obligations.
13.1 Invoices will be automatically generated and send to Licensee on a monthly basis. Payment options include credit card debit or direct debit.
13.2 Kazaroo may require full or partial advance payment or other forms of payment security.
13.3 Electronic invoices will be available in the software platform’s back office or sent via email at no extra cost.
13.4 Late payments attract an interest charge of 6.5% per month on the invoice amount, calculated from the due date to the payment date.
13.5 The Licensee bears all costs associated with debt collection, with out-of-court collection costs at a minimum of 15% of the due amount or €200.
13.6 The Licensee waives any right to offset mutual debts.
13.7 Failure to pay the license fee on time or in full may lead to Kazaroo denying service access, blocking internet pages and apps, and refusing service.
13.8 Licensees have the option to prepay the license fee for 12, 24, or 36 months at a fixed rate, excluding usage-based costs.
13.9 In cases of prepayment, the license fee covers all services used during the demo period.
13.10 Licensees considering canceling their direct debit must consult Kazaroo beforehand.
14.1 Pomegol BV. collaborates with Stripe for handling payments and financial transactions. As outlined in Article 16 of these General Terms and Conditions, Stripe is not liable for issues related to these payments and transactions.
14.2 Stripe operates under the supervision of European regulatory authorities. Any liabilities concerning payments and financial transactions are governed by a separate contract, a standard practice in online payment processing and transactions.
15.1 Any advice, notifications, or statements given by Kazaroo, particularly those pertaining to the characteristics of its services, are purely informational and not obligatory. Kazaroo does not guarantee the accuracy or reliability of this information.
15.2 Kazaroo bears no responsibility for any direct or indirect damage that arises from the information or advice it provides. The Licensee agrees to protect Kazaroo from any third-party claims related to this advice, except in cases of intentional misconduct or gross negligence by Kazaroo.
16.1 Beyond the provisions of Article 12, the Licensee cannot make any claims against Kazaroo for defects in or related to the services provided by Kazaroo.
16.2 Kazaroo is not responsible for any damages caused by service disruptions, internet access issues, immaterial losses, consequential damages, profit loss, or any other indirect damages, unless these are due to gross negligence or deliberate actions by Kazaroo.
16.3 The deadlines mentioned in the agreement are approximate and not strict. Kazaroo holds no liability for failing to meet these estimated timelines.
16.4 If Kazaroo is required to pay compensation for any reason, the amount will not exceed the total of the license fees paid by the Licensee in the preceding 12 months. If the damage is covered by Kazaroo’s insurance, the compensation will not exceed the amount reimbursed by the insurance company.
16.5 All claims against Kazaroo expire 12 months after they arise, unless acknowledged by Kazaroo.
16.6 The Licensee agrees to protect Kazaroo from any third-party claims related to Kazaroo’s execution of the agreement.
17.1 Kazaroo is committed to respecting the Licensee’s privacy. Personal data of the Licensee will be processed in compliance with applicable privacy laws and Kazaroo’s Privacy Statement, available on their website. The Licensee agrees to the processing of their personal data. Kazaroo may use the Licensee’s brand or related materials as a reference in their software platform and app without prior consent.
18.1 Any disputes between Kazaroo and the Licensee will be resolved exclusively in the competent courts of Den Haag, Netherlands. However, Kazaroo may choose to bring disputes to the court in the Licensee’s area of residence or business location.
18.2 The laws of the Netherlands exclusively govern all agreements made by Kazaroo.
19.1 Kazaroo reserves the right to unilaterally change these General Terms and Conditions for valid reasons aligned with fairness and reasonableness. Licensees will be notified of any changes through the Kazaroo website.