Terms and Conditions Track-i

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

1. Track-i: the online software service Track-i, provided by SnoS.
2. SnoS: the company that develops, manages and provides Track-i.
3. Customer: the natural person acting in the course of a profession or business, or the legal entity that enters into an agreement for the use of Track-i.
4. User: a person who has been granted access to Track-i by or on behalf of the Customer.
5. Subscription: the agreement under which the Customer is granted access to Track-i for the duration of the subscription.
6. Practice Environment: the secured Track-i environment made available to the Customer.

Article 2 – Applicability

1. These Terms and Conditions apply to every offer, agreement and use of Track-i.
2. Track-i is offered exclusively for business or professional use and is not offered to consumers.
3. Deviations from these Terms and Conditions are valid only if agreed in writing.
4. Any general terms and conditions of the Customer are expressly rejected unless SnoS has accepted them in writing.

Article 3 – The Service

1. Track-i is an online software service for, among other things, managing clients, programmes, sessions, tasks, appointments, documents and reports.
2. The exact functionality depends on the selected subscription and the current configuration of the service.
3. SnoS may further develop, modify and extend Track-i. SnoS will endeavour to preserve the essential functionality of the service.
4. Track-i is a supporting software product. The Customer remains responsible for the professional services provided to its clients and for decisions made on the basis of information recorded in Track-i.

Article 4 – Formation and Activation

1. The agreement is concluded when the Customer takes out a subscription and the required payment transaction has been successfully completed, unless otherwise agreed.
2. Following successful processing of the first payment, the Practice Environment will be created or activated.
3. The Customer will subsequently receive the information required to activate the administrator account and use Track-i.
4. SnoS may refuse an application where there are reasonable grounds to do so, for example in the event of suspected abuse, fraud or unlawful use.

Article 5 – Subscriptions and Rates

1. Track-i is offered on a subscription basis.
2. Current subscriptions, rates, included users, storage capacity and other features are listed on the Track-i website.
3. All stated prices are exclusive of VAT unless expressly stated otherwise.
4. If a subscription allows additional users, additional monthly charges may apply.
5. If a paid additional user is added during a current subscription period, Track-i may calculate the amount due for the remaining part of that period on a pro-rata basis.
6. From the next full subscription period, the regular monthly amount including the additional user(s) will be charged.
7. A reduction in the number of paid users will take effect from the next subscription period. No refund will be made for the current period.

Article 6 – Storage

1. Available storage capacity is determined by the selected subscription and, where applicable, the number of users.
2. Current storage limits are stated on the Track-i website.
3. When the storage limit is reached, adding new documents or other data may be restricted until storage is made available or capacity is increased.
4. The Customer remains responsible for the data and documents stored in Track-i by the Customer and its Users.

Article 7 – Payment

1. Payments are processed using the payment methods and payment service provider offered on the website.
2. Where applicable, the Customer authorises periodic payment of the subscription fees.
3. Subscription fees are generally charged in advance for each subscription period.
4. If a payment cannot be processed, SnoS may retry collection and request the Customer to pay the outstanding amount.
5. If payment remains outstanding after a payment reminder, SnoS may temporarily restrict or suspend access to Track-i.
6. The payment obligation remains in force during such suspension for as long as the subscription has not been validly terminated.

Article 8 – Duration and Cancellation

1. Unless expressly stated otherwise when the subscription is taken out, a Track-i subscription is entered into on a monthly basis.
2. The subscription may be cancelled monthly.
3. Following cancellation, the subscription remains available until the end of the subscription period already paid for, unless otherwise agreed.
4. Subscription fees already paid for a current subscription period will not be refunded.

Article 9 – Accounts and Security

1. The Customer is responsible for managing User accounts within its Practice Environment.
2. Login credentials are personal and may not be shared with unauthorised persons.
3. The Customer and Users must take appropriate measures to prevent unauthorised access to their accounts.
4. Suspected misuse or unauthorised access must be reported to Track-i as soon as possible.

Article 10 – Use of Track-i

1. Track-i may not be used for unlawful purposes or in a manner that may cause damage to Track-i, SnoS, other Customers or third parties.
2. Users may not circumvent security measures, intentionally disrupt the operation of the service or obtain unauthorised access to systems or data.
3. SnoS may take measures where it reasonably suspects that Track-i is being used in breach of this article.

Article 11 – Availability and Maintenance

1. SnoS will endeavour to keep Track-i available and accessible as reliably as reasonably possible.
2. Uninterrupted or error-free availability of Track-i cannot be guaranteed.
3. Track-i may temporarily be wholly or partly unavailable for maintenance, security updates, further development or the resolution of incidents.
4. Where reasonably possible, planned maintenance will be carried out in a way that limits the impact on Users.

Article 12 – Data, Privacy and GDPR

1. Where SnoS processes personal data on behalf of the Customer in providing Track-i, the Customer is the controller and SnoS generally acts as processor within the meaning of the General Data Protection Regulation (GDPR).
2. Where required, additional arrangements concerning the processing of personal data will be set out in a data processing agreement.
3. The Customer is responsible for having a lawful basis for the collection, entry and processing of personal data within Track-i.
4. SnoS takes appropriate technical and organisational measures to protect data processed through Track-i.
5. The Track-i Privacy Policy applies to personal data for which SnoS itself acts as controller.

Article 13 – Backups and Data Retention

1. SnoS may create technical backups to support the continuity and recoverability of Track-i.
2. A backup facility is not intended as a personal archive or as a guarantee that every individual deleted file or item of data can be restored.
3. Following termination of the subscription, access to the Practice Environment may be terminated.
4. Data may subsequently be deleted in accordance with the applicable data and privacy policy and legal obligations.

Article 14 – Intellectual Property

1. All intellectual property rights relating to Track-i, including the software, design, documentation, name and associated materials, belong to SnoS or its licensors.
2. For the duration of the subscription, the Customer receives a limited, non-exclusive and non-transferable right to use Track-i in accordance with the agreement.
3. Data and documents entered by the Customer remain the property of the Customer or the relevant rights holder.

Article 15 – Liability

1. SnoS is liable only for direct damage that is the direct result of an attributable failure in the performance of the agreement.
2. To the extent permitted by law, SnoS is not liable for indirect damage, including consequential loss, loss of profit, lost savings, business interruption or loss of data.
3. To the extent permitted by law, the total liability of SnoS is limited to the amount paid by the Customer for Track-i during the twelve months preceding the event causing the damage.
4. The limitations in this article do not apply where the damage results from intent or deliberate recklessness by SnoS to the extent such limitation is not permitted by law.

Article 16 – Force Majeure

1. SnoS is not obliged to fulfil an obligation if it is prevented from doing so by circumstances reasonably beyond its control.
2. This may include failures of hosting, network, energy or telecommunications providers, internet outages, cyberattacks, government measures and other circumstances over which SnoS reasonably has no control.

Article 17 – Changes

1. SnoS may amend these Terms and Conditions where there is a reasonable basis for doing so.
2. Changes of material importance to existing Customers will be communicated in advance by an appropriate method.
3. If rates for an existing subscription are changed, the Customer will be informed in advance. A rate change will not be applied retroactively.

Article 18 – Termination by SnoS

1. SnoS may suspend or terminate the agreement if the Customer materially fails to meet its obligations and, where remedy is possible, fails to remedy the breach within a reasonable period.
2. In the event of fraud, serious misuse, unlawful use or a serious threat to the security of Track-i, SnoS may take immediate action.

Article 19 – Governing Law and Disputes

1. The agreement and these Terms and Conditions are governed by Dutch law.
2. The parties will first attempt to resolve any dispute through consultation.
3. If this is unsuccessful, the dispute will be submitted to the competent court in the Netherlands.

Article 20 – Contact

Questions regarding these Terms and Conditions can be submitted through the Track-i contact page.