Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website located at clearobservium.info and the services provided by ClearObservium B.V. ("ClearObservium", "we", "us", or "our"). By accessing or using our website and services, you agree to be bound by these Terms.

If you disagree with any part of these Terms, then you may not access our website or use our services. These Terms constitute a legally binding agreement between you and ClearObservium.

Company Information

ClearObservium is a private limited company (besloten vennootschap) incorporated under Dutch law with the following details:

Description of Services

ClearObservium provides web retail solutions including but not limited to:

• E-commerce platform development and customisation
• Digital marketing solutions and strategy
• Platform integration services
• Ongoing support and maintenance
• Consulting services related to web retail and e-commerce

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

User Obligations

When using our website and services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Use our services only for lawful purposes
• Respect the intellectual property rights of ClearObservium and third parties
• Not attempt to gain unauthorised access to our systems or networks
• Not use our services to transmit harmful, offensive, or illegal content
• Comply with all applicable laws and regulations

You are responsible for all activities that occur under your account and for ensuring that your use of our services complies with these Terms.

Payment Terms

For paid services, the following payment terms apply:

• Fees are due as specified in your service agreement or invoice
• All prices are in Euros (EUR) unless otherwise specified
• Payment terms are typically 30 days from invoice date unless otherwise agreed
• Late payment may result in service suspension and additional charges
• Refunds are provided only as specified in your service agreement

Intellectual Property

The website, services, and all related content, including but not limited to text, graphics, logos, images, software, and code, are the property of ClearObservium or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our website and services for their intended purposes. This licence does not include any resale or commercial use of our website or services, or any derivative use of our website or its contents.

For custom development work, intellectual property ownership will be specified in the relevant service agreement. Generally, custom code and solutions developed specifically for clients become the property of the client upon full payment, while ClearObservium retains rights to general methodologies, frameworks, and pre-existing intellectual property.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws in our handling of personal data.

Limitation of Liability

To the fullest extent permitted by applicable law, ClearObservium shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount paid by you to ClearObservium in the twelve (12) months preceding the claim.

We provide our services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless ClearObservium, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• Your use of and access to our services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of our services caused damage to a third party

Termination

Either party may terminate these Terms and your access to our services at any time, with or without cause, with or without notice. Upon termination, your right to use our services will cease immediately.

ClearObservium may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Force Majeure

ClearObservium shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of the Netherlands, and the parties hereby consent to personal jurisdiction and venue therein.

If you are a consumer resident in the European Union, you also have the right to bring proceedings in your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

Dispute Resolution

We encourage you to contact us first to resolve any disputes. If we cannot resolve a dispute through direct communication, we may agree to participate in mediation or other alternative dispute resolution procedures.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and ClearObservium regarding the use of our services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us: