Deliverect Financial Reconciliation

Terms and Conditions

Last updated: May 31st, 2024

These terms and conditions (“Terms”) govern your use of Deliverect’s Financial Reconciliation (“DFR”), a solution developed and owned by Deliverect NV, a company incorporated under the laws of Belgium, with company number 0692.623.253, with a registered office at Foreestelaan 82, 9000 Ghent, Belgium (“Deliverect”). By using DFR you are expressly agreeing to be bound by these Terms, and you agree and acknowledge, and/or represent and warrant (as applicable) that: (1) The version of DFR that you are using is a beta, pilot, limited release, developer preview, non-production solution, which may not operate as intended, and may be interrupted; (2) DFR is provided for evaluation purposes only and not for production use, it is not supported, may contain errors, bugs, or other issues that could affect performance; (3) DFR, and any data provided in connection with DFR, is provided without any express or implied warranty whatsoever (including accuracy of the data); (4) Your use of DFR will disclose the financial information available through DFR to all the users that are attached to your Deliverect account; (5) Deliverect may discontinue DFR at any time at Deliverect’s sole discretion and may never make it available again, and Deliverect reserves the right to update or modify DFR in its sole discretion; (6) The DFR version that you are using will be provided free of charge for the duration of the trial period determined by Deliverect. You acknowledge and agree that Deliverect may introduce fees for the use of DFR after expiration of the trial period or thereafter; (7) Access to DFR may be revoked at any time and for any reason; (8) You acknowledges and agrees that Deliverect makes no other representations, and hereby expressly disclaims all other warranties, express or implied, statutory or otherwise, to the maximum extent permitted by applicable law, regarding DFR, including any implied warranty of merchantability or fitness for a particular purpose, implied warranties arising from course of dealing or course of performance, performance, reliability, availability, accuracy or completeness; (9) DFR is provided “as is”; (10) Deliverect does not warrant that DFR shall be uninterrupted, error-free or that it shall meet your pecific needs, nor that DFR or information or data provided by Deliverect in connection with DFR shall be free from viruses, harmful components, errors or defects (nor that the said shall be corrected), nor that DFR shall operate in combination with other services, hardware, software, system or data;  (11) Deliverect shall have no liability for the (in)correctness of any data provided to you, or any data made available in connection to DFR, or for any malfunction of DFR; (12) To the maximum extent permitted by the applicable law, in no event shall Deliverect be liable for any claim for any indirect, punitive, incidental, exemplary, special or consequential damages, for loss of business profits, or damages for loss of business of a location or any third party arising out of these Terms or the use of DFR, or loss or inaccuracy of data of any kind, whether based on contract, tort or any other legal theory, even if Deliverect has been advised of the possibility of such damages; (13) To the maximum extent permitted by the applicable law, Deliverect's combined total cumulative liability of each and every kind under these Terms shall not exceed €100. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. These limitations do not purport to limit liability that cannot be excluded by law; (14) If You, your employees, contractors, and agents send or transmit any communications or materials to Deliverect (irrespective of the channel through which they are transmitted) suggesting or recommending changes to DFR, including without limitation, new features or functionality thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to Deliverect on your behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and Deliverect is free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Deliverect is not required to use any Feedback, and; (15) These Terms shall be governed by and construed in accordance with the laws of Belgium. Any dispute arising out of or related to this Agreement must be brought exclusively before a court in Ghent, Belgium.