Terms & conditions of the beta release
1. Important Terminology
List of terminology used in this contract
|Access Rights||all contractual rights to access, receive and use the Services according to the technical protocols and procedures established by b.fine pursuant to the agreement between parties;|
|Additional Service(s)||These are services that are not included in the Beta version of the Platform but can be ordered additionally. These are the Support Packages and/or the Managed Services on top of The Platform|
|Administrator||the user who is responsible for the Administrator Account;|
|Administrator Account||the user account of the Participant, which can solely be accessed and used by the Administrator and through which the Administrator shall be able to (i) use the Beta version of the Platform and Services in accordance with Participant’s order, (ii) change the configuration settings (including but not limited to adding additional Services or features) and (iii) creating additional accounts for Users;|
|b.fine||The company b-fine BV with its registered office in Kraaienbroeklaan 8 – 1860 Meise|
|b.rx||The Beta version of the Platform that was developed by b.fine|
|Communication||any communication sent by b.fine via email at regular times concerning Services and products-related announcements, administrative e-mails and newsletters;|
|Participant||every natural person or legal entity, that has been registered for the beta testing program of The platform and enters into an agreement with b.fine in the name of or on behalf of this legal entity. Every natural person is considered to be at least 18 years of age;|
|Participant/User Data||any and all content, information and data – including personal and customer related data – pertaining to prospects, business partners, clients and/or Participants of the Participant (non-limitative), entered and uploaded into the Beta version of the Platform by the Participant by using the Services;|
|Documentation||any documentation provided by b.fine regarding the Beta version of the Platform and Services as well as the Website and including any documentation, tutorials or other available on the Website;|
|Services||the online services which facilitate regulatory reporting, and consist among other things of a Regulatory reporting templates, validation engine, XBRL-generator, collaboration Beta version of the Platforms, calendar, to-do, workflows, identity management, notifications and an audit trail.|
|Indemnitee||every b.fine officer, director, partner, employee and affiliate;|
|Term||the initial or renewed term – i.e. month, quarter or year – during which the Participant can make use of the Beta version of the Platform and Services, as selected by the Participant when ordering the Services;|
|Beta version of the Platform / the platform||the online Platform, developed by b.fine, with the brand name “b.rx”|
|User account||the user account, which can be accessed by an User through his/her personal login in order to make use of the he Beta version of the Platform and Services;|
|Website||www.b-fine.eu and every b.fine related website b.fine is owning.|
2. Scope of the agreement
b.fine developed and offers a beta version of the Platform for regulatory reporting “b.rx” whereby integrations can be made with other platforms. By combining data, reports and processes into one Platform, this Platform ensures a more efficient management of the client’s reporting processes.
b.fine is launching a beta program and has selected a limited number of participants to enter this program. The beta program shall be governed by the terms and conditions as laid down in this document. By registration for the beta program – the Participant acknowledges to have read these terms of service as well as the data processing agreement which are made available on https://b-fine.be/terms-conditions by checking a box. The terms of service always take precedence over the terms and conditions of the Participant, even if they stipulate that they are the only valid conditions.
The invalidity of one or more provisions of these terms of service or any part thereof shall not affect the validity and enforceability of the other clauses and/or the remainder of the provision in question. In case of invalidity, parties shall negotiate to replace the invalid provision by an equivalent provision in accordance with the spirit of these terms of service. If parties do not reach an agreement, then the competent court may mitigate the invalid provision to what is (legally) permitted.
The (repeated) failure by b.fine to exercise any right may only be construed as a toleration of a particular situation and shall not give rise to a forfeiture of rights.
These terms of service shall not affect the mandatory legal rights granted to the User/Participant under the Belgian legislation relating to consumer protection.
b.fine reserves the right to change its terms of service whenever it wishes to do so by a change on its Website. B.fine undertakes to notify the Participant thereof through (i) an announcement on its Website within a reasonable term prior to the application of the amended terms of service and/or (ii) through the b.fine Communication.
3. Nature & purpose of the beta release
The Beta version of the Platform is made available to a selected number of people for testing purposes only, hereafter named as “Participant(s)”. The beta version is not sold to Participants and should not be used in production environments. The Beta version of the Platform has not been released for sale, distribution or usage for the general public and will be referred to as “Beta software”, “beta release” “beta environment” or “Beta version (of the Platform)” from here on.
The beta software is still in testing phase and is provided on an “as-is” and “as available” basis. It is believed to contain defects. The primary purpose of the beta release is to allow a certain number of people to test the beta version of the Platform in order to obtain feedback of the Platform’s performance and features and identify possible defects. The Participant is advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the beta version of the Platform.
b.fine grants the Participant access (i) to use the Beta version in accordance with, if any, the Documentation solely for purposes of testing and evaluation, and (ii) to copy the Beta version for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies and provided that only one copy of the Beta version may be used at a time.
Following conclusion of the agreement linked to the beta release, the Participant shall be granted access to the Beta version of the Platform, which is provided as ‘Software as a Service (SaaS)’. Such right of access merely implies a non-exclusive and non-transferable right to use the beta version according to the terms and conditions as mentioned within this document.
Providing the Administrator Account to the Participant will be considered a delivery of the beta version of the Beta version of the Platform.
Upon delivery, the Participant is obliged to carry out an initial verification.
If no complaints are made within such timeframe of 48 hours, the Participant is deemed to have approved and accepted the delivery.
5. Administrator Account / User Account
The Participant shall be able to access the Beta version of the Platform and make use of the Services through the Administrator Account and the additional User Accounts.
The Administrator shall be solely responsible for every use and activity of the Administrator Account.
Besides an Administrator Account, the Participant can also receive also at least one (1) additional User Account if requested. The amount of User Accounts corresponds with the number of Users of the Participant. Each User has thus its own User Account. The Administrator determines the extent of the rights of the User Accounts and the Administrator shall always remain responsible for every use of the User Accounts.
Each User Account (including the Administrator Account) belongs to one person only and may therefore not be shared with other persons. The Administrator as well as every User is advised to create a unique password, to change it frequently and/or to use two-factor authentication.
The Participant shall be solely responsible for the protection and security of the Administration Account and the User Accounts. In this context, the Administrator and every User must ensure the confidentiality of their respective account, including the confidentiality of the login-data such as the password. Consequently, they may not even disclose their login-data to b.fine (for example, when seeking assistance of b.fine through the helpdesk – cfr. Article 14). Each loss or misuse of such login-data may therefore not lead to liability towards b.fine.
Furthermore, it is strictly forbidden to:
- Ask for the login-data of other users;
- Login onto one other’s account;
- Use the beta version of the Platform and Services in a fraudulent manner (e.g. the use of a false account and/or providing false information is considered as fraudulent use);
- Pretend to be another (legal or natural) person when using the beta version of the Platform and Services without the necessary permission. Such action may lead to civil and criminal sanctions.
The Participant must immediately (i) penalize or sanction any improper and unauthorized use and (ii) immediately inform b.fine in writing of such use and of every controversial registration it notices.
A well-reasoned and founded notification may lead to temporary and/or perpetual suspension and/or removal of Administration Account and/or the User Accounts. b.fine preserves itself a wide margin of discretion to ensure best quality of the Services. In any event, b.fine will not be liable for any loss or damage arising from Participant’s failure to comply with the above requirements.
The beta release environment is offered free of charge.
7. Use of the Services
For as long as this agreement remains in effect, the Participant can make use of the beta release environment of the Platform and the Services within the scope of the Access Rights of the Participant. The scope of such Access Rights can be limited or extended during the Term of the agreement.
b.fine grants the Participant access (i) to use the Beta version in accordance with, if any, the Documentation solely for purposes of testing and evaluation, and (ii) to copy the Beta version for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies and provided that only one copy of the Beta version may be used at a time. The Participant may use the beta release in compliance with all applicable laws, rules and regulations issued by governing authorities. The Participant agrees that compliance with this article is an essential basis of the agreement.
Use of and access to the Services by the Participant presupposes an Internet connection and the use of a modern web browser (such as but not limited to the most recent version of Google Chrome). If an obsolete web browser is used, the Participant may not be able to use all functions of the Services or these functions may not operate optimally.
The Participant shall be fully responsible for compliance with these terms of service, as well as for the acts and omissions of all users who make use of the Beta version of the Platform and Services through the Administrator Account and/or User Account. The Participant shall not authorize access to or permit use of the Beta version of the Platform nor the Documentation by persons other than the Administrator or the Users.
Participant agrees not to misuse the Access Rights and shall thus not, without this list being exhaustive:
- Sell, resell, license, sublicense, rent, lease or distribute the beta version of the Platform and any Services, or include any Services or any derivative works thereof in a service bureau or outsourcing offering to any third party;
- Copy, modify, adapt, alter, translate or make derivative works based upon the Services (other than any copies, modifications or derivative works made exclusively from the reports or overviews which are created solely for Participant’s internal business purposes);
- Engage in, nor authorize others to engage in, the reverse engineering, disassembly or the decompilation of the Beta version of the Platform and/or Services.
- remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in b.fine’s products and Platforms Product(s); or
- publish or make public any results of benchmark tests run on any Software to a third party without b.fine’s prior written consent.
- Use the beta version for illegal or unlawful purposes or for the transmission of data which is illegal, defamatory, invasive of another’s privacy, abusive, threatening, harmful or infringes on someone’s intellectual property (non- exhaustive list).
- Use the Beta version to conduct or promote any illegal activities;
- Use the Beta version for the transfer of “junk mail”, “spam”, “chain mail”, “phishing” or other undesired mass circulation of e-mails;
- Use the Services to stalk, harass or harm another individual;
- Disturb the good operation of the Beta version of the Platform, and/or Website. This includes that Participants should refrain from the use of viruses, worms, Trojans or other software that may infringe the services and interests of both b.fine and its Participants. Participants should also refrain from any content that may burden or disturb the websites infrastructure and its proper functioning;
- Send unsolicited and/or commercial messages, such as junk mail, spamming and chain letters;
- Add content that can be described as not-appropriate regarding the aim of the Beta version of the Platform. b.fine reserves a large discretion and may notify Participants when touching boundaries;
- Circumvent the business-model of b.fine;
- Use the Services – partly or integrally – nor the Beta version of the Platform or Website in any manner that may give a false or misleading impression, attribution, or statement as to b.fine, or any third party.
8. Intellectual Property
Intellectual property rights of b.fine
The Participant explicitly acknowledges that b.fine is and remains the sole owner of the Beta version of the Platform and Services and/or other intellectual property rights relating thereto. All such rights and goodwill are, and shall remain, vested with b.fine.
The beta versions of the Platform and all copies thereof remain b.fine’s property. The beta version is copyrighted to b.fine BV. Consequently, the Access Rights granted to the Participant solely imply the right to test the beta version of the Platform and no implied licenses shall be granted under this agreement. Under no circumstances such right:
- Entails a transfer of ownership of the Beta version, Services and Documentation by b.fine to the Participant;
- Grants the Participant any rights to or interests in the Beta version, Services, any trade names and/or or trademarks of b.fine, and
- Grants the Participant the right to request b.fine to deliver a copy of any software or other products utilized by b.fine to provide the Services.
The Participant shall thus not use any trademark, tradename, or brand name of b.fine (such as but not limited to the use thereof in metatags, keywords or hidden text), without the explicit written approval from b.fine. The Participant will not remove copyright notices from the beta version and agrees to prevent any unauthorized copying of the beta version of the software.
Without prejudice to the right of the Participant or any third party to challenge the validity of any intellectual property of b.fine, the Participant shall not perform or authorize any third party to perform any act which would or might invalidate or be inconsistent with any intellectual property of b.fine – including without being limited to any patent, copyright, registered design, trade mark or other industrial or intellectual property rights – and shall not omit or authorize any third party to omit to do any act which, by its omission, would have that effect.
The Participant undertakes to notify b.fine of any actual, threatened or suspected infringement of any intellectual property rights of b.fine which comes to the Participant’s notice, and of any claim by any third party due to use of the Beta version of the Platform and Services.
Subject to these terms of service, b.fine hereby grants to the Participant a non-exclusive, non-transferable Account access during the Term (cfr. Article 9) to reproduce copies of the Documentation solely for use by the Participant in connection to his Access Rights. Participant acknowledges that:
- No right is granted to publish, modify, adapt, translate or create derivative works of the Documentation;
- The Documentation is part of b.fine’s intellectual property and hereby agrees to accurately reproduce all proprietary notices, including any copyright notices, trademark notices or confidentiality notices, that are contained within any copies of the Documentation.
- Participant’s intellectual property rights
Further, without conveying any right, title or interest, parties agree that b.fine is allowed to make accurate informational references to Participant’s trade names, trademarks or service marks (collectively, the “Marks”) in connection with its performance of the Services, for example through branding Participant’s landing page by means of the latter’s Marks, subject to the condition that b.fine shall promptly cease any use of any Mark owned by Participant in connection with the performance of the Services upon (i) termination of this agreement or (ii) receipt of notice from the Participant to discontinue such use.
Every beta-release agreement closed between b.fine and the Participant concerning the use of the Beta version of the Platform and Services shall have a definite term of 1 month with potential extension. There is no automated prolongation.
Termination by the Participant
The Participant may terminate the Beta Release Agreement:
(i) At any time and for any reason
(ii) In the event of a termination, article 6.5 of the data processing agreement between b.fine and the Participant (cfr. Article 12) enters into force and the conditions, as determined therein, are met.
However, prior to such termination by the Participant but in any case before deactivation by b.fine, the latter is obliged to remove and/or export the Participant Data.
Termination by b.fine
Without prejudice to any other right or remedy b.fine may have against the Participant, b.fine can terminate the agreement at any time and without legal intervention
Consequences of termination
Upon termination of the agreement:
- By the Participant, b.fine undertakes within 2 working days – but in any event not before the ongoing Term expires – to deactivate the Participant’s Administrator Account and User Accounts and shall use its best efforts to inform the Participant of such deactivation in advance;
- By b.fine, the latter shall (i) deactivate the Participant’s Administrator Account and User Accounts and (ii) notify the Participant that the beta environment of the Beta version of the Platform will be removed and that it has the possibility during a term, as mentioned in such notification, to export the Participant Data
- b.fine is entitled to refuse any request from the Participant to enter into a (new) agreement with regard to the use of the Beta version of the Platform and Services.
- Each party will discontinue its use and will return the confidential information and proprietary materials of the other party.
Articles 8, 11, 12 and 13 , 16, 17 and 18 shall survive and continue in full force and effect in accordance with their terms, notwithstanding the expiration or termination of this Agreement for whatsoever reason.
The termination of the agreement, for whatever reason, shall not prejudice the rights acquired by each party.
In no event will b.fine BV be liable to the Participant or any party for – without any limitation – any loss of use; interruption of business; or any direct; indirect; special; incidental; exemplary or punitive or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract; tort (including negligence); strict product liability or otherwise; whether arising out of the use of inability to use the beta version of the Platform (included but not limited to loss of data or data being rendered inaccurate or losses sustained by the Participant or Third Parties or a failure of the beta software to operate with any other program), even if b.fine has been advised on the possibility of such damages.
- B.fine’s beta version of The Platform is provided as an “as-is” version and b.fine disclaims any and all other warranties of any kind whether express or implied, including, without limitation, any implied warranties of merchantability, suitability, usability or fitness for a particular purpose, merchantable quality, title or noninfringement of third party rights, to the extent authorized by law.
- Without limitation of the foregoing, b.fine expressly does not warrant that the beta version of the Platform will meet the Participant’s requirements. The beta version is provided “as-is” without any warranty of any kind. b.fine does not guarantee that: (i) the performance of the Beta version will be uninterrupted or error-free nor that all errors and/or bugs will be corrected (within a reasonable time), (ii) the Beta release will be constantly available, free of viruses, in time and complete, or (iiI) the information provided by the Beta release is complete, correct, accurate and non-misleading.
- The Participant assumes all responsibility for using the beta version of the Platform to achieve its intended results, and for the results obtained from its use. The Participant shall bear the entire risk as to the quality and the performance of the beta version of the Platform.
- Any use of this beta version and its copies is done at the Participant’s own risk and the Participant will be solely responsible for any damage to – without limitation – any computer system or loss of data that results from such activities. Should it prove defective, the Participant assumes the cost of all necessary servicing, repair and/or correction. It is therefore up to the Participant to take adequate precaution against possible damages resulting from this beta version. The beta version for example should not be user on sensitive and/or valuable data and should not be used in production systems.
b.fine shall neither be liable for:
- Indirect and/or consequential damage (including but not limited to loss of income, loss of goodwill and damage to the property of the Participant caused by the Beta version of the Platform and Services). This limitation of liability also applies when b.fine has been specifically informed of the potential loss by the Participant;
- Defects that have been caused directly or indirectly by an act on the part of the Participant or a third party, irrespective of whether they are caused by an error or negligence;
- Damage caused by using the Beta version of the Platform for a different purpose than the purpose for which it has been developed or is intended by b.fine;
- Additional damage caused by continued use by the Participant, Administrator and/or Users after a defect has been detected;
- The loss or incorrect use of the Participant Data, unless this is solely due its fault;
- Damage caused by non-compliance with any advice and/or guidelines that may be given by b.fine, which the latter always provides on a discretionary basis;
- Damage caused by force majeure or hardship (cfr. Article 19).
Furthermore, the Participant accepts that b.fine does not offer any guarantee that the Beta version of the Platform and Services comply with the regulations or requirements which apply in any legal area, with the exception of the regulations or requirements that apply in Belgium on the moment of conclusion of the agreement. b.fine can thus not be held liable for any subsequent changes of whatever nature in such law and/or regulations.
The Participant is deemed not to provide any (confidential) information (e.g. an Excel sheet with data, including user Data) nor any login data to any employee of b.fine in whatever manner and for whatever reason. If the Participant, in contrary to the above, does provide any of such data to b.fine, the Participant acknowledges that it is acting entirely at its own risk. In such case, b.fine cannot guarantee the same security and confidentiality with respect to the information provided as it guarantees with respect to the Participant Data.
The Participant shall indemnify and/or hold harmless b.fine and/or a b.fine Indemnitee from and against all claims of whatever nature that might arise from the existence, implementation, non-compliance and/or termination of these terms of service and which have been caused by his own negligence, fault or carelessness or by his Administrator and/or any of his Users.
Finally, it is the Participant its responsibility to inform his Administrator and Users of the provisions of this Article (and the remaining of these terms of service).
12. Personal Data & Privacy
b.fine as data controller
By entering into the agreement for the use of the beta version of the Platform with b.fine – including registration for the beta program – the Participant acknowledges to have read the privacy statement and to fully understand its content.
b.fine as data processor
The Participant acknowledges that – with regard to the processing of Participant Data – it shall act as controller and b.fine as processor. All arrangements made between parties in this respect shall be solely governed by the data processing agreement, as concluded between parties and as made available within the Administrator Account.
Following the above, the Participant acknowledges explicitly that by entering into this agreement with b.fine, the Participant acknowledges to have read and accept the data processing agreement in its entirety.
The Participant agrees that, unless otherwise specifically provided herein or agreed by b.fine in writing, the Beta Software and, if any, the Documentation, provided to the Participant by b.fine constitute confidential proprietary information of b.fine. The Participant shall permit only authorized users, who possess rightfully obtained access, to use the Beta version of the Platform or to view, if any, the Documentation. The Participant agrees not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of b.fine The Participant agrees to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Beta version of the Platform provided to the Participant by b.fine. The Participant will use its best efforts to cooperate with and assist b.fine in identifying and preventing any unauthorized use, copying, or disclosure of the Beta Software, if any, Documentation, or any portion thereof.
Each Participant is obliged to treat his Participant Data confidential as well as to ensure that each third party, to whom he grants access to a User Account, is bound by the same confidentiality obligations.
The Participant must be aware that when he provides the login credentials to a third party, this leads to granting this third party full access to his Administrator Account and User Account, logins and Participant Data.
All information (including but not limited to all information of financial, commercial, legal, fiscal, social, technical and organizational nature, business and trade secrets, business partner, Participant and supplier data, employee data, personal data, programs, source codes, computer programs, computer code, modules, scripts, algorithms, features and modes of operation, inventions (whether or not patentable), processes, schematics, testing procedures, software design and architecture, design and function specifications) exchanged between parties prior to entering into an agreement as well as during the agreement shall be considered confidential and be treated by each party with the utmost secrecy and thus more specifically the recipient shall:
- Solely use the confidential information for its own account and under the utmost secrecy;
- Not use, reproduce, or allocate the confidential information in any manner or for any other purpose than the (possible) cooperation between parties;
- Not engage in, nor authorize others to engage in, the reverse engineering, disassembly or the decompilation of any of the confidential information;
- Not derive any commercial benefit from the confidential information;
- Not divulge, disclose or make the confidential information, of which it has knowledge, available to any third party, without the express written consent of the disclosing party;
- Disclose such confidential Information only to those employees who need to know such information within the framework of the (possible) cooperation between parties, and the recipient certifies and warrants that these employees have previously agreed, as a condition to employment, to be bound by terms and conditions substantially similar to provisions applicable to the recipient under these terms of service.
The obligations, as determined in the previous paragraph, are not applicable to the following information:
- Information, which is publicly available, publicly spread and/or known by the general public at the time of its communication;
- Information which is obtained in a lawful manner by the recipient on a non-confidential basis from any party other than the disclosing party, whereby such third party is at its turn not bound by any confidentiality agreement with the disclosing party;
- Information which disclosure/announcement is required by law or by a court or other government decision (of any kind). In such case the recipient shall, prior to any disclosure/announcement discuss the scope and manner of such disclosure/announcement with the disclosing party.
This confidentiality obligation applies during the course of the cooperation between parties and will continue to exist for a period of five (5) years starting from the termination of the cooperation for any reason whatsoever.
The disclosing party shall remain at any moment the sole owner of its confidential information. Except as expressly set forth herein, nothing in these terms of service or the relationship between parties shall grant to the recipient any rights to or interest in the confidential information, and no implied licenses are granted by these terms of service.
This confidentiality obligation shall, however, in no event imply that b.fine shall not be entitled to use and/or commercialize any ideas, input, feedback received from the Participant, which may serve to improve the Platform.
Without prejudice to the foregoing, Participant acknowledges that in the event a non-disclosure agreement is signed between parties, such non-disclosure agreement shall prevail.
14. Support / Helpdesk
b.fine is under no obligation i) to provide any technical support under the terms of the beta version, ii) to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the beta version either to the Participant or to any other party, and iii) provides no assurance that any specific errors or discrepancies in the Beta version will be corrected.
In the event the Participant is in need of assistance or has an enquiry, suggestion, or feedback with respect to the beta version, the Participant is advised to first consult the Help page in the beta version of the Platform.
If the information provided on the Platform’s help page does not provide the required assistance, the Participant may communicate the problem to b.fine by:
- Reporting an incident in the Platform’s Beta version
- Making use of the chat functionality in the Platform’s Beta version
15. Feedback on the beta release
It is expressly understood, acknowledged and agreed that the Participant shall, regardless of whether or not formally requested to do, test the Platform and provide to b.fine reasonable suggestions, comments and feedback regarding the beta version, including but not limited to usability, bug reports and test results (collectively, “Feedback”). If Participant provides such Feedback to b.fine, he or she shall grant b.fine the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:
- to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of the Feedback as part of any b.fine’s product, technology, service, specification or other documentation (individually and collectively, ” b.fine Products”);
- to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any b.fine Product;
- solely with respect to the Participant’s copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and
- to sublicense to third parties any claims of any patents owned or licensable by The Participant that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a b.fine product, technology or service.
Should the Participant encounter any bugs, glitches, lack of functionality or other problems on the beta version, he/she can report it via the Platform, so it can be rectified accordingly. The Participant can submit its requests and issues as mentioned in chapter 14 (creating an incident in the beta release beta version of the Platform or use the chat functionality). The Participant’s help in this regard is greatly appreciated.
16. Availability, Maintenance and Updates
In the event of problems with the availability of its Services, b.fine undertakes its best effort to solve such issue as soon as reasonably possible without giving any guarantee. In any case and where appropriate, b.fine shall be free to determine on what is to be considered an adequate solution to the Participant.
b.fine undertakes actions to minimize the impact of maintenance activities and updates on the availability of the Beta version of the Platform and Services but does not exclude any downtime in this respect. In any case b.fine undertakes its best effort to inform the Participant thereof in due time, unless this is impossible or not useful.
The above gives no grounds for compensation by b.fine.
17. b.fine Communication
At all times, the Participant will be able to unsubscribe from b.fine’s Communication. Since the Communication is considered to form an integral part of the Services, the Participant can in no event hold b.fine liable for changes of whatever nature of which the Participant would normally have been informed through the Communication if he had not chosen to unsubscribe.
18. Changes of Services
b.fine has the right to change at any time the offer and composition of its Services, including the Platform , its beta version and/or its features. In such event, b.fine will inform the Participant thereof within a reasonable term prior to such change through (i) a notification on the Website, the Platform and/or (ii) the b.fine Communication.
19. Force Majeure / Hardship
b.fine is not liable for any failure to meet its obligations if this failure is due to force majeure or hardship.
Usual events of force majeure or hardship include: all circumstances that at the time of the conclusion of the agreement were reasonably unforeseeable and unavoidable, and which prevent b.fine from performing the agreement, or which would make the performance of the agreement more difficult, financially or otherwise, than would normally be the case (including but not limited to war, natural disasters, fire, seizure, delays with or bankruptcy of third parties engaged by b.fine, shortage of staff, strikes, organizational circumstances and threat or acts of terrorism).
The aforementioned situations entitle b.fine to review and/or suspend the agreement by simple written notice to the Participant, without being liable to pay compensation. If the situation of force majeure and/or hardship lasts longer than 2 months, b.fine will be entitled to terminate the agreement (cfr. Article 10).
20. Applicable law & jurisdiction
All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this agreement shall be governed by and construed in accordance with the Belgian law.
Any dispute concerning the validity, interpretation, enforcement, performance or termination of this agreement shall be submitted to the exclusive jurisdiction of the courts where b.fine has its registered office.
Unless expressly agreed otherwise, the Participant acknowledges that the language of these conditions will also be the working language in all commercial transactions with b.fine.
The original language of these conditions is English. Translations or documents drawn up in a different language will at all times be regarded as a bonus for the Participant. In the event of any conflict, the English version will always prevail.