Algemene voorwaarden

Looppiness salonsoftware B.V. Chamber of Commerce registration number: 95210121 Email: hello@looppiness.com Telephone: +31 (0)85 00 44 348

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Article 1. Definitions

In these general terms and conditions, the following definitions apply:

1.1. Looppiness: Looppiness salonsoftware B.V., registered with the Dutch Chamber of Commerce under number 95210121, the party issuing these general terms and conditions.

1.2. Users: Persons, including but not limited to Subscribers, employees of Subscribers, clients of Subscribers, persons registering as potential hired workers and/or Partners, who have an account and use the services of Looppiness salonsoftware B.V. and who are therefore subject to these general terms and conditions.

1.3. Subscriber: A natural person or legal entity acting in the course of a profession or business who has entered into a Subscription Agreement with Looppiness salonsoftware B.V.

1.4. Partner: Businesses that place free advertisements for training courses, products and events through the Looppiness salonsoftware B.V. platform.

1.5. Subscription: A subscription to the online assistance services provided by Looppiness salonsoftware B.V., for which the Subscriber registers through the Website and enters into a Subscription Agreement with Looppiness salonsoftware B.V.

1.6. Subscription Agreement: The agreement between the Subscriber and Looppiness salonsoftware B.V., established through registration, activation, ordering or use of a subscription to the services of Looppiness salonsoftware B.V., to which these general terms and conditions apply.

1.7. Content: All information or material, including text, photographs and videos, created for publication on websites, social media channels or other online or offline media.

1.8. Platform: The restricted section of the website, separate from the public website of Looppiness salonsoftware B.V., accessible only to Users with an account and through which the software, content, services and tools provided by Looppiness salonsoftware B.V. can be used.

1.9. Website: The website and application at www.looppiness.com, including the User's account, data and profile.

1.10. Account: Personal access to the Looppiness salonsoftware B.V. Platform, including the username, password and any additional access or verification methods that allow the User, employees of the Subscriber or other persons authorised by the Subscriber to access all or part of the software, website, application and services.

1.11. Written: Where these general terms and conditions refer to communication "in writing", this also includes electronic communication such as email, provided that the sender's identity and the authenticity of the communication can be sufficiently established.

Article 2. General provisions

2.1. These general terms and conditions apply to all offers, quotations, agreements and other legal relationships between Looppiness salonsoftware B.V. and the User, including but not limited to the use of the Looppiness salonsoftware B.V. Platform.

2.2. Looppiness salonsoftware B.V. reserves the right to amend or supplement these general terms and conditions. Changes will be communicated to the User in a timely manner. The most recent version is available at all times on the Looppiness salonsoftware B.V. website.

2.3. Any general terms and conditions of the User are expressly rejected.

2.4. These terms and conditions also apply when third parties are involved in the performance of the Subscription Agreement.

2.5. Deviations from these general terms and conditions are permitted only if agreed upon in writing by both parties.

2.6. Looppiness salonsoftware B.V. provides its services exclusively to business Users acting in the course of their profession or business.

Article 3. User registration

3.1. To create an account, the User must register through the Looppiness salonsoftware B.V. website.

3.2. The User must complete the registration form truthfully and provide all relevant information to Looppiness salonsoftware B.V.

3.3. Looppiness salonsoftware B.V. reserves the right to refuse any registration for any reason.

Article 4. Use of Looppiness salonsoftware B.V.

4.1. To use the services of Looppiness salonsoftware B.V., the User must have a valid email address. This email address is used to activate the User's account and to communicate with the User. If Looppiness salonsoftware B.V. discovers that an email address is inactive, that email address may be temporarily blocked.

4.2. The User is responsible for all activities carried out through the services and website of Looppiness salonsoftware B.V.

4.3. The User must have an email address, internet connection, web browser and suitable equipment to use Looppiness salonsoftware B.V.

4.4. Looppiness salonsoftware B.V. may perform maintenance, modifications or improvements to the website, services or restricted environment, which may result in temporary unavailability. Looppiness salonsoftware B.V. is not required to provide advance notice.

4.5. Looppiness salonsoftware B.V. expressly provides no guarantees regarding the duration of any downtime caused by maintenance or updates, or the consequences thereof. Looppiness salonsoftware B.V. will make reasonable efforts to minimise downtime.

4.6. Looppiness salonsoftware B.V. cannot guarantee uninterrupted or unrestricted use of or access to its services, website or restricted environment.

4.7. Users must refrain from using the services, software, website or Platform in any way that:

• Violates applicable laws or regulations;
• May cause harm to Looppiness salonsoftware B.V. or third parties;
• May disrupt the operation, security or availability of the Platform.

4.8. Users may not publish advertisements, comments or other Content that violate the rules of Looppiness salonsoftware B.V., applicable laws or, in the opinion of Looppiness salonsoftware B.V., are otherwise inappropriate, including Content that:

• Is discriminatory based on appearance, race, religion, gender, culture, origin or otherwise offensive;
• Encourages violence or harassment;
• Involves or results from exploitation or abuse;
• Violates public decency or good taste, contains violent material or includes links to pornographic material or websites;
• Promotes or involves illegal activities;
• Contains chain letters, junk mail or spam, or requests passwords or personally identifiable information for commercial or unlawful purposes;
• Is otherwise considered inappropriate or incorrect by Looppiness salonsoftware B.V.

4.9. If a User violates these general terms and conditions, acts unlawfully or causes damage to Looppiness salonsoftware B.V., Looppiness salonsoftware B.V. may deny the User access to their account and services without being liable for compensation.

4.10. Looppiness salonsoftware B.V. handles personal data with care. Further information is available in its privacy policy.

Article 5. Partners

5.1. Users registered as Partners may place advertisements on the Looppiness salonsoftware B.V. Platform.

5.2. Advertisements may be rejected without explanation if they do not comply with the applicable rules or do not align with the values and objectives of Looppiness salonsoftware B.V.

5.3. When requesting an advertisement, the Partner may specify how long it should remain online. The advertisement will be published for the requested period unless new information makes it irrelevant or another reason makes continued publication unacceptable to Looppiness salonsoftware B.V.

5.4. Third parties may respond to advertisements. These responses will be forwarded directly to the Partner. Looppiness salonsoftware B.V. is not a party to such communication or to any agreement resulting from it.

5.5. Looppiness salonsoftware B.V. reviews Partner activity every six months. Inactive Partners will receive a reminder. If no response is received, Looppiness salonsoftware B.V. may close the Partner's account.

5.6. If a Partner ceases operations or no longer wishes to use their account before the agreed year has ended, the account may be deleted.

Article 6. Human resources

6.1. If a User registers on the Platform as a potential hired worker, their profile may be published on the Looppiness salonsoftware B.V. Platform.

6.2. Subscribers may respond to such profiles. Responses will be forwarded directly to the potential hired worker. Looppiness salonsoftware B.V. is not a party to such communication or to any agreement resulting from it.

Article 7. Subscription registration

7.1. Looppiness salonsoftware B.V. makes a non-binding Subscription offer through its website by publishing available packages and their corresponding prices.

7.2. All prices are exclusive of VAT unless otherwise agreed.

7.3. The agreement is established and takes effect when the Subscriber accepts the offer made by Looppiness salonsoftware B.V. and registers as a Subscriber.

7.4. Looppiness may offer Users a temporary trial period.

A trial account is non-binding and provides temporary access to all or part of the software and services of Looppiness salonsoftware B.V. Certain features may be restricted during the trial period.

A paid subscription is established only after the Subscriber has explicitly agreed to it.

After the trial period ends, Looppiness may close the trial account and delete its data.

Article 8. Subscription

8.1. Following registration, the Subscriber's registration and these general terms and conditions together constitute the Subscription Agreement between the parties. The Subscription Agreement may subsequently be amended only with the written consent of both parties.

8.2. Once registered, the Subscriber may create the number of accounts included in the agreed package. A separate account must be created for each individual using the services of Looppiness salonsoftware B.V. on behalf of the Subscriber.

8.3. If it is established that the Subscriber allows more individuals to use the services than permitted under the agreed package, or uses services outside that package, Looppiness salonsoftware B.V. will notify the Subscriber.

In such cases, the Subscription will be adjusted to the appropriate package. The Subscriber must pay the applicable difference retroactively.

If the Subscriber refuses to pay the correct amount, access to the Platform may be denied. No refunds will be issued for amounts already paid.

8.4. If the Subscriber chooses a monthly subscription, the Subscription is entered into for a minimum period of one month, starting from the moment the Subscriber receives the password required to access the account. The monthly subscription cannot be terminated during this initial period.

8.5. After the first month, the Subscription continues for an indefinite period and is renewed monthly. Following the initial month, the Subscription may be terminated with one month's notice.

8.6. If the Subscriber chooses an annual subscription, the Subscription is entered into for a minimum period of one year, starting from the moment the Subscriber receives the password required to access the account.

The annual subscription cannot be terminated during this initial period.

After the first year, the Subscription automatically renews for successive one-year periods unless terminated in writing in accordance with Article 8.7.

8.7. After the first year, the Subscriber may terminate the annual subscription, provided that notice of termination is received no later than one month before the start of the next subscription period.

8.8. If an employee no longer works for the Subscriber, Looppiness salonsoftware B.V. may disconnect the employee's account.

The Subscriber must notify Looppiness salonsoftware B.V. as soon as possible when an account needs to be disconnected.

The Subscriber indemnifies Looppiness salonsoftware B.V. against any damage resulting from failure to disconnect an account in a timely manner.

8.9. Upon expiry of the Subscription Agreement, the Subscriber's accounts will be closed. The Subscriber will no longer have access to the services or Platform of Looppiness salonsoftware B.V.

8.10. If the Subscriber's business ceases operations or the Subscriber no longer wishes to use the accounts before the agreed subscription period ends, the accounts may be deleted. No refunds will be issued for amounts already paid.

8.11. Looppiness salonsoftware B.V. does not provide any additional guarantees regarding the achievement of results or objectives intended by the Subscriber through the use of its services.

Results depend, among other things, on implementation and market developments.

8.12. The Subscriber is responsible for regularly backing up the calendar and data entered into the Looppiness salonsoftware B.V. software to prevent data loss.

Looppiness salonsoftware B.V. is not liable for the loss of such files or data.

8.13. Each User must, in principle, use their own account. The Subscriber is responsible for managing accounts and access permissions within their organisation.

8.14. The Subscriber must handle accounts and login credentials carefully.

Access to the Platform may only be shared with employees or third parties performing work on behalf of the Subscriber, such as administrators or accountants.

8.15. Looppiness salonsoftware B.V. creates technical backups for security and business continuity purposes.

The Subscriber remains responsible for their own exports and additional backups of important data.

8.16. Following termination of the Subscription, the Subscriber will retain the ability to export or download data for a period of 30 days, unless otherwise agreed.

Looppiness salonsoftware B.V. may retain data for as long as necessary for:

• Legal retention obligations;
• Administrative purposes;
• Disputes or fraud prevention;
• Security and continuity of services.

Data will be deleted in accordance with statutory retention periods and the privacy policy of Looppiness salonsoftware B.V.

Article 8A. Chair rental, multi-location management and shared use

8A.1. If the Subscriber uses chair rental arrangements, multiple locations, branches or multiple independent Users within one business, the Subscriber remains responsible for managing accounts, access permissions and data within the Looppiness salonsoftware B.V. Platform.

8A.2. The Subscriber is responsible for correctly configuring and managing permissions and access restrictions for employees, chair renters, administrators, branch managers and other Users.

8A.3. Looppiness salonsoftware B.V. is not liable for damage, unauthorised access to data, data loss or errors resulting from:

• Incorrectly configured permissions;
• Shared access;
• Improper use of accounts;
• Data exchange between locations or Users within the Subscriber's business.

8A.4. Each User within a chair rental or multi-location structure remains responsible for their own use of the Platform and compliance with applicable laws and regulations.

Article 9. Subscription fees

9.1. The Subscription fee will be communicated to the Subscriber in advance.

The parties agree whether payment will be made monthly or annually.

Fees are payable in advance on a monthly or annual basis and must be paid by direct debit.

9.2. Unless otherwise agreed, the monthly fee will be collected before the start of each new monthly or annual subscription period.

9.3. Looppiness salonsoftware B.V. will clearly indicate that the direct debit payment relates to Looppiness salonsoftware B.V.

9.4. The payment obligation remains in effect even if the Subscriber has not used or no longer wishes to use the services or activities of Looppiness salonsoftware B.V.

In such cases, the Subscriber is not entitled to a discount or refund.

9.5. If payment is not received on time, Looppiness salonsoftware B.V. may terminate the agreement or suspend access to its services and accounts until full payment has been received.

The Subscriber will first be notified in writing.

9.6. If the Looppiness salonsoftware B.V. system is unavailable to the Subscriber for more than 24 hours and the Subscriber is therefore unable to use the system, the Subscriber is entitled to a proportional refund for the day or days during which the website and services were unavailable.

The Subscriber is expressly not entitled to any additional compensation or refund.

Article 9A. Online payments and payment providers

9A.1. Looppiness salonsoftware B.V. may offer online payment functionality through external payment providers, including Viva.com.

9A.2. Additional terms and conditions of the relevant payment provider may apply to the use of payment functionality.

9A.3. Transaction processing, verification, payouts and checks are handled by the payment provider.

9A.4. Looppiness salonsoftware B.V. does not hold or manage third-party funds belonging to Subscribers or their clients.

9A.5. Looppiness salonsoftware B.V. is not liable for:

• Outages affecting payment providers;
• Delayed payouts;
• Declined transactions;
• Technical errors outside the systems of Looppiness salonsoftware B.V.

9A.6. The Subscriber remains responsible for correctly providing and keeping up to date:

• Business information;
• Bank account details;
• Verification information;
• Other information required for payment processing.

9A.7. Chargebacks, reversals, fraud-related charges and other costs imposed by payment providers may be passed on to the Subscriber.

Article 10. Intellectual property

10.1. A User may not provide Looppiness salonsoftware B.V. with any work for which the User does not own the rights or hold a suitable licence permitting the intended use and, where applicable, the granting of a sublicence to Looppiness salonsoftware B.V.

10.2. Where a User makes works available to Looppiness salonsoftware B.V., the contracting party must ensure that an appropriate licence is in place for the use of those works by Looppiness salonsoftware B.V.

10.3. Any work made available to Looppiness salonsoftware B.V. must include appropriate attribution to the original creator and, where possible, a reference to the source.

10.4. Any damage suffered by Looppiness salonsoftware B.V. due to the absence of a suitable licence may be recovered from the User or the party that made the work available.

10.5. Looppiness salonsoftware B.V. receives a licence or sublicence from the User for an indefinite period to use these works on its website and in other communications or publications by or on behalf of Looppiness salonsoftware B.V.

10.6. Works for which the copyright or other intellectual property rights belong to Looppiness salonsoftware B.V. may not be reproduced or published without prior written permission.

10.7. Without prior written permission from Looppiness salonsoftware B.V., the User may not:

• Copy the software or any part of it;
• Circumvent security measures;
• Perform reverse engineering;
• Collect data through automated means;
• Misuse integrations, APIs or systems of Looppiness salonsoftware B.V.;
• Perform activities that may disrupt the operation or security of the Platform.

Article 11. Privacy

11.1. When the services of Looppiness salonsoftware B.V. are used, Looppiness salonsoftware B.V. processes personal data.

Looppiness salonsoftware B.V. handles personal data carefully and in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).

Further information is provided in the privacy policy of Looppiness salonsoftware B.V.

11.2. To the extent that Looppiness salonsoftware B.V. processes personal data on behalf of the Subscriber, Looppiness salonsoftware B.V. acts as a data processor within the meaning of the GDPR.

11.3. The data processing agreement of Looppiness salonsoftware B.V. forms an integral part of the services and is deemed to have been accepted when the Subscriber uses the services of Looppiness salonsoftware B.V.

Article 12. Liability

12.1. Looppiness salonsoftware B.V. may only be held liable where liability arises from a legally or contractually attributable failure to perform its obligations.

12.2. Looppiness salonsoftware B.V. is not liable for damage of any kind resulting from incorrect or incomplete information provided by or on behalf of the User.

12.3. Looppiness salonsoftware B.V. is not liable for deficiencies in its services resulting from inadequate information provided by the User.

12.4. Looppiness salonsoftware B.V. is not liable for damage resulting from the temporary unavailability of, or restricted access to, the restricted environment or other Looppiness services.

12.5. Looppiness is not liable for purchases made by a User from third parties, even if the User was referred to that third party through a link on the website or within the restricted environment of Looppiness.

12.6. Looppiness is never liable for indirect damage, including disruption to the normal course of business of the User, loss of profits, lost savings or consequential damage, regardless of how such damage relates to or results from the performance of Looppiness's activities.

12.7. Looppiness always has the right, where possible, to remedy or limit damage suffered by a User.

12.8. The total liability of Looppiness salonsoftware B.V. is in all cases limited to the total amount of subscription fees paid by the Subscriber to Looppiness salonsoftware B.V. during the twelve (12) months preceding the event giving rise to the damage.

12.9. The limitations of liability set out in these terms and conditions do not apply where the damage results from intentional misconduct or gross negligence on the part of Looppiness.

Article 13. Complaints

13.1. Complaints regarding the services of Looppiness and/or objections to an invoice must be reported to Looppiness as soon as possible after the complaint arises.

13.2. Looppiness will make reasonable efforts to reach the best possible solution with the User.

13.3. Submitted complaints or objections do not suspend the activities or obligations of Looppiness.

Article 14. Miscellaneous

14.1. Looppiness may amend or supplement these general terms and conditions.

14.2. Changes will be communicated to the User in writing and in a timely manner.

14.3. If any provision of the agreement and/or these general terms and conditions is found to be null, void or voidable, the remaining provisions and the agreement will remain in force.

14.4. All legal relationships between Looppiness and the User are governed by Dutch law.

14.5. Disputes will be submitted to the competent court in the district of Oost-Brabant, location Eindhoven, the Netherlands.