{"id":3875,"date":"2025-03-24T17:11:50","date_gmt":"2025-03-24T16:11:50","guid":{"rendered":"https:\/\/polpo.com\/?page_id=3875"},"modified":"2026-03-02T15:37:52","modified_gmt":"2026-03-02T14:37:52","slug":"end_user_license_agreement","status":"publish","type":"page","link":"https:\/\/polpo.com\/nl\/end_user_license_agreement\/","title":{"rendered":"End User License Agreement"},"content":{"rendered":"
<\/div>

End User License Agreement<\/h1>\n<\/div><\/div>
<\/div>

This statement is last updated in February 2026<\/span><\/i><\/p>\n

    \n
  1. DEFINITIONS<\/strong>
    \nIn this EULA, certain terms are capitalized. These terms, whether used in singular or plural form, are defined as outlined in the overview below.<\/li>\n<\/ol>\n
      \n
    • \u201cAgreement\u201d means these any other terms referenced in this document;<\/li>\n
    • \u201cAffiliate\u201c means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a Party, where \u201cControl\u201d means control of greater than 50 % of the voting rights or equity interests of a Party;<\/li>\n
    • \u201cClaim\u201d means a claim, action, or legal proceeding filed against a Party;<\/li>\n
    • \u201cCustomer\u201d means the entity identified in the License Order as \u201cCustomer\u201d or otherwise identified in the License Order as the end user; For the avoidance of doubt, if a Customer Affiliate places a License Order under this Agreement, such Affiliate shall be deemed as \u201cCustomer\u201d for the purpose of that License Order;<\/li>\n
    • \u201cCustomer Data\u201d means any information that is imported by or on behalf of Customer into the Polpo \u201cPolpo Software Product\u201d Platform from its internal data stores or other sources not supplied by Polpo and includes any data of any Client;<\/li>\n
    • \u201cClient\u201d means any client of the Customer or of a Customer Affiliate to which Client Services are delivered by the Customer;<\/li>\n
    • \u201cClient Services\u201d means facilities management, service bureau, outsourcing, general consulting, software product development, installation, implementation, maintenance or any other data processing or related services provided by Customer to a Client pursuant to an Outsourcing Agreement, which services may involve use of the Polpo \u201cPolpo Software Product\u201d Platform by Customer for the processing of such Client\u2019s data;<\/li>\n
    • Data Regulation<\/strong>: Regulation (EU) 2023\/2854.<\/li>\n
    • Deletion Request<\/strong>: the deletion of the Relevant Data.<\/li>\n
    • \u201cDevelopment Outputs\u201d means any search lists, search results, artifacts, \u00a0newsletters, notes or diagrams created by the Customer using Polpo \u201cPolpo Software Product\u201d Platform, and the definition shall be construed to include any Customer Data;<\/li>\n
    • Digital Asset<\/strong>: elements in digital form, including applications, in respect of which the Costumer holds a right of use, irrespective of the contractual relationship with the data processing service that the Costumer intends to leave in order to switch.<\/li>\n
    • Excluded Data<\/strong>: the categories of data that are excluded due to the risk of infringement of trade secrets.<\/li>\n
    • Exportable Data<\/strong>: the input and output data, including metadata, that are directly or indirectly generated, or jointly generated, through the Costumer\u2019s use of the data processing service, excluding assets or data that are protected by intellectual property rights or that constitute trade secrets of providers of data processing services or third parties.<\/li>\n
    • \u201cImprovements\u201c means all versions, updates, corrections, improvements, developments, modifications, enhancements, variations, derivative works, scripts, customizations, adaptations or extensions of feature sets of any of the Polpo \u201cPolpo Software Product\u201d Platform components, created or acquired by Polpo;<\/li>\n
    • \u201cIntellectual Property Rights\u201c means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in computer software, and any other intellectual property rights or rights of a similar nature;<\/li>\n
    • \u201cLicense Fee(s)\u201d means the fees payable by Customer for the Polpo \u201cPolpo Software Product\u201d Platform components, as set in the applicable License Order document or another document signed by the Parties;<\/li>\n
    • \u201cLicense Order\u201d means the order form or other written document for the Polpo \u201cPolpo Software Product\u201d Platform or related services that is either (a) executed between Polpo and Customer or (b) the document executed between an Polpo Partner and Customer, substantially in the form provided by Polpo;<\/li>\n
    • \u201cLicense Term\u201d means the duration of the license for Polpo \u201cPolpo Software Product\u201d Platform (or for the provision of Professional Services), as specified in the License Order, or any shorter term as an effect of the termination of the Agreement;<\/li>\n
    • \u201cMaintenance\u201d means:<\/li>\n<\/ul>\n

      (i) preventive improvement and\/or repair of the Polpo Software Product Platform, so that the Customer can continue using the Polpo Software Product Platform as much as possible according to the agreement;
      \nii. identifying and fixing Incidents in the Polpo Software Product Platform (after a notification from the Customer; and:
      \niii. making updates available.<\/p>\n

        \n
      • Output<\/strong>: data that are continuously or otherwise generated by the AI application, regardless of their form, including in any event predictions, content, recommendations or (automated) decisions.<\/li>\n
      • \u201cOutsourcing Agreement\u201d means an agreement between a Client and Customer or Customer Affiliate for the delivery of Client Services;<\/li>\n
      • \u201cParty\u201d means Polpo or the Customer;<\/li>\n
      • \u201cProfessional Services\u201d means any consulting, training, implementation, or technical services provided by Polpo, directly or through subcontractors, to a Customer;<\/li>\n
      • \u201cPolpo\u201c means: Polpo B.V., with its headquarters at Herengracht 449A, 1013 BR, Amsterdam, The Netherlands;<\/li>\n
      • \u201cPolpo Partner\u201d means an entity with which Polpo has a valid partner contract in place for promoting or reselling and distributing the Polpo \u201cPolpo Software Product\u201d Platform or for placing and processing orders from end users;<\/li>\n
      • \u201cPolpo \u201cPolpo Software Product\u201d Platform\u201d means the suite of software components licensed to Customer (including Manuals) with all Improvements.<\/li>\n
      • Quotation: a formal statement or document provided by a Polpo that outlines the estimated price for the services to be provided.<\/li>\n
      • Relevant Data<\/strong>: the categories of data that may be transferred during the switching process.<\/li>\n
      • Switching (Request)<\/strong>: switching to another provider of Data Processing Services or switching to an on-premises ICT infrastructure.<\/li>\n<\/ul>\n

         <\/p>\n

          \n
        1. QUOTATION<\/strong>
          \n2.1.\u00a0\u00a0\u00a0 Quotation. A Quotation or other proposal by Polpo is non-binding and valid for a period of thirty (30) days, unless otherwise specified in the Quotation or proposal or otherwise indicated by the nature of the proposal. Polpo is not obligated to accept an acceptance made after the expiration of this period. However, if Polpo chooses to do so, the Quotation or proposal will still be considered accepted.<\/li>\n<\/ol>\n

          2.2.\u00a0\u00a0\u00a0 Approval of Quotation. Approval of a Quotation must be confirmed to Polpo in writing.<\/p>\n

          2.3.\u00a0\u00a0\u00a0 Content Quotation. Quotations are based on the information provided in writing by the Customer in advance. The Customer is responsible for the accuracy of this information. Polpo is not bound to a Quotation that has been based on false information provided by Customer.<\/p>\n

           <\/p>\n

            \n
          1. LICENSES AND ORDERING PROCESS<\/strong>
            \n3.1.\u00a0\u00a0\u00a0 License. Polpo grants to the Customer a limited, non-exclusive right to use the components of the Polpo \u201cPolpo Software Product\u201d Platform specified in the License Order during the License Term in accordance with Polpo Licensing Models and Manuals as published by Polpo from time to time. Customer retains all rights, including Intellectual Property Rights, in the Development Outputs created by the Customer with the Polpo \u201cPolpo Software Product\u201d Platform, in accordance with this Agreement.<\/li>\n<\/ol>\n

            3.2.\u00a0\u00a0\u00a0 Trademarks. Customer is not permitted to remove or modify any indications of copyrights, trademarks, trade names, or other intellectual property rights from the Polpo \u201cPolpo Software Product\u201d Platform, including indications of confidentiality and non-disclosure.<\/p>\n

            3.3.\u00a0\u00a0\u00a0 License Order. All License Orders or purchase orders will be placed with Polpo.<\/p>\n

            3.4.\u00a0\u00a0\u00a0 Ordering Process. All License Orders or purchase orders with Polpo during the term of this Agreement will be deemed to be subject to the provisions of this Agreement, irrespective if a reference to this Agreement is made within the License Order or purchase order or not.<\/p>\n

            3.5.\u00a0\u00a0\u00a0 License Term. The License Term commences on the date Polpo delivers the License (\u201cEffective Date\u201d) and is valid for the term indicated in the License Order. The expiration date of each License Term, as well as the terms regarding the applicable pricing and quantity, including the selected Licensing Model, will be included on each invoice and License Order.<\/p>\n

            3.6.\u00a0\u00a0\u00a0 Orders by Customer Affiliates. Customer Affiliates can place orders separately for the Polpo \u201cPolpo Software Product\u201d Platform by explicitly referencing this Agreement in the License Order. The Customer Affiliates will be deemed to have accepted the terms herein and any reference to \u201cCustomer\u201d shall be deemed as a reference to the Customer Affiliates.<\/p>\n

            3.7.\u00a0\u00a0\u00a0 Evaluation License. Polpo can, on request by a customer or Polpo Partner, provide for a fixed period an evaluation license to the Polpo \u201cPolpo Software Product\u201d Platform to customer. The Polpo \u201cPolpo Software Product\u201d Platform may be used for evaluation purposes subject to the terms as stipulated in this agreement. Polpo is entitled to, at any given moment, retract the non-exclusive evaluation right to use the components of the Polpo \u201cPolpo Software Product\u201d Platform.<\/p>\n

             <\/p>\n

              \n
            1. THIRD-PARTY ACCESS<\/strong>
              \n4.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Outsourcing. Customer may allow its Affiliates, and third-party contractors to operate or access the Polpo \u201cPolpo Software Product\u201d Platform solely on Customer\u2019s behalf, but only for Customer\u2019s direct business purposes. At Polpo\u2019s request, Customer will provide a list of the entities having access to the Polpo \u201cPolpo Software Product\u201d Platform in accordance with this provision.<\/li>\n<\/ol>\n

              4.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Customer Responsibility. If Customer allows any person or entity to operate, use or access the Polpo \u201cPolpo Software Product\u201d Platform, Customer is responsible for ensuring that such person or entity complies with the terms of this Agreement and will be liable towards Polpo as if the actions of that other person or entity would have been its own.<\/p>\n

              4.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Use for Client Services. Subject to the content of this EULA, Customer may use the Polpo \u201cPolpo Software Product\u201d Platform in connection with Client Services when an \u201cAdvisor\u201d license is obtained. Clients of Customer may have access to the Polpo \u201cPolpo Software Product\u201d Platform to the extent that such access is substantially related to the Client Services. Customer is not allowed to permit, and is responsible of ensuring that, Clients of Customer or their Affiliates will not use or access Polpo \u201cPolpo Software Product\u201d Platform used by the Customer for Client Services under the terms of this Agreement, to operate in a service bureau, managed service provider or commercial hosting services environment, combining or incorporating it with other software (including cloud based) to provide services to third parties unless clearly defined in the obtained license.<\/p>\n

              4.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 No Additional Rights. For clarity, the rights granted under this section \u201cThird-Party Access\u201d do not modify the license permissions or increase the number of licenses granted under this Agreement and are always subject to the number of license actually acquired and the licensing models of the Polpo \u201cPolpo Software Product\u201d Platform components, as provided under the Support Terms section.<\/p>\n

               <\/p>\n

                \n
              1. SUPPORT & SLA TERMS<\/strong>
                \n5.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Support Services. Support services are provided and regularly updated for the Polpo \u201cPolpo Software Product\u201d Platform, in accordance with the support terms in article 4 of the agreement. Support Services are included in the License Fee.<\/li>\n<\/ol>\n

                5.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Standard Support & Release SLA. The Standard support & Release SLA of Polpo applies to the software. The licensee will gain full access to the helpdesk & support facilities provided by Polpo, and Polpo will do everything in the SLA to make the software optimal and error-free.<\/p>\n

                5.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Uptime. Polpo will strive to make the Polpo \u201cPolpo Software Product\u201d Platform available 24\/7 but is not providing any guarantee above 99% uptime. Maintenance windows are not included in this percentage and will be deemed as expected downtime. Uptime percentage is calculated as follows: Uptime \/ (Year minus maintenance time). For the sake of an example: (525.600 minutes (365 days x 24 hrs x 60 minutes) minus 3.600 minutes (12 times p\/y 5 hours x 60 minutes))\u00a0 x 99% = 516.780 hours uptime on a yearly basis. No rights can be exercised based on this example.<\/p>\n

                5.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Maintenance. Polpo is entitled to temporarily disable the Polpo \u201cPolpo Software Product\u201d Platform for maintenance purposes. Polpo will strive to do this outside of office hours (08:00 \u2013 17:00 Amsterdam Time). When Polpo expects a downtime of more than one (1) hour, Polpo will notify customers in advance. In case of an emergency fix, Polpo can forego on the advanced notice.<\/p>\n

                5.5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Certified Remote Support & Advice. Maintenance to the Polpo Software Product Platform includes certified remote support and maintenance advice.<\/p>\n

                5.6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Remote Support. Support is delivered remotely via the Polpo support team, and includes:<\/p>\n

                  \n
                • General usage and installation questions;<\/li>\n
                • Product compatibility and interoperability questions;<\/li>\n
                • Interpretation of product documentation;<\/li>\n
                • Review of diagnostic information to help isolate the cause of a problem;<\/li>\n
                • Basic configuration assistance and samples understanding;<\/li>\n
                • Polpo will make available to you defect corrections, if any, that it develops;<\/li>\n
                • There is no limit to the number of technical support incidents that can be reported through remote assistance, however incidents must be relevant to the below list.<\/li>\n
                • Regarding requesting features and hot fixes, Polpo has the following guidelines:<\/li>\n<\/ul>\n

                  Feature = product enhancement request<\/p>\n

                    \n
                  • It will go into the Polpo feature backlog<\/li>\n
                  • It is purely at Company\u2019s discretion when, if ever, the feature request will be worked on and released<\/li>\n<\/ul>\n

                    Hot fix = critical fix of a defect<\/p>\n

                      \n
                    • Polpo will release to all Customers a version with the defect fix. That Polpo Product version will be generally available to the public.<\/li>\n<\/ul>\n

                      5.7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Reporting Defects. Defects can be reported by means of the online function within the Polpo \u201cPolpo Software Product\u201d Platform or by sending an email to info@polpo.nl.<\/p>\n

                      5.8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 No Personal Data. During the performance of the \u201cPolpo Software Product\u201d Platform, Customer needs to avoid transmission of information to Polpo that is regulated by applicable privacy laws (\u201cPersonal Data\u201d) (for example, by using \u201cdummy data\u201d when configuring or testing solutions). If such \u201cdummy data\u201d cannot be provided, the Customer shall provide anonymized data. Polpo does not wish to receive Personal Data nor it is required for the performance of the \u201cPolpo Software Product\u201d Platform. Accordingly, Customer must not transmit Personal Data to Polpo, unless the Parties have agreed in writing on terms specifying that Polpo has agreed to receive Personal Data and detailing the security measures in place and agreement for the processing of Personal Data.<\/p>\n

                       <\/p>\n

                        \n
                      1. PAYMENT TERMS<\/strong>
                        \n6.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Applicability. This section applies only if Customer orders the Polpo \u201cPolpo Software Product\u201d Platform directly from Polpo. If Customer orders the Polpo \u201cPolpo Software Product\u201d Platform from an Polpo Partner, payment terms are agreed between Customer and the Polpo Partner. If a Customer orders Polpo \u201cPolpo Software Product\u201d Platform from a Polpo Partner under a License Order with Polpo Partner, the terms of this Agreement apply to Customer\u2019s use of the Polpo \u201cPolpo Software Product\u201d Platform and will prevail in case of any inconsistency between these terms and the Polpo Partner order for which Polpo Partner is solely responsible.<\/li>\n<\/ol>\n

                        6.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Payment. Customer must pay the fees specified in the License Order. All fees are non-cancellable and, save as otherwise provided in this Agreement, non-refundable. The fees are invoiced in advance according to the terms specific for the purchased product and due within 30 days from the invoice date unless otherwise specified in the License Order. All invoices will only be delivered electronically to Customer and will be issued by Polpo B.V. Polpo may charge interest at a monthly rate equal to the lesser of 1% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date the overdue amount (plus applicable interest) is paid in full. Any fees that are unpaid as of the date of termination or expiration of this Agreement will be immediately due and payable.<\/p>\n

                        6.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Failure to Pay. If Customer fails to pay any amount due under this Agreement per the payment terms in the License Order, Polpo will send Customer a reminder notice. If Customer fails to pay within 30 days of the date of the reminder notice, Polpo may, in its sole discretion, suspend or terminate the applicable License Order after notifying the Customer in writing.<\/p>\n

                        6.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Disputes. If Customer believes in good faith that Polpo has incorrectly billed Customer, Customer must contact Polpo in writing within 15 days of the invoice date, specifying the error. If Polpo and Customer will not settle the dispute amicably in a term of maximum 30 (thirty) days, then the dispute shall be referred to a court of law in accordance with the Governing Law Venue section. Customer will pay the undisputed portions of the invoice.<\/p>\n

                        6.5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Taxes. Prices do not include applicable taxes like, but not limited to, VAT. All payments will be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or because any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority as required by law.<\/p>\n

                        6.6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Changes. Polpo is entitled to establish its own License Fees, at its own discretion. Polpo will not change the amount of the fees for already acquired licenses, after the acceptance of a License Order by Polpo. In case of any change of the License Fees, Polpo will send to the Customer a 30 calendar-day prior notice regarding the new fees. For all Customers on a monthly subscription, the new fees will be in effect immediately after the expiry of the 30 calendar-day notice. For all other subscriptions the new License Fees will apply on the expiry of the License Term, unless otherwise agreed in writing by the Parties.<\/p>\n

                         <\/p>\n

                          \n
                        1. THIRD PARTY INTELLECTUAL PROPERTY CLAIMS<\/strong>
                          \n7.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Polpo Obligations. Polpo will defend, at its expense, any third-party Claim against Customer during the License Term to the extent the Claim alleges that the Polpo \u201cPolpo Software Product\u201d Platform infringes the third party\u2019s patent, copyright, or trademark, or that Polpo has misappropriated the third party\u2019s trade secret (\u201cIP Claim\u201d). Polpo will pay any damages finally awarded by a court of competent jurisdiction (or settlement amounts agreed to in writing by Polpo).<\/li>\n<\/ol>\n

                          7.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Remedy. In case of any IP Claim, Polpo may: (a) procure for Customer a license to continue using Polpo \u201cPolpo Software Product\u201d Platform under the terms of this Agreement; (b) replace or modify the allegedly infringing components to avoid the infringement; or (c) terminate Customer\u2019s license and access to the Polpo \u201cPolpo Software Product\u201d Platform (or its infringing component) and refund the Customer pro rata fees pertaining to the Polpo \u201cPolpo Software Product\u201d Platform components, computed on the basis of the prepaid and unused License Fees, but only if Customer confirms in writing that it destroyed all copies of the Polpo \u201cPolpo Software Product\u201d Platform component (and any related materials) from all computer systems on which it was stored.<\/p>\n

                          7.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Conditions. Polpo will have no liability for any IP Claim: (A) that arises from any: (i) use of the Polpo \u201cPolpo Software Product\u201d Platform in violation of this Agreement; (ii) modification of the Polpo \u201cPolpo Software Product\u201d Platform by anyone other than Polpo; (iii) failure by Customer to install the latest updated version of the Polpo \u201cPolpo Software Product\u201d Platform, as requested by Polpo to avoid infringement; or (iv) third-party products, services, hardware, software, or other materials, or combination of these with the Polpo \u201cPolpo Software Product\u201d Platform, if the Polpo \u201cPolpo Software Product\u201d Platform would not be infringing without this combination; or (B) if Customer fails to: (i) notify Polpo in writing within 30 days from the date the Customer is notified of the IP Claim; (ii) provide Polpo with reasonable assistance requested by Polpo for the defense of the IP Claim; (iii) provide Polpo with the exclusive right to control or settle the IP Claim; or (iv) refrain from making admissions about the IP Claim without Polpo\u2019s prior written consent. The remedies in this Third Party Intellectual Property Claims section are Customer\u2019s sole and exclusive remedies and Polpo\u2019s sole liability regarding the subject matter giving rise to any IP Claim.<\/p>\n

                           <\/p>\n

                            \n
                          1. OTHER CLAIMS<\/strong>
                            \n8.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Customer\u2019s Obligations. Customer will, at its expense, defend or settle any third-party Claim against Polpo to the extent it arises from any Customer Development Outputs, Customer Data, or Customer\u2019s breach of Third Party Providers section. Customer will pay any damages finally awarded by a court of competent jurisdiction (or settlement amounts agreed to in writing by Customer)<\/li>\n<\/ol>\n

                            8.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Conditions. Customer\u2019s obligations under this Other Claims section are conditioned upon Polpo (to the extent permitted by applicable law): (i) promptly notifying the Customer of any Claim in writing; (ii) cooperating with the Customer in the defense of the Claim; (iii) granting the Customer sole control of the defense or settlement of the Claim; and (iv) refraining from making any admissions about the Claim. The remedies in this Other Claims section are Polpo\u2019s sole and exclusive remedies and Customer\u2019s sole liability regarding the subject matter giving rise to any such Claim.<\/p>\n

                            8.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Third Party Sources. For the avoidance of any doubt, under no circumstances Polpo may be liable for any Claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorneys\u2019 fees) of any kind and nature that may be asserted, granted or imposed against, directly or indirectly, arising from or in connection to any external source not being available temporarily or permanently or in the matter that Polpo is blocked by the provider of the external source.<\/p>\n

                            8.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Other Responsibility. For the avoidance of any doubt, under no circumstances Polpo may be liable for any Claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorneys\u2019 fees) of any kind and nature that may be asserted, granted or imposed against, directly or indirectly, arising from or in connection to any Customer Development Outputs.<\/p>\n

                             <\/p>\n

                              \n
                            1. LIMITATION OF LIABILITY<\/strong>
                              \n9.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Damages Exclusion. The liability of Polpo is limited to direct damages. Direct damages, as referred to in the preceding sentence, shall mean exclusively: (a) the reasonable costs incurred to determine the cause and extent of the direct damage, (b) any reasonable costs incurred to ensure that the faulty performance of Polpo complies with the Agreement, unless these costs cannot be attributed to Polpo, and (c) the reasonable costs incurred to prevent or mitigate the direct damages.<\/li>\n<\/ol>\n

                              9.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Liability Cap. The maximum aggregate liability of each Party for each and all Claims (individually and together) under or relating to this Agreement or its subject matter will not exceed an amount equal to the License Fees paid under this Agreement for the 12 months before the initial Claim. This limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit payment obligations as specified in the Payment Terms section. This limitation will also apply for Polpo benefit when Customer ordered Polpo \u201cPolpo Software Product\u201d Platform from a Polpo Partner, irrespective of the terms agreed between the Customer and Polpo Partner.<\/p>\n

                               <\/p>\n

                                \n
                              1. FORCE MAJEURE<\/strong>
                                \n10.1.\u00a0\u00a0\u00a0\u00a0 Force majeure. Parties shall not be obligated to fulfill any obligation under the Agreement if such fulfillment is prevented because of force majeure. The Parties shall also not be liable for any damages arising as a consequence of the force majeure.<\/li>\n<\/ol>\n

                                10.2.\u00a0\u00a0\u00a0\u00a0 Definition force majeure. Force majeure shall, in any case, include: power outages, internet outages, failures in telecommunications infrastructure, network attacks (including (d)DoS attacks), attacks by malware or other malicious software, fire, and floods.<\/p>\n

                                10.3.\u00a0\u00a0\u00a0\u00a0 Termination. If either Party is unable to fulfill any obligation towards the other Party due to force majeure, the performance of such obligation shall be suspended for the duration of the force majeure situation, with a maximum period of two months. After this two-month period, the Parties shall have the right to terminate the Agreement, in whole or in part.<\/p>\n

                                 <\/p>\n

                                  \n
                                1. REPRESENTATIONS & WARRANTIES<\/strong>
                                  \n11.1.\u00a0\u00a0\u00a0\u00a0 Polpo \u201cPolpo Software Product\u201d Platform Limited Warranty and Remedy. Polpo warrants that the Polpo \u201cPolpo Software Product\u201d Platform, as delivered to Customer, will substantially conform to the applicable Manuals during the License Term, to the extent that the Polpo \u201cPolpo Software Product\u201d Platform is used in accordance with the Manuals. Customer must notify Polpo of a Claim under this warranty within 30 days of the date on which the condition giving rise to the Claim first appeared. To the extent permitted by law, Customer\u2019s sole and exclusive remedy and Polpo\u2019s sole liability under or about this warranty will be a replacement of the Polpo \u201cPolpo Software Product\u201d Platform component, or if replacement is not commercially reasonable, a termination of the applicable Polpo \u201cPolpo Software Product\u201d Platform component or services and a refund of pro rata fees pertaining to the Polpo \u201cPolpo Software Product\u201d Platform component or service, computed on the basis of the prepaid and unused License Fees.<\/li>\n<\/ol>\n

                                  11.2.\u00a0\u00a0\u00a0\u00a0 Implied Warranties. Except for the express warranties herein, Polpo \u201cPolpo Software Product\u201d Platform is provided on an \u201cas-is\u201d basis. Neither Party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each Party specifically disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Polpo does not warrant the Polpo \u201cPolpo Software Product\u201d Platform or its components will run uninterrupted or error free. Customer bears the entire risk as to the use of the Polpo \u201cPolpo Software Product\u201d Platform. Each Party disclaims all liability for any harm or damages caused by any third-party hosting providers.<\/p>\n

                                  11.3.\u00a0\u00a0\u00a0\u00a0 Polpo warrants that the Software has been developed in a workmanlike manner, and in conformity with generally prevailing industry standards. Customer must report any material deficiencies in the Software to Polpo in writing within ninety (90) days of the Effective Date of this Agreement. Customer\u2019s exclusive remedy for the breach of the above warranties will be the correction of the material deficiency within a commercially reasonable time.<\/p>\n

                                  THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IM PLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. POLPO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.<\/p>\n

                                   <\/p>\n

                                    \n
                                  1. TERM<\/strong>
                                    \n12.1.\u00a0\u00a0\u00a0\u00a0 Duration. This Agreement applies to the Polpo \u201cPolpo Software Product\u201d Platform from the Effective Date until the expiration of the applicable License Term or the term for Professional Services, unless terminated earlier under this Agreement by either Party with a 30 days\u2019 written notice (a calender month for monthly or quarterly subscriptions). For all subscriptions longer than 1 month the agreed License Term is governing the termination date. It is explicitly not possible to terminate intermediate during the agreed License Term period. If Customer has not signed a renewal at the end of a License Term prior to the expiration of the then current License Term, the License Term will be automatically renewed for successive renewal terms of 1 year each, unless either Party provides written notice of non-renewal to the other Party at least 30 days before such expiration.<\/li>\n<\/ol>\n

                                    12.2.\u00a0\u00a0\u00a0\u00a0 Material Breach. If either Party commits a material breach of this Agreement, the non-breaching Party may give written notice describing the nature and basis of the breach to the breaching Party. If the breach is not cured within 30 days of the notice date, the non-breaching Party may immediately terminate this Agreement upon written notice.<\/p>\n

                                    12.3.\u00a0\u00a0\u00a0\u00a0 Effect of Termination. Upon termination or expiration of this Agreement or any License Term the license and associated rights for the Polpo \u201cPolpo Software Product\u201d Platform will immediately terminate. Customer understands that some or all the Polpo \u201cPolpo Software Product\u201d Platform components may cease to operate without prior notice upon expiration or termination of the License Term.<\/p>\n

                                     <\/p>\n

                                      \n
                                    1. PROFESSIONAL SERVICES<\/strong>
                                      \n11.1\u00a0\u00a0\u00a0\u00a0 Professional Services. Any Professional Services provided by Polpo shall be governed by the EULA from Polpo and will be delivered through a separate quotation process. Professional Services are deemed as customization and any changes will only apply to the Customer.<\/li>\n<\/ol>\n

                                      11.2\u00a0\u00a0\u00a0\u00a0 Customer may submit suggestions to Polpo for the development of general functionalities for the Polpo \u201cPolpo Software Product\u201d Platform. If Polpo implements a suggestion from the Customer, this does not create any additional obligations for the Parties, nor does it constitute the formation of an Assignment.<\/p>\n

                                       <\/p>\n

                                        \n
                                      1. CHANGES<\/strong>
                                        \n14.1.\u00a0\u00a0\u00a0\u00a0 Changes to the Agreement: After acceptance, the Agreement may only be amended with mutual written consent, except for deviations explicitly specified in this Agreement.<\/li>\n<\/ol>\n

                                        14.2.\u00a0\u00a0\u00a0\u00a0 Changes to the EULA: Notwithstanding the above, Polpo reserves the right to amend or supplement the EULA. Polpo will notify the Customer of any changes or additions via email at least thirty (30) days before they take effect.<\/p>\n

                                        14.3.\u00a0\u00a0\u00a0\u00a0 Objection by Customer. If the Customer does not wish to accept the changes or additions, they may submit a reasoned objection within fourteen (14) days of the notification. Polpo will then reconsider the modification or addition. If Polpo decides to proceed with the changes, the Customer may terminate the Agreement in writing no later than the effective date of the changes.<\/p>\n

                                        14.4.\u00a0\u00a0\u00a0\u00a0 Minor changes. The procedure described in sections 2 and 3 of this article does not apply to minor changes or changes required due to amendments in laws and regulations. Such changes may be implemented by Polpo without prior notice, and the Customer will not have the option to terminate the Agreement in these cases.<\/p>\n

                                          \n
                                        1. Switching (Notification Period, Transition Period and Request Period) <\/strong><\/li>\n<\/ol>\n

                                          15.1. The Customer may submit a Transfer Request or a Removal Request at any time. In the request, the Customer shall state (i) the desired action (transfer or removal), in the case of a transfer (ii) which Data Processing Service the request relates to, and (iii) details of the destination provider.<\/p>\n

                                          15.2. Once Polpo has received a request that complies with Article\u00a015.1, a notification period shall commence. The notification period is two (2) months and, for Agreements with a fixed term of two (2) months or less, equals the remaining term in full, unless otherwise agreed.<\/p>\n

                                          15.3. If the Agreement ends by force of law, the Customer must submit the Request in sufficient time to ensure that the notification period expires before that end date.<\/p>\n

                                          15.4. In the event of a Removal Request, Polpo shall remove the Relevant Data as soon as possible after the end of the notification period, unless legally required to retain it for a longer period.<\/p>\n

                                          15.5. In the event of a Transfer Request as referred to in paragraph 1, a transition period of up to thirty (30) days shall commence on the day on which the notification period ends. During the transition period, Polpo \u00a0is obliged to support the Customer in implementing its exit strategy, insofar as this relates to the Data Processing Service(s) provided for which a Transfer Request has been submitted.<\/p>\n

                                          15.6. During the transition period, Polpo shall:<\/p>\n

                                            \n
                                          1. provide support for the Customer\u2019s exit strategy in the context of the Services, including by providing relevant information;<\/li>\n
                                          2. provide reasonable assistance, to be agreed upon by the Parties, in the transition process, within normal working hours;<\/li>\n
                                          3. act with due care to maintain business continuity and continue to provide the Services under the Agreement;<\/li>\n
                                          4. ensure that a high level of security is maintained during the transition process, in particular with regard to the security of data during its transfer and the ongoing security of data; and<\/li>\n
                                          5. provide information about known risks to the continuity of the Services.<\/li>\n<\/ol>\n

                                            15.7. Customer has the right to extend the transition Period once (1) by a period that the Customer deems more appropriate for the implementation of the form of transfer chosen under paragraph 1, with due observance of the Customer’s obligation to act in good faith in this regard. The Customer may notify Polpo of this choice in writing, either in advance or during the Transition Period. In doing so, the Customer shall in any case state the date on which the Transition Period will end.<\/p>\n

                                            15.8. After the transition period, the Customer has a retrieval period of thirty (30) days to retrieve its Exportable Data and Digital Assets. After this period, Polpo will delete the Exportable Data and Digital Assets that were generated directly by the Customer or that relate directly to the Customer if the transfer has been successfully completed as referred to in Article 16, subject to statutory retention obligations or agreements to the contrary.<\/p>\n

                                            15.9. During the notification period, transition period and the subsequent call period, the Agreement shall remain in force unchanged. If the remaining term is insufficient to bridge the transition period, the Agreement shall be extended for the period necessary for that purpose at (pro rata) the pricing applicable to the Agreement as agreed.<\/p>\n

                                            15.20. Polpo is entitled to charge the Customer for the costs incurred that arise directly from the execution of or support for the switch, unless this is not (or no longer) permitted under mandatory law. In the absence of other agreements, the usual rates applicable at that time will be used.<\/p>\n

                                              \n
                                            1. Determining successful switching and termination<\/strong><\/li>\n<\/ol>\n

                                              16.1. The transfer process shall be deemed to have been successfully completed once Polpo has established on reasonable grounds that the transfer has been successfully completed and has notified the Customer of this in writing, and the Customer has not disputed this within seven (7) calendar days, stating reasons.<\/p>\n

                                              16.2. The Agreement shall terminate automatically and without further notice being required if:<\/p>\n

                                                \n
                                              1. the switching process had been successfully completed; or<\/li>\n
                                              2. at the end of the applicable notification period, if the Customer has requested the deletion of the Relevant Data within the meaning of Article 15.3.<\/li>\n<\/ol>\n

                                                16.3. Termination of the Agreement on the basis of this article shall only apply to the Data Processing Service(s) concerned and shall not affect the Agreement in respect of any other services.<\/p>\n

                                                16.4. If Polpo is aware that the Agreement has been terminated, Polpo shall then send the Customer written confirmation of the termination of the Agreement as soon as possible.<\/p>\n

                                                16.5. If the Agreement is terminated prematurely on the basis of the foregoing, the Customer shall immediately owe the following early termination fee, without any right to set-off:<\/p>\n

                                                  \n
                                                1. all outstanding fees for all (Data Processing) Services provided prior to the effective date of termination, and<\/li>\n
                                                2. all unpaid fees covering the remainder of the term of the Agreement, as if the Agreement had not been terminated.<\/li>\n<\/ol>\n

                                                  16.6. All amounts mentioned in this article are immediately due and payable upon termination. Insofar as (part of) this provision is contrary to applicable law, the Customer agrees that it will be converted into a provision that retains the intended effect as much as possible.<\/p>\n

                                                    \n
                                                  1. GENERAL<\/strong>
                                                    \n17.1.\u00a0\u00a0\u00a0\u00a0 Assignment. Neither Party may assign this Agreement without the other Party\u2019s prior written consent, except upon written notice of a change of control. Notwithstanding the foregoing, if a Party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favour of, a direct competitor of the other Party, then such other Party may terminate this Agreement upon written notice.<\/li>\n<\/ol>\n

                                                    17.2.\u00a0\u00a0\u00a0\u00a0 Confidentiality Obligations. Parties must, and will ensure their Affiliates, employees and\/or agents shall, keep the Confidential Information (means and refers to any document and information to which a Party has access during the performance of this Agreement, including but not limited to technical information, business methods, software programs, licensing model, of the other Party) confidential. Neither Party will in any manner, directly or indirectly, use or otherwise employ all or any of the Confidential Information of the other Party for any purpose other than the performance under this Agreement. This confidentiality obligation will survive for 3 years after the termination or expiration of this Agreement. The Customer acknowledges that if it provides any suggestions or feedback to Polpo, it does so voluntarily and without any obligation of confidence on Polpo in relation thereto who will be entitled to use any suggestions or feedback, in any way and for any purpose.<\/p>\n

                                                    17.3.\u00a0\u00a0\u00a0\u00a0 Data Use Consent. Customer agrees that Polpo and its Affiliates may collect and use technical information gathered as part of the software support services provided, if any, related to the Polpo \u201cPolpo Software Product\u201d Platform. Polpo may use this information solely to improve the software or to provide customized services or technologies to the Customer and will not disclose this information in a form that personally identifies the Customer.<\/p>\n

                                                    17.4.\u00a0\u00a0\u00a0\u00a0 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes any prior written or oral agreement between them with respect to such subject matter. Any amendments to this Agreement may only be made in writing and become effective when signed by both Parties. In case of any discrepancies between the terms of this Agreement and a License Order, the terms of the License Order will prevail. In case of any discrepancies between License Order and Quotation, the terms in the License Order will prevail. In case of any discrepancies between the terms of this Agreement and a Quotation, the terms of this agreement will prevail The Parties agree any termination of this Agreement shall trigger termination of all License Orders placed based on this Agreement, however, termination of a License Order will not trigger termination of this Agreement, unless otherwise agreed by the Parties in writing.<\/p>\n

                                                    17.5.\u00a0\u00a0\u00a0\u00a0 No Other Terms. Any terms or conditions in any purchase order or any other related documentation submitted by or on behalf of Customer to Polpo (or any other entity, such as an Polpo Partner) do not form part of this Agreement and are void, unless otherwise expressly agreed in writing and signed by both Customer and Polpo.<\/p>\n

                                                    17.6.\u00a0\u00a0\u00a0\u00a0 Governing Law, Venue. This Agreement is governed by the laws of the Netherlands, independent of the location of the Customer. For any dispute arising out of or relating to this Agreement (if the Parties do not reach a settlement within 60 days), the Parties consent to personal jurisdiction in, and the exclusive venue of, the courts of Amsterdam. Polpo will have the right to pursue claims against Customer in any other jurisdiction worldwide to enforce its rights under this Agreement. The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement regardless of when or where adopted.<\/p>\n

                                                    17.7.\u00a0\u00a0\u00a0\u00a0 License Compliance. Polpo may, at its expense and no more than once every 12 months, appoint its own personnel or an independent third party (or both) to verify that Customer\u2019s use, installation, or deployment of the Polpo \u201cPolpo Software Product\u201d Platform comply with the terms of this Agreement and Customer agrees to provide all the required assistance and support during such verification.<\/p>\n

                                                    17.8.\u00a0\u00a0\u00a0\u00a0 No Partnership. Nothing in this Agreement is intended to constitute a fiduciary relationship, agency, joint venture, partnership, or trust between the Parties and neither Party has authority to bind the other Party.<\/p>\n

                                                    17.9.\u00a0\u00a0\u00a0\u00a0 Notices. Any notice given under this Agreement must be in writing by e-mail, with a suggestive subject, to the addresses listed below (or addresses notified in writing by either Party) and will be effective the earlier of (i) when received by the Party or refused by the Party or (ii) the next business day.<\/p>\n

                                                    Matter \u2013 To Polpo<\/strong>
                                                    \nPrivacy \u2013 legal@polpo.nl
                                                    \nInvoicing \u2013 finance@polpo.nl
                                                    \nAll other \u2013 administration@polpo.nl<\/p>\n

                                                    15.10.\u00a0 Publicity. The Customer authorizes Polpo to publicly identify the Customer as a customer and include the Customer\u2019s name and logo on the Polpo\u2019s website and other promotional and marketing materials.<\/p>\n

                                                    15.11.\u00a0 Privacy. During the performance of this Agreement each Party may collect, store and use personal data related to the other Party\u2019s representatives or employees, such as their name, telephone number, e-mail address, job title. This personal data may be collected from the other Party or directly from the representatives or employees and it is necessary to allow the parties to enter into and perform this Agreement. Each Party will be responsible for informing its own representatives or employees of the processing of their personal data as provided in this Agreement. Each Party is responsible for complying with the applicable data protection legal requirements for the purposes of this Agreement. If any of the Parties would at any time act as a data processor on behalf of the other Party during the performance of this Agreement, the Parties shall enter into a data processing agreement in accordance with the General Data Protection Regulation (EU) 2016\/679 (\u201cGDPR\u201d) or equivalent.<\/p>\n

                                                    15.12.\u00a0 Privacy Statement. Polpo has published its privacy policy online at the following address: https:\/\/polpo.com\/privacy-policy\/. This Privacy Policy is an integral part of this agreement and can be updated by Polpo. Polpo will notify clients when the Privacy Policy has been updated.<\/p>\n

                                                    15.13.\u00a0 Severability. If any provision of this Agreement is or becomes illegal, invalid or unenforceable for any reason, all other provisions of the Agreement remain in force and shall produce legal effects. In such a case, Parties shall agree on new provision(s) to replace the original one(s), aiming to reflect the intent of the original provision(s) as closely as legally possible.<\/p>\n

                                                    15.14.\u00a0 Third Party Providers. If Customer uses certain features of the Polpo \u201cPolpo Software Product\u201d Platform in conjunction with third party data, products, services, and platforms, then Customer is responsible for complying with the conditions of this EULA required by such third-party providers, and all such use is at Customer\u2019s own risk.<\/p>\n

                                                    15.15.\u00a0 Third Party Licenses. The Polpo \u201cPolpo Software Product\u201d Platform contains or may be used in conjunction with other software, including open source, which are the property of their respective owners and are licensed under their respective licenses specified in the Third-Party Licenses section on the Polpo website, as updated from time to time or communicated to the Customer.<\/p>\n

                                                    15.16.\u00a0 Export. Notwithstanding anything from the above, each Party acknowledges that the Polpo \u201cPolpo Software Product\u201d Platform may be subject to export control regulations as set forth by (i) the U.S. Department of Commerce Export Administration Regulations (EAR), U.S. Department of State International Traffic in Arms Regulations (ITAR) or other requirements of the U.S. Government; (ii) European Commission regulations; (iii) United Nations Security Council resolutions (the \u201cExport Control Regulations\u201d) regulating the export and reexport of the Polpo \u201cPolpo Software Product\u201d Platform. Each Party represents that it is not named on any Export Control Regulations list of restricted parties. Each Party hereby agrees and undertakes that it shall not knowingly export or reexport the Polpo \u201cPolpo Software Product\u201d Platform (or any product, process or service resulting directly therefrom), directly or indirectly, to any country or a foreign national of a country in violation of any such Export Control Regulations.<\/p>\n

                                                    15.17.\u00a0 Anti-Corruption. Each Party confirms it has not been offered or received any illegal or improper bribe, kickback, payment, gift, or thing of value from the other Party\u2019s employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. Any violation of the above restriction will be promptly notified to legal@polpo.nl.<\/p>\n

                                                    15.18.\u00a0 Waiver. No failure to exercise, nor any delay in exercising, any right, power or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies (provided by law). Any waiver of any breach of this Agreement shall not be deemed to be a waiver of any subsequent breach.<\/p>\n

                                                    This Agreement constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.<\/p>\n<\/div><\/div>

                                                    <\/div><\/div><\/div><\/div><\/div><\/div><\/section>
                                                    <\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/section>\n","protected":false},"excerpt":{"rendered":"End User License Agreement This statement is last updated in February 2026 DEFINITIONS In this EULA, certain terms are capitalized. 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