Terms and Conditions

Please read carefully. These Terms and Conditions (“Terms”) constitute a legal and binding agreement between you and Schoolyear B.V., a Dutch private company with limited liability, and/or its affiliates referred to as “us”, “we” and “Schoolyear”.

By accessing or using the Service, you confirm that you have read, understand and agree to be bound by these Terms.

In the event that these Terms conflict with any separate agreement you or your institution/company have entered into with Schoolyear for the Services, the Terms in the separate agreement will prevail.

Article 1. Use of the service

1. With Schoolyear - Safe Exam Workspace, you can set up a secure testing environment.
2. By using Schoolyear - Safe Exam Workspace, you agree to these conditions.
3. You must protect the access to your account using a username and password from unauthorized individuals. In particular, you must keep the password strictly confidential. Schoolyear may assume that everything that happens from your account after logging in with your username and password is under your control and supervision. You are thus liable for all these actions, unless you have notified Schoolyear that someone else knows your password.
4. With Schoolyear - Safe Exam Workspace, your personal data is processed. You consent to all forms of processing that fall within the scope of the service. Consult Schoolyear's privacy statement for more information.

Article 2. Rules of use

1. It is forbidden to use Schoolyear - Safe Exam Workspace for actions that are contrary to Dutch or other applicable laws and regulations. This includes, among other things, storing or spreading information via the service that is defamatory, libelous, or racist.
2. If Schoolyear finds that you violate the above conditions, or receives a complaint about it, Schoolyear may intervene to end the violation.
3. If, in Schoolyear's opinion, nuisance, damage, or another danger arises for the functioning of Schoolyear's computer systems or network or third parties and/or for the service provision via the internet, particularly through excessive sending of email or other data, leaks of personal data or activities of viruses, Trojans and similar software, Schoolyear is entitled to take all measures that it reasonably deems necessary to ward off or prevent this danger. Unilaterally and without warning, terminating the service also falls under these measures. In the latter case, you still owe Schoolyear the mined income.
4. Schoolyear is always entitled to report any detected criminal offenses. Furthermore, Schoolyear is entitled to give your name, address, IP address, and other identifying data to a third party who complains that you are infringing on their rights or these terms of use, provided the correctness of that complaint is reasonably sufficient, there is no other way to get to this data, and the third party has a clear interest in handing over the data.
5. Schoolyear can recover the damage as a result of violations of these behavior rules on you. You indemnify Schoolyear from all third-party claims related to damage as a result of a violation of these rules of use.

Article 3. Availability and maintenance

1. Schoolyear endeavors to make the service available but does not guarantee uninterrupted availability.
2. Schoolyear actively maintains Schoolyear - Safe Exam Workspace. If maintenance is expected to lead to a limitation of the availability, Schoolyear will carry it out when the use of the service is relatively low. Maintenance is announced in advance as far as possible. Maintenance related to emergencies can take place at any time and is not announced in advance.
3. Schoolyear may modify the functionality of Schoolyear - Safe Exam Workspace from time to time. Your feedback and suggestions are welcome, but in the end, Schoolyear itself decides which adjustments it does or does not make.

Article 4. Intellectual property

1. The Schoolyear - Safe Exam Workspace service, the associated software, and all information and images on the website are the intellectual property of Schoolyear. These may not be copied or used in any way without separate written permission from Schoolyear, except in cases where it is legally permitted.
2. The information that you store or process via the service remains your property (or that of your suppliers). Schoolyear has a limited right to use this information for the service, including for future aspects thereof. You can revoke this right of use by deleting the relevant information and/or terminating the agreement.
3. If you send information to Schoolyear, for example, feedback about an error or a suggestion for improvement, you give it an unlimited and perpetual right to use this information for the service. This does not apply to information that you expressly mark as confidential.
4. Schoolyear will not take note of data that you store and/or distribute via Schoolyear - Safe Exam Workspace unless this is necessary for good service provision, or Schoolyear is obliged to do so by a legal provision or court order. In that case, Schoolyear will strive to limit the knowledge of the data as much as possible, insofar as this is within its power.

Article 5. Fee for the service

1. The use of Schoolyear - Safe Exam Workspace is associated with a fee for the use of certain functionalities. You will be pointed out the costs for the respective functionalities. The fee is due annually and in advance.
2. Payment can be made by transferring the amount to Schoolyear's bank account yourself.
3. Since the service is delivered immediately, and specifically at your express request, it is not possible to reverse a payment with an appeal to the Distance Selling Act ("Wet koop of afstand").

Article 6. Liability

1. Except in the case of intent or gross negligence, Schoolyear's liability is limited to the amount you have paid in the three months preceding the moment of the damage-causing event.
2. Schoolyear is expressly not liable for indirect damage, consequential damage, lost profits, missed savings, and damage due to business stagnation.
3. A condition for the occurrence of any right to compensation is that you report the damage to Schoolyear in writing within two months of discovery.
4. In the event of force majeure, Schoolyear is never obliged to compensate the damage caused to you as a result. Force majeure includes, among other things, failures or outages of the internet, telecommunications infrastructure, power outages, domestic unrest, mobilization, war, disruption in transport, strike, exclusion, business disturbances, stagnation in supply, fire, and flood.

Article 7. Duration and termination

1. Unless otherwise stated, the Schoolyear license shall automatically renew for successive one-year periods ("Renewal Periods") unless either party provides written notice of non-renewal via email at least thirty (90) days prior to the end of the then-current Service Period or Renewal Period.
2. Schoolyear can terminate the agreement if you have not logged in for eighteen months. In that case, it will first send a reminder email to the email address linked to your account.
3. Please note: It is not possible to export the data that you store or process via the service.

Article 8. Changes to conditions

1. Schoolyear may adjust these conditions and prices at any time.
2. Schoolyear will announce the changes or additions at least thirty days before their entry into force via the service so that you can take note of them.
3. If you do not wish to accept a change or addition, you can cancel the agreement until the date of entry into force. Use of the service after the date of entry into force constitutes acceptance of the amended or supplemented conditions.

Article 9. Other provisions

1. This agreement is subject to Dutch law.
2. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes related to Schoolyear - Safe Exam Workspace will be submitted to the competent Dutch court for the district in which Schoolyear is located.
3. If a provision in these terms of use requires a notice to be made "in writing", it is also met if the notice is made by email or communication via the service, provided it can sufficiently be established that the message truly originates from the alleged sender and that the integrity of the message has not been compromised.
4. The version of communication or information as stored by Schoolyear is deemed to be correct, unless you provide evidence to the contrary.
5. If a provision in these terms of use proves to be void, this does not affect the validity of the entire terms of use. In this case, parties will establish new provision(s) to replace it, which gives as much legally possible form to the intention of the original provision.
6. Schoolyear is entitled to transfer its rights and obligations from the agreement to a third party who takes over Schoolyear - Safe Exam Workspace or the relevant business activity from it.

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