General terms and conditions B2B

Who are we?

We4U app B.V. is established at Simon Stevinweg 27 in Arnhem, with a branch office at Rozenlaan 59 in Rotterdam. We are registered with the Chamber of Commerce under number 81818793.

Definitions

In these general terms and conditions, we mean by:

• ‘you’: the client acting in the exercise of a profession or business;

• ‘we’, ‘us’ or ‘We4U’: We4U app B.V.;

• ‘parties’: client and We4U together and ‘party’: each individually;

• ‘software’: the software, web applications, mobile applications and associated functionalities offered by us;

• ‘integrations’: connections with software, systems or services of third parties;

• ‘written/in writing’: also communication by e-mail.

Applicability

1. These general terms and conditions apply to all offers, quotations, agreements, additional assignments and follow-up assignments between parties.

2. Deviations from these general terms and conditions only apply if parties have agreed to them in writing.

3. We may change these general terms and conditions. We will inform you in advance about important changes and their effective date. In the event of a material change with adverse consequences for you, we will, at your request, consult to jointly find a solution.

4. If a provision of these general terms and conditions proves to be invalid or is annulled, the other provisions will remain in force. Parties will then agree on a new provision in consultation that matches the purpose of the original provision as much as possible.

5. If a situation is not regulated in these general terms and conditions, or if there is uncertainty about the interpretation thereof, parties will consult on this.

6. The fact that we do not always require strict compliance with these general terms and conditions does not mean that we waive our rights.

Offer and agreement

1. Our offers and quotations are non-binding and valid for 30 days, unless stated otherwise.

2. Quotations are based on the information provided to us by you. You guarantee that this information is complete and correct.

3. An agreement is concluded as soon as:

   1. you accept our quotation in writing;

   2. we confirm in writing that we accept an assignment; or

   3. we start carrying out the work.

4. We may refuse an assignment without being obliged to state a reason.

5. A composite quotation does not oblige us to perform a part of the work for a proportional part of the price.

Duration of the agreement

1. The agreement is entered into for the agreed duration.

2. You may terminate the agreement early towards the end of the month with a notice period of a maximum of two months, as far as legally required.

3. If an agreement ends prematurely based on an annual rate, we may recalculate the fee based on the monthly rate applicable at that time over the elapsed period of use. The total fee will never be higher than the originally agreed annual rate.

4. After the agreed term, the agreement will always be tacitly extended for the same period, unless a party terminates the agreement in writing with a notice period of three months.

5. Work for implementation, setup or support ends as soon as the agreed work is completed.

Execution of the agreement

1. We perform the agreement carefully and to the best of our knowledge and ability. Our service is a best-efforts obligation.

2. We determine the manner in which we carry out the work.

3. We may have the work carried out entirely or partially by third parties.

4. We may execute the agreement in phases and invoice separately.

5. Agreed terms are not strict deadlines. We are only in default after:

   1. you have given us a written notice of default; and

   2. we have been given a reasonable period to still perform.

Expectations and responsibilities

1. We perform the agreement carefully and to the best of our knowledge and ability. Our service is a best-efforts obligation. We do not guarantee that the software will always be available without interruptions, delays or errors.

2. We make every effort to keep the software up-to-date, secure and usable. In doing so, we may depend on third parties, such as hosting parties, suppliers or connected systems.

3. We offer support for questions and problems with the software via e-mail or telephone. Support is provided in the manner chosen by us. We can be reached via support@we4u.app. We make every effort to address notifications within a reasonable period on working days during office hours.

4. The software is deemed to be accepted as soon as it is taken into use by you, unless you make a written report of a substantial defect that makes normal use of the software impossible within a reasonable period.

5. You remain responsible for:

   1. the use of the software within your organization;

   2. the management of user accounts and access rights;

   3. keeping login credentials confidential;

   4. the use of secure passwords and appropriate security of devices and networks;

   5. the accuracy and completeness of the data that you or your users enter;

   6. the lawful use of personal data and other data within the software.

6. You ensure that employees and other users who use the software on your behalf act in accordance with the agreement and these general terms and conditions.

7. You provide us with all information and cooperation reasonably required for the execution of the agreement in a timely manner. This also includes access to employees, systems and locations, as far as necessary for our services.

8. If you do not provide the required information or cooperation, do not do so in a timely manner, or do not do so completely, we may suspend the execution of the agreement. Extra costs or delays resulting from this may be charged to you.

9. We periodically back up data processed within the software for continuity and recovery purposes. A backup does not count as a guarantee that lost or damaged data can always be fully recovered.

10. We may use third parties for the execution of the agreement. We remain responsible for the execution of the agreed work.

Availability, maintenance and integrations

1. We may temporarily suspend the software or limit its use if this is necessary for maintenance, security, improvement or renewal of the software.

2. We may change or expand functionalities, as long as this does not make the software substantially unsuitable for the agreed use. We will inform you about important changes that may affect the use of the software.

3. Error messages can be reported by you through our support channels. We determine the method, priority and planning of investigation, recovery and any improvements.

4. Temporary unavailability of the software does not entitle to compensation, suspension of payment obligations or dissolution of the agreement, unless agreed otherwise in writing.

5. The software may contain integrations with systems or services of third parties. We are not responsible for malfunctions, changes, limitations or termination of such third-party systems or services.

6. If additional licenses, accounts or services of third parties are required for the use of integrations, the costs and management thereof are at your expense, unless agreed otherwise in writing.

7. We may take measures necessary for the security or continuity of the software, even if this temporarily affects availability or functionalities.

User license and intellectual property

1. You obtain a limited, non-exclusive and non-transferable license for the use of the software within your own organization for the duration of the agreement.

2. It is not permitted to:

   1. reconstruct the source code or operation of the software through reverse engineering;

   2. collect data from the software in an automated manner;

   3. use the software or its content for training AI systems or similar applications;

   4. remove indications of copyrights, trademarks or other intellectual property rights.

3. We may check whether the use of the software is in accordance with the agreement. You will reasonably cooperate with this. The costs of a check are at our expense, unless it appears that the software is used in violation of the agreement. In that case, we may charge the reasonable costs of the check to you.

4. All intellectual property rights on the software and other materials provided by us remain with us or our licensors.

5. We may use feedback, suggestions or ideas that you share about the software or services for further development and improvement of our services, without any additional compensation being due.

6. The data and content placed in the software by you or your users remain yours or those of the relevant rights holder. By placing this data and content in the software, you give us a limited permission to use it as far as necessary for the execution of the agreement and the functioning of the software. 

7. In addition, it is not permitted to use the software:

   1. in violation of applicable laws or regulations;

   2. in a way that causes damage, malfunctions or security risks to the software or to others;

   3. to gain unauthorized access to data, accounts or systems;

   4. for spreading spam, harmful software or misleading information;

   5. in violation of confidentiality obligations or internal rules of your organization.

Amending the agreement

1. If during the execution of the agreement it appears that change or addition to the work is necessary, parties will consult on this.

2. We may adjust the planning, working method and price if:

   1. the assignment is changed;

   2. additional work appears to be necessary;

   3. the information provided appears to be incorrect or incomplete; or

   4. delay occurs due to circumstances on your part.

3. We may charge for additional work and extra tasks separately.

4. We are not obliged to accept a request to amend the agreement.

Rates

1. We may work with:

   1. fixed prices;

   2. rates per user or account;

   3. subscriptions;

   4. rates per hour; or

   5. combinations thereof.

2. All prices are exclusive of VAT and other government levies, unless stated otherwise.

3. We may index our rates annually based on the CBS service price index.

4. We may pass on price increases from suppliers or other unforeseen cost increases if they take place after the conclusion of the agreement.

5. If a price is based on incorrect or incomplete data from you, we may adjust the price.

Invoicing and payment

1. Invoices are sent digitally to the e-mail address provided by you.

2. Payment must take place within 30 days after the invoice date, without suspension, discount or set-off.

3. If advance payment has been agreed, we are not obliged to start the work before we have received the payment.

4. If you do not pay on time, you are automatically in default without a notice of default being required.

5. From that moment on:

   1. we may charge statutory commercial interest;

   2. we may charge collection costs;

   3. we may suspend our services;

   4. we may temporarily block accounts or access to the software;

   5. outstanding amounts become immediately due and payable.

6. Suspension of the service does not affect the payment obligation.

7. We may first deduct payments from costs, then from interest and then from the principal sum.

Confidentiality

1. Parties are obliged to keep confidential information secret. Information is considered confidential if this is indicated by a party or if it follows from the nature of the information.

2. The confidentiality obligation does not apply if disclosure is legally required or if the information is already lawfully public.

3. We may mention that you are a customer of ours, unless you object in writing.

Force majeure

1. Parties are not obliged to fulfill their obligations in the event of force majeure.

2. By force majeure, we mean circumstances that are beyond the reasonable control of a party and as a result of which performance cannot reasonably be required.

3. Examples of this are:

   1. disruptions of internet or telecom facilities;

   2. cyber attacks;

   3. disruptions at suppliers or hosting parties;

   4. power failures;

   5. government measures;

   6. pandemics;

   7. strikes at one of our suppliers;

   8. fire;

   9. extreme weather conditions.

4. During force majeure, obligations are suspended.

5. If the force majeure lasts longer than three months, both parties may terminate the agreement in writing.

6. Work that has already been carried out may be invoiced by us.

Suspension and termination

1. We may suspend the execution of the agreement if you do not fulfill your obligations under the agreement or these general terms and conditions.

2. We may terminate the agreement in whole or in part if:

   1. you structurally fail in performance;

   2. you infringe on our rights or those of third parties;

   3. you go bankrupt or apply for a suspension of payments;

   4. the company is liquidated.

3. Termination of the agreement does not entitle to a refund of amounts already paid.

End of agreement and data

1. After termination of the agreement, we may terminate access to the software.

2. We may delete data after termination of the agreement, unless we are legally obliged to keep certain data longer.

3. If you wish an export of data at the end of the agreement, we will make reasonable efforts to make it available in a common
   digital format, as far as this is technically possible. We may charge the
   then applicable rates for this.

4. Additional work in connection with migration, transfer or support after termination of the agreement is not covered by the agreement, unless agreed otherwise in writing.

Liability

1. The party that attributably fails or acts unlawfully towards the other party is liable for the direct damage resulting from this.

2. Our total liability per event or series of related events is limited to the amount that you paid to us in the twelve months prior to the event for the services concerned, with a maximum of €25,000.

3. Liability for indirect or consequential damage is excluded. This includes, among other things:

   1. missed revenue;

   2. lost profit;

   3. missed savings;

   4. reputational damage;

   5. loss of data;

   6. damage due to business stagnation;

   7. claims from third parties.

4. We are not liable for damage caused by:

   1. incorrect or improper use of the software;

   2. incorrect or incomplete data from you;

   3. malfunctions of third parties or external systems;

   4. insufficient security on your part;

   5. actions of users within your organization.

5. The limitations of liability do not apply in case of intent or deliberate recklessness.

6. You are obliged to cooperate in limiting the damage as much as possible.

Complaints

1. Complaints about our services or invoices must be reported to us in writing within 14 days after discovery.

2. A complaint must be described with sufficient clarity.

3. A complaint does not suspend payment obligations.

4. If a complaint is not made in a timely manner, rights regarding the complaint will lapse.

Indemnification

1. You indemnify us against claims from third parties resulting from:

   1. data, content or information placed or shared by you or your users through the software;

   2. use of the software in violation of the agreement, the terms of use or applicable laws or regulations;

   3. acts or omissions by you or your users.

Applicable law and disputes

1. Dutch law applies to all legal relationships between the parties.

2. Parties will first try to resolve disputes through mutual consultation.

3. Disputes will be submitted exclusively to the competent court in Rotterdam.

Final provisions

1. Provisions that by their nature are intended to continue after termination of the agreement remain in force. This includes provisions on:

   1. confidentiality;

   2. liability;

   3. intellectual property;

   4. applicable law.

2. Every legal claim against us expires twelve months after the claim has arisen, unless a procedure has been started within that period.

Date of last change: May 8, 2026