Last updated: May 22nd, 2018
These are the Terms and Conditions (“Terms”) of Parseur B.V. (“Parseur”, “Parseur.com” “we,” “us” or “our”), a company having its address at Konnetlaantje 4, 1435HW Rijsenhout, The Netherlands. By accessing or using websites or any other Parseur service (together, the “Service”) made available by Parseur, however accessed, you agree to be bound by these Terms. Those terms are in accordance with the General Data Protection Regulation (the “GDPR”) and the GDPR-based legislation.
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Parseur cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Parseur customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Parseur with accurate and complete billing information including full name, address, state, zip code, country, VAT number, and a valid payment method information. By submitting such payment information, you automatically authorize Parseur to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Parseur will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Parseur, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Parseur will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to store, share and otherwise make available certain information, emails, documents, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
As a data processor acting on our behalf, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms. Parseur reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Parseur, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Parseur encourages you to maintain your own backup of your Content. Parseur is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Parseur will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that Parseur is not responsible for, and does not endorse, Content posted within the Service. Parseur does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of Parseur).
You must be at least 13 years old to use the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree that you will not solicit, collect or use the login credentials of other Parseur users. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other Parseur terms.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Violation of these Terms may, in sole discretion of Parseur, result in termination of your Parseur account. You understand and agree that Parseur cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Parseur, we can stop providing all or part of the Service to you.
Parseur hereby grants to you a non-transferable license to use the Service during the period of subscription to the Service. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). Any attempt to do so is a violation of the rights of the Parseur. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by Parseur that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case these terms will govern.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
The Service contains content owned or licensed by Parseur (“Parseur Content“). Parseur Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Parseur, Parseur owns and retains all rights in the Parseur Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Parseur Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Parseur Content.
The Parseur name and logo are trademarks of Parseur, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Parseur. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of Parseur, and may not be copied, imitated or used, in whole or in part, without prior written permission from Parseur.
Personal Data Protection
In order to use the Service, you may be providing Personal Data belonging to you or to other data subjects (“Personal Data”), and requiring Parseur to process such Personal Data. Under the following article, you will be referred to as “Controller” and Parseur will be referred to as “Processor”.
As part of their contractual relations, the Controller and the Processor undertake to comply with the applicable regulations on Personal Data processing and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 which is applicable from 25 May 2018 (“the General Data Protection Regulation” or “GDPR”).
The Processor is authorized to process, on behalf of the Controller, the necessary Personal Data for providing the following service(s): Reception of emails and other documents, Processing of these documents, Storage of these documents and export to a file or external third-party services.
The nature of operations carried out on the data are extraction, storage, export and deletion.
The purposes of the processing is to automate the manual processing of emails and related documents.
The Personal Data processed are any data contained in the emails and related documents.
The categories of data subjects are varied.
To perform the service covered herein, the Controller shall provide the Processor with the following necessary information: the emails and documents containing the data, a template to explain how to extract this data.
The Processor undertakes to:
- process the Personal Data solely for the purpose(s) subject to the processing;
- use or exploit the Personal Data only in order to perform the Contract and on documented instructions of the Controller;
- guarantee the confidentiality of Personal Data processed hereunder;
- take into consideration, in terms of its tools, products, applications or services, the principles of data protection by design and by default.
The list of subcontractors involved in the provision of the Service at this date is attached as Appendix 1 to these Terms. Considering that the Service performed by the Processor have the nature of shared services: the Controller grants to the Processor a general authorization to use subcontracting. Should the Processor use international subcontracting, the Processor commits such transfer would be subject to appropriate safeguards pursuant to Article 46 of the GDPR.
It is the Controller’s responsibility to inform the data subjects concerned by the processing operations at the time data are being collected.
The Processor shall assist the Controller, insofar as this is possible, for the fulfilment of its obligation to respond to requests for exercising the data subject’s rights: right of access, to rectification, erasure and to object, right to restriction of processing, right to data portability, right not to be subject to an automated individual decision.
Where the data subjects submit requests to the Processor to exercise their rights, the Processor must forward these requests as soon as they are received by email to the email address provided by the Controller at the time of subscription to the Service.
The Processor shall notify the Controller of any Personal Data breach as soon as possible after having become aware of it and via email to the email address provided by the Controller at the time of subscription to the Service. Said notification shall be sent along with any necessary documentation to enable the Controller, where necessary, to notify this breach to the competent supervisory authority.
The Processor undertakes to implement the following security measures:
- the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
The Processor commits to put in place appropriate technical and organizational measures given the state of the art and according to the risk and the security requirements in order to prevent any unauthorized or unlawful processing as well as the loss, damage, alteration or destruction of the Personal Data, and to take the necessary steps to ensure that its personnel which might have access to the Personal Data complies with the obligations under this article.
The Processor undertakes to implement the following technical and organizational measures:
- High security hosting access process ;
- Software update by authorized persons in a timely manner;
- Effective and documented process of the hosting provider (iso27018 certification)
At the end of the service bearing on the processing of such data, the Processor undertakes to destroy all Personal Data, and to retain back-up copies only for a limited period of three months in order to avoid accidental destruction of Personal Data.
The Processor states that it maintains a written record of all categories of processing activities carried out on behalf of the Controller.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Parseur.
Parseur has no control over, and assumes no responsibility for the content provided you (“User Content”), privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Parseur shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
To the extent not prohibited by law, in no event shall Parseur be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
- the Service;
- Parseur Content;
- User Content;
- your use of, inability to use, or the performance of the Service;
- any action taken in connection with an investigation by Parseur or law enforcement authorities regarding your or any other party’s use of the Service;
- any action taken in connection with copyright or other intellectual property owners;
- any errors or omissions in the service’s operation; or
- any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Parseur has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).
In no event will Parseur be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will Parseur total liability to you for all damages, losses or causes or action exceed the amount of € 0.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that in the event you incur any damages, losses or injuries that arise out of acts of Parseur or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by Parseur, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by Parseur.
Parseur is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You agree that any claim you may have arising out of or related to your relationship with Parseur must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree to defend (at the request of Parseur), indemnify and hold Parseur harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
- your Content or your access to or use of the Service;
- your breach or alleged breach of these Terms;
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you.
You will cooperate as fully required by Parseur in the defense of any claim. Parseur reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Parseur.
The Service, including, without limitation, Parseur Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Parseur nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the “Parseur Parties“) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Parseur Content; (c) user content; or (d) security associated with the transmission of information to Parseur or via the Service. In addition, Parseur hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
Parseur does not warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. Parseur does not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful.
Although it is the intention of Parseur for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You acknowledge that your use of the Service is at your sole risk. Parseur does not warrant that your use of the Service is lawful in any particular jurisdiction, and Parseur specifically disclaims any such warranties.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
Parseur does not endorse Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands.
All disputes between you and Parseur (whether or not such dispute involves a third party) with regard to your relationship with Parseur, shall be submitted exclusively to the competent court of law in Noord-Holland, the Netherlands, without prejudice to the right of Parseur as plaintiff to initiate proceedings before any other court having jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Parseur to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Parseur provides.
No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Appendix 1 – List of subcontractors
- Mailgun for email reception and temporary storage (30 days)
- Postmark for email reception and temporary storage (45 days)
- Intercom for support and conversations
- Google Cloud Platform for hosting
- Stripe for payment processing and subscription handling
- Octobat for invoicing and VAT computation
- CloudConvert for some document processing