Terms of use of CopyConfirm
CopyConfirm offers a web application with which the User can demonstrate that an e-mail offered to CopyConfirm for verification is the same in whole or in part as an e-mail that the User registered with CopyConfirm at an earlier time.
This document contains the terms and conditions that apply with respect to that service provided by CopyConfirm (referred to below as the ‘Service’). These Terms and Conditions of Use apply at all times during the use of the Service. Please read the following Terms and Conditions of Use carefully.
Article 1 Definitions
1.1 CopyConfirm: CopyConfirm B.V., having its registered office in Amsterdam, the Netherlands, registered with the Chamber of Commerce under number 34315945.
1.2 User: a natural person or legal entity that concludes an Agreement with CopyConfirm in order to use the Service.
1.3 Recipient: the party to whom the User sends an E-mail.
1.4 E-mail: a message consisting of the following components: the content (body), the subject (header) and any attachment(s).
1.5 Agreement: the agreement that is concluded by CopyConfirm and the User whereby CopyConfirm enables the User to use the Service.
1.6 Account: the User’s own online area, which will be made available to the User after the User registers via the Website (the conclusion of the Agreement). It is also possible to purchase new Credits via that online area.
1.7 Credits: After making payment the User receives Credits. Each Credit entitles the user to one coding of an E-mail or an attachment by CopyConfirm.
1.8 Report: the report that CopyConfirm provides the User containing the determination whether the E-mail is the same as the E-mail that the User sent in the past and registered with CopyConfirm. The Report will indicate for each component of the E-mail offered for verification whether it is entirely, partially or not the same as the components in the E-mail that was registered with CopyConfirm earlier. With respect to the content of the body of the E-mail, CopyConfirm will register and report only text that is written in the Latin alphabet and Arabic cipher. The layout of the text and any images that are included (that are not attachments) will be ignored.
1.9 Storage time: the number of years that the registrations are kept by CopyConfirm, set up as such by the User in the Account.
1.10 Terms and Conditions of Use: these terms and conditions.
1.11 Party: each party to an Agreement.
1.12 Website: www.copyconfirm.com or other extensions.
Article 2 Applicability
2.1 The Terms and Conditions of Use govern the use of the Service and form part of each Agreement between CopyConfirm and the User.
2.2 Any terms and conditions or exceptions put forward by the User do not form part of the Agreement unless CopyConfirm has explicitly accepted them in writing.
Article 3 Conclusion
3.1 The User accepts these terms and conditions by completing the electronic registration form on the Website. An Agreement is concluded by that acceptance. CopyConfirm will send the User a confirmation of the acceptance by e-mail. The User can also enter into an agreement with CopyConfirm by signing a written contract.
Article 4 Term and termination
4.1 The Agreement is entered into for an indefinite period of time.
4.2 CopyConfirm may terminate this agreement immediately, with due observance of a six-month notice period.
4.3 If for a period of 12 months the User has not registered any new E-mails and there are not (or no longer) any E-mails registered in the Account, the Agreement will be terminated and all the data linked to the Account will lapse. This provision also applies in respect of Credits (see Article 10(3)).
4.4 The User will be able to request a Report for the storage time specified by the User after the E-mail is sent via CopyConfirm. After this storage time has expired it will no longer be possible to do so and the coding of the E-mail will lapse. As a result CopyConfirm will no longer be able to deliver a report. To prevent the lapsing of the registered E-mails the User can extend the storage time before the storage time has expired.
4.5 If a Party fails to comply with any obligation properly or within a term stipulated or otherwise comply with any obligation that ensues for it under any Agreement, that party will be in default and the other Party will be entitled to dissolve the Agreement in whole or in part without any notice of default being required, without prejudice to the other rights of the Party dissolving the Agreement and without that Party owing any compensation.
4.6 In the event of dissolution or termination the following Articles will maintain their effect after the Agreement has ended:
• Article 12 (Liability).
Article 5 Conditions of the Service
5.1 The Service may not be used in a manner that is contrary to the rights of third parties.
5.2 The User is responsible for retaining, saving and archiving the E-mails. CopyConfirm does not retain the E-mails. CopyConfirm retains only the unique coding derived from the E-mail.
5.3 The User determines the content of the E-mails entirely on his or her own. CopyConfirm does not take note of the content of the E-mails that are sent. The E-mails are processed automatically into a unique code and are then deleted. The User will be completely and fully responsible if E-mails that are sent using the Service are incorrect and/or unlawful. The User indemnifies CopyConfirm against claims brought by third parties based on the argument that the E-mails sent by the User using the Service are unlawful.
5.4 If CopyConfirm reasonably suspects or realizes that the E-mails that the User has sent to the Service are unlawful, CopyConfirm will be entitled to take immediate action to block access to the Service. Under no circumstances will CopyConfirm be liable for any damage that ensues from such action.
5.5 The User will act with the degree of care in respect of the Service that can be expected of him or her.
5.6 If the User acts contrary to these Terms and Conditions of Use, CopyConfirm will be entitled to deny the Account, and thus the User, access to the Service, stating its reasons for doing so.
5.7 CopyConfirm cannot guarantee that an E-mail offered for verification will be reported as the same as a result of any information that e-mail providers may add to the message through the forwarding process or advertisements.
5.8 If the Service is misused and as a result the User’s Credits are used, without the User being able to prevent that from happening, CopyConfirm will refund the Credits.
Article 6 Access and updates
6.1 During the term of the Agreement CopyConfirm will provide the User with access to the Service and will enable to User to manage it. An individual username and password will be assigned to the User for that purpose.
6.2 The User is not permitted to provide or transfer the username and password to third parties. CopyConfirm is not responsible for any misuse and is entitled to assume that a User who registers for the Service is actually the User. The User must notify CopyConfirm if the User suspects that the password has been divulged to unauthorized persons. CopyConfirm is entitled to take effective measures in such cases.
6.3 If CopyConfirm realizes that the User’s login details have been divulged to unauthorized third parties it will notify the User and take suitable measures.
6.4 The User will keep the contact details up to date on his Account and warrants that they are correct. The User will immediately notify CopyConfirm electronically of any changes in other details (including personal data) that are relevant in connection with the performance of the Agreement.
6.5 The version of the communication in question that CopyConfirm receives and saves will be deemed to be proof of such communications unless the User provides proof to the contrary.
6.6 CopyConfirm is entitled to modify the Service’s software from time to time in order to improve its functionality and repair errors. Because the Service is offered to multiple users it is not possible to waive a particular modification only for the User. CopyConfirm is not obliged to pay any compensation for damage caused by a modification of the Service.
Article 7 Maintenance
7.1 CopyConfirm reserves the right to deactivate the Service temporarily for maintenance, modification or improvement of the Service and CopyConfirm’s web servers.
7.2 CopyConfirm will attempt to ensure that deactivation of Service causes as little trouble as possible for the User and other users.
7.3 Under no circumstances will CopyConfirm be liable to pay any compensation for damage sustained by the User due to the Service being deactivated.
Article 8 Backup and security
8.1 CopyConfirm uses an external server to make backups of the Account’s data and the coding of the E-mails.
8.2 CopyConfirm uses SSL certificates to securely transmit data and communications on the Website.
Article 9 Helpdesk
9.1 Information will be provided to the User on the Website with respect to the use of the Service.
9.2 The User can report disruptions and ask questions in the manner indicated by CopyConfirm. CopyConfirm will make every effort to respond to such questions properly and within a reasonable term.
Article 10 Credits
10.1 The User must purchase Credits in advance in order to use the Service.
10.2 CopyConfirm keeps records of the use of the Credits by the User. The User can monitor his or her own use on the Website.
10.3 Credits that are purchased but not used will be held in credit, but if the Service is not used for a period of 12 months and no registrations have been saved at that time, the Credits will lapse.
Article 11 Prices and payment
11.1 All prices indicated on the Website and in brochures, offers and other materials are subject to typographical and arithmetical errors. No liability will be accepted for typographical and arithmetical errors.
11.2 The User will owe CopyConfirm one (1) Credit for the registration of one e-mail per year, plus one (1) Credit per attachment.
The User will owe CopyConfirm one (1) Credit per Report, plus one (1) Credit per attachment.
11.3 The User will owe CopyConfirm the same amount of Credits for an E-mail registered with CopyConfirm for longer than 1 year, as the User agreed to owe CopyConfirm at the time of registration.
11.4 The User will be informed of the fee for the Service (in Credits) during the registration process on the Service Website or the fee will be stated in a written agreement. That fee may be paid using various payment methods. The User will also be clearly informed of those payment methods via the Service Website.
Article 12 Liability
12.1 Under no circumstances is CopyConfirm liable for any indirect damage that the User or third parties sustain, including consequential damage, loss of E-mails (including the Account) and coding, or damage as a result of their disclosure, and immaterial damage. The User is responsible at all times for making backups of his or her E-mails.
12.2 CopyConfirm’s liability towards the User, on any grounds whatsoever, is limited to the amount de facto paid by the User over the 12 months leading up to the event per incident (in which context a related series of incidents will be deemed to be one incident).
12.3 The User indemnifies CopyConfirm against any and all claims brought by third parties on any ground whatsoever in respect of compensation of damage, costs or interest in connection with this Agreement and/or the Service.
12.4 The preceding subsections of this Article do not apply if and insofar as the damage in question was caused by an intentional act or omission or willful recklessness on the part of CopyConfirm.
Article 13 Force majeure
13.1 CopyConfirm will not be obliged to comply with any obligation towards the User if it is prevented from doing so as a result of a circumstance over which it has no control.
13.2 In the event of such a situation involving force majeure – which in any event includes disruptions in the telecommunications structure, Internet, domestic disturbances, mobilization, war, traffic congestion, strikes, lockouts, import and export restrictions, business interruptions, supply delays, fire, flood and breaches by suppliers on whom CopyConfirm is dependent in the performance of an Agreement – the performance of the Agreement may be suspended without that leading to any obligation to pay compensation. If a situation involving force majeure prevents compliance for longer than two months, either Party will be entitled to terminate the Agreement effective immediately without that giving rise to any obligation to pay compensation.
Article 14 Intellectual property rights
14.1 All intellectual property rights in respect of all the Service software that is made available pursuant to the Agreement, including the Website, vests exclusively in CopyConfirm or its licensors. During the term of the Agreement the User will acquire only a right of use that is non-exclusive and non-transferrable and the powers that are explicitly granted pursuant to these Terms and Conditions or otherwise.
14.2 The User is not permitted to remove or change any marks on the software with respect to copyrights, trademarks, trade names or any other intellectual property rights.
14.3 CopyConfirm is permitted to take technical measures to protect the Service software. If CopyConfirm has secured the software by technical means, the User is not permitted to remove or circumvent such security measures.
Article 15 Amendments to the General Terms and Conditions
15.1 CopyConfirm reserves the right to amend or supplement these Terms and Conditions of Use.
15.2 Amendments will also apply in respect of Agreements that have already been concluded. An amendment will not enter into effect until 30 days after notification of the amendment has been given by electronic newsletter. Minor amendments may be made at any time.
15.3 If the User does not wish to accept an amendment to these Terms and Conditions of Use, he or she may terminate the Agreement.
Article 16 Final provisions
16.1 The Agreement is governed by Dutch law.
16.2 Changes in management or legal form will not affect the Agreement.
16.3 Insofar as the relevant provisions of mandatory law do not provide otherwise, any disputes that arise further to the Agreement will be submitted to the competent Dutch court of Amsterdam.
16.4 Partial nullity:
If a provision contained in the Agreement and/or the Terms and Conditions of Use is null and void, that will not affect the validity of the Agreement/Terms and Conditions of Use as a whole. The Parties will lay down a new replacement provision/provisions that will be in line with the purport of the original Agreement/Terms and Conditions of Use to every extent possible under the law.
Contact details
If you have any complaints or comments after reading our Terms and Conditions of Use, please write to us by post or by e-mail.
CopyConfirm B.V.
Keienbergweg 77
1101 GE Amsterdam Zuid-Oost
The Netherlands
info@copyconfirm.com