Terms of Service for Crunchable

Published on: 2nd of September, 2024

These are the terms and conditions of PWLR B.V. ("Crunchable"), a company located at Parnassuspad 6, Rotterdam. Crunchable is registered with the Chamber of Commerce under number 66521955.

1. Applicability

  1. These terms and conditions apply to all services of Crunchable, to every agreement that is established between Crunchable and a User (as defined below) of our website https://crunchable.app (the "Website") and all legal relationships and (legal) actions arising therefrom.
  2. By using the Website and the services of Crunchable, you agree to be bound by these terms and conditions.
  3. "Users" refers to all natural persons and all legal entities that visit the Website, log in to the Website, and/or use, share, and/or post information provided on the Website.
  4. Crunchable will send the terms and conditions free of charge upon request. The terms and conditions are also available at https://crunchable.app.
  5. The above definitions are used in these terms and conditions in both singular and plural forms.

Crunchable offers an online platform where a user can calculate various financial scenarios regarding their own business. A digital assistant based on AI is provided to take manual tasks off your hands and help in developing these various scenarios.

2. Use of the Website

  1. Users must comply with Dutch and other applicable laws and regulations when using the Website.
  2. Users may not distribute the following via the Website:
    1. Plagiarism and/or previously published content;
    2. Pornographic videos, images, or other media with erotic content;
    3. Texts or images that are offensive, racist, discriminatory, or inciting hatred;
    4. Unsolicited advertising (spam);
    5. Incorrect or misleading information; and/or
    6. Viruses, malware, spyware, or other software intended to harm the computers of us or other Users.
  3. Users may not create an account under someone else's name or impersonate someone else in any way.
  4. Users may not approach other Users for commercial purposes other than those for which the Website is intended.
  5. If a User wishes to report another User who is abusing the Website, they can send a message to hello@crunchable.app.
  6. Crunchable reserves the right to modify or omit the information provided to the User before it is made known to Users and/or published on the Website.

3. Account

  1. Users must be at least 16 years old to create an account.
  2. Users must keep their account login details confidential from others.
  3. Users must keep their password strictly confidential. Crunchable may assume that everything that happens on or with the User's account is done by the User or under the User's supervision.
  4. If a User thinks or knows that their account is being abused, they must report it to Crunchable as soon as possible. Crunchable will take appropriate measures in that case.
  5. The User is responsible for their behavior and any data, text, files, information, usernames, images, photos, profiles, graphic art, works protected by copyright, links, and other content or materials.
  6. Users are themselves responsible for the confidential information they provide to Crunchable or for omitting confidential information.
  7. Crunchable is entitled to determine at its discretion whether an account will be granted.
  8. Crunchable has the right at all times to modify or delete accounts, profiles, data, and other information. Additionally, Crunchable has the right to deny Users access to the Website for a specific or indefinite period.
  9. If Crunchable believes that a User is violating the law or these terms and conditions, Crunchable may exclude the User (partially) from the Website.

4. Rates and Payment

  1. All prices charged by Crunchable are exclusive of VAT.
  2. The subscriptions of Crunchable are offered for a fixed amount per month. The costs for a subscription will be paid monthly by direct debit.
  3. The duration of the subscription is 12 months. The subscription can be canceled monthly after the first tacit renewal.
  4. In the event of non-payment or late payment, the User is in default without a formal notice of default.
  5. If a User is in default, for example because amounts due cannot be collected by Crunchable, Crunchable is entitled to terminate the account of the relevant User.
  6. Crunchable is authorized to increase the rates if:
    1. In the case of legal price increases;
    2. Within three months after the conclusion of the agreement and this is the result of legal regulations or provisions; and/or
    3. From three months after the conclusion of the agreement, if the increase is not unreasonable.

5. Liability

  1. Crunchable is not a party to the agreements that are established between Users and is therefore not responsible for the agreements between Users.
  2. Crunchable is only liable for direct damage that has arisen due to gross negligence or intent of Crunchable and up to a maximum of the amount stated in the invoice.
  3. Crunchable is not liable for damage that is the result of or may be the result of any action or omission in response to the information on the Website.
  4. Crunchable takes all reasonable care to secure the data of Users and third parties. Crunchable is not liable for loss of data or unauthorized access to data that occurs despite the care taken by Crunchable.

6. Intellectual Property Rights

  1. It is not permitted to modify the source code of the Website, create derivative works, decompile, or otherwise obtain or edit it, except when this is expressly permitted under an open-source license or when explicit written permission has been obtained.
  2. The name and logo of Crunchable are trademarks of Crunchable and may not be copied, imitated, or used in whole or in part without prior written permission from Crunchable.

7. Complaints

Complaints submitted to Crunchable will be answered within a period of 30 days, calculated from the date of receipt.

8. Engagement of Third Parties

Crunchable is entitled to engage third parties in the exercise of its services, where necessary.

9. Invalidity

If a provision of these terms and conditions is found to be void or unenforceable, Crunchable and the User remain bound by the other provisions of this document.

10. Changes

Crunchable reserves the right to unilaterally amend, supplement, and/or change these terms and conditions at any time.

11. Other Provisions

Crunchable may make adjustments to the design or functioning of the Website at any time.

12. Applicable Law and Jurisdiction

  1. All Agreements, the Terms and Conditions, and all non-contractual rights and obligations arising therefrom are governed in all respects by Dutch law.
  2. All disputes between the parties that may arise from an Agreement and/or the Terms and Conditions, or from agreements resulting therefrom, will initially be settled by the competent court of Amsterdam.