01.
ISOPlanner™ Application
These Terms of Service apply to the isoplanner.app website (the “Service”). For use of the ISOPlanner™ Application at portal.isoplanner.app (the “Application”), the Standard Contract for Microsoft commercial marketplace.
For use of the ISOPlanner™ Application the Data Protection Agreement also applies. All ISOPlanner™ users are required to purchase the ISO/IEC standards they plan to use in ISOPlanner™ before doing so.
02.
Accounts
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.
03.
Compliance with ISO Standards
ISOPlanner™ is designed to assist you in preparing for ISO certification by providing tools and resources that facilitate compliance. However, we do not guarantee that the use of our platform will result in successful certification. The responsibility for ensuring full compliance with ISO standards remains solely with you, the user.
04.
Subscription Service
In consideration for payment of the subscription fees, we shall provide you with remote computer access to our Service for the subscription period specified in your contract with us. This right to use is granted solely for your internal business use and only during the subscription period. Except for this limited usage right during the subscription period, nothing in these Terms or your contract with us grants you any rights, title or interest in the Service.
We reserve the right to increase the subscription fees on an annual basis. Any increase in subscription fees will be communicated to you at least 30 days in advance and will apply from the start of the next subscription period. In the event that you fail to pay the subscription fees by the due date, we reserve the right to suspend your access to the Service until full payment is received. If paymentis not made with
05.
Intellectual Property
Our Service may contain links to third-party web sites or services that are not owned or controlled by ISOPlanner B.V. ISOPlanner B.V. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ISOPlanner B.V. 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.
06.
Links To Other Web Sites
All data is hosted 100% within the European Union. ISOPlanner™ is ISO 27001 certified and GDPR compliant by design — not as an afterthought.
07.
Data Portability and Termination
Your contract with us shall remain in force for the subscription period and shall automatically renew for additional terms each equal in duration to the subscription period unless terminated by either party by notice to the other party no less than 14 days prior to the date of the expiration of the then current subscription period.
We may terminate or suspend your account immediately, without prior notice or liability, if you breach the Terms.
Termination of your contract with us shall not relieve you of your obligations to pay the subscription fees owed for the subscription period. No refunds of subscription fees will be provided for early termination. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You have the right to export your own customer data from the Service at any time during your subscription period, including during trial subscriptions. Documentation stored by you in your own environment is not part of the Service and remains accessible to you after termination.
Exports can be generated directly by you at any time without limitation in frequency or scope. Data can be exported in Word or Excel format. No additional consultancy or support services for migration are provided by us.
Data portability applies only to data that you have lawfully stored in the Service. Our standard software, configurations, algorithms, metadata, log files, and the relations between risks and measures are not subject to export. Nothing in these Terms obliges us to provide the Service on multiple cloud environments. We only facilitate export functionality from the current environment in which the Service is provided.
We do not charge any additional fees for export. However, we exclude all liability for any incomplete or inaccurate data exports, data loss, or errors occurring during or after export. You acknowledge that not all data may be exported and that certain relations or structures may not be preserved.
08.
Data Security and Confidentiality
We are committed to maintaining the security and confidentiality of your information. We implement industry-standard measures, including encryption and regular security audits, to protect your data from unauthorized access or disclosure.
In the event of a data breach affecting your information, we will notify you within 72 hours of becoming aware of the breach, providing relevant details and the steps we are taking to mitigate the impact.
09.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or course of performance. We strive to ensure the availability of the Service at all times. However, we do not guarantee that the Service will be available at all times, and we reserve the right to take the Service offline for maintenance or upgrades.
10.
Privacy
Your privacy is important to us. Please refer to our Privacy Policy at https://isoplanner.app/privacy-policy/for information on how we collect, use, and share your personal data. By using the Service, you agree to the terms of our Privacy Policy, including our data protection practices and how we handle third-party services.
11.
Infringement
The intellectual property rights (“IPR”) in the Service are and shall remain at all times vested in us. We shall indemnify you against any damages that may be awarded under any final judgment by a court of competent jurisdiction or agreed in final settlement in respect of any claim or action brought against you on the basis that your access to the Service in accordance with and subject to these Terms infringes the IPR of any third party. We shall not be liable for any loss, damages or costs arising because of: (i) your negligence, wrongful acts or omissions or breach of these Terms; (ii) your access to the Service in any manner other than as permitted under these Terms; or (iii) infringement caused by a design, specification, instruction, modification or enhancement given, furnished or requested by you. You agree to indemnify and hold harmless ISOPlanner B.V., its affiliates, employees, and licensors from and against any claims, damages, losses, or expenses, including legal fees, arising out of your use of the Service, your breach of these Terms, or your violation of any third-party rights, including intellectual property rights.
12.
Limitation of Liability
Neither we or you are liable for indirect or consequential damages, including but not limited to loss of software, loss or corruption of data, loss of profits or revenues, loss of contracts, business interruption, loss of goodwill or reputation, wasted expenditure or anticipated savings.
Our liability for direct damages resulting from an attributable failure to perform under these Terms shall be limited to the following categories:
- reasonable expenses incurred to mitigate or limit further damages;
- costs directly related to obtaining equivalent services or products in the event of a failure to deliver the Service as agreed.
Our liability for an attributable failure to perform under your agreement with us or on any legal ground whatsoever is limited to direct damages and up to the amount paid or payable by you to us in the 12 months preceding the damage causing event.
Our entire liability under or in connection with these Terms shall at all times be limited to a maximum amount of EUR 10,000 or the amount the insurance company pays out.
Nothing in these Terms shall operate to exclude or limit either party’s liability for death or personal injury resulting from negligence, or for damages caused by intent or conscious recklessness, or any other liability which cannot be excluded or limited under applicable law.
13.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Netherlands without regard to its conflict of law provisions. Any disputes arising from or in connection with these Terms shall be submitted to the courts of The Hague, location Gouda.
14.
Miscellaneous
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.
When any product of Instant Management Systems B.V. is bought through ISOPlanner™, their Terms and Conditions also apply.
15.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes.
Changes will take effect at the end of your current subscription period. If you agree to the changes, you can continue using the Service. If you object to the changes, you can terminate at the end date of your subscription period.
By continuing to access or use our Service after changes 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.
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