Article 1 – Identity and definitions
ZoppaBox is an online software service for music associations and other musical organisations.
In these terms, the following definitions apply:
- ZoppaBox: the business that provides the ZoppaBox service.
- Association: the association, foundation, music group, organisation or other business user that enters into an agreement with ZoppaBox.
- User: any natural person who is given access to ZoppaBox by or on behalf of the Association.
- Service: the ZoppaBox platform, including the web application, mobile applications and related services.
- Account: a User's personal access to ZoppaBox.
- Subscription: the agreement under which the Association uses ZoppaBox.
- Content: all data, documents, sheet music, photos, audio, messages and other files entered or uploaded by the Association or its Users.
Article 2 – Applicability
- These terms apply to every offer made by ZoppaBox, every agreement between ZoppaBox and the Association and all use of the Service.
- Deviations are only valid if agreed in writing or electronically.
- The Association's general terms and conditions do not apply, unless ZoppaBox has expressly accepted them.
- If any provision proves to be wholly or partly invalid or unenforceable, the remaining provisions remain in force.
Article 3 – Formation of the agreement
- An agreement is formed when the Association accepts an offer, starts a trial period or takes out a subscription.
- The person acting on behalf of an Association declares that they are authorised to represent the Association.
- The agreement is concluded with the Association and not with individual members or Users.
- ZoppaBox may refuse an application on reasonable grounds.
Article 4 – The Service
- ZoppaBox provides software for organising and supporting music associations and other musical organisations.
- The Service may include, among other things, features for calendars, attendance, member management, music groups, repertoire, sheet music, documents, lessons, communication, photos, equipment management, websites, events, tickets, donations and other association activities.
- Which features are available may depend on the chosen subscription.
- ZoppaBox is under continuous development. Features may be added, changed or replaced.
- ZoppaBox makes efforts to prevent changes from significantly restricting the essential functionality of a paid subscription without good reason.
- ZoppaBox may implement changes immediately where necessary for security, legal or technical reasons.
Article 5 – Trial period, subscription and payment
- ZoppaBox may offer a free trial period.
- Current subscriptions, prices and included features are published on zoppabox.com.
- Unless stated otherwise, subscriptions can be cancelled monthly.
- After cancellation, the Association retains access to the paid Service until the end of the period already paid for.
- ZoppaBox may change its prices. Price changes for existing subscriptions will be announced in advance.
- In the event of late payment, ZoppaBox may, after a reasonable reminder period, suspend paid features in whole or in part.
Article 6 – Accounts, roles and access rights
- The Association determines which persons are given access and which roles and rights they receive.
- Accounts are personal and login credentials must not be shared with unauthorised persons.
- The Association is responsible for careful management and timely adjustment or revocation of access rights.
- ZoppaBox may make additional security measures, including two-factor authentication, available or mandatory.
- If there is a reasonable suspicion of misuse, unauthorised access or a security risk, ZoppaBox may temporarily block an Account or take other reasonable measures.
Article 7 – Use of and responsibility for Content
- The Association and its Users use ZoppaBox only for lawful purposes.
- The Association is responsible for the accuracy, lawfulness and content of data and Content it processes via ZoppaBox.
- The Association warrants that it holds the necessary rights to process and make available Content via ZoppaBox.
- This applies in particular to copyright-protected material, including sheet music, arrangements, photos, audio and documents.
- ZoppaBox does not acquire ownership of the Association's Content.
- The Association grants ZoppaBox only the right of use that is technically necessary to provide the Service.
Article 8 – ZoppaBox intellectual property
- All intellectual property rights in ZoppaBox, including software, source code, design, documentation, trade name and features developed by ZoppaBox, remain with ZoppaBox or its licensors.
- For the duration of the agreement, the Association receives a non-exclusive, non-transferable right of use.
- It is not permitted to copy, resell, reverse engineer or otherwise exploit ZoppaBox beyond normal use without permission, to the extent the law permits such a restriction.
Article 9 – Availability, maintenance and outages
- ZoppaBox makes efforts to keep the Service reliable and available.
- No guaranteed availability percentage or Service Level Agreement applies, unless separately agreed in writing.
- ZoppaBox may temporarily take the Service out of use, in whole or in part, for maintenance, updates, security work or outage recovery.
- Planned maintenance with significant consequences will be announced in advance where reasonably possible.
- ZoppaBox makes efforts to investigate and resolve outages as quickly as reasonably possible.
Article 10 – Third-party providers
- ZoppaBox may engage third-party providers for, among other things, hosting, cloud infrastructure, storage, authentication, email, push notifications, payments, monitoring and security. An up-to-date overview is available on the Sub-processors page.
- Where such parties process personal data on behalf of ZoppaBox, the arrangements in the Data Processing Agreement also apply.
- To the extent permitted by law, ZoppaBox is not liable for an outage or failure caused solely by a third-party provider and reasonably beyond ZoppaBox's control.
- In the event of such outages, ZoppaBox makes efforts to take appropriate measures and limit the consequences for the Service.
Article 11 – Data, continuity and backups
- ZoppaBox takes reasonable technical and organisational measures to protect data and support the continuity of the Service.
- No digital system can guarantee absolute availability or protection against data loss.
- Technical backups and recovery facilities are primarily intended for recovery and continuity of the Service and do not constitute an individual archive for the Association.
- The Association remains responsible for keeping its own copies of data or files for which it reasonably does not want to rely solely on ZoppaBox.
- Where export or download functionality is available, the Association is responsible for using it in good time.
Article 12 – Personal data
- For personal data that the Association processes via ZoppaBox for its own purposes, the Association is in principle the controller and ZoppaBox the processor within the meaning of the GDPR.
- The ZoppaBox Data Processing Agreement applies to this.
- For personal data that ZoppaBox processes for its own business operations, including customer administration, invoicing, security and support, ZoppaBox may be an independent controller.
- The Association is responsible for the lawfulness of, and legal basis for, personal data it processes via ZoppaBox.
Article 13 – Special categories of personal data
- The Association determines which data it records within the available features of ZoppaBox.
- Free text fields, custom fields, documents, photos, messages or other Content may contain data that qualify as special categories of personal data within the meaning of the GDPR.
- The Association determines whether processing such data is necessary and lawful and is responsible for a valid legal basis.
- The Association must restrict access to such data to persons for whom access is genuinely necessary.
- ZoppaBox processes such data only in accordance with the Data Processing Agreement when acting as processor.
Article 14 – Liability
- ZoppaBox performs the agreement with due care.
- To the extent permitted by law, ZoppaBox is not liable for indirect damage, consequential damage, lost revenue, missed savings, business interruption or reputational damage.
- To the extent permitted by law, ZoppaBox's total liability towards an Association is limited to the amount the Association concerned actually paid ZoppaBox in the twelve months preceding the event causing the damage.
- If the agreement has lasted less than twelve months, the amount actually paid during that period applies.
- Related events, errors or claims arising from the same cause or connected with each other are treated as a single event for the purposes of this limitation of liability.
- The Association is itself responsible for, among other things:
- the accuracy of its records;
- the roles and authorisations it chooses;
- revoking access in good time;
- the lawfulness of its processing of personal data;
- the lawfulness of Content it uploads.
- A claim for damages must be reported to ZoppaBox in writing as soon as possible after discovery, so that ZoppaBox can investigate the cause and extent and, where possible, limit the damage.
- The limitations in this article do not apply in the event of intent or deliberate recklessness on the part of ZoppaBox, nor to the extent that limitation is not permitted under mandatory law.
Article 15 – Force majeure
- ZoppaBox is not liable for failures resulting from circumstances reasonably beyond its control.
- This may include, among other things, large-scale internet, cloud, network or power supply outages, natural disasters, government measures, serious cyberattacks and outages at essential suppliers.
- ZoppaBox makes efforts to limit the consequences as far as possible.
Article 16 – Tickets, events and donations
- When an Association offers events, tickets or donations via ZoppaBox, the Association remains responsible for the event concerned, the performance offered, any refunds, tax obligations and communication with buyers or donors.
- ZoppaBox facilitates the technical functionality and is not the organiser of the event or the recipient of a donation, unless expressly stated otherwise.
- Third-party payment providers may be used for payments.
- Any additional transaction fees are stated with the relevant feature or on the website.
Article 17 – Websites
- If the Association uses the ZoppaBox website functionality, the Association remains responsible for the content it publishes via its website.
- The Association is responsible for the lawfulness of texts, images, photos, links and other published Content.
- ZoppaBox facilitates the technical publication of the website but is not responsible for the content the Association places on it.
Article 18 – Termination, export and deletion
- After the subscription ends, the Association's right of use lapses.
- For 30 days after termination, the Association has the opportunity to export suitable data and download its own files, to the extent these options are technically available.
- After this period, ZoppaBox may delete data from the active environment.
- Data may then remain in technical backups for a maximum of 30 days, until they are deleted or overwritten according to the regular retention cycle.
- Data subject to a statutory retention obligation may be kept for longer.
- ZoppaBox does not use data that remain only in backups for purposes other than security, technical recovery or compliance with legal obligations.
Article 19 – Support
- ZoppaBox provides support via the contact options stated on the website or in the Service.
- No guaranteed response or resolution times apply unless separately agreed in writing.
- ZoppaBox may prioritise issues based on severity, impact and security risk.
Article 20 – Changes to these terms
- ZoppaBox may change these terms when developments in the Service, business operations, security or legislation give reason to do so.
- Material changes will be announced in advance.
- If a change materially adversely affects an Association's position, the Association will, where reasonable or legally required, be given the opportunity to terminate the agreement before the change takes effect.
Article 21 – Governing law and disputes
- The agreement is governed by Dutch law.
- The parties will first try to resolve any dispute through mutual consultation.
- If this fails, the dispute will be submitted to the competent court under Dutch law.
Article 22 – Contact
For questions about these terms, please contact us at info@zoppabox.com.
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