Terms and Conditions

These terms apply to businesses and professionals who create an account for one of Nu-Art Software's products. The general sections apply to every product. Each product also has its own section. If a product section differs from the general sections, the product section prevails for that product.

These terms also apply to custom software work where our project agreement with you refers to them. Section 11 describes how they apply.

Product sections: Calendar Booking

1. Who we are#

Our products are provided by:

Nu-Art (eenmanszaak), trading as Nu-Art Software
Grindberglaan 2, 7313 HG Apeldoorn, the Netherlands
Chamber of Commerce (KvK): 42162856
VAT number: NL005547929B44
support@nu-art-software.com

2. Accepting these terms#

We show you these terms before you create an account. You accept them by creating an account. You can save or print these terms at any time.

If you create an account on behalf of a business, you accept these terms on behalf of that business and confirm that you are authorised to do so.

Our products are intended for business use. If consumer law nevertheless applies to you, nothing in these terms limits your rights under that law.

Our Privacy Policy explains how we handle personal data.

3. Your account#

You must keep your account details accurate and your sign-in secure. You are responsible for all activity in your account. If you believe that someone else has access to your account, you must inform us immediately.

4. Acceptable use#

You may not use our products to:

• break the law or infringe the rights of others;
• send spam, mislead others or impersonate any person;
• collect personal data without a lawful basis;
• distribute malware, or probe, overload or disrupt our systems;
• circumvent plan limits, security checks or access controls;
• resell a product or share your account, unless the relevant product section permits this.

If these rules are broken through your account, we may remove content or restrict your account. Where possible, we will inform you in advance.

5. Plans, fees and billing#

Each product has a free plan, paid plans, or both. The features, limits and prices of each plan are shown on our website and in the product.

Paid plans are billed in advance for each billing period and renew automatically until you cancel. Prices are shown excluding VAT. VAT is added at checkout where applicable. Our payment processor handles checkout, subscriptions and payments.

If a payment fails and is not resolved, your account is moved to the free plan. If the product has no free plan, your account is paused.

We may change our prices. If you are on a paid plan, we will notify you at least 30 days before a new price applies to you. You may cancel before the new price takes effect.

6. Cancelling your plan or closing your account#

You can cancel a paid plan at any time in the product's billing settings. Your plan remains active until the end of the period for which you have paid. It is not renewed after that period. We do not refund partial periods unless the law requires us to do so.

To close your account, email support@nu-art-software.com. Each product section describes what happens to your data.

7. Our products and your content#

We own our products, including their software, design and names. You may use our products while these terms apply. You receive no other rights in them.

You own the content you enter into our products. You permit us to use that content only to provide, secure and support the products for you.

If you send us feedback or ideas, we may use them freely.

8. Availability and changes to products#

We work to keep our products operational and secure. We cannot guarantee that they will always be available or free of errors. Maintenance and updates may occasionally interrupt them. Some features depend on services provided by third parties.

We may change and improve our products. If we remove a feature that is central to a paid plan, or discontinue a product, we will notify you at least 60 days in advance. We will refund any prepaid fees for the period after the feature or product is withdrawn.

9. Liability#

We are liable only for direct loss caused by our failure to comply with these terms. We are not liable for indirect loss, such as loss of profit, loss of revenue, loss of data or business interruption.

Our total liability is limited to the fees you paid us in the 12 months before the event that caused the loss. If you use only free plans, our total liability is limited to €100.

These limitations do not apply to loss caused by our intent or deliberate recklessness, or where the law does not permit them.

10. When we may suspend or close your account#

We may suspend or close your account if you seriously or repeatedly breach these terms, fail to pay, or put our products or other users at risk. Unless the matter is urgent or the law prevents it, we will notify you first and give you an opportunity to resolve the problem.

We may also close your account for other reasons. In that case, we will give you at least 30 days' notice and refund any prepaid fees for the period after closure.

11. Custom software work#

When we design or build software for you, a written agreement for that project sets out the scope, fees, deliverables and timeline. If that agreement refers to these terms, we provide you with a copy of these terms together with the agreement. These terms then apply to the project. If the project agreement and these terms differ, the project agreement prevails. Unless the project agreement states otherwise, it transfers to you the rights in the work we deliver, once you have paid for that work. We retain our own methods, tools and pre-existing materials, and we may reuse them.

12. Changes to these terms#

We may update these terms. If a change affects you, we will notify you by email at least 30 days before it takes effect. If you do not agree to the change, you may cancel before it takes effect. We will then refund any prepaid fees for the period after cancellation.

13. Transferring our agreement#

We may transfer our agreement with you to another person or company that takes over our business or a product. By accepting these terms, you agree to such a transfer. We will inform you of it in advance. If you do not wish to continue, you may cancel.

14. Law and disputes#

These terms are governed by Dutch law. Disputes are submitted to the Rechtbank Gelderland (the district court for Apeldoorn), unless the law entitles you to bring proceedings before another court.

If you have a complaint, please contact us first at support@nu-art-software.com. We will try to resolve it with you.

Calendar Booking#

Calendar Booking allows businesses to display their availability and accept appointments through a booking form on their own website or booking page.

Calendar Booking offers a free plan and paid plans. Limits, such as the number of bookings per month, depend on your plan.

Your booking form#

• The booking form works only on the websites you add in your settings. If you believe that someone is misusing your form, you can replace its embed code in your settings.
• You are responsible for the websites on which you place the booking form.
• Appointments are made between you and the people who book them. We are not a party to these appointments. You are responsible for your services, cancellations and communication with the people who book.

Your Google Calendar#

Calendar Booking requires access to your Google Calendar to display your availability and to add, change and remove bookings. Booking events, and any invitations that Google sends for them, are created in your own Google account. Google's terms apply to that account.

If Google is unavailable or you remove our access, people cannot book with you. We are not liable for this.

Processing booking data for you#

When people book with you, you are responsible for their details (in legal terms, you are the controller under the GDPR). We process those details on your behalf, as your processor. This section is our data processing agreement under Article 28 of the GDPR. It applies automatically when you use Calendar Booking. If this section conflicts with any other part of these terms, this section prevails.

What we process.

• Activities and purpose: we take bookings on your behalf. We record them, add them to your calendar, send confirmations, and process changes and cancellations.
• Individuals concerned: people who book, or attempt to book, an appointment with you.
• Types of data: name, email address, appointment time, booking status and video meeting link, as well as company and message where your form requests them.
• Duration: for as long as your account is open, and until we delete the data as described under "Deletion".

Your instructions. We process this data only on your documented instructions. Your instructions consist of these terms, your settings and anything you ask us to do in writing. By using Calendar Booking, you instruct us to make the transfers described in this section. If the law requires us to process the data in another way, we will inform you before we do so, unless the law prohibits this. If we believe that an instruction infringes data protection law, we will inform you immediately.

Our own use. We do not use this data for our own purposes, with one exception. To protect Calendar Booking against bots and abuse, a security service checks information from the browser and device of the person booking, such as their IP address. We also limit repeated attempts, using their IP address and email address. This use is our own responsibility and is covered by our Privacy Policy.

Confidentiality. Everyone who processes this data for us is bound by a duty of confidentiality.

Security. We protect the data with appropriate technical and organisational measures. These include encrypting the data during transmission and storage, and limiting access to people who need it.

Subprocessors. Subprocessors are providers that process booking data on our behalf. You authorise us to use the following categories of subprocessors:

We will provide their names on request. We will notify you by email at least 30 days before we add or replace a subprocessor. You may object within that period on reasonable data protection grounds. If we cannot resolve your objection, you may cancel. We will then refund any prepaid fees for the period after cancellation.

Each subprocessor is bound by the same data protection obligations as those in this section. We remain responsible to you for their work.

Your Google Calendar is a service that you connect yourself. It is not our subprocessor. Booking data that we add to it is held by Google under your agreement with Google.

Transfers. Where a subprocessor processes data outside the European Economic Area, we rely on the EU-US Data Privacy Framework for certified providers, or on the European Commission's Standard Contractual Clauses. You may request a copy of these clauses.

Assistance. To the extent we reasonably can, we assist you with:

• responding to people who exercise their data protection rights;
• keeping the data secure and dealing with data breaches;
• carrying out data protection impact assessments or consulting a data protection authority, where required.

If someone contacts us directly about their rights, we forward the request to you.

Data breaches. If a data breach affects this data, we will notify you without undue delay, and no later than 48 hours after becoming aware of it. We will provide the information you need to meet your own obligations.

Deletion. When you close your account, we delete this data within 30 days, unless the law requires us to retain it. Before you close your account, you may request a copy of the data. You may also ask us to delete specific bookings at any time.

Demonstrating compliance. On request, we will provide the information you need to demonstrate that we meet these obligations. We will also allow and contribute to audits and inspections by you or by an auditor you appoint. Audits require reasonable notice and are carried out at your expense. They take place no more than once a year, unless there has been a personal data breach or a breach of this section.

Your responsibilities. You must ensure that you have a lawful basis to collect booking data. You must also inform the people who book with you how you use their data, for example in your privacy notice.