1. Terms of Service​

1.1. Introduction Terms of Service​

These Terms of Service apply to visiting and using the website ce-assistant.com and to the use of the CE-assistant tool ce-assistant-app.com offered through this website.​

“You” or “Customer” in these Terms of Service means the person accessing the website and, if you are registering or acting as an user on behalf of a company or entity, such company or entity. You represent and warrant that the person accepting these Terms of Service has the authority to do so and that such person has the authority to bind the company or legal entity for which he/she is using the website and/or the CE-assistanttool.​

“CE-assistant” or “We” refers to CE-assistant, a Dutch company established in Westdorpe, Netherlands, Peerboom 3. CE-assistantis the provider of the website and the CE-assistanttool.​

By using this website, you confirm that you agree to the Terms of Service set forth below. If you also use the CE-assistant tool after registering on this Website, you also confirm that you agree to the CE-assistant tool Terms of Service stated below. The Website Terms of Service and the CE Assistant Tool Terms of Service are collectively referred to as the Terms of Service.​

CE-assistant may discontinue or modify the website and/or the CE-assistant tool and/or change the Terms of Service at any time without notice and without any liability to you. Amended terms of service will be effective from the time they are posted on the Website. We advise you to consult the Terms of Service regularly so that you remain informed of any changes. If you visit the website and use the CE-assistant tool after CE-assistant has published the amended version on the website, you now declare that you are bound by that new version. If you do not wish to be bound by those changes, you must refrain from further use of the website and/or the CE-assistant tool.​

2. Website Terms of Service​

2.1 Disclaimer​

Although the content of the website has been compiled with care, CE-assistant cannot guarantee its accuracy or the results obtained by using the tool offered on the Website. CE-assistant, on behalf of itself and its licensors, subcontractors and directors, expressly disclaims all liability for loss or damage resulting from visiting or using the website or any service offered on it.​

2.2 Intellectual Property Rights (IP Rights)​

All intellectual property rights and related rights (such as copyright, trademark rights, patent rights, trade name rights, database rights and neighboring rights as well as rights to know-how and equivalent rights) on the website and the service offered on it remains vested in CE-assistant and its third-party licensors.​

You may only use the website and/or tool for your own purpose and not for an additional purpose and you may not copy or reuse it in whole or in part and/or redistribute it in whole or in part to a third party, other than as is technically necessary to display the website.​

2.3 Login information / privacy​

When uploading or entering personal information (for example to create a user account or register for a newsletter), we use the data provided for the purpose indicated on the web page where this data is entered. We will process data that is personal data in accordance with applicable Dutch privacy legislation.​

You are responsible for maintaining the confidentiality of the username and passwords you use when accessing the website and/or the CE-assistant tool. CE-assistant may assume that you are actually the user if a user logs in with your username and password. If you suspect that the password is or may be known to an unauthorized third party, inform CE-assistant immediately by sending an e-mail to: info@ce-assistant.com.​

Password management is fully automated; If you lose the password, send an e-mail to info@ce-assistant.com. We will contact you to provide you with a new password. ​

To manage and improve the website and the services offered via the website, CE-assistant may collect and processes information about the use of the website and the CE-assistant tool. All this usage data is collected anonymously and in aggregate, except where we use this data to specifically provide or improve our services for you (for example through a cookie as explained below).​

Your company’s administrator can change information such as company and user information. For questions please contact us at info@ce-assistant.com​

​2.4 Use of cookies​

CE-assistant uses cookies for the correct functioning of our website. These cookies are used to operate our software and to maintain anonymous statistics about visitor numbers. Cookies are not shared with third parties or used for marketing purposes.​

 2.5 Governing Law and Choice of Forum​

These Terms of Service are governed by Dutch law. Any disputes between you and CE-assistant regarding the use of the website and/or the CE-assistant tool will be submitted exclusively under Dutch law to the competent court in Breda.​

3. CE-assistant tool Terms of Service​

3.1. Definitions​

CE-assistant: CE-assistant, a Dutch company in Westdorpe, Peerboom 3 Westdorpe.​

Customer: Registered user of the CE-assistant tool.​

Intellectual Property Rights: all copyrights, patents, database rights, rights to trademarks, models, know-how, logos, tutorials, files, confidential information and similar rights (whether registered or not).​

CE-assistant tool: the web-based software application that offers the user a tool to enable CE-marking processes for machinery.​

3.2. Scope of application CE-assistant tool​

3.2.1. Hosting and technical management​

CE-assistant’s CE-assistant tool includes the hosting and technical management by CE-assistant of the CE-assistant tool (Software) at a secure third-party data center. The CE-assistant tool (Software) is implemented by CE-assistant and made available to the Customer ready for use via the internet. Customer can then connect to the CE-assistant tool (Software) via the Internet to configure the CE-assistant tool (Software), send its own data to the CE-assistant tool (Software) and use the CE-assistant tool.​

3.2.2. Service ‘as-is’​

The CE-assistant tool is offered as-is in a subscription form, without any commitment to provide support services. CE-assistant does not guarantee that the CE-assistant tool will operate free of errors or malfunctions, nor does CE-assistant undertake to address or resolve defects in the CE-assistant tool.​

3.2.3. Usage restrictions, users per account/customer​

The Customer may only use the CE-assistant tool (Software) within the scope as technically made available. For each customer 1 administrator account is available. Each project has 1 project supervisor and a limited number of users. CE-assistant may change or restrict this scope at any time without prior notice to the Customer. ​

3.2.4. Use restrictions, general​

The Customer may not copy or use any parts of the CE-assistant tool, expressly including software, concepts, know-how, data, algorithms and other proprietary aspects thereof, except to the extent necessary to use the CE-assistant tool. Furthermore, it is strictly prohibited to modify, alter, decompile, reverse engineer or create derivative works of the CE-assistant tool, or to enable or instruct third parties to do so, except for to the extent that this limitation is prohibited by applicable mandatory law. When using the CE-assistant tool, the Customer must comply with the usage instructions and guidelines in the tutorials/documentation. The Customer may not use the CE-assistant tool in a manner that compromises the integrity or proper functioning of the CE-assistant tool. The customer may not interfere with or disrupt data stored on any location.​

3.2.5. Usage limitation, inactive use of the CE-assistant tool​

If the Customer, using the CE-assistant tool, has not opened it, logged in, for a period of 1 year (365 days), then the account and associated data is deleted by CE-assistant.​

3.2.6. Use for/by third parties is not permitted​

The Customer may only use the CE-assistant tool for its own internal business purposes and may not use the CE-assistant tool through sale, rental, sublicense, time sharing or on any other basis to third parties for make available. The Customer may also not use the CE-assistant tool for the benefit of a third party for any reason, including its resale or its bundling with the services provided by the Customer to third parties.​

The CE-assistant tool may be updated or changed by CE-assistant from time to time without notice.​

3.2.7. Development of CE-assistant tool

​The CE-assistant tool may be updated or changed by CE-assistant from time to time without notice.

3.3 IP Rights, third party license conditions​

3.3.1. Ownership of CE-assistant tool​

All Intellectual Property Rights in or relating to the CE-assistant tool and all modifications thereto, including those modifications that Customer proposes or requests to be made (but excluding Customer Data), are and shall remain fully owned by CE-assistant.​

3.3.2. Ownership of Customer Data​

All data that Customer uploads or transmits to the CE-assistant tool or collects through the CE-assistant tool from its affiliates, expressly including but not limited to any technical documentation and specifications, component specifications and Risk assessments made with the CE-assistant tool are considered Customer Data and are and remain the sole property of Customer and its licensors. CE-assistant will not use the customer data for any purpose other than to provide the Services to the Customer, to manage, maintain and improve the Services and for compliance with applicable law.​

3.3.3. Return of Customer Data​

CE-assistant has no obligation to retain archival copies of Customer Data for Customer and may make back-ups. CE-assistant is not obligated to provide access to it free of charge in the event of accidental deletion of Customer Data. CE-assistant expressly does not guarantee that customer data will not be lost or deleted. ​

3.3.4 Data storage 1​

The CE-roadmap file, risk assessment tool file and any other Microsoft office-based files, including their data entered by the Customer, are stored on a Microsoft SharePoint. On it each Customer has its own site. For each project a new folder is created on this site. Files in a project folder can only be accessed by users appointed by the Customer project supervisor. Appointed users must be logged in the CE-assistant tool to have access to the Microsoft SharePoint folder. These files can only be opened and edited within the SharePoint environment (online) and the online Microsoft application. It is impossible to download, synchronize in a local Microsoft application, rename and/or store these files. Any other limits, conditions or restrictions are determined by Microsoft SharePoint.​

3.3.5 Data storage 2​

Other files than mentioned under 3.3.4, amongst others files uploaded by the customer in the CE-assistant tool are stored on a European server hosted by a European company. Conditions are determined by that company.​

3.4. Legal Compliance​

3.4.1. Responsibility of the Customer for lawful use​

The Customer is fully responsible for the manner of using the CE-assistant tool, all uploaded and entered data and so on. The Customer will always ensure that all such use and data is in accordance with applicable law, does not violate the rights of third parties (explicitly including intellectual property rights and trademark rights) and does not constitute an unlawful act against a third party. Furthermore, the Customer does not use the CE-assistant tool in any way to send obscene, threatening, defamatory, fraudulent or otherwise unlawful or offensive messages.​

3.4.2. Right to Suspend Services​

CE-assistant reserves the right to block any use of the CE-assistant tool, expressly including sending messages through the CE-assistant tool, that it reasonably considers to be a violation of these terms and conditions, applicable law or third-party rights.​

3.4.3. Privacy legislation​

When you register with CE-Assistant as an administrator, we include your email address in our externally hosted service messaging system. User email addresses, entered by the Customer’s administrator, will also be included in our externally hosted service messaging system. No other personal data will be processed in any way. It is up to the Customer’s administrator to use real personal data while managing users or to use nicknames.​

3.4.4. Final responsibility​

CE-assistant provides advice on machine safety and CE-marking processes based on applicable legislation, directives, regulations and standards through the CE-assistant tool (software). This is expressly done without acceptance of any liability or responsibility. CE-assistant is not a legal advisor or law firm. The ultimate responsibility for ensuring compliance with applicable product legislation always is and remains the product manufacturer’s responsibility. Therefore, the responsibility of using the CE-assistant tool rests with the Customer at all times and remains with the Customer at all times.​

3.4.5. DISCLAIMER ACCURACY CE-ASSISTANT​

The CE-assistant tool uses various formats for dedicated groups of machinery. Relevant legislation, directives, regulations and standards are included in the CE-assistant tool of each format. However, the Customer is at all times advised not to base his final decisions solely on this. This is especially the case with national legislation, guidelines and standards which is not included in the CE-assistant tool.​

3.5. Limitation of Liability​

3.5.1. Liability limited to direct damage​

The total liability of CE-assistant to the Customer regarding the Services of CE-assistant due to breach of contract, tort or pursuant to any other legal basis is completely excluded.​

3.5.2. No limitation​

The limitations mentioned in the previous paragraph of this article do not apply if and insofar as the damage or injury is the result of intent or negligence on the part of CE-assistant.​

3.5.3. Exclusion of liability for indirect damage​

CE-assistant is never liable to the Customer or to third parties for consequential damage, incidental damage, damage to data, loss of turnover, loss of profit, missed savings, damage resulting from the use of the output of the CE-assistant tool, damage to reputation, regardless of whether this damage arises from a tort, contract or other claim, even if CE-assistant has been informed of the risk of this damage. These provisions also apply to the employees of CE-assistant and the subcontractors that CE-assistant uses in the performance of its obligations towards the Customer.​

3.5.4. Notification obligation and damage limitation​

Any claim for damages against CE-assistant must be reported to CE-assistant immediately after the Customer becomes aware of it and the Customer must make all reasonable efforts to prevent or limit the damage. Such claims expire after twelve (12) months after the event to which the claim relates first occurred.​

3.5.5. Claims from third parties​

The Customer indemnifies CE-assistant and holds CE-assistant harmless from and against claims from third parties and the associated reasonable legal costs caused by the use of the CE-assistant tool by the Customer, expressly including claims from third parties caused by a violation of the rights of those third parties or of applicable privacy legislation or other legislation by the Customer during the use of the CE-assistant tool.​

3.6. Confidentiality​

3.6.1. Obligation of confidentiality​

Each party (Recipient) undertakes towards the other party (the Disclosing Party) to maintain confidentiality with regard to all information on any medium and in any format (regardless of whether or not it is designated as “confidential”) relating to the company, activities, software or customers of the Disclosing Party that the Recipient receives directly or indirectly from the Disclosing Party and that can reasonably be considered confidential (Confidential Information).​

3.6.2. Restriction on use​

The Recipient may only use the Confidential Information for the purpose of carrying out the activities set out in this agreement. The Recipient may only provide its employees, directors, subcontractors and professional advisors (Authorized Users) with access to the Confidential Information, solely to the extent that they need this information for this purpose (“need to know”). The Recipient ensures that each of its Authorized Users is obliged to maintain confidentiality with regard to all Confidential Information. If an Authorized User is not an employee or director of the Recipient (and does not have a duty of confidentiality by virtue of his profession), the Recipient will ensure that the Authorized User enters into a written obligation of confidentiality with the Recipient under substantially the same conditions as stated in this article.​

3.6.3. Exceptions​

This Article does not apply to information that:​

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3.6.4. User statistics​

CE-assistant may use user statistics about the use of the CE-assistant tool for the management and maintenance and further improvement of the CE-assistant tool, on the understanding that CE-assistant does this in such a way that third parties cannot directly or indirectly gain access or provide themselves with direct or indirect access to information that can be traced back to the Customer or directly linked to the Customer.​

3.7. Other​

3.7.1. Transfer of rights​

Customer may not assign the rights to use the CE-assistant tool, including but not limited to the right to use the CE-assistant tool, to a third party or in any other way to a third party transfer. CE-assistant may transfer its rights and obligations towards the Customer by written notice to the Customer to a party to which it transfers its assets and activities in connection with the CE-assistant tool.​

3.7.2. Rejection of third-party purchasing conditions​

The applicability of the Customer’s purchasing conditions or other general terms and conditions is expressly rejected.​

3.7.3. Applicable law​

These terms and conditions and all agreements to which they apply are governed by Dutch law.​

3.7.4. Dispute resolution​

All disputes arising in connection with these terms and conditions or an agreement to which they apply will be submitted exclusively to the competent court in Breda.​

3.8. IP Disclaimer​

3.8.1. IP Indemnification Obligation​

To the best of CE-assistant’ s knowledge, the Services do not infringe any third-party Intellectual Property Rights when used in accordance with the applicable terms. CE-assistant will, as its sole and exclusive remedy, defend the Customer at its own expense against a claim by a third party alleging that the use of the CE-assistant tool by the Customer infringes the Intellectual Property Rights of a third party (IP claim).​

3.8.2. Conditions for IP Indemnity​

CE-assistant will pay all costs, damages and attorney’s fees that a court ultimately awards because of such an IP Claim or make all payments in connection with a settlement agreed by CE-assistant with that third party regarding that IP Claim. Claim, on the understanding that:​

3.8.3. Remedy of infringement​

If an IP Claim is initiated or, in the reasonable opinion of CE-assistant, is likely to be initiated, this will be at the discretion of CE-assistant.​