Article 1 – Definitions / General

1.1 Download computer: the computer/computer network that contains the data carrier on which the User requests the delivery of the digital file.

Agreement: Agreement between 4U Solutions B.V. and a legal entity or a natural person (hereinafter referred to as “the User”), whereby the User obtains the right to receive the regulated Software on a subscription basis for a certain or indefinite period, annually, at an agreed price of “€27,25 / year, excluding VAT”.

Software: Freeware EasyFWD as well as the non-freeware web application EasyAnanlyse provided by 4U Solutions B.V., located in Amsterdam, registered with the Chamber of Commerce under number 34144345.

User: Any visitor to the website, as well as any natural person or legal entity that is or will be in a contractual relationship of any kind with 4U Solutions B.V.

1.2 4U Solutions B.V. is authorized and entitled to use third parties in the execution of the Agreement with the User.

1.3 4U Solutions B.V. reserves the right to exclude the User from any further use of the Software or otherwise, if they act in violation of these Terms in any way, without prejudice to 4U Solutions B.V.’s right to take legal action and claim damages against the excluded User to the extent that damage has been incurred.

Article 2 – Applicability

2.1 These Terms and Conditions apply to all offers, orders, and agreements of 4U Solutions B.V., to the exclusion of any other general terms and conditions. The Terms and Conditions are filed with the Chamber of Commerce in Amsterdam under number 34144345 and will be provided upon request. The Terms and Conditions are also available on the internet or can be consulted upon request, at https://www.easyfwd.com.

2.2 The use of the website of 4U Solutions B.V., the acceptance of an offer, or the placement of an order implies that the User accepts the Terms and Conditions, as well as the other rights and obligations as stated on the website of 4U Solutions B.V.

2.3 Deviations from the provisions in the Terms and Conditions can only be made in writing, in which case the other provisions remain in full force.

2.4 EasyFWD is available as both Freeware and Premium versions. The Freeware version is provided to the market free of charge by 4U Solutions B.V. The right to use the Freeware version is unlimited for the number of users.

2.5 All rights and claims stipulated in the Terms and Conditions and any additional agreements made for the benefit of 4U Solutions B.V. are equally stipulated for the benefit of third parties engaged by 4U Solutions B.V.

2.6 If any provision in these Terms and Conditions is found to be null and void or is declared invalid, it does not affect the validity of the remaining provisions of these Terms and Conditions. In such a case, the null or invalid provisions will be replaced by other provisions that most closely correspond to the intention of the parties.

2.7 4U Solutions B.V. reserves the right to amend the Terms and Conditions. The amendment(s) will be announced at least four weeks in advance. If the amendment is detrimental to the User, the User may terminate the agreement free of charge.

2.8 Any purchasing or other general terms and conditions of the Licensee do not apply unless expressly accepted in writing by 4U Solutions B.V.

Article 3 – Offers/Agreements

3.1 All offers made by 4U Solutions B.V. are non-binding. 4U Solutions B.V. expressly reserves the right to change prices, including based on the annual inflation adjustment. 4U Solutions B.V. is obligated to communicate the price change in a timely manner through publication on the website. If, within three months of entering into the Agreement, 4U Solutions B.V. substantially increases the price in addition to the aforementioned indexation, the User is entitled to terminate the agreement in writing, by fax, or by email within one month of the publication on the website.

3.2 The Agreement can be concluded in writing, by telephone, or electronically. 4U Solutions B.V. confirms the conclusion of the Agreement in writing or electronically.

3.3 The User and 4U Solutions B.V. expressly agree that a valid Agreement is concluded by using electronic communication methods. In particular, the absence of a handwritten signature does not detract from the binding force of the Agreement. The electronic files of 4U Solutions B.V. shall, to the extent permitted by law, be presumed as evidence.

3.4 The offer made by 4U Solutions is non-binding and can be revoked at any time. 4U Solutions B.V. is entitled to refuse a request to enter into an Agreement without providing reasons.

Article 4 – Prices and Payment Terms

4.1 All prices on the website of 4U Solutions B.V. are stated in euros, including value-added tax and any other government-imposed levies, and excluding handling and shipping costs, unless otherwise stated or agreed upon in writing. The shipping costs, if applicable, will be indicated on the website.

4.2 When purchasing via the website, payment can be made through the methods specified on the website. Payment for EasyFWD is made on an annual basis. For internet application of EasyFWD, updates and patches are freely available to choose. Only for upgrades or new versions deemed highly necessary, one may need to repurchase. Failure to install these deemed necessary upgrade(s) or new version may result in the software not functioning smoothly.

4.3 Once the entity responsible for approving the payment has declared acceptance of the payment, the User will receive confirmation of the payment, after which the Agreement comes into effect.

4.4 The services provided by 4U Solutions B.V. are billed annually and do not include the costs of the User’s internet connection.

4.5 If the User fails to make any payment within the payment term specified on the invoice, 4U Solutions B.V. is entitled to suspend or terminate (the execution of) the Agreement and any related agreements, as well as demand return of the software.

Article 5 – Limitation of Liability

5.1 4U Solutions B.V. endeavors to reasonably secure its systems against loss and/or any form of unlawful use. 4U Solutions B.V. implements appropriate technical and organizational measures, taking into account the state of the art.

5.2 The User indemnifies 4U Solutions B.V. against all possible claims from the User and third parties arising in any way from or related to an agreement entered into by the User through the use of the website of 4U Solutions B.V. This provision shall lapse if the User fails to demonstrate and notify in writing or by email, within 2 months of discovering or being able to discover the defect, that it constitutes an attributable shortcoming on the part of 4U Solutions.

5.3 It is possible that 4U Solutions B.V. includes links on its website to other websites that may be of interest or provide information to the User. Such links are provided for informational purposes only. 4U Solutions B.V. is not responsible for the content of the linked website or the use that can be made of it.

5.4 4U Solutions B.V. provides the software via the website or other sites through a download link. All versions are listed on the site, along with issues, solutions, and newer versions.

Article 6 – Liability

6.1 Except as provided in Article 6 clause 2, 4U Solutions B.V. expressly excludes any further liability for all damages, direct or indirect, arising from or related to the Agreement, the improper functioning of the Software, or the (temporary) impossibility of its use, regardless of the legal basis. 4U Solutions B.V. is not liable for the consequences of modifications or additions to the Software made by or on behalf of 4U Solutions B.V., or for the consequences of combining or using the Software together with equipment or software not supplied by 4U Solutions B.V.

6.2 If it is legally determined that 4U Solutions B.V. is liable under this Agreement or otherwise, 4U Solutions B.V. shall never be liable for an amount exceeding the fee owed by the User for the year preceding the event causing the damage, provided that, if the damage does not directly or indirectly concern the Software, 4U Solutions B.V. shall only be liable for direct damage caused by willful intent or gross negligence on the part of 4U Solutions B.V., its employees, or third parties engaged by 4U Solutions B.V. in the execution of this Agreement.

6.3 Neither party shall be liable for damages resulting from a delay in or failure to fulfill any obligation under this agreement if it is caused by force majeure. Force majeure on the part of 4U Solutions B.V. includes, among other things, the failure of third-party suppliers to fulfill their obligations towards 4U Solutions B.V.

6.4 4U Solutions B.V. is not liable for the functioning of the hardware and supporting software used by the User.

Article 7 – User Liability

7.1 The User shall ensure that the information provided to 4U Solutions B.V., including but not limited to, their email address, banking details, and address, is always up to date. The User is liable for any changes to this information that are not known to 4U Solutions B.V.

7.2 The User shall, at their own expense, take sufficient measures to ensure the security of digital files obtained from 4U Solutions B.V. under an Agreement.

7.3 The user license is personal, but the User may grant third parties access to the downloaded files. The User may not sell copies of the files to third parties. The copy restrictions applicable to all types of data carriers also apply to the files of 4U Solutions B.V.

Article 8 – Scope of the User License

8.1 The user license is limited to the version provided to the Download computer. The user license includes the updates and patches that 4U Solutions B.V. will make available to the User, as well as the Documentation, including any modifications resulting from updates or patches. Updates and patches can be obtained from the Internet using a password provided by 4U Solutions B.V.

8.2 The User is allowed to:

a: load and display the Software to the extent technically necessary and in accordance with the permitted intended uses;

b: make a backup copy of the Software, to the extent permitted by the intended uses;

c: observe, study, and test the operation of the Software to understand the underlying ideas and principles, provided that such actions are performed during the activities mentioned in a) above.

8.3 The User is not allowed to:

a: rent or lend the entire or partial Software or any copies thereof;

b: reproduce the Software for their own practice, study, or use;

c: modify or remove the copyright, trademark, or confidential nature indications on or in the Software, or any reference to 4U Solutions B.V. or its licensor (4U Solutions B.V.);

d: otherwise make the Software public or reproduce it, including modifications, unless expressly permitted by this Agreement.

8.4 With the permission and subject to the conditions of 4U Solutions B.V., the User is allowed to make a copy of the Software and translate its source code if these actions are essential to obtain the necessary information for achieving interoperability of the Software with other software when:

a: these actions are carried out exclusively by the User or by a third party duly authorized in writing by the User;

b: the data necessary to establish the interaction is not readily and easily available to the User or the authorized third party;

c: these actions are limited to the parts of the Software necessary for achieving the interaction.

8.5 The User may only use the information referred to in clause 4 for achieving the interoperability as described in clause 4 and may only disclose it to third parties if necessary for achieving the interaction. The User is not allowed to use the information for the development, production, or commercialization of a computer program that cannot be considered a new, original work in the sense of Article 13 of the Copyright Act or for other copyright-infringing acts.

Article 9 – Helpdesk and Warranty

9.1 4U Solutions B.V. provides a helpdesk during office hours, from 9:00 a.m. to 5:00 p.m., to address any questions and complaints from the User regarding the Software.

9.2 If the Software does not meet the specifications as documented in the Documentation, the User may uninstall the Software provided by 4U Solutions B.V. and submit a request for a solution to the problem. In such cases, the User is entitled to a new download, if the issue is solvable. If 4U Solutions B.V. determines that the copy in question does not meet the specifications, it will be replaced free of charge. Free replacement is only applicable if the delivered copy is returned to or reported to 4U Solutions B.V. within one year from the start of the Agreement.

9.3 4U Solutions B.V. cannot guarantee that the Software meets the User’s expectations and objectives, nor can it prevent or cure RSI or other physical or mental ailments.

9.4 Furthermore, 4U Solutions B.V. does not guarantee uninterrupted or error-free use of the Software by the User. However, 4U Solutions B.V. is committed to making reasonable efforts, within its current technical and financial capabilities, to resolve software bugs.

Article 10 – Intellectual Property

10.1 The copyrights and all other intellectual property rights related to the Software are exclusively owned by 4U Solutions B.V. and/or its licensors. Nothing in this Agreement shall result in the complete or partial transfer of such rights. The User acknowledges these rights and shall refrain from any form of direct or indirect infringement upon these rights.

10.2 4U Solutions B.V. shall indemnify the User against any action based on the claim that the Software infringes any valid copyright or other intellectual property right in the Netherlands. 4U Solutions B.V. shall bear the resulting costs and awarded damages, provided that the User notifies 4U Solutions B.V. in writing within 15 days after such action has been initiated and provides 4U Solutions B.V. with copies of all relevant correspondence, defense against such action, and negotiations for settlement, which shall be conducted solely by 4U Solutions B.V.

10.3 4U Solutions B.V. shall not be liable for any action based on the combination, operation, or use of the Software with equipment or software not provided or recommended in writing by 4U Solutions B.V., or based on any modification to the Software made by the User, unless 4U Solutions B.V. has granted written permission for such actions.

Article 11 – Duration and Termination

11.1 The Agreement comes into effect on the date referred to in Article 4, Clause 3, with the premium version being valid for 1 year and the freeware version having unlimited usage.

11.2 Termination of the agreement regarding the online EasyFWD Premium license or by written request for EasyFWD license(s) can take place after one year with a notice period of three months, in accordance with the terms set by the Netherlands ICT conditions (https://thingsdata.nl/algemene-voorwaarden.pdf), unless otherwise agreed in writing with the customer. If no termination takes place, the agreement will be extended for the same period as agreed upon in writing.

11.3 Provisions that by their nature and scope are intended to govern the relationship between the parties even after termination of the Agreement shall remain in effect. This includes, but is not limited to, provisions regarding intellectual property rights and liability.

Article 12 – Inspection

12.1 4U Solutions B.V. will arrange for a third party to inspect the User’s premises during office hours on working days, in consultation with the User, to determine if there are any unauthorized copies of the Software and whether the User is using the Software for their normal business/professional activities. The User shall cooperate with such inspection. The costs of the inspection shall be borne by 4U Solutions B.V., unless it is determined that the User has failed to fulfill their respective obligations. Prior to the inspection, a third party authorized by 4U Solutions B.V. shall sign a confidentiality agreement to the satisfaction of the User.

Article 13 – Privacy

13.1 4U Solutions B.V. respects the privacy of all users of its website and software and ensures that the personal information you provide is treated confidentially. We use your data to process orders and inquiries as quickly and efficiently as possible. Furthermore, we will only use this data with your consent.

13.2 With your consent, we will use your data to inform you about news through a newsletter and about new developments regarding the software. If you no longer wish to receive such information, you can unsubscribe at the bottom of the newsletter. If you decide to write a review, you can choose whether to include your name or other personal information. We value the opinions of our visitors, but reserve the right not to publish contributions that do not comply with our terms and conditions.

• By using the freeware version of EasyFWD, you give permission to receive commercial messages and surveys. Any results will be provided solely and exclusively to third parties involved in carrying out the commercial message or survey. The third parties engaged by us are required to respect the confidentiality of your data.
• By using the Premium version of EasyFWD, you can only receive commercial messages and surveys from the company to which you are affiliated. If you are using the Premium version of EasyFWD as a consumer, you cannot receive commercial messages or surveys without your consent.

13.3 4U Solutions B.V. will not sell your personal data to third parties and will only provide it to third parties involved in processing your order. The third parties engaged by us are required to respect the confidentiality of your data.

13.4 GDPR (General Data Protection Regulation) 25.05.2018 and 4U Solutions B.V. 4U Solutions B.V. works with personal data and also processes personal data from you (such as your name, email address, and any payment information). This data is necessary to make use of the products and services of 4U Solutions B.V. You can also read the GDPR on our website under the general terms and conditions.

By installing EasyFWD, you agree to the data processing agreement. Therefore, you do not need to sign it separately and send it back to us. The GDPR provides even better protection for your personal data. Go to the GDPR.

Article 14 – Equipment and Maintenance

14.1 4U Solutions B.V. only guarantees proper functioning of the Software if the User has followed the installation instructions and the equipment on which the software is installed meets the minimum system requirements. The installation instructions and system requirements are provided by 4U Solutions B.V.

Article 15 – Final Provisions

15.1 Dutch law applies to the Agreement.

15.2 Any disputes arising from or in connection with the Agreement shall be primarily settled by the competent court of the Amsterdam District Court. For consumers, the competent court shall be the court with jurisdiction in the district of the consumer’s place of residence.