You must carefully read the following terms and conditions before using Docksters.
Before using, installing, or interacting in any way with our software, Docksters (hereinafter referred to as the "Software Product"), you must thoroughly read and understand the following terms and conditions. By using, installing, or copying the Software Product, you agree to the terms of this Agreement ("Agreement"). This Agreement is between you and Docksters B.V. If you disagree with any part of this Agreement, you must immediately stop using the Software Product and destroy all copies in your possession. The Software Product is not free software and is protected by Dutch and international copyright laws. Legal action will be taken against those who infringe upon these laws.
1. Evaluation Period
Docksters B.V. grants you a license to use one single instance of the Software Product solely for evaluation purposes for a maximum of 14 consecutive days starting from your initial activation of the Software Product ("Evaluation Period"), subject to the terms of this Agreement. During the Evaluation Period, you may not use the Software Product for any business or commercial purpose other than evaluating its capabilities. If you wish to use the Software Product beyond the Evaluation Period or for business or commercial purposes during the Evaluation Period, you must purchase a license. In addition to other disclaimers within this Agreement, Docksters B.V. disclaims any liability for any reason concerning your use of the Software Product during the Evaluation Period.
2. Software Product License
With the exception of the Evaluation Period (governed by Section 1 above) and subject to the terms and conditions of this Agreement, including the payment of license fees, Docksters B.V. grants you a non-exclusive, non-transferable, non-sublicensable, and non-assignable license to download, install, and use the Software Product for your internal business purposes. This license permits the use of the Software Product: (i) solely in object code format; (ii) solely for Permitted Installations; and, (iii) solely during the Term. "Permitted Installations" refers to cloud instances of the Software Product and device (Sensor) allowances outlined in the order confirmation email sent to you for the purchased Software Product, for which you have paid the monthly license fees. If an otherwise permitted cloud instance exceeds the sensor allowance you purchased, that instance is no longer considered a Permitted Installation.
3. Warranty Disclaimer
The Software Product is provided to you "as is" and with all faults. Docksters B.V., its suppliers, and licensors cannot guarantee the performance or results you may achieve by using the Software Product. To the extent permitted by applicable law in your jurisdiction, Docksters B.V., its suppliers, and licensors disclaim all warranties, conditions, representations, or terms (express or implied, whether by statute, common law, custom, usage, or otherwise) regarding any matter, including but not limited to non-infringement of third-party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. This disclaimer will survive the termination of this Agreement, regardless of the cause; however, it does not grant or imply any continued right to use the Software Product after the termination of this Agreement. The Software Product is not fault-tolerant and was not designed, manufactured, or intended for use in hazardous environments that require fail-safe performance, such as nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapons systems, where failure of the Software Product could lead to death, personal injury, or physical or environmental damage ("High Risk Activities"). Docksters B.V., its suppliers, and licensors will not be held liable, directly or indirectly, for any claims or damages arising from the use or failure of the Software Product in relation to High Risk Activities. It is your responsibility to ensure that the Software Product functions well in your environment. You assume the entire risk of using the Software Product.
This Agreement commences on the earlier of the date you obtain a subscription license, or in the case of the Evaluation Period, the date you begin using the Software Product. It continues until the later of the end of the Evaluation Period or the expiration of the license you purchased (the "Term"). The Term for a purchased license contains a non-perpetual license grant for a specified subscription period. At the end of the Term, you must immediately cease using the Software Product and halt the data flow to our cloud.
Docksters B.V. may terminate this Agreement at any time if: (a) you breach any term or condition of this Agreement; (b) you make a general assignment for the benefit of creditors or a proposal for rearrangement under any bankruptcy legislation, or a petition is filed against you under any bankruptcy legislation, or if you are adjudicated or declared bankrupt, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, or any other officer with similar powers is appointed for you, or if you commit an act of bankruptcy or propose a compromise or arrangement or institute proceedings to be adjudged bankrupt or insolvent or consent to the institution of such appointment or proceedings or admit in writing any inability to pay debts generally as they become due; or, (c) for any reason where Docksters B.V., acting reasonably, believes that its rights and interests pursuant to this Agreement or in connection with the Software Product may be at risk from you or any third party. Upon the expiration or termination of this Agreement for any reason, the license and all other rights granted to you under this Agreement shall immediately terminate.
The Software Product is licensed, not sold, and any use of the Software Product and its associated materials, except as expressly permitted in this Agreement, is prohibited. Docksters B.V. reserves all rights not expressly granted to you under this Agreement, and your use of the Software Product is subject to the restrictions set forth in this Agreement. You may not use the Software Product for any purpose or in any manner other than for your internal business purposes as licensed in Section 1 or 2, as applicable. Additionally, you may not: (a) reverse engineer, decompile, or disassemble the Software Product or attempt to ascertain its source code; (b) modify or create derivatives of the Software Product or merge all or part of it with another program; (c) alter, circumvent, or override any download, installation, copy, access, or use protection devices or mechanisms in the Software Product; (d) alter, circumvent, or override any device or mechanism implemented to monitor or verify installation of, access to, or use of the Software Product; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software Product; (f) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Software Product; or, (g) use the Software Product in a manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights). You shall take appropriate action by agreement or otherwise with all your personnel whom you permit to use the Software Product to ensure their compliance with this Agreement. Distribution of the Software Product in any form is prohibited without Docksters B.V.'s express written permission.
7. Intellectual Property, Enhancements, and Custom Developments
You acknowledge that all suggested improvements or changes relating to the Software Product, which Docksters B.V. may receive from you, will become the sole intellectual property of Docksters B.V. without consent from or consideration to you. You may engage Docksters B.V. under a separate agreement to create customizations to the Software Product ("Custom Developments"). You acknowledge that, as between you and Docksters B.V., the entire right, title, and interest, including any and all ownership rights and intellectual property rights, in and to: (a) the Software Product, and all software, systems, and processes used in the development and delivery of the Software Product; and, (b) all Custom Developments, including any derivative, enhancement, or modification thereof, are the exclusive property of Docksters B.V.
8. Open Source Software
The Software Product may work in conjunction with open source software ("Open Source Software"). Where applicable, such Open Source Software is distributed as a separate and independent software program from the Software, even though it may have been aggregated with the Software for distribution purposes only. In all cases, Open Source Software is subject to the terms and conditions of the applicable open source licenses and notices referred to in the Software Product interface (and which may also be found in the product help system) ("Open Source Licenses"). By agreeing to be bound by this Agreement, you agree to the terms and conditions of the applicable Open Source Licenses as they relate to the Open Source Software.
9. Limitation of Liability
Docksters B.V. will not be responsible, in financial or any other terms, for damages resulting from the use or misuse of the Software Product. Under no circumstances will Docksters B.V. be liable for any indirect, consequential, incidental damages, exemplary damages, any loss of profits, anticipated revenue, loss of customers or contracts, loss of use of equipment or software or loss of data, equipment damage, savings or goodwill, any costs, expenses or interest related thereto, under any theory of law or equity, arising out of or in any way related to this agreement, or for any damages caused by Docksters B.V.'s failure to meet its responsibilities under this agreement. Subject to all disclaimers of liability in this Agreement, Docksters B.V.'s liability for damages to you for any cause whatsoever, and regardless of the form or cause of action, whether in contract or in tort, including negligence and even if a fundamental breach or if this remedy fails in its essential purpose, shall not, in the aggregate, exceed the fees paid by you to Docksters B.V. for the Software Product, if any, in the twelve months preceding the event giving rise to such action.
Docksters B.V. may identify you as a current or former customer on the Docksters B.V. website and other marketing materials and may reasonably use your trademarks for this purpose.
This Agreement, including all attachments, constitutes the entire agreement between you and Docksters B.V. concerning the subject matter herein and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. No other representations, understandings, or agreements exist between Docksters B.V. and you concerning the subject matter. Dutch law governs this Agreement. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely aligns with the original intent, and the remainder of the Agreement shall continue in effect, valid and enforceable to the fullest extent permitted by law.
12. What We Collect
We collect information about you when you provide it to us, use our Docksters Services, or when other sources provide it to us, as further detailed below.
Account and Profile Information
We collect information about you when you register for an account, create or modify your profile, set preferences, or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You can also add a display name, profile photo, job title, and other details to your profile to be displayed in our Services. We track your preferences when you select settings within the Docksters Services.
Support Channels Information
The Services include our customer support, where you may choose to submit information regarding a problem you experience with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly, or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem, and any other documentation, screenshots, or information that would assist in resolving the issue. When contacting Docksters Software by telephone, be advised that all calls are recorded for training and legal purposes.
We collect specific payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
Device and Connection Information
We collect information about the devices you use to access our Services, such as your computer, phone, or tablet. This includes your device's connection type and settings during installation, access, updates, or usage of our Services. We also gather data about your operating system, browser type, IP address, device identifiers, and crash data. To enhance your Service experience, we use your IP address and/or Geolocation in combination with your country preference to estimate your location. The amount of information we collect depends on the type and settings of the device you use to access our Services.
Cookies and Other Tracking Technologies
Docksters Software and our third-party partners, such as advertising and analytics partners, employ cookies and other tracking technologies (e.g., web beacons, device identifiers, and pixels) to provide functionality, recognize you across various Services and devices, and enhance your experience. These technologies are used to remember your login details, customize our products and websites, understand our Services' usage and customer interests, determine email engagement, and present relevant advertising based on your interests.
We categorize cookies and tracking technologies based on their purpose:
Targeting Cookies or Advertising Cookies
These cookies gather data about your browsing habits to deliver relevant advertising based on your interests. They track the websites you visit and share that information with parties such as advertising technology service providers and advertisers. Social media cookies are used when you share information using a social media sharing button, "like" button on our websites, link your account, or engage with our content on or through a social media site. The social network records your actions, which may be connected to targeting or advertising activities.
Updates to this Notice
We may update this Cookies & Tracking Notice periodically. If any changes occur, we will notify you by revising the "effective starting" date at the top of this notice. Docksters Software collaborates with a global network of partners who provide consulting, implementation, training, and other services related to our products. These partners may also assist us in marketing and promoting our products, generating leads, and reselling our products. We receive information from these partners, including billing details, contact information, company name, Docksters Software products purchased or of interest, evaluation feedback, and your country of residence. Additionally, we obtain information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners, who provide insights on your interests and engagement with our Services and online advertisements.
13. Information Storage and Security
We use data hosting service providers in Europe to store the information we collect and implement technical measures to protect your data. For more information on our data storage locations, please contact us. Although we employ safeguards designed to protect your information, no security system is foolproof, and we cannot guarantee the absolute safety of data during transmission or storage on our systems or the Internet. At Docksters, our servers and data centers use SSL encryption to prevent data interception and restrict access to databases and other storage points.
The duration for which we retain the information we collect about you depends on the type of information. After a certain period, we will either delete or anonymize your information or, if not feasible (e.g., due to backup archives), securely store your information and isolate it from further use until deletion is possible. We retain your account information as long as your account is active. Additionally, we keep some of your information as needed to comply with legal obligations, resolve disputes, enforce agreements, support business operations, and continually develop and improve our Services.
If the Services are provided to you through an organization (e.g., your employer), we retain your information for as long as required by your account administrator. For marketing information, if you've chosen to receive marketing emails from us, we keep details about your marketing preferences for a reasonable period from the date of your last engagement with our Services, such as when you last opened an email or stopped using your Docksters Software account. We retain information from cookies and other tracking technologies for a reasonable period from the date of creation.
You have several choices regarding your information. You can request a copy of your information, object to our use of your information (including for marketing purposes), ask for the deletion or restriction of your information, or request your information in a structured, electronic format. We describe the tools and processes for making these requests below. You can exercise some choices by logging into the Services and using the settings within the Services or your account. If the Services are managed by an administrator, you may need to contact them for assistance. For all other requests, please contact us as detailed in the Contact Us section. Your requests and choices may be limited in certain cases, such as when fulfilling your request would reveal information about another person, or if you request the deletion of information that we or your administrator are legally allowed or have a compelling legitimate interest to keep. If you've asked us to share data with third parties, such as by installing third-party apps, you'll need to contact those service providers directly to have your information deleted or restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, work, or where you believe your rights were infringed.
Our Services allow you to access and update certain information about yourself within the Service. For example, you can access your profile information from your account and search for content containing information about you using keyword searches. You can update your profile information within your profile settings and modify content that contains information about you using the associated editing tools. If you no longer want to use our Services, you or your administrator may deactivate your account. If you can deactivate your own account, that setting is available in your account settings. Otherwise, please contact your administrator or email firstname.lastname@example.org. Note that deactivating your account doesn't delete your information; it remains visible to other Service users based on your past participation. For more information on deleting your information, see below.
Deleting Your Information
Our Services provide you with the option to delete specific information about yourself within the Service. If you believe that we are accessing, storing, using, or processing your information without appropriate rights, you may request that we cease these activities. Please note that we may require time to investigate and facilitate your request. If there is a delay or dispute regarding our right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator (if applicable) does not object. If you object to your information being shared with a third-party app, you may disable the app or ask your administrator to do so. To opt out of receiving promotional communications from us, you may use the unsubscribe link within each email, update your email preferences within your Service account settings menu, or contact us as provided below to have your contact information removed from our promotional email list or registration database.
Notice for End Users
Many of our products are designed for use by organizations. When the Services are made available to you through an organization (e.g., your employer), that organization acts as the administrator of the Services and is responsible for the accounts and/or Service sites under its control. In this case, please direct your data privacy inquiries to your administrator, as your use of the Services is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may differ from this policy. Administrators can require you to reset your account password; restrict, suspend, or terminate your access to the Services; access information in and about your account; access or retain information stored as part of your account; and install or uninstall third-party apps or other integrations. In some instances, administrators can also restrict, suspend, or terminate your account access; change the email address associated with your account; modify your information, including profile information; and restrict your ability to edit, restrict, modify, or delete information.