Terms & Conditions

Fleane is offered over the internet in the form of Software-as-a-Service by the company Fleane BV. 

The use of Fleane is subject to the below terms and conditions. Using Fleane constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by Fleane BV.

Article 1. Use of the service

1. With Fleane you can use applications to execute, optimize, and automate financial processes, consisting of standard functions and/or (customer-)specific custom functionalities. 
2. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Fleane BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Fleane BV that someone else knows your password.
3. Fleane processes your personal data. You give your consent for all forms of processing within the scope of the service. 

Article 2. Terms of use

1. It is not permitted to use Fleane for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist. 
2. If Fleane BV finds that you are violating the aforementioned conditions or receives a complaint regarding this, they will warn you. If this does not lead to an acceptable solution, Fleane BV may take action itself to end the violation. In urgent or serious cases, Fleane BV may intervene without prior warning.
3. If in the opinion of Fleane BV the continued functioning of the computer systems or network of Fleane BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Fleane BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
4. Fleane BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.  
5. Fleane BV may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Fleane BV from all third-party claims arising out of your violation of these terms of use.

Article 3. Information security, availability and maintenance

1. Fleane BV holds an ISO 27001 certification within the scope of the certificate of the parent company Van der Let & Partners BV. This international standard helps us manage information security in a structured manner. Availability, integrity, and confidentiality are central to our way of working. The ISO 27001 certificate emphasizes this importance. Upon request, we provide a copy of the certificate and the Statement of Applicability. If desired, we also cooperate with security audits, in consultation.
2. Fleane BV guarantees availability of the service 99,9% of the time.  
3. Fleane BV actively maintains Fleane. In case maintenance is reasonably expected to negatively impact availability, Fleane BV carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement. 
4. Fleane BV may from time to time adapt Fleane. Your feedback and suggestions are welcome but ultimately Fleane BV decides which adaptations to carry out (or not).

Article 4. Intellectual property

1. The service Fleane, the accompanying software as well as all information and images on the website is the intellectual property of Fleane BV. None of these items may be copied or used without prior written permission of Fleane BV, except and to the extent permitted by mandatory law.
2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Fleane BV receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
3. If you send information to Fleane BV, for example a bug report or suggestion for improvement, you grant Fleane BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4. Fleane BV shall refrain from accessing data you store or transfer using Fleane, unless this is necessary for a good provision of the service or Fleane BV is forced to do so by law or order of competent authority. In these cases Fleane BV shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

1. The use of certain functions of Fleane is subject to fees. The functions in question will inform you of the fees. The fee is due monthly. This can be paid in advance for fixed licenses or afterward based on usage and/or usage. In the case of (customer-)specific custom functionalities, different arrangements can be made.
2. Payment can be made by transferring the amount to Fleane BV’s bank account or through online payment options if they are offered for the respective functionality.

Article 6. Limitation of liability

1. Except in case of intentional misconduct or gross negligence the liability of Fleane BV shall be limited to the amount paid by you in the twelve months prior to the moment the cause of the damage occurred. 
2. Fleane BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
3. Damages may only be claimed if reported in writing to Fleane BV at most two months after discovery.
4. In case of force majeure Fleane BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

1. This agreement enters into force as soon as you first use the service and then remains in force for a year, unless otherwise agreed upon in a superior agreement for (customer-)specific custom functionalities.
2. After this period the agreement is silently renewed with successive terms of the same period. Termination must occur at the end of the term referred to in paragraph 1 with a notice period of 3 months, unless otherwise agreed upon in a superior agreement for (customer-)specific custom functionalities.
3. Fleane BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Fleane BV shall first send a reminder mail to the e-mail address connected to your account. 
4. Upon request and payment of an additional fee Fleane BV may provide you with a copy of the data stored using the service. Contact us for options and costs.

Article 8. Changes to terms

1. Fleane BV may change or add to these terms and conditions as well as any prices once every calendar year.
2. Fleane BV shall announce through the service changes or additions at least thirty days before their taking effect.  
3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Fleane after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

1. Dutch law applies to this agreement.
2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Fleane shall be brought before the competent Dutch court for the principal place of business of Fleane BV.
3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Fleane service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
4. The version of any communication of information as recorded by Fleane BV shall be deemed to be authentic, unless you supply proof to the contrary.
5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
6. Fleane BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Fleane or the associated business activities.

Version 1.0 / 02-10-2024