Terms and Conditions of Use

1. Agreement to Terms

This is a legal agreement between you ("User," "you," "your") and The Clientlist ("the Company," "we," "our," "us"). By registering for, accessing, or using our Customer Relationship Management (CRM) software, platform, and related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Definitions

3. Eligibility and Account Registration

3.1 Minimum Age

To use the Service, you must be at least 18 years of age. By registering, you represent and warrant that you meet this age requirement. We reserve the right to request proof of age at any time.

3.2 Identity Verification

To ensure the integrity, security, and legal compliance of our platform, we require account holders to verify their identity. You agree to provide accurate, current, and complete information during the registration and identity verification process and to update such information to keep it accurate and complete. The Clientlist may use third-party services to assist in this verification.

3.3 Account Non-Transferability

Accounts are registered to you personally and are non-transferable. You may not sell, rent, lease, loan, transfer, or assign your Account, login credentials, or any account rights to any other person or entity. Any such action is a material breach of these Terms and will result in the immediate termination of your Account.

4. Account Security and Access

You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Account. You agree to (a) never share your account password or access details with any third party; (b) immediately notify us at legal@yourdomain.com of any unauthorized use of your password or Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

5. Description of Service

The Clientlist provides a robust, privacy-first Customer Relationship Management (CRM) platform specifically designed for the needs of adult professionals. The Service facilitates the management of client interactions, schedules, communications, and related data. The Service is offered on a freemium model, with certain features accessible without charge and advanced features available via a paid subscription. Specific functionalities, such as confirming client bookings, are subject to a separate Booking Fee.

6. Subscription Terms, Fees, and Billing

6.1 Free Tier

The Company may offer a free tier of service at its sole discretion. Access to the free tier may be limited in features, data storage, or usage capacity.

6.2 Paid Subscriptions

Access to enhanced features requires payment of a recurring Subscription Fee. By selecting a paid subscription, you agree to pay the Company the applicable fees as described on the pricing page.

6.3 Billing Cycle

Subscription Fees are billed in advance on a monthly basis and are non-refundable. Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your Account settings.

6.4 Cancellation

You may cancel your paid subscription at any time. Cancellation will take effect at the end of your current billing cycle. You will retain access to the paid features until the end of the cycle for which you have paid, after which your account will revert to the available free tier or be deactivated.

6.5 Booking Fees

The use of specific Service features, such as confirming a booking, is subject to a non-refundable Booking Fee (e.g., approximately €2 per transaction). This fee is for the processing and facilitation of the transaction and is charged at the point of use. The Booking Fee is strictly non-refundable under any and all circumstances.

6.6 Price Changes

The Company reserves the right to change Subscription Fees at any time. We will provide you with at least thirty (30) days' notice of any fee changes via email or a prominent notice within the Service.

7. User Responsibilities and Acceptable Use

7.1 Your Content

You retain all ownership rights to Your Content. You are solely responsible for Your Content and the consequences of posting or publishing it. By uploading Your Content, you represent and warrant that you own or have the necessary rights to use it and that it does not violate any applicable laws or third-party rights.

7.2 Acceptable Use

You agree not to use the Service for any illegal, harmful, or abusive purpose. Prohibited activities include, but are not limited to:

• Violating any local, national, or international law or regulation.
• Infringing upon any intellectual property, privacy, or other rights of any third party.
• Uploading or transmitting any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
• Engaging in spamming, phishing, or other unsolicited advertising or commercial activities.
• Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Attempting to gain unauthorized access to the Service, other Accounts, or our related systems or networks.
• Using the Service to facilitate scams, fraud, or any other activity intended to deceive or mislead.

8. Data Ownership, Privacy, and Confidentiality

8.1 Your Data

You own all rights, title, and interest in and to Your Content. The Company does not claim any ownership rights over Your Content.

8.2 Our Access

We will only access, view, or process Your Content as necessary to (a) provide the Service to you; (b) prevent or address service or technical problems; (c) as compelled by law; or (d) as you expressly permit in writing.

8.3 Privacy Policy

Your privacy is paramount. Our data collection and processing practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to such processing.

9. Intellectual Property Rights

The Service, including its look and feel, original content, features, functionality, and all software, code, and systems underlying the Service, are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both Belgium and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

10. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

11. Termination and Suspension

11.1 By You

You may terminate your Account at any time by using the tools provided within the Service or by contacting us.

11.2 By the Company

We may, at our sole discretion, suspend or terminate your Account and access to the Service immediately, without prior notice or liability, if you breach these Terms, including for: spam, illegal activity, abuse of the service, scams, non-payment of fees, failure to complete identity verification, sharing your account, or any other conduct we determine to be harmful to the Service, other users, the Company, or any third party.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Clientlist, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any copyright, property, or privacy right; or (d) any claim that Your Content caused damage to a third party.

15. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the courts located in Belgium.

16. Changes to Terms

We reserve the right, at our sole discretion, to revise, update, or modify these Terms at any time. Such changes may be made to reflect legal requirements, security standards, or improvements to the Service. We will provide notice of material changes via the Service or by email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them. It is your responsibility to review these Terms periodically for changes.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company\'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.