Terms and conditions

• Boldcaster: Boldcaster B.V., Chamber of Commerce no. 99064340.
• Client: the natural person or legal entity that creates an account.
• Service: the Boldcaster SaaS platform and all associated functionality.
• Account: the Client's personal access environment.
• Subscription: the paid agreement for the use of the Service.
• Trial period: the free period during which the Client can try out the Service.
• Partner: an organization recognized by Boldcaster that uses the Service while advising its own clients and administers those clients' environments.
• Package: a configuration of the Service with its own scope of functionality and its own rate, as listed at /pricing.
• Tier: the price step within a Package that corresponds to the number of people with access to Customer's Account.

These terms apply to any use of the Boldcaster platform and to every agreement between Boldcaster and the Client. The Client's general purchasing conditions are expressly rejected.

The agreement is concluded by registering and accepting these terms, the privacy statement and the data processing agreement.

The trial period lasts four weeks (28 days) unless stated otherwise. During the trial period the Client can cancel free of charge via the in-app settings or by email. If not cancelled, the trial period automatically converts into a paid Subscription; two days before the transition the Client receives a reminder email about this.

Current rates are shown at /pricing or in /dashboard/traject. Payment is in advance per month or year. In case of non-payment, access is suspended after 14 days and the account is closed after 30 days.

The Service is offered in one or more Packages, each with its own Tiers. Customer can switch to another Package at any time. A switch to a higher Package takes effect immediately; the difference over the current billing period is charged pro rata. A switch to a lower Package takes effect at the end of the current billing period.

Functionality that Boldcaster adds to Customer's Package is included at no extra cost. If Boldcaster places new functionality in a different Package, Customer can use it by switching to that Package. As long as the Subscription continues, Boldcaster will not remove functionality from Customer's Package in order to place it in a more expensive Package.

The rate for a Package is fixed at the moment Customer first takes that Package, and remains in effect for as long as the Subscription continues without interruption, even if the rates at /pricing go up. This applies to all Tiers of that Package: if the number of people changes, Customer pays for the new Tier the rate that applied when the Package was taken, plus the indexation described in this article. For a different Package, the rate at the moment of switching applies. If Customer returns to a Package held before, the earlier rate for that Package applies again.

Boldcaster may raise the rates of running Subscriptions once a year, as of 1 January, by the annual change in the consumer price index (CPI, all households) published by Statistics Netherlands (CBS) for September of the preceding year, up to a maximum of 5%. The increase is rounded down to whole euros. A negative index leads to neither an increase nor a decrease. Boldcaster announces an indexation at least 30 days in advance. For an annual Subscription, the indexation takes effect at the next annual period.

After three years of uninterrupted Subscription, Boldcaster may gradually bring a fixed rate that is lower than the rate at /pricing up to that rate, by at most 10% a year on top of the indexation. Boldcaster announces this at least three months in advance. Customer may then cancel the Subscription as of the date the new rate takes effect.

The price guarantee ends when the Subscription ends; a new Subscription starts at the rates applicable at that time. A different price arrangement in a signed proposal or contract takes precedence over this article, as do the arrangements in the article Access through a partner. A price adjustment under this article is not a change to these terms within the meaning of the article Changes to the terms.

The Client receives a non-exclusive, non-transferable license to use the Service for its own business use. Not permitted: reverse engineering, resale, use contrary to the law or public decency, scraping, and automated use outside the official API.

The Client may obtain the Service through a Partner. In that case these terms continue to apply in full between Boldcaster and the Client: the Client has its own Account with Boldcaster, the Service is provided by Boldcaster, and the Partner is not a reseller of the Service.

The Partner administers the Client's Account and has the same rights within it as an administrator of the Client. The Partner can therefore see all data recorded in the Account, including data about the Client's team members. The Client is responsible for informing its team members about this. The Partner cannot change the Subscription, the billing details or the ownership of the Account, and has no access to the environments of other clients.

If the Partner pays for the Client's Subscription, Boldcaster invoices the Partner. Whatever the Client agrees with its Partner about fees is separate from this agreement; the rates at /pricing do not automatically apply to it.

If the collaboration between the Client and the Partner ends, Boldcaster withdraws the Partner's access to the Account. The Client keeps its Account and its data and may continue the Service under a direct Subscription at the rates applicable at that time. The same applies if the agreement between Boldcaster and the Partner ends. If no direct Subscription is concluded within 30 days after the end of the partner relationship, the Account is closed and the retention periods in the privacy statement apply.

The Partner acts for its own account and risk. Boldcaster is not liable for the services, advice or commitments of the Partner, and the Partner cannot enter into obligations on behalf of Boldcaster.

The Service is used solely for legitimate business purposes. Prohibited uses include: illegal activities, content that violates the law (including content targeting minors or hate content), spam, and large-scale automated requests.

The Boldcaster platform (code, design, content) is and remains the property of Boldcaster. Client data remains the property of the Client.

Feedback and suggestions from the Client may be freely used by Boldcaster to improve the product, without any obligation to compensate or attribute.

Everything the parties give each other under this agreement or in preparation for it is confidential, whatever form it takes and whether or not it is marked as such. That includes annual figures, budgets, minutes, strategy and HR documents, customer and pricing information, and on Boldcaster's side its methods, templates and source code.

Both parties use that information only for the purpose it was given for and do not share it with third parties. The exception: employees or contractors who need it to do the work, and then only as far as necessary and under the same duty of confidentiality.

The duty does not apply to information that was already public or becomes public through no act of the recipient, that the recipient already lawfully knew before receiving it, that it developed independently without using the confidential information, or that must be disclosed by law or court order. In that last case the recipient says so beforehand, as far as it is allowed to.

This applies during the agreement and stays in force afterwards: for commercially sensitive information with no end date. On request, the recipient returns or destroys the material afterwards, except for what it must keep by law or what remains in routine backups. For personal data the data processing agreement applies as well; this article comes on top of it and does not replace it.

Boldcaster strives for 99.5% uptime per month, excluding scheduled maintenance. Scheduled maintenance is announced at least 48 hours in advance via an in-app banner or email.

The Subscription can be cancelled monthly as of the end of the current billing period, via the in-app settings or by email. Either party may terminate the agreement in the event of a material breach, after written notice of default and a reasonable cure period of at least 14 days.

Boldcaster is liable up to a maximum of the amount the Client paid in the twelve months preceding the event causing the damage, except in cases of intent or gross negligence. Boldcaster is not liable for indirect damage, including lost profit, missed savings and loss of data insofar as that loss is attributable to the Client itself.

Neither party is liable for failing to perform its obligations due to circumstances beyond its reasonable control (for example natural disaster, war, failure of essential external infrastructure). In the event of force majeure lasting more than 30 days, either party may terminate the agreement without any obligation to pay damages.

Boldcaster may amend these terms with 30 days' notice. In the event of a materially adverse change, the Client may cancel with immediate effect.

This agreement is governed by Dutch law. Disputes are first attempted to be resolved through mediation by an independent party; if that fails, they are submitted to the Amsterdam District Court.

If any provision of these terms is null or voidable, the remaining provisions remain in full force. The main agreement, the data processing agreement and the privacy statement together constitute the entire agreement between the parties.