Terms and Conditions Realease Pro B.V.

Version 2025-06-1.0

These terms and conditions apply to all offers, quotations, and services of Realease Pro B.V. and form an integral part of every agreement between you and Realease Pro B.V. If you have any questions or comments after reading these terms and conditions, please feel free to contact us.

Statutory name: Realease Pro B.V., Chamber of Commerce (KVK): 96551720

Article 1 - Definitions

The terms and definitions written with a capital letter in the Agreement have the meaning given to them below.

Offer: any offer (regardless of form) from Realease in the context of providing services, including but not limited to an offer in the form of a quotation or a general offer made online that can be accepted there.
Account: a combination of a login name and password for the personal account of the Customer or their End User with which they gain access to the Platform.
Customer: the natural person or legal entity with whom Realease has concluded an Agreement.
General Terms and Conditions: the present general terms and conditions.
End User: the natural person authorized by the Customer to use the Platform (for example, an employee of the Customer or a client of the Customer).
Realease: the company Realease Pro B.V. registered with the Chamber of Commerce under number 96551720.
Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
Office Hours: the hours on a Working Day between 08:00 and 17:00 (Dutch time).
License: a limited right of use for the Customer for the use of the Platform.
Agreement: the agreement that is concluded after acceptance of an Offer by the Customer, of which these General Terms and Conditions form an inseparable part and on the basis of which Realease will provide services to the Customer.
Party: a party to the Agreement.
Platform: the platform that can be accessed online via realease.pro and to which access can be obtained by logging into an Account.
In Writing: on paper as well as in electronic form (for example, via the Platform) provided that the identity of the sender and the integrity of the message are sufficiently established. Where the term In Writing is used in the context of notice of default and termination of the Agreement, it refers exclusively to paper with respect to the Customer.
Confidential Information: all non-public information related to one or both Parties that a Party indicates is confidential, or which, by the nature of the information or the circumstances of its disclosure, should be treated as confidential or is marked as confidential.
Working Day: Monday to Friday, with the exception of public holidays recognized under the Dutch General Extension of Time Limits Act and days on which Realease has announced in advance, whether via its website or email, that it will be closed.

Article 2 - Applicability and order of precedence

The General Terms and Conditions apply to every Offer from Realease and the execution of (future) Agreements.
The applicability of any purchase or other conditions of the Customer is expressly excluded. Such conditions only apply if they have been accepted by Realease through signature.
In the event of a conflict between the applicable documents, provisions, and definitions included in the various parts of the Agreement, the following order of precedence shall apply, with the earlier mentioned document taking precedence over the later mentioned document: a. Offer b. any appendices to the Agreement c. the General Terms and Conditions d. any purchase or other conditions of the Customer signed by Realease.

Article 3 - Formation of the Agreement

Every Offer made in the form of a quotation from Realease is entirely non-binding and valid for a period of thirty (30) days from the date of issue, unless a different validity period is stated on the quotation. If the date of issue is missing, the aforementioned period starts on the day that Realease sent the quotation to the Customer.
The Agreement is concluded by acceptance of an Offer by the Customer.
An Agreement is also concluded by creating an Account on the Realease Platform.
Realease is only bound by a deviating acceptance of an Offer by the Customer, whether on minor points or not, if Realease expressly accepts the deviating acceptance In Writing. The foregoing does not prejudice what is stipulated in Article 2.2.
All prices in every Offer are subject to programming and typing errors. If a price in an Offer is based on data provided by the Customer and this data proves to be incorrect, Realease has the right to adjust the prices accordingly, even after the Agreement has already been concluded.
The applicability of Article 6:227b paragraph 1 and 6:227c of the Dutch Civil Code is excluded.

Article 4 - Execution of the Agreement

After the conclusion of the Agreement, Realease will endeavor to start the execution of the Agreement as soon as possible and will observe the care of a good contractor. Delivery or completion periods communicated by Realease or agreed between the Parties are indicative and never count as firm deadlines.
The Customer will provide Realease with all support that is necessary and desirable to enable a proper execution of the Agreement. In any case, the Customer will provide Realease with all information that Realease indicates is necessary, or that the Customer should reasonably understand is necessary for the correct execution of the Agreement. Realease has the right, but not the obligation, to check this information for accuracy and completeness.
If the Customer does not provide the cooperation described above, or if it appears that the information provided by the Customer is incorrect or incomplete, Realease has the right to suspend the Agreement until the Customer has provided the requested cooperation or provided the necessary information. Any periodic fees owed by the Customer will remain due and payable during this period.
Realease has the right to engage third parties in the execution of the Agreement. Any related costs will only be borne by the Customer if the Parties have agreed to this.

Article 5 - Access and use of the Platform

To gain access to the Platform, the Customer needs a License. A License gives the Customer the non-exclusive right to use the Platform as an online service (Software-as-a-Service) for the duration of the License and exclusively for the use intended under the Agreement.
The License may only be used for the Customer's own purposes within their own organization. Licenses may not and, from a property law perspective, cannot be transferred to third parties, except with the express written consent of Realease.
Unless otherwise agreed in Writing, the following applies: a. a License commences on the day Realease provides the Customer with access to the Platform (e.g., by providing login details for an Account and/or the notification that the Customer can create an Account themselves); b. a License has a minimum term of one (1) month; c. after the end of the agreed term of the License, the License is automatically and tacitly renewed for the same periods; d. a License can be terminated in Writing by either Party at the end of the then-current period, observing a notice period of one (1) month (thus preventing any tacit renewal).
The Agreement, as well as the Licenses granted thereunder, cannot be terminated prematurely by the Customer, except with the written consent of Realease. Article 7:408 paragraph 1 of the Dutch Civil Code does not apply to the Agreement.
After the end of the License, Realease will terminate access to the Platform and will be entitled to delete all data related to the Customer that is present within the Platform, unless otherwise agreed.
For each License, Realease will provide the Customer with login details for an (administrator) Account, or offer the Customer the possibility to create an Account independently. If agreed, the Customer can create sub-Accounts for other End Users with their Account. The same conditions apply to such sub-Accounts as to regular Accounts.
An Account is strictly personal and may not be shared with third parties. Login details must be kept secret at all times. The Customer is obliged to use a sufficiently strong password for each Account and to immediately change any standard password provided by Realease.
Realease is not responsible for misuse of Accounts and may assume that the person logging into an Account is indeed an End User authorized on behalf of the Customer. Realease may rely on the fact that all actions performed from an Account are carried out under the direction, supervision, and with the approval of the Customer.
The Customer is, unless otherwise agreed, responsible for end-user management, granting or revoking rights, and creating or deleting Accounts – insofar as these possibilities are included in the Agreement.
If login details of an Account are (suspected to be) lost or leaked, the Customer will immediately take all measures that are reasonably necessary, desirable, and possible to prevent misuse of the Account. These measures may, for example, consist of changing the corresponding password. In any case, the Customer will immediately report this to Realease, so that additional measures can be taken to prevent misuse of the Account.

Article 6 - Rules of Use

The Customer is not permitted to use or deploy the services provided under the Agreement, in particular the Platform, in a manner that violates applicable laws or regulations or the Agreement.
The Customer is not permitted to offer or distribute materials via the Platform that are unlawful, infringe on the rights of third parties such as Intellectual Property Rights, or are defamatory, offensive, discriminatory, or hateful, or constitute a violation of the privacy of third parties, including but not limited to the distribution of personal data of third parties without permission or necessity.
The Customer shall refrain from hindering other customers of Realease, including other users of the Platform, or other internet users in general, or causing damage to the systems or networks of (the suppliers of) Realease. If actions of the Customer, in the opinion of Realease, cause hindrance, damage, or another danger to the functioning of the systems or networks of Realease, in particular as a result of excessive sending of data, (distributed) denial-of-service attacks, poorly secured systems, or activities of viruses, Trojans, or similar software, Realease is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.
If a third party informs Realease that, via the systems that are part of the services provided, materials or other information are stored or distributed by or on behalf of the Customer with which, according to that third party, the rights of that third party are infringed or which is otherwise unlawful, Realease will inform the Customer of the relevant report. The Customer must then provide a motivated Written response as soon as possible, but no later than within forty-eight (48) hours, to refute the report or complaint, after which Realease will independently decide which measures will be taken. Measures may include permanently removing or restricting access to the materials or information to which the complaint relates. In cases that, in the opinion of Realease, are urgent, Realease may intervene immediately without having to inform the Customer in advance. However, Realease will then still endeavor to inform the Customer as soon as possible afterwards about the measures taken and the reason for them.

Article 7 - Advice

If instructed to do so, Realease can draw up advice, a plan of action, a design, a report, a schedule, and/or a report for the benefit of the service. The content of this is not binding and is only advisory in nature, but Realease will observe its duties of care. The Customer decides for themselves and at their own responsibility whether to follow the advice.
At Realease's first request, the Customer is obliged to assess proposals provided by Realease. If Realease is delayed in its work because the Customer does not or not timely provide an assessment of a proposal made by Realease, the Customer is at all times responsible for the consequences thereof, such as delay.
The nature of the service means that the result is at all times dependent on external factors that can influence Realease's reports and advice, such as the quality, accuracy, and timely delivery of necessary information and data from the Customer and their employees. The Customer guarantees the quality and the timely and correct delivery of the required data and information.
The Customer will inform Realease in writing before the start of the work of all circumstances that are or may be important, including any points and priorities to which the Customer wishes to draw attention.

Article 8 - Maintenance

Realease reserves the right to temporarily decommission the Platform for maintenance purposes. Realease will endeavor to have such decommissioning take place outside Office Hours as much as possible and to inform the Customer in advance of the planned decommissioning. In the event that Realease is of the opinion that a decommissioning of the Platform – whether during Office Hours or not – is necessary for its safe operation, it is entitled to decommission the Platform immediately without prior notice to the Customer so that Realease can and will take appropriate measures as soon as possible. Realease will never be liable for any compensation to the Customer for decommissioning as referred to in this paragraph.
Realease has the right to adapt the Platform from time to time, among other things to improve functionality and to correct errors, or to no longer offer aspects of a Platform. If the foregoing leads to a significant reduction in functionality, Realease will inform the Customer thereof in Writing or via the Platform before implementing the change. Because the Platform is delivered to multiple customers, it is not possible to opt out of a particular change for the Customer alone. If a change leads to the loss of a functionality that is essential for the Customer, the Customer obtains the right to terminate the Agreement in Writing as of the moment the change takes effect, provided that the Customer has informed Realease in Writing in advance of their intention to make use of this right of termination.

Article 9 - Availability of the platform

Realease will endeavor to realize uninterrupted availability (7 days a week, 24 hours a day) of the Platform.
Realease guarantees a minimum uptime of 99.5%;
In the event of the unavailability of the Platform due to malfunctions, maintenance, or other causes, Realease will endeavor to inform the Customer about the nature and expected duration of the interruption.

Article 10 - Support

Only if agreed, will Realease be obliged to provide the Customer and their End Users with remote support via a helpdesk in the context of the use of the Platform. Any form of support is provided through the communication channels used by Realease for this purpose, which may change from time to time. Realease will endeavor to handle any requests adequately and within a reasonable period.
Realease may set reasonable limits on the use of the forms of support offered. In addition, Realease is free to further determine and/or change the availability and response times of the helpdesk at any time.

Article 11 - Remuneration

Unless expressly stated otherwise, all prices quoted by Realease are in euros and exclusive of sales tax and other government levies.
Realease is entitled to adjust its rates: a. once a year to index them in accordance with the most applicable services price index (DPI) of the CBS, provided that Realease informs the Customer in Writing of the rate change at least one (1) month before it takes effect; b. to change them in the interim if the rates of its suppliers of, for example, electricity, data center, software, and (public) cloud solutions give reasonable cause to do so, provided that Realease informs the Customer in Writing of the rate change at least one (1) month before it takes effect; c. to change them in the interim, including at any renewal moment of a License, regardless of the reason, provided that Realease informs the Customer in Writing of the rate change at least one (1) month before it takes effect.

Article 12 - Invoicing and payment

The fee for Licenses will be invoiced around and prior to the start date of the License, as well as prior to each moment the License is renewed, unless otherwise agreed.
Realease will send an invoice to the Customer for all amounts due and has the right to invoice electronically.
A payment term of fourteen (14) days from the invoice date applies to all invoices issued by Realease, unless otherwise agreed in Writing.
If the Customer objects to the amount of an invoice, this does not suspend their payment obligation, but the Parties will enter into consultation to reach an amicable solution.
In the absence of payment, the Customer is in default by operation of law from the due date of the invoice, without a prior notice of default being required. Realease is then entitled to charge the Customer the entire amount due, as well as the interest calculated on the amount due from the due date at a rate of 1.0% per month, or, if higher, the statutory commercial interest.
Without prejudice to the above, all costs associated with the collection of outstanding claims, both judicial and extrajudicial (including the costs of lawyers, bailiffs, and collection agencies), will be for the account of the Customer. Realease is in any case entitled to charge an amount for extrajudicial costs of 15% of the outstanding amount, with a minimum of two hundred and fifty euros, immediately, so if desired at the first (voluntary) reminder.
Realease is entitled to suspend the Agreement if (i) the Customer does not pay an invoice within the due date, or payment is still not made after a (voluntary) reminder by Realease, (ii) a deterioration in the solvency of the Customer occurs that gives reasonable cause to doubt the Customer's ability to pay and creditworthiness. During suspension, the Customer remains liable for any (periodically) due amounts.
The Customer is not entitled to suspend, set off, or deduct any payment obligation incumbent on the Customer from any claim on Realease for any reason whatsoever.

Article 13 - Intellectual Property Rights

All Intellectual Property Rights to the services provided, including the Platform, documentation, and other materials, rest exclusively with Realease or its licensors. The Customer only obtains a limited, non-transferable right of use for the agreed fixed term subject to the powers and other restrictions included in the Agreement.
All data that the Customer adds to the Platform during their use of the Platform, or has added by Realease, remain the property of the Customer or their licensors. Realease will not assert any ownership claims on this. With regard to this data, the Customer grants Realease a limited right of use to use the relevant data insofar as is reasonably necessary for the execution of the Agreement, as well as a right of use for an indefinite period for the use of the data for the improvement of the services provided by Realease, or to be provided in the future.

Article 14 - Confidentiality

Realease and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. The confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/generally known, the information is not confidential and/or the information was not disclosed to Realease by the Client during the Agreement and/or was obtained by Realease in another way.
In particular, the confidentiality relates to advice drawn up by Realease, and/or reporting concerning the Client's assignment. Furthermore, Realease will always exercise the required care in handling all business-sensitive information provided by the Client.
If Realease is obliged to provide the confidential information to a third party designated by law or a competent court (in part) on the basis of a statutory provision or a court ruling and Realease cannot invoke a right of non-disclosure, Realease is not obliged to pay any compensation and does not give the Client grounds for dissolving the Agreement.
For the transfer or dissemination of information to third parties and/or publication of statements, advice, or productions provided by Realease to third parties, the written permission of Realease is required, unless such permission has been expressly agreed in advance. The Client will indemnify Realease against all claims from such third parties as a result of reliance on such information that has been disseminated without the written permission of Realease.
Realease also imposes the confidentiality obligation on third parties engaged by it.

Article 15 - Liability

The liability of Realease for an attributable failure to comply with its obligations under the Agreement, on account of a tortious act and/or on any other ground, is limited per event (whereby a series of related events is considered as one event) to what the Customer owes over a period of three (3) months prior to the event causing the damage (excluding VAT). In no event shall the total liability of Realease for damage, for whatever reason, on a calendar year basis exceed the agreed fixed fee for the relevant calendar year.
The limitation of liability as referred to in the previous paragraph also explicitly applies to the guarantees provided by Realease in the Agreement or otherwise.
Any limitation of liability included in the Agreement shall lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of Realease's management.
The liability of Realease for an attributable failure to comply with an Agreement only arises if the Customer gives Realease proper written notice of default without delay, setting a reasonable period to remedy the failure, and Realease continues to be in attributable breach of its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible, so that Realease is able to respond adequately. Any claim for damages by the Customer lapses by the mere expiry of six months after the claim arose.
The content of the advice or Platform delivered by Realease is not binding and is only advisory in nature. The Customer decides for themselves and at their own responsibility whether they follow the proposals and advice of Realease mentioned therein. All consequences arising from following the advice are for the account and risk of the Customer. The Customer is at all times free to make their own choices that deviate from the advice delivered by Realease. Realease is not obliged to any form of refund if this is the case.

Article 16 - Indemnification and accuracy of information

The Customer is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in whatever form, that they provide to Realease in the context of an Agreement, as well as for the data that they have obtained from third parties and which have been provided to Realease for the purpose of executing the Service.
The Customer indemnifies Realease against any liability resulting from the failure or late fulfillment of the obligations regarding the timely provision of all correct, reliable, and complete data, information, documents, and/or records.
The Customer indemnifies Realease against all claims from the Customer and third parties engaged by them or working under them, as well as from customers of the Customer, based on the failure to (timely) obtain any subsidies and/or permits required in the context of the execution of the Agreement.
The Customer indemnifies Realease against all claims from third parties arising from the work performed for the Customer, including but not limited to intellectual property rights to the data and information provided by the Customer that can be used in the execution of the Agreement and/or the acts or omissions of the Customer towards third parties.
If the Customer provides electronic files, software, or information carriers to Realease, the Customer guarantees that they are free of viruses and defects.

Article 17 - Force Majeure

Neither of the Parties can be held to fulfill any obligation if a circumstance beyond the control of the Parties (force majeure) and which could not or should not have been foreseen at the time of concluding the Agreement, nullifies any reasonable possibility of fulfillment. Force majeure also includes (but is not limited to): a. disruptions of public infrastructure that is normally available to Realease, and on which the delivery of the services (such as the Platform) depends, but over which Realease cannot exercise factual control or demand compliance; b. disruptions caused by malicious software, network attacks such as (D)DOS attacks or successful or unsuccessful attempts to circumvent network security or system security; c. shortcomings of suppliers of Realease, which Realease could not foresee and for which Realease cannot hold its supplier liable, for example, because the supplier in question was also in a situation of force majeure; d. civil unrest, mobilization, pandemics, war, terror, strikes, fire, and floods; e. defectiveness of goods, equipment, or other material prescribed by the Customer; and f. long-term unavailability of employees of Realease or third parties engaged by it as a result of illness.
If a force majeure situation has lasted longer than ninety (90) days, each of the Parties has the right to dissolve the Agreement, without this leading to any obligation to pay compensation or for reversal.

Article 18 - Promotion

Realease is permitted, during the term and after the termination of the Agreement, for promotional purposes in the materials and channels used by Realease (such as its website) to describe the customer case regarding the services provided by Realease to the Customer, whereby the trade name, logo, and wordmark of the Customer may be used for illustration. If the Customer objects to the way in which Realease has used the aforementioned right, the Customer can make this known to Realease in Writing. Realease will consider the objection in all reasonableness and make adjustments where desirable.
The Customer and their End Users can unsubscribe from service notifications by contacting us or by using the unsubscribe link in relevant emails.

Article 19 - Amendment of the Agreement

If the Customer wishes to amend the Agreement, the Customer can submit a request to Realease for this purpose. Such amendments only apply if they have been expressly accepted in Writing by Realease.
Realease reserves the right to amend or supplement the General Terms and Conditions, also with regard to already existing Agreements.
Amendments of minor importance, amendments based on the law, and amendments in favor of the Customer can be implemented at any time with immediate effect and do not require notification to the Customer.

Article 20 - Duration and end of the Agreement

Insofar as the Agreement does not provide otherwise, the following applies: a. the term of the License(s) is laid down in the Agreement; b. the Agreement cannot be terminated prematurely by the Customer, unless the Agreement explicitly provides for this; c. Article 7:408 paragraph 1 of the Dutch Civil Code does not apply to the Agreement; d. termination by the Customer never results in the lapse of the obligation to pay already due (License) fees, nor in an obligation to refund already paid (License) fees; e. if the Customer owes no fee to Realease under the Agreement, Realease is entitled to terminate the Agreement at any time and with immediate effect without any prior notice to the Customer being required.
Realease may suspend, dissolve, or terminate the Agreement at any time without a notice of default being required, if (i) the Customer has been declared bankrupt or has filed for its own bankruptcy, (ii) the Customer has been granted a moratorium on payments, (iii) the Customer's company is or is being dissolved or liquidated, (iv) an attachment has been levied on (part of) the Customer's assets.
If, at the time of dissolution of the Agreement, the Parties have already performed or received services in execution thereof, these services and the associated payment obligations will not be subject to reversal. Article 6:271 et seq. of the Dutch Civil Code does not apply to the Agreement.
Thirty days after the termination of the Agreement, all of the Customer's data will be removed from Realease's servers.

Article 21 - Complaints

If the Customer is not satisfied with the service of Realease or otherwise has complaints about the execution of their assignment, the Customer is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing with the subject "Complaint".
The complaint must be sufficiently substantiated and/or explained by the Customer for Realease to be able to handle the complaint.
Realease will respond substantively to the complaint as soon as possible, but no later than 21 calendar days after receipt of the complaint.
The Parties will try to reach a solution together.

Article 22 - Final Provisions

The Agreement is governed by Dutch law.
All disputes arising from or related to the Agreement will be exclusively submitted to the competent court in the district where Realease is located, unless otherwise prescribed by mandatory law.
Realease has the right to transfer the Agreement in whole or in part to a group company as referred to in Article 2:24b of the Dutch Civil Code, or to a third party that takes over the relevant business activity(ies) of Realease, without any further consent or cooperation from the Customer being required.
The version of communication, measurements, or other information received or stored by Realease is deemed to be correct, unless proven otherwise by the Customer.
If any provision of the Agreement proves to be null and void or is annulled or for any other reason becomes or is wholly or partially invalid, the other provisions of the Agreement will remain in full force. Realease will replace the invalid provision with a provision that is valid and whose legal consequences, given the content and scope of the Agreement, correspond as much as possible to those of the invalid provision.