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Terms & Conditions

Last updated: April 2022

1. mintBlue's Services

mintBlue (hereinafter "mintBlue"), a trade name of KYRT BV, with registered office at 2000 ANTWERP, Amerikalei 13 box 16 and with company registration number BE0770.618.379 is a convergence infrastructure platform (hereinafter the "Platform") offering enterprise-grade infrastructure for business.

mintBlue's API allows companies to read and write data to the infrastructure. mintBlue's SDK allows the User to integrate the mintBlue API more easily. mintBlue also enables integration with 3,000+ applications through its connector ecosystem.

The User's data can be encrypted with mintBlue. The User's data is encrypted with the User's keys before they leave the User's device or server. Only the User can access this data.

2. Applicability

The access and use of the Platform, the sale and purchase of subscriptions, services and products of mintBlue by the user (the "User") is subject to acceptance without modification of all terms and conditions contained herein. By clicking the "I agree" button, the User declares to have read and agrees that their use of the Platform is exclusively governed by these general terms and conditions.

The most recent and applicable version of the general conditions is always available on the Platform or the website mintblue.com. These terms and conditions may be updated and/or adapted from time to time by mintBlue.

mintBlue reserves the right to adapt the Platform, including adding, removing or discontinuing, temporarily or permanently, any tool, service or other feature of the Platform without any liability against the User or any third parties.

3. Access to the Platform

The User must create a user account and profile with mintBlue via the Platform when the User first accesses and uses the Platform. The User agrees to provide complete, current, accurate and truthful data during registration and use of the Platform.

mintBlue reserves the right to require the User to submit additional information and/or documents to enable mintBlue to verify the User's identity and assess business risk.

The User may close their account at any given time. This does not affect the User's obligation to pay any fees incurred before closure.

mintBlue reserves the right to immediately suspend or close the User's account, without notice, if mintBlue learns or reasonably suspects that the User is using their account to engage in unlawful or improper activity.

4. Subscription and Licensing

Subject to these general terms and conditions, the User is granted a non-exclusive, personal, restricted, revocable, non-transferable and non-sub-licensable license to access and use the functionality of the Platform.

The license term is one month and this term will automatically renew at the end of the license term. To prevent renewal of the license, the User must give a notice of non-renewal before the end of the then current license term.

The User may register for a free trial enabling the User to use the Platform on a trial basis free of charge. The free trial lasts until the end of the free trial period as agreed or the start date of a paid license.

The User agrees to use the Platform only for its intended use as set forth in these general terms and conditions and within the limits of the applicable law.

5. Offers, Orders and Prices

Any offer is made by mintBlue without obligation, can be adapted or withdrawn by mintBlue and is valid while it lasts. A contract is only validly concluded when the User expressly accepts the offer of mintBlue.

The prices mentioned on the Platform are for information purposes and are indicated in euros. mintBlue reserves the right to change the prices at any time. The prices shown are inclusive of VAT.

6. Payments

In consideration for the access to and use of the Platform, mintBlue will charge the fees as displayed on the Platform. Unless expressly agreed otherwise, payment is made electronically when placing the order through the payment module(s) made available to the User.

In case of subsequent payment, the invoices are payable no later than 15 days after the invoice date. Costs associated with payment shall be borne solely by the User.

7. No Right of Withdrawal

By accessing the Platform and subscribing to mintBlue's services, the User immediately obtains full access to the services of mintBlue. The User expressly confirms that the execution of services has begun with the explicit prior consent of the User.

In cases where the User, in the capacity of consumer, would be entitled to a right of withdrawal, the User then has the right to withdraw from the contract within a period of 14 calendar days without giving any reason.

8. Liability

To the maximum extent permitted under applicable law, mintBlue shall not be liable for any damages unless resulting from mintBlue's gross negligence, wilful misconduct or fraud.

Should the liability of mintBlue be established, mintBlue's liability will be limited to direct and material damages, excluding loss of profit, turnover, loss of income, production limitations, administration or staff costs and/or claims from third parties.

mintBlue's liability will in any case be limited to the fees paid to mintBlue during a period of 12 months prior to the occurrence giving rise to the liability.

mintBlue is legally released in case of force majeure.

9. Indemnity

The User agrees to defend, indemnify, and hold harmless mintBlue and its subsidiaries, agents, managers, and other affiliated companies from and against any and all claims, damages, obligations, losses, liabilities, costs or debt arising from: use of and access to the Platform; violation of any of these terms and conditions; violation of any third-party right; violation of any law, rule or regulation; any claim or damages that arise as a result of any content the User submits; or any other party's access and use of the Platform with the User's credentials.

10. Intellectual Property Rights

The products and services provided by mintBlue as well as the content and all parts of the Platform are protected by intellectual rights belonging to mintBlue or third parties who have authorised their use to mintBlue.

The User is not entitled to modify, copy, distribute, transmit, reproduce, publish, license, transfer or sell any information or content obtained nor to create derivative works. The provision of products or services by mintBlue does not imply any transfer of its intellectual rights.

mintBlue retains all its rights related to its databases, platforms, graphics, software, applications, programmes, code, etc.

11. Use of Personal Data

mintBlue only uses the User's personal information in accordance with the privacy policy on the Platform and/or Website.

mintBlue operates as data processor and the User as data controller for the processing of any personal data in accordance with applicable law. mintBlue only processes personal data on the documented instructions from the User.

12. Applicable Law and Venue

These general conditions, as well as all other agreements between mintBlue and the User, are exclusively governed by Belgian law, with the exclusion of the Vienna Sales Convention.

All disputes between parties regarding this agreement fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division.