These general terms and conditions apply to the agreement between FileFlow B.V. (Torenallee 106-02, Strijp S, 5617 BE Eindhoven) and the user of FileFlow B.V.’s services, hereinafter referred to as the “Counterparty.”

1. Services of FileFlow B.V.

FileFlow B.V. makes available to its clients, in the form of the FileFlow image bank, software applications, and storage space for the management of images and related digital media.

2. Formation and Termination of the Agreement

1. Formation
   An agreement is formed by creating a user account that grants access to the services of FileFlow. By creating this account, these terms and conditions are also accepted, unless the parties have explicitly agreed otherwise.
2. Duration and Renewal
   The agreement is entered into for a term of one month and will, unless terminated, be automatically extended each month.
3. Termination
   The Counterparty may only terminate the agreement in writing, observing a notice period of at least one month.

3. Ownership of Data

All data entrusted to FileFlow B.V. by the Counterparty through the use of the facilities provided by FileFlow B.V. remains the property of the Counterparty. FileFlow B.V. will never assert any right to such data.

4. Responsibility for Data Management and Processing

The Counterparty is solely responsible for recording data in FileFlow, managing and using that data, and assigning rights to users and authorized persons with respect to the management, processing, and use of those data. FileFlow B.V. has no involvement in this regard and accepts no responsibility.

If the Counterparty fails to comply with legal requirements or otherwise acts in violation of the law, and third parties hold FileFlow B.V. liable for damage arising therefrom, the Counterparty in question is obliged to indemnify FileFlow B.V. against such liability and to compensate FileFlow B.V. for any consequences of that liability.

5. Security

FileFlow B.V. is under a duty of confidentiality with regard to all data entrusted to it by the Counterparty. FileFlow B.V. is obliged to implement adequate and up-to-date technical and organizational security measures. This includes, among other things, providing a secured SSL connection and the option to log in via two-step verification. For more detailed information on our security measures, please refer to our Data Processing Agreement (Verwerkersovereenkomst) and the accompanying ICO report, both of which are available upon request.

6. Privacy and Data Protection

1. Processing of Personal Data
   FileFlow B.V. processes personal data in accordance with the applicable laws and regulations on data protection, including the General Data Protection Regulation (GDPR).
2. Privacy Statement
   For more information on how we handle personal data, which personal data we process, and which rights you have regarding your personal data, please refer to our Privacy Statement, available at www.fileflow.nl/privacyverklaring.
3. User Responsibilities
   The Counterparty is responsible for the correct and lawful use of FileFlow B.V.’s services and must ensure that any processing of personal data via our services is in accordance with the GDPR and other applicable laws and regulations.

7. Retention Periods and Deletion of Data

1. Retention Periods
   FileFlow B.V. stores the data provided by the Counterparty for as long as the agreement remains in effect, unless otherwise agreed or legally required.
2. Deletion of Data
   After termination of the agreement, FileFlow B.V. will first remove the Counterparty’s data through a “soft deletion.” During a 30-day period, the account and data can still be recovered. After this period, the data will be permanently deleted (“hard deletion”) within a maximum of three months after the termination of the agreement.

8. Liability

1. Limitation of Liability
   FileFlow B.V. ensures and is responsible for the proper functioning of the services agreed upon with the Counterparty. FileFlow B.V.’s liability for damages is limited to direct damages and to the amount the Counterparty owes FileFlow B.V. for the use of FileFlow B.V.’s services in the year in which the event giving rise to the damage occurred.
2. Exclusion of Indirect Damages
   FileFlow B.V. is not liable for indirect damages, consequential damages, loss of profits, missed savings, business interruption, or any other form of indirect damage.
3. Intent or Willful Recklessness
   This limitation of liability does not apply if the damage was caused by intent or willful recklessness on the part of FileFlow B.V. or its executive management.

9. Support

1. Helpdesk
   FileFlow B.V. provides helpdesk support for the use of its services. On weekdays (Monday to Friday) from 9:00 a.m. to 5:00 p.m., users of the Counterparty can contact the FileFlow Helpdesk by phone or email for questions, or to report malfunctions and incidents. The helpdesk can be reached at +31 (0)85 4018433 or via [email protected].
2. Application Availability
   The FileFlow B.V. application is available to the Counterparty 24 hours a day, 7 days a week, except when it is temporarily out of service (see Article 10).

10. Changes and Maintenance

1. Maintenance Work
   FileFlow B.V. may temporarily take its systems out of service for maintenance, improvements, or updates. Such work is carried out outside office hours (8:30 a.m. to 6:00 p.m.), unless a direct intervention is necessary to ensure the continuity and functionality of the service. FileFlow B.V. endeavors to minimize any inconvenience to the Counterparty.
2. Modifications to the Application
   In order to maintain continuity and quality of service, FileFlow B.V. is permitted to make changes to the application.

11. Payment

1. Rates
   The Counterparty owes the agreed rate for FileFlow B.V.’s services. Unless agreed otherwise, the rate is charged by means of a monthly invoice from FileFlow B.V.
2. Suspension of Service
   FileFlow B.V. is entitled to disable the services if the Counterparty has a payment arrears of two monthly installments, without prejudice to FileFlow B.V.’s rights to payment of the outstanding installments.
3. Rate Adjustments
   FileFlow B.V. will inform the Counterparty in writing about any changes to the rate at least two months before such changes come into effect.

12. Governing Law and Disputes

These general terms and conditions are governed by Dutch law. All disputes arising from or related to these general terms and conditions and the agreement between FileFlow B.V. and the Counterparty shall be submitted to the competent court in the district where FileFlow B.V. is established.