Terms of Service

Acceptance of Terms

By accessing and using the BrightDelphinium website (brightdelphinium.pro) and our services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

These terms apply to all users of our website and services, including customers, prospective clients, and website visitors. BrightDelphinium B.V. reserves the right to modify these terms at any time, and such modifications will be effective immediately upon posting on our website.

Company Information

BrightDelphinium B.V. is a Dutch private limited liability company providing e-commerce platform solutions and related services.

Services Description

BrightDelphinium provides e-commerce platform development, implementation, and related consulting services. Our services include but are not limited to:

• Custom e-commerce platform development
• E-commerce system integration and connectivity
• Mobile commerce solutions
• Performance optimisation and security implementation
• Technical support and maintenance services
• Business consultation and strategic planning

Service specifications, timelines, and deliverables will be detailed in separate service agreements or statements of work.

User Obligations

When using our website and services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes and in accordance with these terms
• Not interfere with or disrupt our website or services
• Not attempt to gain unauthorised access to our systems or networks
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of BrightDelphinium and third parties

You are responsible for all activities that occur under your account or access credentials.

Intellectual Property

All content, materials, and intellectual property on the BrightDelphinium website and in our services, including but not limited to text, graphics, logos, images, software, and design elements, are owned by or licensed to BrightDelphinium B.V. and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our intellectual property without our prior written consent. Any unauthorised use of our intellectual property may violate copyright, trademark, and other laws.

Custom developments and solutions created specifically for clients will be subject to separate intellectual property agreements as outlined in individual service contracts.

Payment Terms

Payment terms for our services will be specified in individual service agreements or invoices. Generally:

• Payments are due within 30 days of invoice date unless otherwise specified
• Late payments may incur interest charges as permitted by law
• All prices are exclusive of applicable taxes unless stated otherwise
• We reserve the right to suspend services for overdue payments

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms of Service. By using our services, you consent to our data practices as described in the Privacy Policy.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and Dutch data protection legislation.

Limitation of Liability

To the maximum extent permitted by law, BrightDelphinium B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our website or services.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim during the twelve months preceding the claim.

We provide our services "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in these terms shall limit or exclude our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law.

Indemnification

You agree to indemnify, defend, and hold harmless BrightDelphinium B.V., its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms of Service
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Groningen, Netherlands.

If any provision of these terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Termination

Either party may terminate the use of our services or website access at any time with or without cause. BrightDelphinium reserves the right to suspend or terminate your access to our services immediately if:

• You breach these Terms of Service
• You fail to pay for services when due
• Your use of our services poses a security risk or violates applicable laws
• We cease to offer the services

Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination shall survive, including intellectual property rights, limitation of liability, and governing law clauses.

Specific termination terms for ongoing service contracts will be detailed in individual service agreements.

Force Majeure

BrightDelphinium shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and BrightDelphinium regarding your use of our website and services.

These terms supersede all prior or contemporaneous communications, proposals, and agreements relating to the subject matter herein.

Contact Information

If you have any questions about these Terms of Service or need legal clarification, please contact us: