The service “Shopwarden” is offered over the internet in the form of Software-as-a-Service by the company Brightwood. The use of Shopwarden is subject to the below terms and conditions. Using Shopwarden constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Brightwood.
1.1. The service Shopwarden allows you to monitor your infrastructure from our web dashboard and mobile app.
1.2. To use Shopwarden, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Shopwarden may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Shopwarden that someone else knows your password.
1.4. Shopwarden processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Shopwarden for more information.
2.1. It is not permitted to use Shopwarden for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. On Shopwarden it is forbidden to
2.3. Should Shopwarden discover that you violate any of the above, or receive a complaint alleging the same, then Shopwarden may intervene to end the violation.
2.4. If in the opinion of Shopwarden the continued functioning of the computer systems or network of Shopwarden or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Shopwarden may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. Shopwarden is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6. Shopwarden may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Shopwarden from all third-party claims arising out of your violation of these terms of use.
3.1. Shopwarden uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Shopwarden actively maintains the service. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Shopwarden may from time to time adapt the service. Your feedback and suggestions are welcome but ultimately Shopwarden decides which adaptations to carry out (or not).
4.1. The service Shopwarden, the accompanying software as well as all information and images on the website is the intellectual property of Brightwood. None of these items may be copied or used without prior written permission of Brightwood, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Shopwarden receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Shopwarden, for example a bug report or suggestion for improvement, you grant Shopwarden a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Shopwarden shall refrain from accessing data you store, use or transfer in the platform, unless this is necessary for a good provision of the service or Shopwarden is forced to do so by law or order of competent authority. In these cases Shopwarden shall use its best efforts to limit access to the information as much as possible.
5.1. The use of Shopwarden with a paid plan is subject to fees. When choosing a plan we will inform you of the fees. The fee is due every month and must be paid in advance.
5.2. When using SMS, phone or other alerts, charges may occur. If these charges exceed the limit of your plan, they will be added to your next month’s bill and charged to your payment method.
5.2. Payment is possible by credit card or by invoice when agreed upfront.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
6.1. Except in case of intentional misconduct or gross negligence the liability of Shopwarden shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Shopwarden in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Shopwarden at most two months after discovery.
6.4. In case of force majeure Shopwarden is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, IT infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. You may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice.
7.3. Shopwarden is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Shopwarden shall first send a reminder mail to the e-mail address connected to your account.
7.4. You can export the you store or process using the service at any time through the service interface.
8.1. Shopwarden may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. Shopwarden shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Shopwarden after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Shopwarden shall be brought before the competent Dutch court for the principal place of business of Brightwood.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Shopwarden service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Shopwarden shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Shopwarden is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Shopwarden or the associated business activities