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Terms of Use - ZZP Pulse

Last Updated: January 2025

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING ZZP PULSE. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hermes Business Intelligence ("Company," "we," "us," or "our") regarding your use of the ZZP Pulse mobile application ("App").

By accessing or using the App, you: - Acknowledge that you have read and understood these Terms - Agree to be bound by these Terms and our Privacy Policy - Represent that you are at least 18 years old and legally capable of entering into this agreement

2. CRITICAL DISCLAIMERS

THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE:

2.1 No Financial or Tax Advice - The App is a TOOL ONLY for recording business data - We do NOT provide financial, tax, legal, or accounting advice - All calculations, suggestions, or information provided are for REFERENCE ONLY - You MUST consult with qualified professionals (accountant, tax advisor, lawyer) for advice - We are NOT responsible for tax calculations, BTW rates, or compliance issues

2.2 No Guarantee of Accuracy - The App may contain errors, bugs, or inaccuracies - We make NO WARRANTIES about the accuracy, reliability, or completeness of any information - You are SOLELY RESPONSIBLE for verifying all data and calculations - Do NOT rely on the App as your only business record system

2.3 Not a Registered Financial Service - Hermes Business Intelligence is NOT a registered financial institution - We are NOT licensed to provide financial services - The App is NOT certified for tax compliance in any jurisdiction

3. LICENSE AND RESTRICTIONS

3.1 Limited License We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal business administration purposes only.

3.2 Restrictions You agree NOT to: - Use the App for any illegal or unauthorized purpose - Reverse engineer, decompile, or disassemble the App - Remove, alter, or obscure any proprietary notices - Use the App to violate any laws, including tax laws - Hold us responsible for your business decisions or tax filings - Rely on the App as your sole business administration system

4. DATA AND BACKUP RESPONSIBILITIES

4.1 YOUR DATA IS YOUR RESPONSIBILITY **CRITICAL WARNING:** - ALL data is stored LOCALLY on your device - We have NO access to your data - We CANNOT recover lost data - We are NOT responsible for data loss, corruption, or theft - Device loss = Data loss (unless you have backups)

4.2 Backup Obligations YOU are SOLELY responsible for: - Creating regular backups of your data - Storing backups in secure locations - Testing backup restoration regularly - Maintaining multiple backup copies - Protecting backup files from unauthorized access

4.3 No Cloud Storage - The App does NOT automatically backup to any cloud service - Optional Google Drive integration is AT YOUR OWN RISK - We are NOT responsible for Google Drive availability or data loss

5. LIMITATION OF LIABILITY

5.1 NO LIABILITY FOR DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERMES BUSINESS INTELLIGENCE BE LIABLE FOR:

  • Data Loss: Including but not limited to loss of business records, financial data, or any stored information
  • Financial Losses: Including tax penalties, missed deductions, incorrect filings, or business losses
  • Indirect Damages: Lost profits, business interruption, loss of business information
  • Device Issues: Hardware failure, software conflicts, operating system issues
  • Third-Party Actions: Hacking, theft, unauthorized access to your device
  • Consequential Damages: Any damages arising from your use or inability to use the App
  • Reliance Damages: Losses from relying on App calculations or information

5.2 Maximum Liability If, despite the above, we are found liable for any damages, our total liability shall not exceed the amount you paid for the App (likely €0).

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hermes Business Intelligence and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your tax filings or business decisions
  • Any data loss or security breach on your device
  • Claims by third parties related to your use of the App

7. WARRANTIES DISCLAIMER

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • SECURITY OR VIRUS-FREE OPERATION
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We specifically DO NOT warrant that: - The App will meet your requirements - The App will be available at all times - Calculations will be accurate or error-free - Data will be secure or backed up - The App will be compatible with all devices or OS versions

8. SPECIFIC USE DISCLAIMERS

8.1 Tax Compliance - BTW calculations are ESTIMATES ONLY - Tax rates may be outdated or incorrect - You MUST verify all tax-related information - We are NOT responsible for tax audits or penalties - Consult a tax professional for all tax matters

8.2 Invoice Generation - Generated invoices are TEMPLATES ONLY - You MUST ensure invoices comply with Dutch law - We are NOT responsible for invoice accuracy or legality - Verify all invoice requirements with your accountant

8.3 Kilometer Tracking - GPS tracking may be inaccurate - You MUST verify distances for tax purposes - We are NOT responsible for location data accuracy - Keep manual records as backup

9. PRIVACY AND PERMISSIONS

9.1 Local Data - All business data remains on YOUR device - You control all data access and sharing - We cannot see, access, or recover your data

9.2 Analytics - We collect anonymous usage analytics - See our Privacy Policy for details - Analytics help improve the App but are not essential

9.3 Device Permissions You grant necessary permissions at your own risk: - Location: For kilometer tracking - Camera/Photos: For receipt scanning - Storage: For data and backups - Notifications: For reminders

10. UPDATES AND CHANGES

10.1 App Updates - We may update the App at any time - Updates may change features or functionality - We are NOT obligated to maintain backward compatibility - You are responsible for backing up data before updates

10.2 Terms Updates - We may modify these Terms at any time - Continued use after changes means acceptance - Check Terms regularly for updates

11. TERMINATION

11.1 Your Rights You may stop using the App at any time by uninstalling it.

11.2 Our Rights We may terminate or suspend your access to the App at any time, without notice, for any reason.

11.3 Effect of Termination Upon termination: - Your license to use the App ends - You remain responsible for all data backups - We have no obligation to maintain or return data - All disclaimers and limitations survive termination

12. GOVERNING LAW

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes shall be resolved in the courts of the Netherlands.

13. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.

14. NO PROFESSIONAL RELATIONSHIP

Use of the App does NOT create any professional relationship between you and Hermes Business Intelligence. We are NOT your: - Accountant or bookkeeper - Tax advisor - Financial advisor - Legal counsel - Business consultant

15. FORCE MAJEURE

We are not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to: - Natural disasters - Internet outages - Device failures - Operating system changes - App store policies - Government actions

16. ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the entire agreement between you and Hermes Business Intelligence regarding the App.

17. CONTACT INFORMATION

For questions about these Terms: - Email: legal@zzppulse.nl - Address: Amsterdam, Netherlands

18. FINAL WARNINGS

BY USING ZZP PULSE, YOU ACKNOWLEDGE AND AGREE THAT:

  1. The App is NOT professional financial or tax software
  2. You WILL consult professionals for all important decisions
  3. You WILL maintain external backups of critical data
  4. You WILL verify all calculations independently
  5. You WILL NOT hold us liable for ANY damages or losses
  6. You understand that YOUR DATA CAN BE LOST AT ANY TIME
  7. You accept FULL RESPONSIBILITY for your business records

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE APP.

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REMEMBER: This App is a convenience tool only. Always maintain proper business records, consult qualified professionals, and never rely solely on any app for critical business decisions.

Terms of Use - ZZP Pulse | Gebruiksvoorwaarden