CLOUD SERVICE USER AGREEMENT BELONGING TO THE TILT ROVER
Boels-User-Agreement_NL VersionBoels-User-Agreement_DE Version
1. GENERAL
This user agreement (鈥?strong>User Agreement鈥? applies to the use of the cloud service (鈥?strong>Cloud鈥? that belongs to the Tilt Rover you have hired or purchased from Boels Verhuur B.V. (鈥?strong>Boels Rental鈥?. By using the Cloud, you accept the terms and conditions of this User Agreement.
2. CLOUD
If you accept the terms and conditions of this User Agreement, Boels Rental grants you, as the hiring party of the Tilt Rover or as a purchaser of the Tilt Rover with a subscription to the Cloud, the temporary, non-exclusive and non-transferable right to the use of the Cloud service, specifically intended for the on-cloud storage of the data that is generated by the Tilt Rover (鈥?strong>Right of Use鈥?. No further rights in relation to the Cloud are granted to you other than those contained in this User Agreement.
3. ACCESS AND SECURITY
Boels Rental creates a user account for each Tilt Rover that provides access to the Cloud. Subsequently, Boels Rental gives you, as the legitimate user of the hired or purchased Tilt Rover, the login details to access the Cloud user account belonging to the Tilt Rover.
You are fully responsible for managing the data that gives you access to the Cloud and for ensuring the data's confidentiality, and you shall treat the data with care. You shall also take all necessary measures to safeguard the confidentiality of that data, for example by regularly changing the password.
As soon as you notice or suspect that the confidentiality of the login details has been breached, or that the Cloud has been misused, you shall immediately change the password and notify Boels Rental without delay.
4. USING THE CLOUD
When using the Cloud, you shall strictly comply with the terms and condition of this User Agreement. If Boels Rental determines that you are in breach of, or have in any way violated the terms and conditions of this User Agreement, Boels Rental has the right to take such measures as it deems appropriate, including but not limited to deleting the data that has been uploaded to and/or is stored in the Cloud, suspending or terminating the Cloud and user account, and terminating the Cloud subscription, without you being entitled to rescind or claim compensation for the rental agreement or purchase agreement entered into with Boels Rental in relation to the Tilt Rover.
The Cloud is only intended for the storage of data generated by the Tilt Rover that you hire from Boels Rental, or that you have purchased from Boels Rental and for which you have a Cloud subscription. It is not permitted to upload and/or store the data in the Cloud generated by a Tilt Rover that is not hired from Boels Rental, or for which there is no subscription with Boels Rental.
You are not permitted to use the Cloud in combination with any equipment other than the Tilt Rover you have hired from Boels Rental, or which you have purchased from Boels Rental in combination with a Cloud subscription.
Use of the Cloud is subject to a data storage limit of 100MB, unless otherwise agreed in writing. Storing a larger amount of data is not permitted, unless specifically agreed otherwise in writing. If more or different data is stored than permitted, Boels Rental has the right to take appropriate measures, including the measures mentioned in the first paragraph of this clause 4.
As a user of the Cloud, you are fully responsibility for ensuring that you have access to suitable and properly functioning hardware (including computers and mobile devices), software and internet access to the Cloud with sufficient capacity.
The Cloud may not be used for actions that are illegal and/or can be harmful or damaging.
You are responsible for how you use and process the data stored in Cloud. It is your task to ensure that you make adequate security copies of the data stored in the Cloud.
Boels Rental has the right to make changes to the Cloud at any time. Boels Rental will make reasonable efforts to inform you of any intended changes in a timely manner. The possible costs incurred by you as a result of such (a) change(s) will be at your expense.
5. DURATION AND TERMINATION
The Right of Use is valid until the termination date thereof. The duration of the Right of Use is set out in the agreement you have concluded with Boels Rental for renting the Tilt Rover, or in the subscription that accompanies the Tilt Rover purchased from Boels Rental. Unless stipulated otherwise in that agreement, the following validity periods apply: (a) in the case of rental of the Tilt Rover, for the duration of the rental period, and (b) in the case of purchase of the Tilt Rover, for the duration of the subscription period.
Boels Rental has the right to terminate this User Agreement and the Right of Use if you breach one or more terms of this User Agreement.
You will no longer have access to the Cloud after the Right of Use period expires. If, for any reason whatsoever, it appears that you still have access to the Cloud after the end of the Right of Use period, this does not mean you are entitled or can claim such access or can renew the Right of Use.
6. COSTS
In the case of hiring the Tilt Rover from Boels Rental, you do not pay any additional periodic costs for the use of the Cloud. Those periodic costs are already included in the rental price.
When you purchase the Tilt Rover from Boels Rental and wish to use the Cloud, you need to take out a subscription. The periodic costs of the Cloud are then charged monthly, unless otherwise agreed in writing.
The periodic costs relate only to the Cloud, and therefore do not include the costs of related equipment or the costs required for related (network) services (such as the costs for access to the internet or costs of mobile telephone use).
If you are in default of payment of any amount due to Boels Rental, Boels Rental is entitled to deny you access to the Cloud by blocking your user account and Boels Rental has the right to delete the uploaded and/or stored data, without you having any entitlement to compensation or rescission of the rental agreement or purchase agreement that you have concluded with Boels Rental.
7. OWNERSHIP
The Cloud, including the texts contained therein, the structure, layout, presentation, logos, graphic components, any technical documentation and the entirety of other elements of the Cloud, are protected by the intellectual rights of Boels Rental and/or its licensors.
This User Agreement does not alter the (intellectual) property rights in relation to the Cloud. The Cloud and all (intellectual) property rights relating thereto, therefore remain vested in Boels Rental and/or its licensors.
The data that you, as a user, upload to the Cloud will remain your property as long as you comply with the provisions of this User Agreement.
You are not permitted to duplicate or make copies in any form of the Cloud (software) or to remove, conceal or change any trademarks, author's marks, trademarks and/or other brand or property notices contained or displayed in the Cloud environment.
8. LIABILITY OF BOELS RENTAL
In addition to the applicable general rental terms and conditions of Boels Rental, the following applies with regard to the liability of Boels Rental.
Unless expressly stated otherwise, Boels provides no guarantees with regard to the Cloud, and in particular not with regard to the (uninterrupted) availability thereof, the security, the absence of errors or faults, the presence of additional functionalities, the interoperability, the correctness of information provided via the Cloud, nor with regard to the accuracy and/or completeness of such data.
Boels does not guarantee that the data made available through the Cloud is suitable for the purpose for which it is accessed by you. All information is offered in the state in which it actually is, and as supplied without any (implicit) guarantee or safeguard with regard to its soundness and/or suitability for a specific purpose or otherwise.
Boels Rental can in no event be held liable for the cost of purchasing replacement products or services, loss of profit or turnover, loss of an opportunity, business stagnation or (staff) costs, loss of information or data, loss of reputation or any other indirect, incidental or consequential damage arising in any way from the use of, or the inability to use, all or part of the Cloud, even if Boels Rental has been informed of the possibility of such damage.
9. HOSTING
The Cloud is hosted by a supplier of Boels Rental.
10. (PERSONAL) DATA AND PRIVACY
The Cloud is not intended for the storage of personal data as referred to in the General Data Protection Regulation. Through your user account, you have the option to change and/or delete the (personal) data you have stored yourself.
The data in the Cloud, including any personal data you have stored, will not be shared by Boels Rental with third parties, except for the storage, hosting or security of the Cloud platform by a third party, for the maintenance of the Cloud by a third party, or in the event of the transfer of the rights to the Cloud to a third party. Boels Rental has made appropriate arrangements with the relevant third parties which, if necessary, are set out in a processing agreement. Boels Rental will not process and/or store your personal data outside the European Economic Area without your explicit prior consent.
The data stored in the Cloud will be retained for one (1) year after the end of the rental agreement, or one (1) year after the end of the subscription in the event of a purchase involving a subscription. Thereafter, the data will be permanently deleted.
To read how Boels Rental processes your personal data, you can view the Privacy Statement at: https://www.boels.com/en-nl/privacy-statement.
Should you have any questions about the Cloud service or the contents of this User Agreement, please contact Boels Survey & Laser, Customer Support Department.
Copyright Boels Verhuur B.V., version 11/2022
