MissedClicks.com

MissedClicks Terms of Use

The ‘MissedClicks’ service is offered to you via the internet as software as a service by the company DownToTheCloud holding bv hodn MissedClicks. The use of MissedClicks is subject to the following terms and conditions. By using MissedClicks , you agree to these terms and conditions.

Deviations from these terms and conditions are only binding if they have been accepted in writing by DownToTheCloud holding bv hodn MissedClicks .

  1. Use of the service

    1. MissedClicks is a service that helps you improve the click-through rate of your online search results. Based on a scan of your website, you will receive free insights and, for a one-time fee, areas for improvement and concrete alternative search results.
    2. To use MissedClicks , you must first register. Once your registration is complete, you can log in to your account immediately and use the service.
    3. You must protect access to your account from unauthorised persons by means of a username and password. In particular, you must keep your password strictly confidential. DownToTheCloud holding bv hodn MissedClicks may assume that everything that happens from your account after logging in with your username and password is done under your direction and supervision. You are therefore liable for all these actions, unless you have notified DownToTheCloud holding bv hodn MissedClicks that someone else knows your password.
    4. MissedClicks processes your personal data. You consent to all forms of processing that fall within the scope of the service. For more information, please consult the privacy statement of DownToTheCloud holding bv hodn MissedClicks .

  2. Terms of use

    1. It is prohibited to use MissedClicks for activities that are contrary to Dutch or other applicable laws and regulations. This includes storing or distributing information via the service that is defamatory, libellous or racist.
    2. If DownToTheCloud holding bv hodn MissedClicks finds that you are in breach of the above conditions, or receives a complaint about this, it will warn you. If this does not lead to an acceptable solution, DownToTheCloud holding bv hodn MissedClicks may intervene itself to end the violation. In urgent or serious cases, DownToTheCloud holding bv hodn MissedClicks may intervene without warning.
    3. If, in the opinion of DownToTheCloud holding bv hodn MissedClicks , nuisance, damage or any other danger arises for the functioning of the computer systems or the network of DownToTheCloud holding bv hodn MissedClicks or third parties and/or the provision of services via the internet, in particular due to excessive sending of e-mail or other data, leaks of personal data or activities of viruses, trojans and similar software, DownToTheCloud holding bv hodn MissedClicks is entitled to take all measures it deems reasonably necessary to avert or prevent this danger.
    4. DownToTheCloud holding bv hodn MissedClicks is entitled at all times to report any criminal offences it discovers.
    5. DownToTheCloud holding bv hodn MissedClicks may recover from you any damage resulting from violations of these rules of conduct. You indemnify DownToTheCloud holding bv hodn MissedClicks against all claims from third parties relating to damage resulting from a violation of these rules of use.

  3. Availability and maintenance

    1. DownToTheCloud holding bv hodn MissedClicks guarantees that the service will be available 99.9% of the time.
    2. DownToTheCloud holding bv hodn MissedClicks actively maintains MissedClicks . If maintenance is expected to result in a limitation of availability, DownToTheCloud holding bv hodn MissedClicks will carry this out during the night between 11 p.m. and 7 a.m. local time. Maintenance will be announced in advance where possible. Maintenance in connection with emergencies may take place at any time and will not be announced in advance.
    3. DownToTheCloud holding bv hodn MissedClicks may modify the functionality of MissedClicks from time to time. Your feedback and suggestions are welcome, but ultimately DownToTheCloud holding bv hodn MissedClicks decides which modifications it will or will not implement.

  4. Intellectual property

    1. The MissedClicks service, the associated software and all information and images on the website are the intellectual property of DownToTheCloud holding bv hodn MissedClicks . These may not be copied or used in any way without the separate written permission of DownToTheCloud holding bv hodn MissedClicks , except in cases where this is permitted by law.
    2. Information that you store or process via the service is and remains your property or that of your suppliers. DownToTheCloud holding bv hodn MissedClicks has a limited right to use this information for the service, including for future aspects thereof. You can revoke this right of use by deleting the relevant information and/or terminating the agreement.
    3. If you send information to DownToTheCloud holding bv hodn MissedClicks , for example feedback about an error or a suggestion for improvement, you grant it an unlimited and perpetual right to use this information for the service. This does not apply to information that you expressly mark as confidential.

  5. Fee for the service

    1. MissedClicks is offered to you completely free of charge.

  6. Liability

    1. Except in cases of intent or gross negligence, DownToTheCloud holding bv hodn MissedClicks accepts no liability whatsoever for the use of the service or any damage related thereto.
    2. DownToTheCloud holding bv hodn MissedClicks is expressly not liable for indirect damage, consequential damage, lost profit, lost savings and damage due to business interruption.
    3. Any right to compensation is conditional upon you reporting the damage in writing to DownToTheCloud holding bv hodn MissedClicks within two months of discovery at the latest.
    4. In the event of force majeure, DownToTheCloud holding bv hodn MissedClicks is never obliged to compensate you for any damage you may have suffered as a result. Force majeure includes, among other things, malfunctions or failures of the internet, the telecommunications infrastructure, power failures, domestic unrest, mobilisation, war, transport blockages, strikes, lockouts, business disruptions, supply stagnation, fire and flooding.

  7. Duration and termination

    1. This agreement commences as soon as you use the service for the first time and runs for an indefinite period.
    2. If you enter into the agreement as a consumer, you may terminate the agreement at any time with one month's notice, calculated from the moment of termination. Business customers may terminate the agreement at any time with two months' notice.
    3. DownToTheCloud holding bv hodn MissedClicks may terminate the agreement if you have not logged in for eighteen months. In that case, it will first send a reminder email to the email address linked to your account.
    4. Upon request and at an additional cost, DownToTheCloud holding bv hodn MissedClicks can provide you with a copy of the stored data. Please enquire about the options and costs.

  8. Changes to terms and conditions

    1. DownToTheCloud holding bv hodn MissedClicks may amend these terms and conditions and the prices at any time.
    2. DownToTheCloud holding bv hodn MissedClicks will announce the changes or additions at least thirty days before they take effect via the service so that you can take note of them.
    3. If you do not wish to accept a change or addition, you may terminate the agreement before the date on which it takes effect. Use of the service after the date on which it takes effect constitutes acceptance of the amended or supplemented terms and conditions.

  9. Other provisions

    1. This agreement is governed by Dutch law.
    2. Unless otherwise prescribed by mandatory law, all disputes relating to MissedClicks will be submitted to the competent Dutch court in the district in which DownToTheCloud holding bv hodn MissedClicks is established.
    3. If a provision in these terms of use requires that a notification be made ‘in writing’, this requirement will also be met if the notification is made by email or communication via the service, provided that it is sufficiently certain that the message actually originates from the alleged sender and that the integrity of the message has not been compromised.
    4. The version of communication or information as stored by DownToTheCloud holding bv hodn MissedClicks shall be deemed to be correct, unless you provide evidence to the contrary.
    5. If any provision in these terms of use proves to be invalid, this shall not affect the validity of the entire terms of use. In this case, the parties shall agree on a new provision to replace the invalid provision, which shall reflect the intention of the original provision as far as legally possible.
    6. DownToTheCloud holding bv hodn MissedClicks is entitled to transfer its rights and obligations under the agreement to a third party that takes over MissedClicks or the relevant business activity from it.