All capitalized definitions in these Terms and Conditions, both plural and singular, are defined as indicated in this article.

Account: Customer’s personal account, provided by Faucet Collector, through which the Platform can be accessed and through which the Software can be used.

Agreement: the agreement between Faucet Collector and Customer under which Faucet Collector provides access to the Platform, and of which these Terms and Conditions form an integral part.

Customer: a natural person or legal entity that concludes an Agreement with Faucet Collector in order to use the Platform.

Intellectual Property Rights: all intellectual property rights and related rights, including, but not limited to, copyright, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights as well as rights to know-how.

Parties: Customer and Faucet Collector, jointly (plural) or separately (singular).

Platform: the Faucet Collector platform on which Faucet Collector makes one or more Software available and which can be accessed through the website https://faucetcollector.com.

Software: the software created by Faucet Collector that can automatically visit websites and perform certain automated tasks on them.

Terms and Conditions: these general terms and conditions, which form an integral part of each Agreement.

The Agreement is concluded by completing the payment and the Customer has received the license key that grants the license for the Software. The Agreement will remain into force until terminated by Customer in accordance with the terms of these Terms and Conditions.

After conclusion of the Agreement, Faucet Collector grant Customer access to the Platform as soon as possible. Access to the Software will be granted via the Platform. Customer will provide Faucet Collector with the relevant payment and identification information that is required to identify him on the Platform to grant access to the Software.

Upon conclusion of the Agreement and in consideration of the applicable fees, Faucet Collector grants to Customer a non-exclusive and non-transferable license to the Software for the duration of one (1) year. This license does not include the right to sublicense, sell or otherwise multiply or disclose the Software in any way.

All Intellectual Property Rights to the Platform and the Software as well as all related information remain the property of Faucet Collector (or its licensors). None of these items may be copied or used without the prior written permission of Faucet Collector, except and to the extent permitted by mandatory law.

All Intellectual Property Rights that have arisen or will arise in connection to the Software are vested in Faucet Collector. Insofar as they are not already vested in Faucet Collector, there rights are hereby transferred by Customer to Faucet Collector, which transfer will be immediately accepted by Faucet Collector after the arising of the rights.

To access the Platform and use the Software, Customers will be provided with an Account and asked to provide login information (a unique username and password).

Customer is obliged to use any accounts made available by Faucet Collector in a careful manner and to keep its login information secure and strictly confidential. Faucet Collector has the right to assume that all acts performed following authentication of these accounts have been performed under the supervision and with the approval of Customer. Customer is obliged to notify Faucet Collector immediately if it suspects abuse of and/or unauthorised access to its accounts.

It is prohibited to use the Platform and the Software in a manner that is in violation of these Terms and Conditions or applicable laws and regulations. Additionally, using the Software in a manner that may cause hindrance or loss and/or damage to Faucet Collector or any third party is expressly not permitted.

In particular, Faucet Collector cannot be held responsible if the use of the Software denies access to the third party website or denies access to the account on the third party website. This is the responsibility of the Customer.

If Faucet Collector determines that Customer has violated these Terms and Conditions or applicable laws and regulations, or receives a complaint in this regard, Faucet Collector may take measures to end the violation. These measures may include the suspension or termination of access to the Platform.

If, in Faucet Collector's opinion, the operation of the computer systems or network of Faucet Collector or third parties and/or provision of services via the internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of data, leaked personal data or virus activity, Trojan horses and similar software, Faucet Collector is authorised to take any and all measures it deems reasonably necessary to avert or prevent such risk. These measures include, but are not limited to, suspension of the Agreement and termination of the Agreement.

• a. it is sufficiently plausible that the information, on its own, is unlawful and harmful with regard to the third party;
• b. the third party has a genuine interest in obtaining the data;
• c. it is plausible that, in the specific case, there is no less far-reaching measure to obtain the data;
• d. examining the interests involved entails that the third party’s interest should prevail; and

Customer will follow all reasonable instructions issued by Faucet Collector related to the use of the Platform and the Software.

Faucet Collector may recover from Customer any loss and/or damage sustained as a result of violations of these Terms and Conditions. Customer indemnifies and holds harmless Faucet Collector against any and all third-party claims pertaining to loss and/or damage arising from a violation of these Terms and Conditions. If Customer acts in the capacity of consumer, the aforementioned indemnity does not apply, but consumer is fully liable in those cases in which this ensues from applicable legislation and regulations.

Customer warrants and represents that any submission or uploading of (personal) data to Faucet Collector is lawful and that the processing of such data in accordance with the Agreement and does not contravene any applicable privacy laws and regulations.

Faucet Collector will use all reasonable endeavours to ensure continuous availability of the Platform, but cannot warrant uninterrupted availability of the Platform.

Measures taken by Faucet Collector under circumstances as described in article 5.4 and in Article 7 may result in a temporary interruption in the availability of the Platform.

From time to time, Faucet Collector may perform maintenance or make changes to the Platform and the Software in the form of updates or upgrades. Such updates or upgrades may result in a change in the functionality of the Platform and the Software. Suggestions by Customer are welcome, but Faucet Collector determines which changes will be made.

Updates or upgrades to the Platform are performed at times to be determined by Faucet Collector. Customer will not be able to use an older version of Software once an update or upgrade has been performed. Nor will Customer have any right or claim to an update or upgrade that was announced by Faucet Collector but was not performed.

The performance of maintenance-related activities may result in interruptions in the availability of the Platform and the Software. In case Faucet Collector is able to foresee certain maintenance-related activities resulting in such interruptions, it will apply all reasonable endeavours to ensure the activities do not take place during peak-hours but instead during times when the demand for access to the Platform is lowest.

Customer is solely responsible for installation of the Software and the usage of the Platform and the Software. Documentation with regard to the general use of the Software is provided through the Platform.

Faucet Collector offers access to a live chat where Customers can get support and advise regarding the use of the Software.

Parties will refrain from disclosing or using for any other purpose than within the scope of this Agreement, any trade secrets and other information of the other Party that has been designated as confidential or the confidential nature of which is known or can reasonably be deemed to be known by the other Party.

Parties accept the duty to observe strict secrecy towards third parties with respect to all that has been arranged for in this Agreement. In addition, Parties accept the duty to observe strict secrecy with respect to all information regarding the activities and organization of the other Party, except in as far as such information was already part of the public domain without any involvement of the other Party.

Faucet Collector will not disclose confidential Information to any third party except upon express written authorization by Customer and except any portion of confidential Information which is required to be disclosed by law, court order, or government regulation.

The personal data to be processed by Faucet Collector in the performance of the Agreement will be subject to privacy legislation. Faucet Collector will take into account the requirements of those laws when processing the personal data. Information on how Faucet Collector handles the personal data of Customers can be found in the privacy statement.

Agreements on processing and security are laid down in a separate data processing agreement which forms an integral part of these Terms and Conditions.

Except in case of intentional misconduct or deliberate recklessness by Faucet Collector’s management or managerial staff, Faucet Collector’s liability will be limited to the amount paid by Customer in the twelve (12) calendar months prior to the moment the cause of the damage occurred.

A limitation of liability included in the Agreement does not apply if Customer has concluded the Agreement in the capacity of a consumer, unless and insofar as the limitation is not unreasonably onerous in view of the content of the Agreement and the Parties' mutually recognisable interests.

In the event of force majeure, Faucet Collector will under no circumstances be liable for compensation. Force majeure includes failures or outages of the internet or the telecommunication infrastructure, unavailability or malfunctioning of the Platform, a (D)DOS or comparable attack, power failures, civil unrest, mobilization, war, transport disruptions, strikes, lockouts, business interruptions, stagnation in deliveries, fire and floods.

The Agreement will be valid for an initial period term of one (1) year starting from the date specified in the Agreement. After the initial term, the Agreement can be renewed with successive renewal terms of the same duration.

Customer may terminate the Agreement at any time by terminating the Account by sending an email to [email protected].

Termination of the Agreement will in no case affect the amounts owed or payable to Faucet Collector under the Agreement. Furthermore, termination of the Agreement will in no case result in restitution of the amounts paid to Faucet Collector under the Agreement.

Without prejudice to any other rights and remedies hereunder, Faucet Collector will be entitled to terminate the Agreement if Customer commits a breach of any of its obligations under this Agreement and such breach is irremediable or – if such breach is remediable – Customer fails to remedy that breach within a period of thirty (30) days after being notified in writing to do so. Faucet Collector may suspend or give notice to terminate the Agreement in writing with immediate effect, without notice of default being required, in the event Customer is declared bankrupt, Customer applies for or is granted suspension of payments, Customer’s activities are ceased or its business is wound up.

Upon termination of the Agreement, Faucet Collector will disable all Software.

As compensation for the granted license to use the Platform and Software, Customer is required to pay the agreed upon price as stated on the Platform. Payment is to be made upfront for the period of one year, unless agreed otherwise.

All prices are inclusive of VAT and other government taxes and duties if applicable.

If Customer fails to pay the amounts due within the agreed term, Customer will be liable for payment of the statutory commercial interest, referred to in Section 6:119a of the Dutch Civil Code, on the outstanding amount, as well as any extrajudicial costs, including costs for lawyers, bailiffs and legal experts, without notice of default being required.

When payment is not received within the specified timeframe, Faucet Collector is allowed to suspend, without warning, the Platform as well as any used Software.

Faucet Collector is entitled to increase its prices at any time.

Under no circumstance is Customer allowed to set off its payment obligations under the Agreement with a claim they might have, on whatever grounds, on Faucet Collector.

Any Funds unused by Customer are non-refundable.

Faucet Collector may amend these Terms and Conditions at any time if the changes are not significant or are required by applicable mandatory law.

Faucet Collector will endeavour to announce the changes or additions to Customer via the Website.

If Customer does not wish to accept a change or addition which falls outside the scope of article 14.2, Customer may give notice to terminate the Agreement. Use of the Platform and the Software after the effective date will be regarded as acceptance of the amended or supplemented Terms and Conditions.

This Agreement is governed exclusively by Dutch law.

Any dispute between the Parties in connection with, or rising from the Agreement will be submitted to the competent court in the Netherlands in the district where Faucet Collector has its registered office. If the Party is a Consumer, then the court in the district where the Consumer resides also has jurisdiction.

Where the Agreement refers to “written” or “in writing”, this also includes e-mail communication provided the identity of the sender and the integrity of the content can be adequately established.

The version of any communication of information as recorded by Faucet Collector will be deemed to be authentic, unless Customer supplies proof to the contrary.

Any general terms and conditions of Customer will not form part of the Agreement.

If any provision of the Agreement is found to be contrary to applicable law, or is otherwise unenforceable, this provision will be amended to the extent that it is in accordance with applicable law, with due observance of the intended meaning of the relevant provision.

Customer will not be authorised to transfer this Agreement or any of its rights and obligations arising therefrom to a third party without the express consent of Faucet Collector. Faucet Collector will be authorised to transfer this Agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which this Agreement is subject.