Terms and conditions, privacy statement and disclaimer

Terms and conditions

1. Definitions

In these terms and conditions, the following definitions apply:

2. General

1. These Terms apply to all Offers and Agreements.
2. If these Terms have applied to any Agreement, they shall automatically — without any further agreement between the relevant Parties — apply to every subsequent Agreement between the Parties, unless expressly agreed otherwise in writing in respect of the relevant Agreement.
3. The applicability of any general or specific terms used by the Client is expressly rejected by MyYounit, unless and after such terms have been declared applicable in writing by MyYounit in respect of an Agreement.
4. If one or more provisions of these Terms are void or annulled by the Client, the remaining provisions of the Terms shall continue to apply in full. The Parties will enter into consultation to replace the void or annulled provision with a valid provision that is not voidable and that follows the aim and purport of the void or annulled provision as closely as possible.
5. To the extent that an Agreement deviates from one or more provisions of these Terms, the provisions of the Agreement shall prevail. The remaining provisions of the Terms shall continue to apply in full to the Agreement.
6. MyYounit is entitled unilaterally to amend or replace these Terms. Amendments take effect thirty (30) days after written or electronic notification to the Client, unless a different period is stated. If the Client does not wish to accept a material amendment of the Terms, the Client is entitled to terminate the Agreement in writing as of the date on which the amended Terms take effect. Use of the Service after the amended Terms take effect constitutes acceptance thereof.

3. Offers

1. An Offer is, unless expressly stated otherwise, without obligation and valid for the period stated in the Offer. If the Offer does not state a period for acceptance, the Offer shall in any event lapse fourteen (14) days after the date stated in the Offer.
2. An Offer accepted by the Client within the validity period may be revoked by MyYounit within five (5) business days following MyYounit’s receipt of the acceptance, without this giving rise to any obligation on the part of MyYounit to compensate the Client for any damages suffered as a result.
3. An order placed by the Client is confirmed by MyYounit and/or the Client by means of an order confirmation. If the Client does not raise objections to the confirmation within fourteen (14) days after receipt of the order confirmation, the order as described in the order confirmation is deemed accepted by the Client.
4. Where the Client provides MyYounit with information for the purpose of issuing an Offer, MyYounit may rely on the correctness thereof and shall base its Offer on such information. The Client indemnifies MyYounit against any third-party claim relating to the use of information supplied by or on behalf of the Client.
5. If an Offer is made at the request of the Client and the Offer is not accepted, MyYounit is entitled to charge the Client for all costs incurred in preparing its Offer.
6. The prices stated in the Offer are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the Agreement, including travel, accommodation, shipping and administration costs, unless stated otherwise.

4. Assignment

1. The Client engages MyYounit to provide the Services and/or Hardware as described in the Agreement and these Terms. MyYounit provides the Service on the basis of a best-efforts obligation.
2. MyYounit is not required to have a backup site or other fallback facilities available for the performance of the Services.
3. MyYounit is entitled at all times to make adjustments to the design or operation of the Services and/or Application(s).
4. Use of the Services and/or Application(s) is entirely at the Client’s own expense and risk. The Client warrants that it will not use the Application(s) for purposes other than those stated in or arising from the Agreement and these Terms, and indemnifies MyYounit against all infringements and damages that may arise as a result of the application and/or use of the Services and/or Application(s), and shall fully hold MyYounit harmless in that regard.

5. Delivery and installation

1. The Client shall ensure that all openings required for the installation of the hardware, such as MyLock devices, are in place so that the locks can be easily installed.
2. The Client shall ensure that all devices that are not (or will not be) equipped with a battery are correctly connected in accordance with the instructions and advice of MyYounit and applicable local regulations and laws.
3. The Client is fully responsible for the works to be carried out under this Article 5.

6. Price

1. The price payable for the Services is set out in the Agreement and the payment term is no later than 14 days after the invoice date.
2. The prices stated in the Agreement and otherwise discussed between the Parties during the term of the Agreement are denominated in euros and are exclusive of VAT and any other government levies.
3. MyYounit is entitled to periodically amend the agreed prices, including the right to adjust prices and rates once per contract year up to a maximum equal to the Dutch consumer price index (CPI) for that period, as published by Statistics Netherlands (CBS). MyYounit will inform the Client in writing or electronically at least one calendar month in advance of any price changes, without the Client having the right to terminate or dissolve the Agreement on account of the price increase. Any such increase shall at all times be implemented in January or July of a calendar year, unless stated otherwise.

7. Payment

1. Payment of amounts invoiced by MyYounit shall be made within the agreed payment periods, but in any event no later than 14 days after the invoice date, in the manner indicated by MyYounit and in the currency in which the invoice was issued, unless stated otherwise by MyYounit in writing. MyYounit is entitled to invoice periodically.
2. If the Client has not paid an invoice within the period referred to in Article 7.1, the Client shall be in default by operation of law (Article 6:83 sub a of the Dutch Civil Code). In that case, the Client shall owe the statutory commercial interest (Article 6:119a of the Dutch Civil Code) on the invoiced amount, as well as judicial and extrajudicial collection costs, the latter fixed at 15% of the outstanding amounts with a minimum of € 500.
3. The Client is not entitled to set off amounts owed to MyYounit against any claims against MyYounit. Objections to the amount of an invoice shall not suspend the Client’s payment obligation.

8. Availability and adjustments

1. MyYounit shall use its best efforts to ensure that the agreed Service functions properly at all times and strives for the highest possible availability, quality and security of the Service. MyYounit does not, however, guarantee that the Service will operate without errors, disruptions or interruptions. MyYounit is only subject to a best-efforts obligation, not an obligation of result. MyYounit shall use its best efforts to remedy any errors, disruptions or interruptions as soon as possible. Temporary disruptions or interruptions shall not, by themselves, constitute a failure on the part of MyYounit to perform the Agreement, nor a ground for the Client to terminate, dissolve or otherwise affect the Agreement. In no event shall MyYounit be liable for (consequential) damages.
2. MyYounit reserves the right to modify the technical and functional properties of the Service — without prior notice to the Client — in order to improve functionality, correct errors or comply with applicable laws and regulations.
3. The Client shall report any errors in the Service to MyYounit in writing without delay. “Errors” in this context means the substantial failure of the Service to comply with the functional or technical specifications communicated by MyYounit in writing. An error is only deemed to exist where the Client can demonstrate and reproduce the error and where the error prevents normal use of the Service. MyYounit shall use its best efforts to identify and remedy any errors in the Service. MyYounit cannot, however, guarantee that all errors will be corrected and shall in no event be liable for (consequential) damages.
4. If an adjustment as referred to in Articles 8.2 and 8.3 results in a material change in the functionality of the Service, MyYounit shall notify the Client of such change in writing or electronically before it becomes available.
5. MyYounit reserves the right to take the Service out of use temporarily for, among other things, maintenance, adjustment or improvement of MyYounit’s computer systems. MyYounit shall schedule such downtime as much as possible outside office hours and shall notify the Client in good time in advance of any planned downtime. Such announced downtime shall in no event be regarded as a failure on the part of MyYounit to perform its obligations towards the Client, and MyYounit shall therefore not be liable for (consequential) damages.
6. MyYounit does not warrant that the Service will function properly if the Client does not use the hardware and software recommended (or prescribed) by MyYounit for the Service (including the operating system and infrastructure with the associated settings). MyYounit further does not warrant that the Service will function properly in the event of improper use by the Client and/or incorrect implementation or use of the Service by the Client.
7. MyYounit may, in consultation with the Client, make beta version(s) of (one or more modules of) the Service available to the Client. Use of such version(s) is in all cases at the Client’s own expense and risk.

9. Aids

1. The Client is responsible for having available and ensuring the functioning of the Aids required for access to and use of the Services, including the hardware, peripherals, software, auxiliary applications, configuration, internet connection and (other) telecommunications facilities used by the Client, which must meet the technical and functional specifications indicated by MyYounit and any instructions from MyYounit.
2. The Client is responsible for maintaining a connection to the power grid and other connections required for access to and use of the Service.
3. Additional (licence) terms (of third parties) may apply to the use of auxiliary applications. MyYounit does not warrant the full functionality of any auxiliary applications and/or integrations used by the Client and shall not be liable for any (consequential) damages resulting from the (partial) non-functioning of, or failures or other errors in, the auxiliary applications used by the Client.

10. Access to the Service

1. The Client is responsible for any use, with or without its authorisation, of the Service and the Access Credentials made available to it. MyYounit shall not be liable for any (consequential) damages of the Client and/or third parties arising from unauthorised or improper use of the Access Credentials.
2. The Access Credentials provided are non-transferable, strictly personal and for use exclusively within the Client’s organisation. The Client shall take the care required in the use of the Access Credentials and keep them confidential from third parties.
3. MyYounit may at any time change the Access Credentials at its own discretion and shall notify the Client thereof in writing, electronically or orally.
4. The Client shall take such measures as are necessary to prevent the Access Credentials from falling into the hands of unauthorised third parties. The Access Credentials are intended solely for use by the Client. The Client shall notify MyYounit without delay if the Access Credentials are used without authorisation or if the Client reasonably suspects as much.
5. The Client may request MyYounit to block the Access Credentials. MyYounit is also entitled at any time to block the Access Credentials on its own initiative where it becomes aware of possible unauthorised use. In such cases, MyYounit shall not be liable for any (consequential) damages of the Client and/or third parties resulting from the blocking of the Access Credentials.

11. Use of the Service

1. The Client and the User may only use the Service for the modules specified in the Agreement, as sufficiently known to the Parties, and in compliance with the following provisions.
2. Only the Client and the User are entitled to use the Service, whereby each unique User is only permitted to use its own non-exclusive licence.
3. The Client and the User are only permitted to use the Service in the course of the Client’s and User’s ordinary business operations.
4. In the use of the Service, the Client warrants that it and the User(s) shall, to the extent applicable, comply with the following rules:
   • a. The Client shall ensure that its (peripheral) equipment, software, infrastructure, Hardware and internet connection are protected against viruses, cybercrime and (other) unlawful use by the User(s) or third parties;
   • b. The Client and/or User shall not distribute (computer) viruses or other files that may harm (the proper functioning of) the Service in the use of the Service;
   • c. The Client and/or User shall not (cause to be) perform any acts that may cause disruptions in the Service or in the (computer) networks or infrastructures (of other users), or that may cause nuisance, limited use or unforeseen use (to other users);
   • d. The Client and/or User shall not send unsolicited large volumes of messages with identical or similar content (“spam”);
   • e. The Client and/or User shall not misuse the Access Credentials or breach or attempt to breach the security of the Service;
   • f. The Client and/or User shall not commit or omit any acts which it knows or ought reasonably to know could lead to use of the Service that is criminal or unlawful towards MyYounit and/or third parties;
   • g. The Client and/or User shall not publish or distribute any racist or discriminatory material and/or (child) pornography. Distribution includes placing on or disseminating via the infrastructure of the Service;
   • h. The Client and/or User shall not deliberately and without authorisation access a computer system or any part thereof against the wishes of the owner or administrator (“hacking”);
   • i. The Client and/or User shall not in any way infringe the intellectual property rights of MyYounit and/or third parties; and
   • j. The Client and/or User shall not, without MyYounit’s prior express written consent, publish, reproduce or otherwise use information and data provided by MyYounit in the context of the Service, other than for use in the Client’s internal business operations;
   • k. The Client and/or User shall at all times comply with the (licence) terms of third parties as referred to in Article 12.
5. If the Client and/or User(s) act in breach of one or more of the aforementioned rules, the Client shall be obliged to follow, and cause the User(s) to follow, the reasonable instructions given by MyYounit in that connection.
6. If data stored, edited, processed or otherwise entered using the Service is unlawful towards third parties, MyYounit is entitled to remove and destroy such data from the Server immediately, without prior notice. The Client hereby grants MyYounit (to the extent necessary) advance consent to remove and destroy any infringing data from the Server. MyYounit shall in no event be liable for any (consequential) damages arising from such action.
7. MyYounit may prevent access to the Services by disabling the Access Credentials or by suspending the provision of services, if it suspects that the Service is being used in breach of the Agreement. Such obligations also include the timely payment of MyYounit’s invoices. The Client’s payment obligation continues during any such suspension.
8. The Client is not permitted to reproduce, rent out or lend the Service or any copy thereof, in whole or in part. The Client is not permitted to change or remove any notices within the Service concerning authorship, the confidential nature of the software, or any reference to MyYounit.
9. The Client is only permitted to load and display the Service to the extent technically necessary and in accordance with the permitted uses and performance of the Agreement.
10. All rights in the Service that are not expressly granted to the Client in the Agreement are reserved by MyYounit.
11. If the Client and/or User(s) act in breach of this Article, the Client shall be in default by operation of law and MyYounit shall be entitled — without prior notice of default — to dissolve the Agreement, and MyYounit shall further have all rights afforded to it by law in such a case.

12. Third-party applications

1. If and to the extent applications, services or other software of third parties are made available or used in the performance of the Services and/or Application(s), the terms of those third parties shall apply in full with regard to those applications, services or other software. The Client accepts those third-party terms and warrants that it will act in accordance with them.
2. Where the Client itself obtains and/or uses applications, services or other software of third parties for the proper performance of the Services and/or functioning of the Application(s), the Client warrants that it will at all times act in accordance with the terms attached to such procurement or use by the relevant third party. MyYounit is in no way responsible or liable for applications, services or other software of third parties. The Client indemnifies MyYounit against all infringements and damages that may arise from the application and/or use of those third-party applications, services or other software, and shall fully hold MyYounit harmless in that regard.
3. If and to the extent the said third-party terms are, for whatever reason, deemed inapplicable or declared inapplicable in the relationship between the Client and MyYounit, the provisions of the Agreement and these Terms between the Parties shall continue to apply in full.
4. MyYounit shall never be liable, in respect of the use and maintenance of the Application, for more or other than applies in the relationship between MyYounit and the relevant supplier of that Application.

13. Intellectual property rights and licence

1. All intellectual property rights in all Applications or other documentation and materials developed or made available in connection with the Services, and in which or to which any intellectual property right subsists or may subsist, vest exclusively in MyYounit or its licensors.
2. The Client obtains only the revocable, non-exclusive and non-transferable rights of use and powers expressly granted in the Agreement or otherwise expressly and in writing, for the term of the Agreement (the licence). The licence is granted subject to the Client paying the fees set out in the Agreement in a timely and complete manner and subject to the Client’s compliance with the provisions of the Agreement and these Terms. Without MyYounit’s prior written consent, the Client is not entitled to grant sub-licences.
3. The Client shall not otherwise reproduce or publish the Applications or other documentation and materials developed or made available in connection with the Services. The Client is not permitted to remove or alter any notices regarding copyrights, trademarks, trade names or other intellectual property rights in or on the Applications or other documentation and materials developed or made available in connection with the Services. Nor is the Client permitted to reconstruct the source code by means of reverse engineering. The Client warrants that it will not use the intellectual property rights in or on the Applications or other documentation and materials developed or made available in connection with the Services for purposes other than those set out in the Agreement.
4. MyYounit is permitted to take technical measures to protect the Applications or other documentation and materials developed or made available in connection with the Services, provided that such measures do not materially restrict their functionality. If the Applications or other documentation and materials developed or made available in connection with the Services are protected by technical protection measures, the Client is not permitted to remove or circumvent such protection.
5. The Client is not entitled independently to (cause to) repair errors in the Service and/or the Application, to make modifications to it, to transfer it to other equipment, to link it with other equipment or software, to independently extend functionality, to change parameters and/or to remove security measures.
6. MyYounit is entitled at all times to investigate whether the Client is using (the intellectual property rights in or relating to) the Services and/or Application in a manner consistent with the Agreement. The Client undertakes to cooperate with any such audit at MyYounit’s first request.

14. Client data and processing of Personal Data

1. To the extent data which is not Personal Data is used by the Client in the Services and/or entered into the Application by the Client, the Client remains entirely and independently responsible and liable for such data. The Client warrants that all data provided is and shall remain correct, accurate, complete and up to date. MyYounit is not obliged to verify the correctness, accuracy and completeness of the data and shall not be responsible or liable in that regard. Data may only be used in accordance with the Agreement and these Terms.
2. To the extent Personal Data is processed, the Client, as controller, is responsible for the lawful processing of Personal Data in accordance with the GDPR and related legislation. The Parties have entered into a Data Processing Agreement, which forms an integral part of the Agreement and these Terms, which also apply to it. The Client indemnifies MyYounit and shall hold it fully harmless against all third-party claims and (consequential) damages resulting from the Client’s breach of the aforementioned legislation and non-compliance with the Agreement and these Terms in respect of (the processing of) Personal Data.

15. Liability and damages

1. MyYounit is liable to the Client for damages suffered by the Client that are the direct and exclusive result of an attributable failure by MyYounit to perform the Agreement and that become apparent within a period of 24 months at most after termination of the Agreement or delivery. Any claim for damages shall lapse if it is not submitted to MyYounit in writing and with reasons within six (6) months after the Client became aware, or could reasonably have become aware, of the damages.
2. MyYounit’s liability is limited to a maximum of three (3) times the invoice value excluding VAT per period specified in the Agreement, subject to a maximum of € 25,000. If the Agreement is a continuing agreement, liability is limited to an amount equal to three (3) times the total amount invoiced under the assignment in the six (6) months preceding the occurrence of the damage, excluding VAT, subject to a maximum of € 25,000. This limitation of liability applies correspondingly to any indemnification obligations of MyYounit.
3. If the provisions of Articles 15.1 and 15.2 should, for any reason, not apply, MyYounit’s liability shall in all cases be limited to the amount paid out by MyYounit’s insurer in the relevant case.
4. If and to the extent (the operation of) the Services and Applications is dependent on (the operation of) third-party services, MyYounit shall also never be liable for damages arising as a direct or indirect consequence of such third-party services ceasing (or continuing) to function.
5. A series of connected damage-causing events shall, for the purposes of this Article, be regarded as a single event/damage incident.
6. The limitations and/or exclusions of liability in this Article also apply for the benefit of MyYounit’s personnel and of the auxiliary persons engaged by MyYounit in the performance of an Agreement.

16. Suspension and dissolution of the Agreement

1. MyYounit is entitled to suspend performance of its obligations with immediate effect, or to dissolve the Agreement — without prior notice of default — if (i) the Client fails to perform, or to perform fully or in a timely manner, its obligations under the Agreement and these Terms, (ii) circumstances coming to the attention of MyYounit after entering into the Agreement give good reason to fear that the Client will not perform its obligations, (iii) the Client was requested at the time of entering into the Agreement to provide security for the fulfilment of its obligations and such security is not provided or is insufficient, or (iv) due to delay on the Client’s side, MyYounit can no longer reasonably be required to perform the Agreement on the originally agreed terms.
2. MyYounit is further entitled to dissolve the Agreement — without prior notice of default — if circumstances arise that are of such a nature that performance of the Agreement is impossible or that unaltered maintenance of the Agreement can no longer reasonably be required of MyYounit.
3. If the Agreement is dissolved, MyYounit’s claims against the Client become immediately due and payable. If MyYounit suspends performance of its obligations, it retains its rights under the law, the Agreement and these Terms.
4. In the event of liquidation, (application for) suspension of payment or bankruptcy, attachment — if and to the extent not lifted within three months — against the Client, debt restructuring or any other circumstance in which the Client can no longer freely dispose of its assets, MyYounit shall be entitled to dissolve the Agreement forthwith — without prior notice of default — and with immediate effect (in part). The claims of MyYounit against the Client shall in that case be immediately due and payable.
5. If MyYounit proceeds to suspension or dissolution, it shall in no way be obliged to compensate the Client for damages and costs arising as a result.
6. If at the time of dissolution the Client has already received performances pursuant to the Agreement, such performances and the related payment obligation shall not be subject to reversal. Amounts invoiced by MyYounit prior to the dissolution in respect of works already performed or delivered under the Agreement remain payable in full by the Client and become immediately due and payable upon dissolution. In addition, the work already performed and the working time reserved for performance of the Agreement shall be charged in full to the Client.

17. Confidentiality

Both Parties are obliged to keep confidential all confidential information that they have obtained from each other or from any other source in the context of their Agreement. Information is deemed confidential if it has been designated as such by a Party or if this follows from the nature of the information. This obligation of confidentiality does not apply where disclosure is required by law or regulation or by a court order.

18. Term of Agreement, deadlines and consequences of termination

1. The Agreement commences on the effective date stated in the Agreement and is entered into for a term of one (1) calendar year for software and sixty (60) months for hardware. After expiry of such term(s), the Agreement shall each time be renewed tacitly for the duration of one (1) calendar year, unless one of the Parties terminates the Agreement before the end of the (extended) term by registered letter, observing a notice period of three (3) months. See Article 18.3 for the financial settlement.
2. By way of derogation from Article 18.1, MyYounit is entitled to terminate the Agreement in writing observing a notice period of three (3) months, without owing the Client any form of compensation (for damages or costs).
3. Upon termination of the Agreement, settlement shall take place in accordance with the following procedure:
   • In the event of termination with effect from the next calendar year, observing the three-month notice period, (licence) fees shall be charged up to the end of the current calendar year, up to the termination date.
   • In the event of termination of the Agreement within a current calendar year (a renewal period), the licence fees shall be settled in one instalment for that current year and/or period as referred to in Article 18.1. The monthly (licence) fees used for settlement shall equal the average of the amounts actually invoiced over the last three (3) full calendar months preceding the termination.
4. Upon termination of the Agreement, the Client may request a one-off delivery of the data entered during the use of the Services, including Personal Data. MyYounit may make such data available to the Client in a customary format. If the Client has not indicated without delay following termination of the Agreement that it wishes to receive the aforementioned data transfer, MyYounit is entitled to immediately delete and destroy the data without prior notice.

19. Ownership of Hardware

1. Where Hardware is made available to the Client under an Agreement, the Hardware shall at all times remain the property of MyYounit.
2. To the extent Hardware is sold and delivered to the Client under the Agreement, retention of title applies. All goods delivered remain the exclusive property of MyYounit until such time as the Client has fulfilled all obligations arising from or connected to any Agreement(s), including claims in respect of penalties, interest and costs. Until that time, the Client is obliged to keep the goods delivered by MyYounit separately from other goods and clearly identifiable as MyYounit’s property, and to insure them and keep them insured properly.
3. After MyYounit has invoked its retention of title, it may recover the goods delivered. The Client shall allow MyYounit access to the location of the goods. If MyYounit cannot rely on its retention of title because the delivered goods have been mixed, deformed or accessorily affixed, the Client is obliged to pledge or mortgage the newly formed goods to MyYounit. Recovery of the goods is at MyYounit’s expense.

20. Governing law and disputes

1. All Agreements concluded by MyYounit are exclusively governed by the laws of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) is excluded.
2. All disputes between the Parties shall be submitted exclusively to the District Court of Overijssel (Rechtbank Overijssel), location Zwolle, the Netherlands.
3. These Terms are drawn up in Dutch and translated into English and German for convenience. The Dutch version is authoritative and binding. In the event of any discrepancy or conflict of interpretation between the language versions, the Dutch version shall prevail.

Privacy statement

MyYounit takes appropriate technical and organisational measures to protect personal data against unauthorised use, loss or theft.

Disclaimer

The information on this website has been compiled with care. However, MyYounit B.V. accepts no liability for the accuracy, completeness or timeliness of the information provided.

Contact

For questions about these terms, please contact us at info@myyounit.nl or call +31 85 401 8336.

Version 1.1 — in effect from 2 May 2026.