Terms of use

1. Introduction We are Ocho B.V., a company registered in the Netherlands under company number 96531665, with its registered office at Bussum (hereinafter referred to as 'we', 'us', 'our' or 'Ocho BV'). The services provided by Ocho BV (hereinafter referred to as 'Services') and your use thereof is subject to the rules included in this set of 'terms of use' (hereinafter referred to as 'Terms of Use'). Some of those rules need to be expressed in legal language, but we've done our best to offer you clear and simple explanations of what everything means. The applicability of your terms and conditions is expressly rejected by us. In these Terms of Use the term 'Agreement' is sometimes used, which means this set of Terms of Use together with what we agreed in the order form as made digitally available by us. And wherever the term 'Part(y)(ies)' is used in these Terms of Use, it means you and/or us.

2. Services We grant you a limited, non-exclusive and non-transferable right to use the Services for the term referred to in these Terms of Use. We preserve the right to change our Services — this includes the look, feel, features, content, and interoperability. Where appropriate, we'll inform you in advance. If you pay for a specific component and we make a change that substantially impacts you negatively (in our view), we'll let you know and give you the option to terminate your subscription. That termination will take effect on the date the changes take effect—unless it relates to legal obligations or official instructions. We're not obligated to maintain, modify or add any specific features. We can also discontinue any Ocho Service at our discretion. If you paid for a Ocho Service and we discontinue it, we'll refund you the unused portion. We may also temporarily suspend the Ocho Services for maintenance or other necessary actions. We'll keep that disruption minimal and notify you when appropriate.

3. Signing up To use the Ocho Services and create an account, you need to be 18 years or older. You must provide accurate information during sign-up and not impersonate others or use offensive names.

4. Your responsibilities You're responsible for everything that happens under your Ocho Services account—even if someone else accesses it without your permission. Keep your login info safe. You're also responsible for all content you upload or manage through your account (e.g. photos, videos, logos, etc.) and making sure you have the rights to use that content. We're only your service provider—you must not suggest to your customers that we are responsible for what you do. You must provide us with accurate information and documents we reasonably need to provide the Services, and let us know of anything important that may affect how we deliver the Services.

5. About our pricing We may adjust our pricing with one (1) month notice. If you disagree, you can cancel before new prices apply.

6. Usage limits and upgrade requirements We may set usage limits. If you exceed these, you might need to upgrade. a. Specific limits are at our discretion and will be communicated. b. We may lock or restrict your account if you don't comply, with at least one (1) month notice. c. We can change these Terms or limits anytime with one (1) month advance notice.

7. Terms and termination Our Agreement begins when you accept these Terms or start using the Service. It continues indefinitely unless you or we terminate with one (1) month's notice. If the Service was a one-time thing, the Agreement ends when the Service is delivered. We can immediately terminate the Agreement if: a. You breach it and don't fix it within 30 days. b. A force majeure event lasts more than 30 days. Upon termination, we may delete your data. We are not responsible for backups.

8. No go's (things you can't do) Don't break the law, infringe on rights, mislead people, harass others, spam, hack, spread viruses, or abuse the system. If you do (or we reasonably suspect you did), we may take any action we see fit—like suspending your account or deleting your content—without notice or liability.

9. What we're not responsible for The Ocho Services are provided "as-is". We're not liable for bugs, downtime, data loss, or indirect damages. You must back up your data regularly. Our total liability is limited to the amount you paid in the last 12 months, unless the issue was caused by our senior management's willful intent or gross negligence. You must raise any claim within one (1) year of the issue, or it's permanently barred.

10. Indemnity You'll defend and indemnify us (including our team and partners) against any claims related to: • Your breach of the Terms. • Your violation of laws. • Your use of the Service. We may take over defense of any claim at our expense and you agree to assist us.

11. Third-party links and services Our site may link to other websites. Use them at your own risk—we don't control or endorse them. Third-party payment providers you access are governed by their own terms. We're not responsible for their services.

12. Intellectual property We own all rights to the Ocho Services, including content, software, algorithms, and generated data ("Meta Data"). Meta Data does not include personal data. You may not copy, reverse engineer, or build competing products using our Services.

13. Privacy We comply with data protection laws. When we process personal data on your behalf.

14. Complaints, disputes & law Complaints? Email us at: hi@ocho.co These Terms and all related agreements are governed by Dutch law.