Terms of Service

Last updated: 2026-05-28

1. Eligibility

You must be at least 18 years old to use the Service. By subscribing, you represent and warrant that you have the legal capacity to enter into a binding agreement on behalf of yourself or the organization you represent.

2. Account Registration

You must provide accurate, complete, and up-to-date information during registration. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use.

3. Applicability of These Terms

These Terms apply to all use of and subscriptions to the Service. They have been made available to you before you entered into the agreement, in accordance with Article 6:233 of the Dutch Civil Code (Burgerlijk Wetboek). If any provision of these Terms is declared void or unenforceable, the remaining provisions remain in full effect.

4. Nature of the Service

ImagIT provides managed hosting of open-source software applications. We configure, run, and maintain the infrastructure and software stack, so you do not need to self-host. The underlying open-source applications are made available to you under their respective open-source licenses, which are not superseded by these Terms.

The Service is provided on a subscription basis. Detailed pricing and feature descriptions are communicated during the ordering process and confirmed in the applicable order.

5. Subscription and Payment

(a) Fees. Subscription fees are stated exclusive of VAT (btw) and other applicable taxes unless otherwise indicated. You are responsible for all taxes, levies, or duties associated with your use of the Service.

(b) Payment. Fees are invoiced in advance on a monthly or annual basis, as agreed. Payment is due within 14 days of the invoice date, unless otherwise stated. Late payments may result in suspension of access after a written reminder.

(c) Auto-renewal. Subscriptions renew automatically for successive periods of equal length unless cancelled beforehand. You may cancel by providing notice at least 7 days before the end of the current period, via the account dashboard or by contacting us.

(d) Price changes. We may adjust pricing upon at least 30 days' notice. If you do not agree with a price change, you may terminate your subscription without penalty before the change takes effect.

(e) Collection costs. If payment is not received after a reminder, you may be liable for all reasonable extrajudicial collection costs in accordance with Dutch law.

6. Right of Withdrawal (Consumers Only)

If you are a consumer (i.e., you enter into this agreement for purposes outside your trade, business, or profession), you have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period expires 14 days after the day the agreement is concluded.

To exercise the right of withdrawal, you must inform us of your decision by a clear statement (e.g., an email to [email protected]). You may use the model withdrawal form available upon request.

If you withdraw from the agreement, we will reimburse all payments received from you without undue delay and no later than 14 days after we are informed of your decision. We will use the same means of payment as you used for the initial transaction.

Loss of the right of withdrawal. The right of withdrawal does not apply if, before we begin providing the Service, you have given your prior express consent to immediate performance and have explicitly acknowledged that you thereby lose the right of withdrawal. You will be asked to provide this consent and acknowledgment as a separate step during the sign-up process (e.g., via a checkbox). Without this separate consent, your right of withdrawal remains intact even after we have set up your environment.

7. Acceptable Use

You agree not to use the Service for any unlawful purpose or in violation of these Terms. You must not:

• Upload, store, or transmit content that is illegal, harassing, defamatory, or that infringes intellectual property or privacy rights of others.
• Attempt to probe, scan, or test the vulnerability of our systems without prior written authorization.
• Use the Service to distribute malware, spam, or engage in phishing.
• Use the Service in a manner that materially degrades performance for other users (e.g., cryptocurrency mining).

We reserve the right to suspend or terminate access upon reasonable belief of a violation, with notice where reasonably possible.

8. Your Data

(a) Ownership. You retain all ownership and intellectual property rights in the data and content you upload to the Service ("Customer Data"). We do not claim ownership over your Customer Data.

(b) Processing. We process Customer Data solely as necessary to provide, maintain, and improve the Service. To the extent your use of the Service involves the processing of personal data, the Data Processing Agreement ("DPA") forms an integral part of these Terms. By using the Service to process personal data, you agree to the DPA. If you have questions or require a signed copy, please contact us.

(c) Security. We implement industry-standard technical and organizational measures to protect Customer Data. However, no online service is 100% secure, and you are responsible for maintaining your own backups of critical data where appropriate.

9. Intellectual Property

(a) Our rights. The Service, our website, documentation, branding, and all related materials are owned by ImagIT or its licensors and are protected by applicable intellectual property laws.

(b) Open-source components. The open-source applications we host remain subject to their respective open-source licenses. Nothing in these Terms restricts your rights under those licenses, but your use of the applications in combination with our managed infrastructure is governed by these Terms.

10. Service Levels and Availability

We make commercially reasonable efforts to keep the Service available. We do not guarantee uninterrupted or error-free operation. Planned maintenance windows are communicated in advance. We are not liable for downtime caused by factors outside our reasonable control, including force majeure events (overmacht), third-party infrastructure failures, or actions taken at your direction.

11. Limitation of Liability

(a) Exclusion of indirect damages. To the fullest extent permitted by Dutch law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill.

(b) Cap on liability. ImagIT's total aggregate liability for any claim under these Terms is limited to the fees you paid to us during the 12 months immediately preceding the event giving rise to the claim.

(c) Mandatory exceptions. The limitations in (a) and (b) do not apply to liability:

• for death or personal injury caused by our negligence;
• for fraud or intentional misrepresentation (bedrog);
• for intent (opzet) or deliberate recklessness (bewuste roekeloosheid) on our part or that of our management;
• for any other liability that cannot lawfully be excluded or limited under Dutch law.

(d) Statutory mitigation. A Dutch court may reduce or increase the liability cap under Article 6:109 of the Dutch Civil Code if the cap is considered unacceptable given the circumstances. Both parties accept that the agreed cap reflects the risk allocation and pricing of the Service.

(e) Limitation period. Any claim arising from or related to these Terms must be brought within two (2) years after the claimant knew or reasonably should have known of the facts giving rise to the claim, and in any event no later than five (5) years after the cause of action accrued. For consumers, this section does not shorten any statutory limitation period that applies under Dutch law.

12. Indemnification

You agree to indemnify and hold harmless ImagIT, its affiliates, officers, and employees from any claim or demand made by a third party arising out of: (a) your violation of these Terms, (b) your Customer Data, or (c) your use of the Service in a manner that infringes third-party rights, except to the extent the claim results from our own breach of these Terms or applicable law. We will provide you with prompt notice of any such claim and reasonably assist in the defense, at your expense.

13. Term and Termination

(a) Term. These Terms remain in effect so long as you maintain an active subscription.

(b) Termination for convenience. Either party may terminate by providing written notice before the end of the current subscription period. No refunds are provided for fees already paid, except as required by law. If you are a consumer and terminate partway through a pre-paid period, we will refund the unused portion of the fees on a pro-rata basis.

(c) Termination for cause. We may terminate or suspend your access immediately upon material breach that remains uncured for 7 days after written notice. We may also terminate immediately if your use of the Service poses a security risk or legal liability.

(d) Effect of termination. Upon termination, your access to the Service will be disabled. We will retain your Customer Data for 30 days after termination, during which you may request a final export. After that period, we will securely delete your data unless we are legally required to retain it.

14. Modifications to the Terms

We may revise these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days before the effective date. If you do not agree with the revised Terms, you may terminate your subscription without penalty before the effective date. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Reasonableness and Fairness

Dutch law applies the principle of reasonableness and fairness (redelijkheid en billijkheid) to all contractual relationships. Both parties accept that their rights and obligations under these Terms are interpreted and supplemented by this principle.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Netherlands. Any disputes arising out of or related to these Terms will first be submitted to mediation in good faith. If mediation fails, the dispute will be resolved by the competent court in the district where ImagIT is registered in the Netherlands.

Notwithstanding the above, if you are a consumer, you may also bring proceedings in the court of your domicile in the Netherlands. Nothing in this section limits your right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or to pursue consumer protection remedies that cannot be waived by contract.

17. Complaints Procedure

If you have a complaint about the Service or these Terms, please contact us at [email protected]. We will acknowledge your complaint within 5 business days and provide a substantive response within 4 weeks. If we cannot resolve the complaint, you may submit it to the competent court as described in Section 16.

18. Contact

If you have questions, complaints, or requests regarding these Terms, please contact us:

• Entity: ImagIT (eenmanszaak)
• Registered address: Prins Hendrikstraat 92, 1501AV Zaandam, The Netherlands
• Chamber of Commerce (KvK) number: 97744476
• Email: [email protected]
• Website: https://imagit.eu