TERMS AND CONDITIONS

Last updated   August 6, 2024

These Terms and Conditions apply to all legal relationships between Lasso Moderation and its Clients, including the use of the Platform. Please read these Terms and Conditions carefully so that you (the "Client") know what your rights and obligations are.

These Terms and Conditions are available for download and printing at https://www.lassomoderation.com/terms-conditions/.

  1. Definitions and applicability

    1. In these Terms and Conditions, the following terms, which are always capitalised and can be used in both singular and plural, have the following meaning:
      1. Account: the profile registered or to be registered by the Client on the Platform, so that the Client can use the Platform.
      2. Agreement: the entirety of agreements made between Lasso Moderation and the Client for the performance and use of the Service, the Platform and/or for the performance of other or additional activities, including the provisions of these Terms and Conditions.
      3. Client: the natural or legal person who concluded the Agreement with Lasso Moderation.
      4. GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC ("General Data Protection Regulation").
      5. Intellectual Property Rights: any and all intellectual property rights and all related rights, including but not limited to copyrights, database rights, trade name rights, trademark rights, design rights, patent rights, rights to know-how, rights to confidential information, rights to trade secrets and rights to domain names.
      6. Lasso Moderation: the private company with limited liability under the laws of the Netherlands Nemo Applications B.V., doing business as Lasso Moderation, established in Haarlem, the Netherlands at Kazerneplein 5 (2023GL) registered in the trade register of the (Dutch) Chamber of Commerce under number 88435334.
      7. Party: Lasso Moderation or Client.
      8. Parties: Lasso Moderation and Client.
      9. Personal Data: personal data within the meaning of Article 4.1 of the GDPR.
      10. Platform: the Lasso Moderation AI-powered content moderation platform, and any other or future components, which is provided as Software-as-a-Service ("SaaS") via the Internet by Lasso Moderation to the Client. The Platform is available at https://www.lassomoderation.com/, including all underlying and related pages.
      11. Privacy Policy: Lasso Moderation's privacy policy/privacy notice, available at https://www.lassomoderation.com/privacy-policy/.
      12. Service: the provision by Lasso Moderation to the Client of the Platform as Software-as-a-Service ("SaaS") and/or the possible performance by Lasso Moderation of other or additional activities for the Client.
      13. Subscription: the subscription, plan or package that can be purchased by the Client to use the Platform, whether or not against payment of a fee.
      14. Terms and Conditions: this set of terms and conditions of Lasso Moderation, which apply to the Agreement.
      15. Trial: the free trial version of a Subscription on the Platform made available to the Client by Lasso Moderation, with the sole purpose of trying out (the functionalities of) the Subscription for a limited period of time.
      16. User Data: all data imported or entered into the Platform by the Client and/or his users, including user generated content, including but not limited to personal information, documents, footage and/or messages.
      17. Website: Lasso Moderation's website, available at https://www.lassomoderation.com/, including all underlying pages.
    2. These Terms and Conditions apply to the Agreement, Website, Service, Platform and the Trial, including any use thereof.
    3. Any general terms and conditions of the Client do not apply and are expressly rejected.
  2. Lasso Moderation

    1. For questions, complaints or other matters, the Client can contact Lasso Moderation. Lasso Moderation can be reached in the ways mentioned on the Website and/or the Platform, or via the following contact details:

      Nemo Applications B.V.
      Kazerneplein 5
      2023 GL Haarlem
      The Netherlands
      info@lassomoderation.com

  3. Conclusion of the Agreement

    1. The Agreement is concluded by creating an Account, by using the Service, by agreeing to these Terms and Conditions and/or by otherwise concluding an agreement.
    2. The Client represents and warrants that the actions as referred to in the previous paragraph are or have taken place by an authorised person.
    3. Lasso Moderation reserves the right to refuse any order for Services placed by the Client.
  4. Responsibilities of the Client

    1. The Client represents and warrants to be legally competent, at least 18 years old or at least of legal age of majority in the jurisdiction where the Client resides, and authorised to use the Service.
    2. The Client is responsible for compliance with the Terms and Conditions.
    3. The Client is responsible for meeting the technical and functional requirements and for using the electronic means of communication necessary to access and use (parts of) the Service. The risk of loss, theft or damage to any information, including User Data, rests at all times with the Client.
    4. The Client is responsible for the correct functioning of any products and/or services of third parties and links between these products and/or services of third parties and the Service.
  5. Account

    1. In order to use the Platform, the Client must create an Account. To create an Account, the Client must use a valid e-mail address and, where applicable, the correct business and/or personal information. The Client represents and warrants that the information provided is correct and complete and that it is kept current, correct and complete during the use of the Platform.
    2. The Account of the Client is strictly personal. The Client shall not forward (the access keys of) the Account or have the Account used by someone else, unless Lasso Moderation has given explicit prior written permission to do so.
    3. The Client is responsible for the security of the Account, including but not limited to keeping (the combination of) access keys secret.
    4. The Client is fully responsible and liable for all actions performed through his Account.
    5. The Client shall immediately contact Lasso Moderation if he suspects and/or detects unauthorised use of his Account. In such a case, Lasso Moderation may close the Account (temporarily or permanently) or take all other measures that Lasso Moderation - at its sole discretion - deems necessary.
    6. Lasso Moderation reserves the right to, with immediate effect, terminate or suspend access to the Clients Account at any time if the Client fails to comply with the Agreement.
  6. The Platform and the Service

    1. The Client acknowledges and accepts that Lasso Moderation, by means of the Service, merely endeavours to make available the Platform, which the Client and other users can use.
    2. The Client acknowledges and accepts that the Service is provided "as is". Lasso Moderation does not warrant that the Service will be error free, complete or up to date at all times. Lasso Moderation does not warrant that the Service or any part thereof will be accessible at all times and without interruptions or disruptions. Disruptions in the Service can occur, among other things, as a result of malfunctions in the Internet connection, malfunctions in software (of third parties) and as a result of viruses and/or defects.
    3. Lasso Moderation is allowed to perform the Services at its own discretion. The Client grants Lasso Moderation permission to use artificial intelligence for the provision of the Services and/or the Platform.
    4. Lasso Moderation is not responsible for moderating the content and/or User Data through the Service. Moderating is the responsibility of the Client and is not part of the Platform, the Service and/or the Agreement.
    5. Lasso Moderation has no knowledge of and/or involvement in the actions performed by the Client and/or information, including User Data, which is imported and/or entered by the Client, or the users of the Client, on the Platform.
    6. The Service is exclusively intended for the use as described in the Agreement, on the Website and on the Platform. It is expressly prohibited to use the Service for any other purpose(s).
    7. The Client is expressly not permitted to use the Service for unlawful acts or for acts that are otherwise prohibited under applicable laws and regulations or to otherwise misuse the Service. In that context, the Client represents and warrants, among other things, that he:
      1. shall not access the Platform and/or use the Service through automated or non-human means, whether through a bot, script or otherwise;
      2. does not commit or encourage a criminal offence;
      3. shall not distribute or cause to be distributed any virus, trojan, worm, logic bomb or other material that is malicious, technologically harmful, in violation of trust, or in any way offensive or obscene;
      4. hack any aspect of the Website, Platform, Service, Accounts or other users of the Service;
      5. does not infringe any Intellectual Property Rights;
      6. shall not send or distribute any unsolicited advertising or promotional materials;
      7. does not infringe privacy rights and/or other rights of third parties;
      8. does not violate any applicable state, federal or international law or regulation;
      9. shall not act in a defamatory or libellous way towards any other person;
      10. does not threaten or harass any other person; and
      11. shall not transmit or distribute any obscene material.
    8. In the event of a violation of the aforementioned provision by the Client, Lasso Moderation is entitled to take all measures it deems appropriate, including but not limited to limiting, suspending or terminating access to, and/or the use of (parts of) the Service. Lasso Moderation is not liable for any loss of User Data suffered as a result of measures taken for violation of the aforementioned provision, such as the limitation, suspension or termination of access to, and/or the use of (parts of), the Service.
    9. Lasso Moderation is entitled to take all reasonable measures to prevent or avert dangers or damage insofar as it deems necessary, including but not limited to limiting, suspending or terminating access to, and/or the use of (parts of), the Service, such at the sole discretion of Lasso Moderation and without being obliged to pay any compensation.
    10. Lasso Moderation always has the right to make changes to and/or upgrades to the Platform, including extending, changing or removing certain functionalities, regardless of whether the Platform is subsequently no longer available via certain operating systems and/or hardware.
    11. Lasso Moderation has the right to temporarily shut down the Platform for the purpose of performing maintenance, making changes and/or upgrades, without the Client being able to claim any compensation. Lasso Moderation strives to always announce maintenance in advance, if possible, and to ensure that the shutdown of the Platform is as short as possible.
    12. Lasso Moderation is not responsible for any decision made by the Client through the Service. Lasso Moderation makes no guarantees regarding the achievement of results through the Service.
    13. Lasso Moderation is emphatically not involved in the contact that is made between the Client and his users as a result of the Service, nor in any arrangements and/or agreements resulting from this contact.
    14. Lasso Moderation is not a party to any agreement between the Client and his users and/or (another) third party.
    15. The Client is fully responsible and liable for all actions he performs using the Service and for the results of the Service, including any consequences thereof for the Client's users. The Client indemnifies Lasso Moderation against any claim arising from using the Service.
    16. The Platform may contain links to other software, (social media) platforms, services and/or websites that are not operated by Lasso Moderation and exchanges and/or integrations with other software, (social media) platforms, services and/or websites may take place on the Platform. Lasso Moderation has no control or say over them, makes no warranties or representations with regard thereto, and assumes no responsibility for them or for any loss or damage that may arise from the use thereof. The Client acknowledges and accepts this. The use of this software, (social media) platforms, services and/or websites of third parties may be subject to terms of use or service terms of that third party. Lasso Moderation is not a party to any agreement between the Client and such third parties.
  7. User Data

    1. The Client can import User Data on the Platform through the Service.
    2. The Client is responsible for the accuracy and completeness of the User Data it provides.
    3. By providing User Data, the Client provides Lasso Moderation with a free, worldwide, irrevocable, sub-licensable and transferable right to publish and reproduce such User Data to the extent reasonably necessary or desirable in the context of providing the Service.
    4. The Client is not permitted to provide User Data that:
      1. is not reasonably related to the purpose of the Service;
      2. contains malware or other malicious content, such as viruses or spyware.
      3. is otherwise unlawful in any way; and/or
      4. may harm the interests and good name of Lasso Moderation.
    5. The Client acknowledges and accepts that Lasso Moderation merely provides the Service through its Platform. Lasso Moderation has no knowledge of and/or involvement with the User Data. If a third party reports to Lasso Moderation that User Data would be unlawful, and that third party makes this plausible, Lasso Moderation will remove or otherwise make inaccessible (notice-and-takedown) the User Data concerned. The Client acknowledges and accepts that Lasso Moderation is not liable for the removal or otherwise rendering inaccessible of the relevant information.
    6. Lasso Moderation reserves the right to shorten, modify, or remove User Data from the Service if, in Lasso Moderation's opinion, this is necessary or desirable, without in any way leading to any right of the Client to compensation, and/or liability of Lasso Moderation.
  8. Activities other than making available the Platform

    1. Lasso Moderation can, at the request or with the prior consent of the Client, perform activities other than making available the Platform.
    2. If Lasso Moderation performs work, as referred to in the previous paragraph, for the Client, the Client shall reimburse this work or other performance at Lasso Moderation's agreed (hourly) rates or, failing that, according to Lasso Moderation's usual (hourly) rates.
    3. If the Client requests Lasso Moderation to perform work that falls outside the content and/or scope of the Agreement and/or concerns changes thereto ("additional work"), Lasso Moderation is not obliged to comply with that request. Lasso Moderation may require the Client to conclude a separate agreement for the additional work in that case.
    4. The Client acknowledges and accepts that additional work may affect the performance of the Agreement, the responsibilities of the Parties, any fees and/or periods agreed in advance.
    5. The fact that (the demand for) additional work occurs during the performance of the Agreement is not a basis for cancellation, rescission or annulment of the Agreement by the Client.
  9. Subscriptions

    1. Lasso Moderation offers different (types of) Subscriptions for the Service, in terms of functionality, fees and duration of the Subscription.
    2. The functionalities, fees and duration of the Subscriptions are stated on the Website and/or on the Platform. The Client can only use the functionalities of the Platform that belong to the Subscription that he has a subscription to.
  10. Trial

    1. If this is agreed between the Parties, the Client may use a Trial of a Subscription for a trial period of 30 (thirty) days. In that case, the Client will get full access to all functionalities within the chosen Subscription during the Trial period.
    2. The Client is entitled to a Trial only once.
    3. The Trial period shall commence on the day the Trial is agreed and shall end by operation of law 30 (thirty) days thereafter.
    4. The Trial is exclusively for trying out (the functionalities of) the chosen Subscription.
    5. After the Trial has ended, the Trial will be suspended until upgraded to a paid Subscription.
  11. Fees and payment

    1. The Client may be required to pay a fee to access some of the Services and/or to purchase a Subscription. The Client represents and warrants to provide current, complete, and accurate purchase and account information for all purchases made via the Website and/or Platform. The Client further represents and warrants to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that Lasso Moderation can complete the Client's transactions and contact the Client as needed.
    2. The Client shall pay to Lasso Moderation the fees for the Service specified on the Website, the Platform and/or agreed otherwise. The Client authorises Lasso Moderation to charge the Client's chosen payment provider for the amounts upon making the purchase. If the purchase is subject to recurring charges, then the Client consents to charging the payment method on a recurring basis by Lasso Moderation without method on a recurring basis by Lasso Moderation without requiring the Client's prior approval for each recurring charge.
    3. Lasso Moderation reserves the right to correct any errors or mistakes in pricing, even if Lasso Moderation has already requested or received payment.
    4. The prices quoted by Lasso Moderation are exclusive of VAT and any other taxes unless explicitly stated otherwise.
    5. Lasso Moderation is entitled to adjust its prices and rates. Lasso Moderation will notify the Client of this at least 1 (one) month in advance. If it is an increase of more than 10% and the Client does not wish to agree to such an increase, the Client shall be entitled, within 30 (thirty) days of notification by Lasso Moderation, to terminate the Agreement by the date on which the increase will take effect.
    6. The Client consents to electronic invoicing by Lasso Moderation.
    7. Payments should be made in USD, unless otherwise agreed.
    8. Payments must be made in advance per month, unless otherwise agreed.
    9. Late payment by the Client entitles Lasso Moderation to suspend its obligations under the Agreement. In that case, Lasso Moderation expressly reserves the right to convert a paid Subscription into a free Subscription until payment has been made. This does not affect the Client's obligation to (continue to) make payments.
    10. Payment terms are strict deadlines. If the Client does not fulfil his payment obligation(s) on time, he shall be in default by operation of law.
    11. If the Client is requested by or on behalf of Lasso Moderation to still pay a late payment within 14 (fourteen) days, and payment has not been made after this period has expired, the Client shall also owe statutory commercial interest on the amount due. In that case Lasso Moderation is also entitled to charge the Client for all costs incurred and yet to be incurred to collect the amount, explicitly including but not limited to all extrajudicial and judicial (collection) costs, including costs for lawyers, bailiffs and collection agencies.
    12. The claim for payment of fees is immediately due and payable if the Client is declared bankrupt, if the Client applies for a moratorium, if the Client's assets are fully seized and/or if the Client goes into liquidation or is dissolved.
  12. Intellectual Property Rights

    1. All Intellectual Property Rights to all works developed or made available in the context of the Agreement, expressly including the Service, the Platform, the Website, and all related materials, computer software, graphic user interfaces, (source and object) codes, designs, documentation, analyses, protocols, advice, reports, quotations, and configuration files on which Intellectual Property Rights may rest, and the preparatory material thereof, rest with Lasso Moderation and/or its licensor(s).
    2. The Client will only be given the rights of use and powers that are granted to him by virtue of the Agreement or applicable law. The right of use granted to the Client hereby is non-exclusive, non-sublicensable, non-transferable, limited for the duration of the Agreement and limited to use in connection with the Service. Unless otherwise agreed in writing, this right of use does not also include a right of use to products and/or services of third parties and/or to integrations of third parties. The terms and conditions of those third parties apply to this.
    3. Lasso Moderation and/or its licensor(s) reserve all rights, title and interest not granted to the Client in the Agreement or by law.
    4. The Client is expressly not permitted to download, copy, modify, reverse engineer, disclose, use for direct or indirect commercial purposes any information that is made accessible in the context of providing the Service or to use it for a purpose other than the purposes stated in the Agreement, unless mandatory applicable law permits this use.
    5. The Client will not remove or (have) change(d) any indication(s) regarding the confidential nature, or of any Intellectual Property Right, on any work.
    6. Lasso Moderation is entitled to take (visible or invisible) technical measures to protect materials or other works. The Client is not allowed to circumvent or remove such technical measures.
    7. The Client acknowledges and accepts that the collections of data on the Website, the Platform and/or in the Services are protected databases within the meaning of Section 1(a) of the Dutch Databases Act, and that Lasso Moderation is the producer of these databases as referred to in Section 1(b) and Section 1(a) of the Dutch Databases Act. As the producer of the databases, Lasso Moderation has the exclusive right to authorise the use of data from these databases. The Client may only use data from the databases to the extent permitted by these Terms of Conditions and for the use of the Services. The Client is not allowed, without explicit prior written consent of Lasso Moderation, to request and/or reuse a substantial part of the content of the database(s) and/or to request and/or reuse non-substantial parts of the content of the database(s) repeatedly and systematically within the meaning of the Dutch Database Act.
    8. The Client is not permitted to make improper use of the Services. This means, amongst others, that the Client is not permitted to use any software and/or hardware tools and/or solutions (in-house or made available by third parties), insofar as these are aimed at copying any information made accessible via the Services, or to spider, scrape, search or otherwise use and/or view the (data in the) Services in any other way.
    9. The Client will not perform any acts that may infringe any Intellectual Property Rights of Lasso Moderation and/or its licensors, including but not limited to unauthorised disclosure and/or duplication of (any part of) the Platform and the registration of domain names, trade names, trademarks and/or Google AdWords or Bing Ads search terms or keywords that are similar or identical to any sign to which Lasso Moderation and/or its licensors may assert Intellectual Property Rights.
    10. Lasso Moderation shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual right to use and incorporate into the Platform any suggestions, improvement requests, recommendations or other feedback provided by the Client regarding (the operation of) the Platform.
  13. Privacy

    1. The Client is responsible for all User Data, Personal Data and other data that is imported or entered on the Platform, including for the protection thereof.
    2. The Client represents and warrants that the provision of Personal Data to Lasso Moderation and the processing by Lasso Moderation is lawful and does not infringe any right of a third party. In particular, the Client represents and warrants that the provision of Personal Data to Lasso Moderation is in accordance with Articles 5 to 11 of the GDPR.
    3. The Client is responsible for concluding a data processing agreement with Lasso Moderation if such data processing agreement is required by the GDPR.
  14. Indemnification

    1. To the maximum extent permitted by applicable law, and unless mandatory applicable law provides otherwise, the Client shall be liable for and indemnify Lasso Moderation from all liability, loss, damage, fines, costs or claims from third parties (including, but not limited to, legal costs on an indemnity basis), regardless of cause, in connection with or arising out of the Client's use of the Service, a violation by the Client of the Agreement, and /or any unlawful activity, including but not limited to a violation of Intellectual Property Rights.
  15. Liability

    1. Lasso Moderation's liability for damage resulting from an attributable failure in the performance of the Agreement, tort or otherwise, expressly including liability resulting from the use of artificial intelligence, is excluded, to the extent permitted by mandatory law.
    2. In the event that Lasso Moderation is liable for damage under mandatory law, Lasso Moderation's liability per event (a series of successive events is regarded as one event) is limited to a maximum of twice the amount (excluding VAT) that the Client has paid in the year prior to the event causing the damage to Lasso Moderation for the Service. In all cases, Lasso Moderation's total liability is limited to compensation for direct damage up to the total amount that the Client has paid to Lasso Moderation for the Service. Direct damage is exclusively understood to mean:
      1. material damage to goods;
      2. reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; and
      3. reasonable costs incurred to determine the cause of the damage.
    3. Lasso Moderation's liability for damage due to death, physical injury or due to material damage to goods is limited to EUR 1,250,000.
    4. Lasso Moderation's liability for indirect damage is excluded in all cases. Indirect damages are any damages not defined as direct damages in these Terms and Conditions, and include but are not limited to consequential damages, losses and/or damages of the Client's users, loss of profits, loss of business, loss of anticipated savings, loss of information (including User Data), loss due to the use of artificial intelligence or any other financial loss or loss of goodwill or reputation.
    5. Without prejudice to the above, Lasso Moderation excludes any liability for acts of third parties engaged by it and for malfunctions in products and/or services of third parties. If the Client becomes aware of such an act and/or malfunction, the Client's sole and exclusive remedy is to report this to Lasso Moderation. Lasso Moderation may, in its sole discretion, replace the third party and/or product or service or create a workaround.
    6. The exclusions and limitations of this article shall not apply if and to the extent that the damage is caused by intent or willful recklessness on the part of Lasso Moderation and/or its management.
    7. Unless performance of the agreement by Lasso Moderation is permanently impossible, Lasso Moderation's liability due to an attributable failure in the performance of the agreement only arises if the Client sends Lasso Moderation a notice of default immediately in writing, thereby setting a reasonable term for remedying the failure, and Lasso Moderation continues to fail attributably in the performance of its obligations even after that term.
    8. Any claim for damages from the Client that is not specified and explicitly reported by the Client expires by the mere lapse of a period of 12 (twelve) months after the claim arose. This is without prejudice to the Client's obligation to complain.
  16. Force majeure

    1. A Party cannot be held to fulfil any contractual and/or legal obligation if it is prevented from doing so as a result of force majeure. Force majeure exists if a Party is hindered in the performance of its obligation(s) as a result of a circumstance that is not due to its fault, nor is it for its account by virtue of the law, a legal act or generally accepted practice.
    2. Force majeure on the part of Lasso Moderation, in addition to what is understood under the law and in case law, includes illness of employees and/or absence of employees that are crucial for the provision of the Service, interruptions in the supply of electricity, strikes, riot, fire, natural disasters, floods, failures of Lasso Moderation's suppliers, failures of third parties engaged by Lasso Moderation, Internet failures, hardware failures, failures in (telecommunications) networks, epidemics, pandemics, government measures and all other external causes which Lasso Moderation cannot influence.
    3. The Party invoking the force majeure is obliged to make commercially reasonable efforts to ensure that the force majeure situation is as short as possible.
    4. In the event of force majeure, Lasso Moderation is entitled to suspend its obligations under the Agreement, or to terminate the Agreement in its entirety and with immediate effect, without any obligation, such as the obligation to pay compensation, being imposed on it.
  17. Term and termination

    1. The Agreement is entered into for the term as stated in the relevant Subscription on the Website. After the expiry of the Agreement, the Agreement will be tacitly extended for the same duration, unless the Agreement is terminated by one of the Parties.
    2. The Client can cancel the Agreement and/or Subscription at any time in writing by contacting Lasso Moderation using the contact information provided in article 2 of these Terms and Conditions. The cancellation will take effect at the end of the current paid term.
    3. In addition to the other remedies available to Lasso Moderation, Lasso Moderation shall, at any time and at its sole discretion, without prior written notice or declaration and without becoming liable to the Client, be entitled to, with immediate effect:
      1. temporarily or permanently suspend the Client's Account and his use of the Service in the event Lasso Moderation deems such suspension necessary;
      2. temporarily or permanently restrict or suspend the Client's activities in connection with the Service;
      3. change or remove information within, or parts of, the Service in whole or in part; and/or
      4. cancel the Agreement.
    4. Each Party is authorised to rescind the Agreement as a result of a failure in the performance of the Agreement by the other Party, if the other Party continues to fail in the performance of the Agreement even after proper notice of default is given and the reasonable periods given therein are expired.
    5. If, at the time of rescission, Lasso Moderation has already delivered (part of) the Service to the Client, this Service and the associated obligation(s) are not subject to the undoing obligations as a result of the rescission.
    6. Lasso Moderation shall never be liable for damages or any refund of fees already received due to termination of the Agreement, in whatever manner and for whatever reason.
    7. Upon termination of the Agreement in any manner and for any reason:
      1. all rights of the Client under this Agreement shall immediately terminate;
      2. the Client is not entitled to a refund of any amount paid; and
      3. the Client's data in the Service, included User Data, may be deleted.
    8. All provisions intended to survive the termination of the Agreement, in whatever manner, survive the termination of the Agreement. Such provisions include (but are not limited to) those relating to Lasso Moderation's exclusions and limitations of liability, Intellectual Property Rights, governing law, disputes and this clause.
  18. Governing law

    1. The Agreement, the Platform, the Website, the provision of the Service and all legal acts between the Parties and disputes arising therefrom shall be governed exclusively by the laws of the Netherlands, unless mandatory law provides otherwise.
    2. The United Nations Convention on Contracts for the International Sale of Goods ("1980 Vienna Sales Convention") is not applicable.
  19. Disputes

    1. To the extent permitted by mandatory law, all disputes between the Parties shall in the first instance be resolved in mutual consultation between the Parties.
    2. If after 30 (thirty) days the Parties do not succeed in resolving the dispute in mutual consultation, each of the Parties is entitled to start a mediation procedure. The other Party is obliged to actively and constructively participate in a started mediation procedure.
    3. If, within 60 (sixty) days from the commencement of mediation, the Parties fail to resolve the disputes through mediation, the following shall apply with regard to dispute resolution.
    4. If the Client is domiciled or established in an EU country, Denmark, Iceland, Norway or Switzerland, disputes shall be exclusively settled by the competent court of the District Court of Noord-Holland location Haarlem, unless mandatory law provides otherwise.
    5. If the Client is not domiciled or established in an EU country, Denmark, Iceland, Norway or Switzerland, then disputes shall be settled exclusively by arbitration in accordance with the then current applicable Arbitration Rules of the Netherlands Arbitration Institute (NAI) (https://www.nai-nl.org). The arbitration proceedings shall be conducted in the English language. The place of arbitrage shall be Rotterdam. The arbitral tribunal shall be composed of 1 (one) arbitrator.
    6. The preceding paragraphs shall not affect the possibility of the Parties to take precautionary measures and/or interim relief before the competent court of the District Court of Noord-Holland location Haarlem, unless another court is competent on the basis of mandatory law.
  20. Miscellaneous

    1. In these Terms and Conditions, "in writing" also means communication by email, if and to the extent that the identity of the sender and the integrity of the content of the communication are sufficiently established.
    2. If the Agreement is or becomes partially invalid or proves to be partially void, the Parties shall remain bound to the remaining part of the Agreement. Lasso Moderation will replace the invalid or void part by clauses that are valid and not void and whose legal consequences, given the content and scope of the Agreement, correspond as much as possible to those of the invalid and/or void part.
    3. All notices or communications, permitted or required under the Agreement, shall be in writing.
    4. Lasso Moderation may amend or supplement the Terms and Conditions at any time. The Client will be informed of any significant changes or additions by email and/or by updates on the Platform and/or when logging in to the Platform. The new version of the Terms and Conditions will be available to view and download on the Website and via the Platform. If the Client does not agree with the amended or supplemented Terms and Conditions, his only option is to stop using the Service and to cancel the Agreement, subject to the provisions of the Agreement.
    5. The version of any communication and/or documents received or stored by Lasso Moderation shall constitute authentic and binding proof, subject to proof to the contrary provided by the Client.
    6. Lasso Moderation has the right to engage third parties for the full or partial performance of its rights and/or obligations under the Agreement.
    7. The Client may transfer its rights and/or obligations under the Agreement to a third party only with Lasso Moderation's prior written consent. Lasso Moderation may transfer its rights and/or obligations under the Agreement to a third party.

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