Terms of Use of Mulberry Garden


We, Mulberry Garden B.V., Javastraat 100-b, 2585 AV The Hague (“Mulberry Garden”; “we”), have developed the application “SpinOffice CRM” (“SpinOffice”) which can be downloaded at www.spinoffice-crm.com and other domains or can be used as desktop application and iOS mobile application. SpinOffice is an organizational tool for managing customer relationships. SpinOffice enables users to digitally organize business relationships, appointments, manage tasks, storing documents and files, organize work, communicate and much more. SpinOffice can be used and operated quickly, fully and easily on any desktop and iOS device throughout the world and on most conventional and current operating systems.


1. General

By downloading SpinOffice you agree to enter into an agreement (“Agreement”) with Mulberry Garden (Chamber of Commerce number 66727375).


If you are agreeing to this Agreement for use by an organization, you are agreeing to this Agreement on behalf of that organization. You must have the authority to bind that organization to this Agreement. The Agreement with Mulberry Garden and the services (“Services”) that Mulberry Garden provides, the following user conditions (“Conditions”) applies to the use of SpinOffice.


SpinOffice is a database application which is running in our cloud. Therefore SpinOffice can be defined as Software-As-A-Service (SAAS).


2. User Rights

Mulberry Garden grants you a limited, nonexclusive, nontransferable, revocable license to use SpinOffice.


3. Personal Data

Mulberry Garden will process any personal data according to legislation in respect of the processing of personal data (such as the Personal Data Protection Act).


Mulberry Garden does:

1. use your email address only to create your account and to provide you relevant information about SpinOffice by email;
2. only collect information for the purpose of running SpinOffice;
3. protect your information with the highest degree of care;
4. use cookies (see article 10 below).

Mulberry Garden does not share your information with third parties, except when required by law, or with explicit permission from you.


4. Updates

We may modify SpinOffice for the purposes of improvements or additions to the functionality and for the rectification of errors. This may be done without prior notice to you. Because SpinOffice is offered to multiple users, it is not possible to omit a modification for a single user. We are not liable for compensation for any direct or indirect damage incurred as a result of the modification of SpinOffice.


5. Availability and Maintenance

We strive to provide uninterrupted and optimal availability of SpinOffice, but we do not offer any guarantees in that respect. We reserve the right to deactivate SpinOffice temporarily for maintenance, modification or improvement. Under no circumstances will we be liable to pay any compensation for damage sustained due to the deactivation of SpinOffice.


6. Authorised Acces

SpinOffice may only be used by authorized users. You agree and understand that you are responsible for maintaining the confidentiality of your login details. In the event of any misuse or suspicion of misuse of your login details, you must notify us immediately.


7. Backup and Security

You, and not Mulberry Garden, are responsible for maintaining and protecting your data. We are not liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

SpinOffice takes adequate organizational and technological measures to ensure the security and confidentiality of your personal information.


8. Exclusion of warranties and limitation of liability

We provide SpinOffice “as is” and “as available”, without any warranty of any kind. To the extent permitted by applicable law, Mulberry Garden disclaims any implied warranties or representations. We expressly do not represent or warrant that SpinOffice will meet your requirements, will be available, uninterrupted, secure or error-free, or that defects in the software will be corrected.

Under no circumstances is SpinOffice liable for any indirect damage sustained by the user or third parties, including consequential damage, loss of data or damage as a result of their disclosure, loss of turnover, and immaterial damage.

The liability of Mulberry Garden against the user, on whatever ground (including failure to comply with a warranty obligation), shall be limited to a maximum of € 500,00 (five hundred euro), excluding VAT, whereby a series of connected events shall be considered a single event.


9. Intellectual Property Rights

Mulberry Garden retains all legal right, title and interest in and to SpinOffice.


10. Suspension of the Services

Mulberry Garden reserves the right to suspend or end the use of SpinOffice and its Services at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data.


11. Term and Termination

This Agreement will remain in effect until your subscription to Mulberry Garden and the Services of Mulberry Garden expires or terminates, or until the Agreement is terminated. Mulberry Garden or you may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

You may terminate this Agreement at any time by disabling SpinOffice and your account. You may stop using SpinOffice and the Services of Mulberry Garden at any time.

If this Agreement terminates: (i) the rights granted by Mulberry Garden to you will cease immediately (except as set forth in this section); (ii) the rights granted by Mulberry Garden to you will cease immediately; (iii) We may provide you access to your account so that you may export your data; and (iv) after a period of 30 days, Mulberry Garden may delete any data relating to your account.

Mulberry Garden may also delete data relating to your account if you have not used SpinOffice for a period of 90 days in a row.


12. Cookies

Mulberry Garden makes use of cookies and logging in SpinOffice and in its websites in order to make them more efficient. A cookie is a small chunk of information that is saved by an application on your computer or device. Cookies are used to simplify and analyze the use of SpinOffice and the website of Mulberry Garden. For instance, functional cookies are used to register your log in status, to prevent having to enter the same information with every (page)visit to SpinOffice and the website of Mulberry Garden.

Many of the applications in SpinOffice are only available with the use of cookies. Should you not wish to allow the use of cookies on your computer you have the option to configure your browser in such a way that it will notify you every time cookies are created or that the creation of them is blocked. This may result in certain aspects of SpinOffice to not function properly, not being (properly) visible or in you being asked to enter your log in details more often.

To understand which cookies Mulberry Garden uses in SpinOffice, we have made the following table that is in line with the European e-Privacy Directive (2009/136/EC). Please note that this list is indicative and may change over time.


Cookie type (short explanation) Explanation Used by Mulberry Garden and examples

Essential Cookies:

These cookies enable services and indicate your preferences: to store your wish to disable services you have chosen not to consent to. This information is not used for advertising or by third parties.

– temporary session information is used for the purpose to enter and secure your account, for technical management of user accounts and features, and to allow you to access features of SpinOffice.

Mulberry Garden needs these cookies to be accepted in order to work.

YES

Session cookie

Functional Cookies:

These cookies remember your choices and are only stored to improve your experience.

– temporary session information is for the purpose of storing preferences like language, or remember your login.

If you withhold or remove your consent to these temporary session information, it may affect your user-experience. Some features may stop working or become inaccessible to full website features.

YES

Language preferences

Remember login

Performance Cookies:

These cookies collect anonymous information about your use of SpinOffice and the website of Mulberry Garden. We use this information not for advertising but to evaluate use of SpinOffice and its website and (re-) consider new features and functionality or improve existing features and functionality.

The cookies collect information on your and user behavior, which may include the time of the visit, whether it constitutes a repeat visit, information about referral sources, and broad IP geolocation. Personal information which may be used to personally identify Users is not tracked or shared. This way Mulberry Garden knows how many page views it has, the number of users, what browsers international users are using (so we can target resources in the right way to maximize compatibility for the majority of users) and in which country, city or region international Users are located.

YES

Google Analytics


13. Applicable law and Jurisdiction

The services provided by Mulberry Garden shall be governed by the Dutch law (The Netherlands). Disputes will be brought before the competent Dutch Court in The Hague.