Last update: 16 December 2018

The service “Bolstat” is offered over the internet in the form of Software-as-a-Service by the company Brightwood. The use of Bolstat is subject to the below terms and conditions. Using Bolstat constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Brightwood.

Article 1. Use of the service
1.1. The service Bolstat allows you to monitor your infrastructure from our web dashboard and mobile app.
1.2. To use Bolstat, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Bolstat may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Bolstat that someone else knows your password.
1.4. Bolstat processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Bolstat for more information.

Article 2. Terms of use
2.1. It is not permitted to use Bolstat for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. On Bolstat it is forbidden to

  • publish information in violation of copyright or hyperlinks to such information;
  • assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
  • violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
  • use our service for any malicious activities like scraping, performing a ddos etc.
    and to do anything that violates applicable netiquette.
    2.3. Should Bolstat discover that you violate any of the above, or receive a complaint alleging the same, then Bolstat may intervene to end the violation.
    2.4. If in the opinion of Bolstat the continued functioning of the computer systems or network of Bolstat or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Bolstat may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
    2.5. Bolstat is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
    2.6. Bolstat may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Bolstat from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance
3.1. Bolstat uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Bolstat actively maintains the service. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Bolstat may from time to time adapt the service. Your feedback and suggestions are welcome but ultimately Bolstat decides which adaptations to carry out (or not).

Article 4. Intellectual property
4.1. The service Bolstat, the accompanying software as well as all information and images on the website is the intellectual property of Brightwood. None of these items may be copied or used without prior written permission of Brightwood, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Bolstat receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Bolstat, for example a bug report or suggestion for improvement, you grant Bolstat a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Bolstat shall refrain from accessing data you store, use or transfer in the platform, unless this is necessary for a good provision of the service or Bolstat is forced to do so by law or order of competent authority. In these cases Bolstat shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service
5.1. The use of Bolstat with a paid plan is subject to fees. When choosing a plan we will inform you of the fees. The fee is due every month and must be paid in advance.
5.2. When using SMS, phone or other alerts, charges may occur. If these charges exceed the limit of your plan, they will be added to your next month’s bill and charged to your payment method.
5.2. Payment is possible by credit card or by invoice when agreed upfront.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Bolstat shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Bolstat in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Bolstat at most two months after discovery.
6.4. In case of force majeure Bolstat is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, IT infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. You may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice.
7.3. Bolstat is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Bolstat shall first send a reminder mail to the e-mail address connected to your account.
7.4. You can export the you store or process using the service at any time through the service interface.

Article 8. Changes to terms
8.1. Bolstat may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. Bolstat shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Bolstat after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Bolstat shall be brought before the competent Dutch court for the principal place of business of Brightwood.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Bolstat service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Bolstat shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Bolstat is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Bolstat or the associated business activities