These Terms of Use, together with the General Terms and Conditions (Nederland ICT Terms) and the Privacy and Security Policy of all companies that fall under KYP Holding, apply to the agreement between one of these companies and the user of KYP software. The Terms of Use, the General Terms and Conditions and the Privacy and Security Policy determine the conditions for access to the URL of the relevant software kyp.now and the use of the KYP software and the services offered by the operating companies of KYP Holding B.V., being:
KYP B.V., relating to KYP PROJECT and KYP PEOPLE, Chamber of Commerce number: 57413894
KYP PROCESS B.V., relating to KYP PROCESS, Chamber of Commerce number: 70073341
KYP PLAN B.V., relating to KYP PLAN, Chamber of Commerce number: 67106331
KYP PREDICT B.V., relating to KYP PREDICT, Chamber of Commerce number: 97930733
Where reference is made in these General Terms of Use to KYP Holding B.V., this shall also be understood to mean one of the above-mentioned operating companies respectively, and shall accordingly apply to all of the above-mentioned operating companies.
Where reference is made in these General Terms of Use to “the use of KYP” or “KYP”, this refers to the use of KYP software offered by KYP Holding B.V. or its operating companies.
A person who wishes to use KYP agrees to the Terms of Use, the General Terms and Conditions and the Privacy and Security Policy of KYP Holding B.V. when creating a KYP-ID by checking the box “yes, I agree to the terms.” The person thereby agrees to the Terms of Use, the General Terms and Conditions and the Privacy and Security Policy (collectively “the Agreement”) of KYP Holding B.V., which can be found, among other places, on the homepage of the relevant software such as www.kyp.now. From the moment a KYP-ID is created, the Agreement applies to both free and paying users of KYP.
The user further declares that he or she is indeed that person and declares that he or she will comply with these Terms of Use, the General Terms and Conditions and the Privacy and Security Policy, which can be found on the homepage of the relevant software such as www.kyp.now.
If KYP Holding B.V. is unable to enforce any right or provision in this Agreement, this does not mean that KYP Holding B.V. waives such right or provision, unless KYP Holding B.V. has acknowledged and accepted this in writing.
In the event of an unforeseen discrepancy between the General Terms and Conditions of KYP Holding B.V. and these Terms of Use, the Terms of Use of KYP Holding B.V. shall prevail.
In the SaaS (Software as a Service) applications of KYP Holding B.V., the user will find a range of project management tools including planning tools, communication functionalities, call-off functionalities, checklists and storage space (collectively “the Services”). Some of these Services are only available upon payment. For more information, see the homepage of the relevant software such as www.kyp.now.
The Services offered by KYP Holding B.V., including all updates, improvements, new features and/or the addition of any new web tools, are subject to the General Terms and Conditions, the Terms of Use and the Privacy and Security Policy as stated on the homepage of the relevant software such as www.kypproject.com.
The current Privacy and Security Policy can be found at https://kyp.now/nl/privacyverklaring/.
KYP Holding B.V. may impose a penalty of €5,000 (five thousand euros) in the event of violation of the above conditions.
KYP Holding B.V. may impose a penalty of €5,000 (five thousand euros) in the event of violation of the above conditions.
KYP Holding B.V. is not the owner of data, information or material submitted to KYP.
A user may view KYP(-ID) Data for at least 30 days after a project is marked “Finished.”
KYP Holding B.V. has the right to delete KYP(-ID) Data without prior notice due to violation or non-payment.
KYP Holding B.V. has the right, without prior notice, to use data stored in KYP for the execution of its services and to further optimize its website and services.
KYP Holding B.V. has the exclusive right, including but not limited to, to provide additional information about users, such as recommendations/comments by users and other ratings/scores by users and/or third parties about users (including but not limited to customer satisfaction, creditworthiness, willingness to calculate, certificates). This equally and fully applies to (derived) statistical information about users.
Participation in a project (other than as project manager) or managing an inactive project is free of charge.
A user who wishes to activate a project in KYP must pay the applicable costs in advance via the payment system of KYP Holding B.V. or by payment of an invoice.
The costs for activating a project or otherwise using specific functionalities are related to the duration of use. This daily/monthly amount is determined periodically by KYP Holding B.V. An adjustment of this monthly amount shall only apply to projects activated after such adjustment.
Payments to KYP Holding B.V. are non-refundable.
The user must provide KYP Holding B.V. with valid and approved payment details if the user wishes to activate a planning. Pricing terms are confidential and the user agrees not to disclose them to third parties.
Payment term: maximum 30 days.
The user is provided with free disk space up to a maximum of 500 MB.
In case of excessive use of data storage, the user must reduce data storage usage or an amount will be charged. Information about the costs of using additional disk space is determined periodically by KYP Holding B.V.
KYP Holding B.V. has the right to modify limits relating to the storage of KYP(-ID) Data.
Costs for activating a project or other paid use of KYP Software are invoiced and collected in advance by KYP Holding B.V.
If payment has been made for use for a specific period of time, the user will be reminded in a timely manner to renew their contract. If the user does not renew, the use of the functions requiring payment will no longer be possible.
The user may also extend the term of use before the expiration of the specified period.
Costs for the extension of the term of use are equal to the rate applicable at that time for activating a project.
In the event of non-payment, KYP Holding B.V. reserves the right to deny access to the KYP-ID. During the suspension period, the user remains liable for the costs of the term of use of the active project.
Outstanding amounts must be chargeable by KYP Holding B.V. to a credit card or otherwise invoiced to the user, including any applicable interest. The user agrees that KYP Holding B.V. is not obliged to retain KYP(-ID) Data and may permanently delete such data if a KYP-ID has an overdue balance for more than 15 days.
This Agreement enters into force as soon as a user has created a KYP-ID and remains in effect as long as the user has a KYP-ID.
Any fixed term of use cannot be terminated prematurely and expires automatically. It is possible to extend the term of use within the applications.
Both parties represent and warrant that they have the legal authority and capacity to enter into this Agreement.
KYP Holding B.V. represents and warrants that KYP is delivered in accordance with generally accepted standards reasonably applicable to the provision of KYP and that KYP, under normal use and conditions, will substantially perform its intended functions.
The user represents and warrants that the user has not registered under a false identity and has not provided incorrect information to gain access to KYP, and that the payment details provided are accurate.
KYP Holding B.V., its offices, directors, employees, lawyers and representatives shall not be liable for any claim, costs, damages, losses, liabilities and expenses (including legal costs) arising out of or in connection with a claim by a user.
Services such as KYP may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. KYP Holding B.V. is not responsible for delays, delivery failures or other damage resulting from such problems.
KYP Holding B.V. may send notices via email to the email address of a KYP user or by letter sent by post to the address stored in the KYP-ID. KYP Holding B.V. assumes that such notice has been received after 48 hours (in the case of postal delivery) or 12 hours (in the case of email delivery).
A KYP user may send a notice at any time to KYP Holding B.V. by email via info@kyp.now or by letter sent by post to:
KYP Holding B.V.
Gooweg 51
2203 AA Noordwijk
The Netherlands
KYP Holding B.V. reserves the right to amend the terms of this Agreement or the Privacy and/or Security Policy of KYP Holding B.V. at any time. The updated version of the Agreement enters into force as soon as it has been published on the homepage of the relevant software such as www.kyp.now. The user is responsible for regularly reviewing this Agreement. If the user continues to use KYP after such amendments, this means that the user agrees to these amendments.
If you have any questions about the Agreement or would like additional information, you may send an email to info@kyp.now or contact us by telephone at +31 (0)20 449 11 17.