Hoogers Digital B.V. Terms and Conditions

1. Parties & Applicability

These Terms and Conditions (“Terms”) govern the use of the Mentione software-as-a-service platform (“Service”) provided by Hoogers Digital B.V., a private limited company registered in the Netherlands (KvK 85329495, VAT NL863587653B01) with its principal office at Veemkade 300, 1019 HD, Amsterdam, Netherlands (“Hoogers Digital”, “we”, “us”). By creating an account, signing an order form, or using the Service, you (“Customer”,“you”) accept these Terms. If you act on behalf of an organisation, you confirm that you have authority to bind that organisation.

2. Registration & Account Security

You must be at least 18 years old and legally capable of entering into contracts. Registration requires accurate, current, and complete information. You are responsible for safeguarding login credentials and for all activity under your account. Notify Hoogers Digital immediately of any unauthorised access or security incident.

3. Service Description

Mentione monitors news sources, analyses sentiment, and can trigger actions across connected marketing platforms (including Meta and Google Ads). We may enhance, modify, or discontinue features or interfaces at our discretion; material changes will be communicated in advance when reasonably practicable.

4. Plans, Fees, and Payment

1. Pricing, plan limits, and features appear in the Service or order form. Fees are billed in advance (monthly or annually) via Stripe or another approved payment method.
2. All fees exclude VAT, GST, sales taxes, or other levies unless stated otherwise. Customer is responsible for all taxes, duties, or withholdings imposed in any jurisdiction.
3. Fees are non-refundable except where required by law. If payment fails or is overdue, Hoogers Digital may suspend the account after reasonable notice.
4. We may adjust pricing or plan limits with at least 30 days’ written notice. Continued use after the effective date constitutes acceptance of the new fees.

5. Acceptable Use

Customer agrees to:

• use the Service only for lawful business purposes;
• comply with all applicable laws, including data protection, advertising, and marketing regulations;
• refrain from probing or testing system vulnerabilities, reverse engineering, or bypassing security measures;
• not resell, sublicense, or provide the Service to third parties without written consent; and
• not use the Service to transmit spam, defamatory content, or materials infringing third-party rights.

Hoogers Digital may suspend or terminate accounts for any violation of this clause.

6. Third-Party Services & Integrations

The Service connects with Supabase, Trigger.dev, Stripe, Google, Meta, and other providers. Customer’s use of these integrations is subject to each provider’s separate terms, policies, and fees. Customer is responsible for creating and maintaining those third-party accounts, credentials, tokens, and permissions. Hoogers Digital is not liable for third-party services, outages, or changes in availability.

7. Customer Data & Privacy

1. “Customer Data” includes monitors, mentions, sentiment scores, campaign data, and personal data supplied or generated through the Service. Customer retains all rights to Customer Data. We process Customer Data solely to deliver and improve the Service, prevent fraud or abuse, and comply with legal obligations.
2. Hoogers Digital implements appropriate technical and organisational measures under Article 32 GDPR. Where required, we will enter into a Data Processing Agreement (DPA) with Customer.
3. We may aggregate and anonymise usage statistics for analytical purposes, provided the output does not identify Customer or individuals.

8. Intellectual Property

Hoogers Digital owns the Service, including all software, documentation, designs, and trademarks. Customer receives a limited, non-exclusive, non-transferable licence to use the Service for internal business purposes during the subscription term. Customer may not remove proprietary notices or use Mentione trademarks without prior written consent.

9. Confidentiality

Each party must protect the other party’s confidential information with reasonable care and may use it only to fulfil obligations under these Terms. This obligation does not apply to information that is public, independently developed, or lawfully obtained from a third party without restriction. Confidentiality obligations survive termination.

10. Service Availability & Support

We aim for high availability but provide the Service on an “as available” basis. Scheduled maintenance and unexpected incidents may occur; where feasible, we will provide advance notice via status.mentione.io or email. Standard support is available through support@hoogersdigital.nl during CET business hours. Premium support may be offered under a separate agreement.

11. Disclaimer

The Service is provided “as is” and “as available.” Hoogers Digital disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any assurances of marketing performance, cost efficiency, or outcomes generated by automations triggered through Mentione. Customer remains responsible for reviewing and approving campaigns, budgets, and automations before they run. Hoogers Digital is not liable for errors, delays, or outages in third-party data sources, APIs, advertising platforms, or payment processors.

12. Limitation of Liability

1. Neither party is liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, goodwill, business interruption, or increased advertising costs, even if advised of the possibility.
2. Hoogers Digital’s aggregate liability under these Terms will not exceed the total fees paid by Customer in the twelve (12) months preceding the event giving rise to the claim.
3. These limitations do not apply to liability that cannot be excluded under Dutch law, such as liability for fraud, wilful misconduct, or death/personal injury caused by negligence.

13. Indemnification

Customer shall indemnify and hold harmless Hoogers Digital, its directors, officers, employees, and affiliates against claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of: (a) Customer’s breach of these Terms or applicable law; (b) Customer’s misuse or misconfiguration of automations, campaign triggers, or connected ad accounts; or (c) infringement of third-party rights caused by Customer Data or use of the Service. Hoogers Digital will promptly notify Customer of any claim and cooperate at Customer’s expense.

14. Term, Suspension, and Termination

1. These Terms commence on the date Customer first accesses the Service and continue until terminated.
2. Customer may terminate at any time via the billing portal; termination becomes effective at the end of the current billing cycle. Access to Customer Data ends 30 days after termination, after which we may delete it unless retention is legally required.
3. Hoogers Digital may suspend or terminate access immediately for material breach, unlawful activity, or non-payment. When reasonable, we will provide prior notice and an opportunity to cure.

15. Governing Law & Dispute Resolution

These Terms are governed by Dutch law. Parties will attempt to resolve disputes amicably within 30 days. If unresolved, disputes shall be brought before the competent courts of Amsterdam, Netherlands, unless mandatory consumer protection rules require a different forum.

16. Changes to Terms

Hoogers Digital may update these Terms from time to time. Changes become effective on the stated “Last updated” date. We will notify Customer of material changes via email or in-app alert. Continued use after the effective date constitutes acceptance.

17. Miscellaneous

• Assignment: Customer may not assign rights or obligations without prior written consent. Hoogers Digital may assign in connection with a merger, acquisition, or sale of substantially all assets.
• Force Majeure: Neither party is liable for delays or failures caused by events beyond reasonable control (including natural disasters, government acts, or internet outages).
• Severability: If any provision is unenforceable, the remaining provisions remain in full effect.
• Entire Agreement: These Terms, together with any order forms and referenced policies (including our Privacy Policy and DPA where applicable), constitute the entire agreement between the parties and supersede prior discussions or agreements.

18. Contact Information

Hoogers Digital B.V.
Veemkade 300
1019 HD Amsterdam
Netherlands
support@hoogersdigital.nl

This document is provided for informational purposes. Please consult legal counsel to ensure compliance with applicable laws and regulations relevant to your operations and customer base.