Terms of use

Important notice to all users
By making use of Qooling you agree to these terms, which will bind you and your employees. The terms include, in particular, limitations on liability as set out below. If you do not agree to these terms, we will not license the use of this platform and software to you and you must discontinue the ordering process now.

Qooling will also be referred to as “we” and “us”. Cliënt will also be referred to as “you” and “user”


The following terms shall have the meanings set forth below:

  • 1.1 “Qooling Platform” means the Qooling online platform that provides software to help meet international safety standards, as described on www.qooling.com.
  • 1.2 “Account” or “License” means the different accounts. The different types of accounts can be found on the website: www.Qooling.com.
  • 1.3 “License Fee” means the (periodic) account fee charged to you for the right to use the software on the Platform.
  • 1.4 “Support Service” We can offer extended support services depending on your needs.
  • 1.5 “Intellectual Property” shall mean all worldwide rights in and to intellectual property, including without limitation rights to inventions, trade secrets, know-how, technology, research tools, data, software, improvements and rights of authorship and attribution, whether or not protected by patents or copyrights, and including, without limitation, patent applications, patents, trade secret rights, copyrights, trademarks, and other exclusive or non-exclusive rights pertaining to intellectual property owned or controlled by a party.
  • 1.6 “Payment Schedule” means the schedule of payment(s) relating to the performance of the Services set forth in the Quotations or Support Service Contract.
  • 1.7 “Personal Data” means any information obtained in connection with this Agreement that can reasonably be used to identify an individual, including but not limited to full name, contact information, precise location information, or any unique identifier, or that may otherwise be considered “personal data” or “personal information” under the European Parliament and Council Data Protection Directive 95/46/EC.
  • 1.8 “Standard service” is support via the “support” button on the right site of the website. The standard response time is within 48 hours during weekdays.
  • 1.9. “Services” or “Service Activities” means the use (license of use) of the platform, including standard service. Extended Service Support are offered on request in different Packages described in a “Support Services Quotation”.
  • 1.10 “Support Service Contract” means extended support above standard support described and agreed upon in the quotation of Qooling containing the Package.
  • 1.11 “Service Quotation” means agreed upon quotation of Qooling containing the account(s) and standard service.
  • 1.12 “Confidential Information” means information which is or has been disclosed by one party to the other, but does not include any information that is: a) on receipt, in the public domain, or which subsequently enters the public domain without any breach of this Agreement; b) on receipt, already known by the party receiving it; c) at any time after the date of receipt, received in good faith from a third party; or d) required by law to be disclosed;
  • 1.13 “Documentation” means the Documentation described in the Service Support Contract, Service Quotation and information provided by Qooling on using the software on the Platform;
  • 1.14 “License Agreement” means the license agreement between us and you which grants Client access and use of the software on the Qooling Platform.
  • 1.15 “Force Majeure Event” means any war, riot, strike, natural or man-made disaster, technical problems or other circumstances of a similar nature which prevents you of working with the software of Qooling, including without limitation failure of public or private telecommunications networks;
  • 1.16 “System” or “Software” means the software on the Qooling platform, software and data that form the System on which the Qooling platform runs


Except as expressly set out in this Licence or as permitted by any local law, you undertake:

  • 2.1 In consideration of payment by you of the license fee as set out in the price list published on www.qooling.com (the “License Fee”) and you agreeing to abide by these terms, Qooling hereby grants to you a non-exclusive, non-transferable right to use of the Software. Qooling does not sell the Software to you. Qooling remains the owner of the Software and Platform at all times. We only supply the Software and Documentation for internal use by your business, and you agree not to use the Software or Documentation for any re-sale purposes.
  • 2.2 The License Fee is chargeable for each user of the Platform, depending on which account the user has chosen and you agree that the Software shall not be used as a multi-user or network License exceeding the number of users for which the License Fee has been paid.
  • 2.3 All License, Service Support as well as other Fees are non-refundable, i.e. there are no refunds or credits available for periods where you did not use the Software, used it only partially, replaced any Software with new or updated Software or terminated this License prior to end of any month of the Term.
  • 2.4 All Fees are exclusive of all taxes, levies or duties applicable under any legal acts or imposed by tax authorities, unless stated otherwise in this License. Payment of such taxes, levies or duties is your responsibility.
  • 2.5 We may seek pre-authorization of your credit card account prior to your purchase of the Software in order to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize us to charge all sums described this License to such credit card account. You agree to provide us with updated information regarding your credit card account upon our reasonable request and any time the information earlier provided is no longer valid.
  • 2.6 The License Fee shall not be payable by you until a period of 1 month (the “Trial Period”) but shall be payable thereafter on a monthly basis, subject to the terms of this License.
  • 2.7 We shall perform service activities such as hosting, monitoring, (software) updating and consulting service. You shall pay us in accordance with the terms and conditions outlined in this agreement, the Service Support Contract and Service Quotation.
  • 2.8 We will do the management and maintenance of the aforementioned services against the performance criteria stated in these terms, this agreement and corresponding contracts and quotations. All data is daily backed up for 14 days on a trailing basis. We thus make backups of the System every 24 hours. After 14 days the fifteenth day backup will overwrite the first day backup. Recovery of data from backups by us is not part of this agreement. We are allowed to charge extra fees for this service, if applicable and possible.


Except as expressly set out in this terms or as permitted by any local law, you undertake:

  • (a) not to copy, or otherwise attempt to copy, the Software other than for a purpose permitted by this License;
  • (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
  • (c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing, and
  • (d) to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this License.


  • 4.1 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this License.
  • 4.2 In the event that you have access to the Software in source code form or in unlocked coding (including but not limited to JavaScript or CSS) you undertake and covenant not to copy, modify, adapt, or otherwise disclose any part of the Software (or otherwise procure any third party to do the same).
  • 4.3 You retain all your ownership rights in your Documentation of any kind (including images, spreadsheets and text files) that are inserted or uploaded to the Software by you and any other digital data and information, which is subjected to or inserted in the Software by you (the “Client Data”). We do not guarantee any accuracy with respect to any information contained in any Client Data, and strongly recommend that you think carefully about what you transmit, submit or post to or through the Software. You hereby confirm that you understand that all information contained in Client Data is your sole responsibility. This means that you, and not us, are entirely responsible for all Client Data that you upload, post, transmit, or otherwise make available through the Software, as well as for any actions taken by us or other persons as a result of such Client Data.


  • 5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
  • 5.2 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the License or Support Services for:
    • (a) loss of profits, sales, business, or revenue;
    • (b) business interruption;
    • (c) loss of anticipated savings;
    • (d) loss or corruption of data or information;
    • (e) loss of business opportunity, goodwill or reputation; or
    • (f) any indirect or consequential loss or damage
    • (g) loss of data because of failure of public or private telecommunications networks.
  • 5.3 Our maximum aggregate liability under or in connection with this License or services whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 12 months of payment of any Account Fee received by us.
  • 5.4 This License sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documentation. Except as expressly stated in this License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this License whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.


  • 6.1 The price is based on the account(s) and Package you have chosen or the budgeted number of hours, and any additional Services. Prices mentioned are per month, excluding VAT.
  • 6.2 If changes occur in the above as intended in paragraph 1 of this article that, necessitate price adjustments, such as major necessary updates of the software, the price adjustment shall take place in consultation with you.
  • 6.3. If during the term of the agreement a change occurs in the labor costs and/or other costs of us, as a consequence of (a) change(s) in the relevant collective labor agreement, or as a consequence of legislation, decisions or decrees of official authorities of a compulsory nature, or if changes occur in the costs of the used auxiliary materials, materials, transport means, and the like then we can proceed with the implementation of a change of the contractual price.
  • 6.4 Every July we have the right to adjust our prices based on the consumer price index (CPI) as calculated by CBS, in the Netherlands. With a negative CPI, the price will be the same and will not be lowered.


  • 7.1 You must pay us the amounts specified in this agreement and the corresponding quotations and contracts, in accordance with the timing specified.
  • 7.2 All sums payable by you under this agreement shall be made in full, without set-off or counter-claim and, except to the extent required by law, free and clear of any deduction on account of tax or otherwise.
  • 7.3 Unless stipulated otherwise in writing, payment must take place within 14 days after the date of the invoice, without any discount or setoff. You shall be in default as a result of the mere expiry of this payment term of 14 days. You shall not be authorized to suspend its payment obligation vis-à-vis us, on any ground whatsoever.
  • 7.4 In case of untimely payment you shall be held to pay default interest equal to an interest rate of 1% per month. In addition you shall in case of failing (or untimely) payment be held to pay all extrajudicial and judicial collection costs necessarily incurred by we(full costs of legal assistance included), with a minimum of € 75,-.
  • 7.5 If you fail to comply with one or more of its obligations vis-à-vis our obligations to comply are automatically and immediately suspended until you have effectuated full payment of that which has fallen due (including interest and costs) and we shall also be authorized to desire you to provide immediate payment of and/or sufficient security for compliance with its obligations, e.g. in the form of a bank guarantee, to be issued by a Dutch bank institution. The (contractual) payment obligations of you continue during the period of the suspension. You are therefore not entitled to reduction of the stipulated total price / contracting sum for that period.
  • 7.6 Payments received from you shall first be applied to costs and default interest. Then received payments are applied to the oldest outstanding invoice.
  • 7.7 We may discontinue or suspend your possibility to login on your Account and our (extended) Support Services, immediately by written notice (email) if you fail to pay the License Fee or Extended Support Services invoices.


  • 8.1 We may terminate this License or any Support Service(s), immediately by written notice to you if:
    • (a) you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
    • (b) you fail to pay the License Fee for a month.
  • 8.2 You or we may terminate this License or Package by giving the other party 1 month prior written notice.
  • 8.3 Upon termination for any reason:
    • (a) all rights granted to you under this License or Package shall cease and you and each of your users shall immediately cease to have access to the Software and you Data; and
    • (b) you must immediately cease all activities authorized by this License or Package;
  • 8.4 If you provide written request to us to terminate this License, then we shall use reasonable endeavours to permanently delete all Client Data as soon as practicable following such date that is one month after termination (the “Termination Period”) (but no later than twelve months of receipt of such request), provided that we shall not delete your data prior to the expiry of the Termination Period. If we receive written confirmation from you prior to the expiry of the Termination Period that you wish us to export all your data and deliver this to you, we shall do so but reserve the right to charge for and receive from you, prior to delivery of you Data, our reasonable costs and expenses in doing so.


  • 9.1 You can send us emails at: info@qooling.com. We will confirm receipt of this by contacting you in writing, normally by email.
  • 9.2 If we have to contact you or give you notice in writing, we will do so by email on address you provide to us in your order for the account or Package.
  • 9.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.


  • 10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this License or Package that is caused by Force Majeure.
  • 10.2 If Force Majeure takes place that affects the performance of our obligations under this License:
    • (a) our obligations under this License will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure; and
    • (b) we will use our reasonable endeavors to find a solution by which our obligations under this License may be performed despite the Force Majeure.


  • 11.1 The parties recognize and acknowledge the confidential nature of any Confidential Information.
  • 11.2 Neither party may use or disclose any Confidential Information other than:
    • a) to its employees or subcontractors to the extent necessary;
    • b) with the express prior written consent of the other party; and
    • c) to its professional advisers.
  • 11.3 Each party agrees to implement such security arrangements as may be necessary to ensure that the secrecy of the Confidential Information is preserved. Client, not us is responsible for the safety of the personal data/privacy of his users. Client will take the necessary measures to insure compliance with the legal (EU) rules and regulations on personal data and privacy of his users. If necessary, parties will sign a Data Processing Agreement.
  • 11.4 Neither party may advertise or publicly announce any matter relating to the existence or the contents of this agreement without the other party’s prior written consent. We shall be entitled to refer to you as a Client and provide your name in our portfolio. We has the right to publish this information on our website, in presentations, banners, etc. to promote ourselves.
  • 11.5 You shall indemnify us against any losses, costs [including solicitor], expenses, demands or liability, whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort [including in each case negligence], or equity or otherwise, incurred as a result of any unauthorized disclosure or use of the Confidential Information.


  • 12.1 We may transfer our rights and obligations under this License to another organization or entity, but this will not affect your rights or our obligations under this License.
  • 12.2 You may only transfer your rights or your obligations under this License or Package to another person or entity if we agree in writing.
  • 12.3 This License together with the contracts and agreed upon quotations constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License or any document expressly referred to in it.
  • 12.4 If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • 12.5 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  • 12.6 You shall not subcontract any of its obligations under this Agreement without the prior written consent of We.
  • 12.7 We may subcontract the performance of this Agreement in whole or part. We may, without the consent of you, engage individuals on a subcontract or consultancy basis, whether or not operating under a corporate structure, to assist in the provision of any Services pursuant to this Agreement.


  • 13.1 You are not allowed to employ or hire staff or subcontractors of us in any way whatsoever, either directly or indirectly, without prior written permission of us. This prohibition is applicable during the term of the agreement concluded by and between you and us, as also for a period of 24 months after termination of the agreement.
  • 13.2 If you act, without permission of us, in breach of the provisions set forth in paragraph 1 of this article you forfeits a penalty to us of EUR 20.000 and EUR 750.00 per concerned member of our staff/subcontractor per week or part of a week that the breach continues.

This Agreement shall be governed by Dutch law, and the parties submit to the exclusive jurisdiction of the court of Amsterdam, The Netherlands.


Our core value is making our customers happy. We do whatever it takes to make you happy, and sometimes this can go wrong. When you have such an experience you can always contact us.


In case you have any questions regarding the terms of use, feel free to contact us at: info@qooling.com