Article 1. Our Services

XWMS develops custom digital systems: APIs, client portals, web applications, internal tools. All work is carried out from Hoogvliet, Rotterdam, the Netherlands. Services focus on scalability, high security, and excellent user experience.

Information and features delivered through the Services are not intended for use by persons or entities in jurisdictions where use would violate local laws or require additional registration or compliance obligations. Users accessing the Services from outside the Netherlands must comply with local applicable laws.

The Services are not designed to comply with industry-specific regulations such as HIPAA, FISMA, or similar. If your intended use would bring your activities under such laws, use of the Services is prohibited. Additionally, the Services may not be used in any way that violates the Gramm-Leach-Bliley Act (GLBA) or similar financial, health, or data protection laws.

Article 2. Intellectual Property Rights

Our Intellectual Property

All intellectual property rights in the Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), and all trademarks, service marks, logos, and trade names contained therein (the “Marks”), are owned by or licensed to XWMS.
These Content and Marks are protected under copyright laws, trademark laws, and other applicable intellectual property and unfair competition laws, both in the Netherlands, the European Union, and internationally.
Content and Marks are provided through the Services “AS IS” solely for your personal, non‑commercial use or internal business purposes, subject to these Legal Terms.

License to Use

Subject to compliance with these Legal Terms, including the “Prohibited Activities” section, XWMS grants you a limited, non‑exclusive, non‑transferable, revocable license to:

• access the Services; and
• download or print portions of the Content to which you have lawful access, solely for personal, non‑commercial use or internal business purposes.

Any other use of the Services, Content, or Marks — including reproduction, aggregation, republication, uploading, posting, public display, translation, transmission, distribution, licensing, or commercial exploitation — without prior written permission from XWMS is prohibited.
Requests for such permission should be addressed to: info@xwms.nl. If permission is granted, you must clearly identify XWMS as the owner or licensor and maintain any copyright or proprietary notices when using the Content.
XWMS reserves all rights not expressly granted to you in and to the Services, Content, and Marks. Breach of these Intellectual Property Rights constitutes a material breach of these Legal Terms and will result in immediate termination of your right to use the Services.

User Submissions and Contributions

Before posting any content to the Services, you must review this section and the “Prohibited Activities” section to understand your rights and obligations.

Submissions

Any questions, suggestions, comments, ideas, or other materials sent directly to XWMS regarding the Services (“Submissions”) will be deemed non‑confidential. You grant XWMS all intellectual property rights in such Submissions and agree that XWMS may use, reproduce, adapt, publish, distribute, or otherwise exploit them for any lawful purpose without compensation or notice to you.

Contributions

Services may allow or invite you to post content such as text, writings, videos, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, or other materials (“Contributions”). Contributions may be visible to other users or accessible through third‑party websites.

By posting Contributions, you grant XWMS a perpetual, worldwide, royalty‑free, fully paid, transferable, non‑exclusive license to:

• use, copy, reproduce, distribute, sell, publish, broadcast, publicly display, adapt, modify, translate, excerpt, and otherwise exploit your Contributions;
• prepare derivative works of, or incorporate Contributions into other works; and
• sublicense the above rights.

This license includes use of your name, company name, trademarks, and logos as submitted, for any commercial or advertising purpose.

You warrant that:

• Contributions are your original work or you have all necessary rights and permissions;
• Contributions do not infringe any third‑party intellectual property rights or applicable law;
• Contributions are not confidential information.

You agree to indemnify XWMS for any losses arising from breach of this section, infringement of third‑party rights, or violation of applicable laws.
XWMS may, at its discretion, remove or edit any Contributions without notice if they are deemed harmful or in violation of these Legal Terms. XWMS may suspend or disable your account and report violations to authorities where necessary.

Copyright Infringement

XWMS respects the intellectual property rights of others. If you believe any material on or through the Services infringes your rights, refer immediately to the “Copyright Infringements” section of these Terms.

Article 3. User Representations

By using the Services, you represent and warrant that:

1. All registration information you submit is true, accurate, current, and complete.
2. You will maintain and promptly update such registration information to keep it accurate and complete.
3. You have the legal capacity and authority to enter into and comply with these Legal Terms.
4. You are at least 18 years of age and legally permitted to use the Services in your jurisdiction.
5. You will not access or use the Services through automated or non-human means, including but not limited to bots, scripts, or scraping tools.
6. Your use of the Services is solely for lawful purposes and does not violate any applicable laws or regulations.
7. You will not use the Services to engage in any unlawful, unauthorized, or harmful activity.

If any information provided during registration or use of the Services is untrue, inaccurate, not current, or incomplete, XWMS reserves the right to suspend or terminate your account, and refuse any and all current or future access to the Services (or any portion thereof) without notice.

Article 4. User Registration

To access certain features of the Services, registration may be required. When registering, you agree to provide accurate, complete, and current information as requested. You must promptly update your account information to ensure it remains accurate and complete.

You are responsible for maintaining the confidentiality of your account credentials, including your username, password, and any authentication details. You are fully responsible for all activities that occur under your account.

XWMS provides a highly advanced login system, allowing access through multiple authentication methods, including but not limited to email and password, multi‑factor authentication, single sign‑on (SSO), third‑party OAuth integrations, and biometric authentication where applicable. You are responsible for any access through your account, regardless of the method used.

XWMS reserves the right, at its sole discretion, to modify, suspend, or terminate your account and/or to change any information associated with your account, including but not limited to your name, password, date of birth, gender, address, email, or other account details. Such changes may be made for maintenance, security, regulatory compliance, or other operational reasons, and will be communicated to you via your account dashboard where possible.

Usernames are subject to review and approval by XWMS. XWMS reserves the right to remove, reclaim, or change any username if it is determined, at XWMS’s sole discretion, to be inappropriate, offensive, or otherwise objectionable.

Failure to comply with these registration obligations may result in suspension or termination of your account and denial of access to the Services.

Article 5. Products

We strive to ensure that all product information displayed through the Services — including colors, features, specifications, and other details — is accurate and up to date. However, we do not warrant that such information is always reliable, complete, current, or free from errors. The colors and visuals you see may vary depending on your device settings or screen calibration and may not perfectly reflect the actual product.

All products offered through the Services are subject to availability. We make no guarantees regarding stock levels or the continued availability of any specific product. XWMS reserves the right to:

• Modify or update product information at any time without prior notice;
• Change product pricing at its sole discretion;
• Discontinue any product or service at any time, for any reason.

XWMS will not be liable for any inaccuracies, delays in updating product information, or unavailability of products, including after an order has been placed.

Article 6. Purchases And Payment

We currently accept the following payment methods, subject to change without prior notice:

• Creditcard
• PayPal
• iDEAL
• Apple Pay

You agree to provide current, complete, and accurate billing and account information for all purchases made through the Services. This includes promptly updating your payment details (e.g. billing address, email address, payment method, card expiration date) to ensure successful transaction processing and communication.

All prices are listed in Euros (€), and applicable sales taxes will be added as required. Shipping costs (if applicable) will be calculated and added at checkout.

You authorize XWMS to charge your selected payment method for the full amount of the order at the time of purchase. We reserve the right to correct pricing errors or mistakes, even after payment has been requested or received.

We also reserve the right to:

• Refuse any order placed via the Services;
• Limit or cancel quantities purchased per person, per household, or per order;
• Restrict orders that appear, in our sole discretion, to be placed by resellers, distributors, or commercial buyers.

These restrictions may apply to orders associated with the same account, payment method, billing address, or shipping address.

Article 7. Subscriptions

Billing and Renewal

Subscription-based Services are billed on a monthly basis. Your subscription will automatically renew unless you cancel before the end of the current billing cycle. By subscribing, you authorize XWMS to charge your selected payment method on a recurring monthly basis without requiring prior approval for each renewal.

Cancellation

You may cancel your subscription at any time by logging into your account. Cancellations will take effect at the end of the current paid billing cycle. No refunds or partial credits will be issued for the remaining period of a subscription once cancelled.

If you have any questions or are dissatisfied with your subscription, you can contact us at info@xwms.nl.

Fee Changes

Subscription fees may change over time. XWMS will notify you in advance of any fee changes, in accordance with applicable legal requirements. Continued use of the Services after a fee change becomes effective constitutes acceptance of the new pricing.

Article 8. Return & refunds Policy

Please refer to our Return and Refunds Policy, available on the Services, for detailed information on returns, exchanges, and refund eligibility before making a purchase.

Article 9. Software

From time to time, we may provide access to software in connection with the Services.

If the software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software.

If no separate EULA is provided, XWMS grants you a non-exclusive, non-transferable, revocable, personal license to use the software solely in connection with your use of the Services, subject to these Legal Terms.

Unless expressly permitted by the EULA or these Terms, you may not reproduce, distribute, or modify the software.

All software and associated documentation are provided "as is", without any warranties — express or implied — including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks arising from the use or performance of any such software.

Article 10. Prohibited Activities

You may not use the Services for any purpose other than that for which we provide them. In particular, you agree not to, and shall not permit others to:

• Use the Services for commercial purposes except those explicitly authorized by XWMS.
• Systematically retrieve, scrape, or copy data or content from the Services to create or compile a collection, database, or directory without our prior written consent.
• Trick, defraud, mislead, or deceive us or other users, including attempts to learn account credentials (e.g. passwords).
• Bypass, disable, or interfere with security features of the Services, including protections against copying or limiting access.
• Disparage, defame, or tarnish XWMS or the Services.
• Use any information from the Services to harass, abuse or harm another person.
• Misuse support channels or submit false reports of abuse or misconduct.
• Use the Services in violation of applicable laws or regulations.
• Frame, mirror, or otherwise reproduce parts of the Services without our authorization.
• Upload or transmit viruses, worms, malware, or any code intended to disrupt or degrade the Services, including excessive use of uppercase letters, spamming, or bulk messaging.
• Use any automated systems (bots, scripts, scrapers, crawlers) to access or interact with the Services.
• Remove or alter any copyright, trademark, or proprietary notices from the Content.
• Impersonate any person or user, or use another person’s account or username without permission.
• Upload or transmit passive or active data collection mechanisms (e.g. web bugs, 1×1 pixels, spyware) without approval.
• Interfere with or impose an unreasonable burden on the Services, its infrastructure, or interconnected systems.
• Harass, intimidate, or threaten any of our employees, agents, or representatives.
• Attempt to circumvent access restrictions, whether technical or contractual.
• Copy or adapt the Services’ underlying software (e.g. HTML, JavaScript, Flash, PHP) beyond permitted uses.
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software provided by the Services (unless permitted by law).
• Use the Services to gain an unfair competitive advantage, or as part of a competing service.
• Use the Services to promote or sell products or services (unless explicitly permitted).
• Transfer, sell, or otherwise assign your profile, account, or access to the Services.
• Engage in any unauthorized reproduction, distribution, or creation of derivative works based on the Services’ content or software. Violation of any of the foregoing may result in suspension or termination of your access to the Services, legal action, and liability for damages.

Article 11. User Generated Contributions

The Services may allow you to post or otherwise make available content (“Contributions”) such as text, comments, videos, images, audio, graphics, or other materials. Some Contributions may be visible to other users or via third-party sites.

When you provide Contributions, you represent and warrant that:

• You own or have all necessary rights to the Contributions, or have obtained all required licenses, consents, and permissions.
• Your Contributions do not infringe any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights.
• If your Contributions include identifiable individuals, you have their consent to use their name, likeness, or personal information.
• Your Contributions are not false, misleading, deceptive, defamatory, obscene, abusive, harassing, or otherwise objectionable.
• Your Contributions do not promote illegal activities or violate any law, regulation, or right of a third party.
• Your Contributions are not unsolicited advertisements, promotional materials, pyramid schemes, chain letters, spam, or mass mailings.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any laws protecting minors (e.g. child privacy, indecency).
• Your Contributions do not contain offensive content tied to race, religion, gender, sexual orientation, disability, or other protected characteristic.
• You do not organize campaigns soliciting reviews or ratings (positive or negative) from others.

You agree that any use of the Services in violation of this section constitutes a breach of these Legal Terms and may result in removal or modification of your Contributions, suspension or termination of your account, and legal liability.

Article 12. Contribution License

By posting or making available Contributions through the Services (or linking your account to third-party social accounts to post content), you grant XWMS a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, fully paid license to:

• Host, use, reproduce, modify, adapt, publish, translate, distribute, and publicly display your Contributions;
• Create derivative works based on your Contributions;
• Sublicense any of the above rights;
• Use your name, picture, likeness, trademarks, and logos in connection with such rights.

This license applies to all forms, media, and technologies now known or later developed. You waive all moral rights to your Contributions to the extent permitted by law.

You retain ownership of your Contributions. XWMS does not claim ownership, but reserves the right:

• To edit, redact, or reformat your Contributions;
• To reclassify or relocate your Contributions within the Services;
• To remove or refuse to display any Contribution at our discretion, without notice;
• To pre-screen, monitor or refuse any Contribution.

We are not obligated to review Contributions for compliance, and not responsible for user content or the consequences of its publication.

Article 13. Guidelines For Reviews

If the Services include rating or review functions, your reviews must comply with the following:

• You should have genuine first-hand experience with the product, service, or entity you are reviewing.
• Reviews must be fair, balanced, and not contain profanity, hate speech, obscenity, or harassment.
• Do not include discriminatory remarks based on religion, race, gender, sexual orientation, age, disability, or other protected classes.
• Avoid references to illegal acts or attempts to judge legal guilt.
• You should not be affiliated with a competitor if you post a negative review.
• Do not state or imply conclusions of law (e.g. that the subject “broke the law”).
• Reviews must not be false, misleading, or deceptive.
• Do not organize campaigns asking others to post reviews (positive or negative).

Violation may lead to editing, removal of the review, or account suspension.

Article 14. Social Media

You may link or connect your account on the Services with third-party accounts (e.g. social media). By doing so:

• You represent that you’re permitted to provide login credentials or grant access to such third-party accounts, without violating those providers’ terms.
• You allow XWMS to access, store, and display content from your third-party accounts (e.g. friend lists, profile info), in conformity with those accounts’ privacy settings.
• XWMS may also exchange additional data with the third-party service if you grant permission.
• If a third-party account is disconnected, or access revoked, related content may no longer be accessible via our Services.
• You can disable or revoke the connection at any time via account settings or by contacting us.

Note: your relationship with third-party providers (and their terms) remain solely between you and them. XWMS is not responsible for their practices or content.

• XWMS may access contacts or email address books associated with your linked third-party accounts solely to the extent needed to identify other users or suggest connections.
• We may delete any data fetched from third-party accounts except your username and profile picture, which remain associated with your account.

Article 15. Third-party Websites And Content

The Services may contain links to, or integrate with, third-party websites or content (“Third-Party Websites/Content”). These are not under XWMS’s control, and we make no representations or warranties regarding them.

We are not responsible for their accuracy, reliability, legality, or content.

Inclusion of or links to third-party resources does not imply endorsement by XWMS.

If you leave our Services or access third-party content, you do so at your own risk; our Terms do not govern your dealings with such third parties.

Any transactions or agreements you make with third parties are solely between you and those third parties; we disclaim all liability.

You agree to hold XWMS harmless from any losses, damages, or liabilities arising from your use of third-party websites or content.

Article 16. Advertisers

We may allow third-party advertisers to display advertisements and other promotional content in certain areas of the Services, such as sidebar banners or pop-ups. We merely provide the space for such advertisements and do not otherwise endorse, evaluate, or have a direct relationship with these advertisers unless explicitly stated. Any interactions or transactions with advertisers are solely between you and the respective third party.

Article 17. Services Management

We reserve the right, but are not obligated, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against any user who, in our sole discretion, violates the law or these Legal Terms, including reporting to authorities;
• Refuse access to, limit availability of, or remove any Contributions or content that, in our sole discretion, violate these Legal Terms or are otherwise harmful;
• Remove or disable content that is technically excessive or burdensome to our systems;
• Otherwise manage the Services in a manner intended to maintain system integrity and protect our rights.

Article 18. Privacy Policy

We value your privacy and data security. Please review our full Privacy Policy at company_website/legal/privacy. By using our Services, you consent to the collection, use, and processing of your data in accordance with that policy.

Please note:

• The Services are hosted and operated in the Netherlands.
• If you access the Services from outside the Netherlands, you consent to the transfer and processing of your data in accordance with Dutch and EU law.
• We do not knowingly collect data from children under the age of 13. If we become aware of such data collection, we will delete it as soon as reasonably practical.

Article 19. Copyright Infringements

We respect the intellectual property rights of others. If you believe that content available on or through the Services infringes your copyright, please submit a detailed written notice (“Notification”) to us via the contact details listed below. Your Notification must comply with applicable legal requirements, including a good-faith belief that the use is unauthorized and information sufficient to locate the allegedly infringing material.

Please be aware that knowingly submitting false claims may result in liability for damages under applicable laws.

Article 20. Term And Termination

These Legal Terms remain effective while you use the Services.

We reserve the right, at our sole discretion and without notice or liability, to:

• Deny access to or terminate your use of the Services (including blocking IP addresses);
• Suspend or delete your account or any related content, for any reason, including breach of these Legal Terms or applicable law.

If we suspend or terminate your account, you may not register under a different name or identity, including on behalf of a third party.

We also reserve the right to pursue legal remedies, including civil or criminal proceedings, where appropriate.

Article 21. Modifications And Interruptions

We may, at any time and without notice:

• Modify, update, or remove parts of the Services;
• Change pricing or features;
• Interrupt or suspend access due to maintenance, updates, technical issues, or security reasons.

We are not liable for any loss, damage, or inconvenience resulting from interruptions or changes to the Services. These Legal Terms do not oblige us to maintain, update, or provide continued access to the Services.

Article 22. Governing Law

These Legal Terms are governed by the laws of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

If you are a consumer residing in the EU, you may also benefit from mandatory consumer protection laws of your country of residence. Any legal disputes may be brought before the courts of Zuid-Holland, or, if applicable, in your EU country of residence.

Article 23. Dispute Resolution

The European Commission provides an online dispute resolution platform, accessible at: https://ec.europa.eu/consumers/odr.

If you wish to raise a concern or initiate a complaint, please contact us at info@xwms.nl. We prefer to resolve matters directly and informally where possible.

Article 24. Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, availability, or other content.

We reserve the right to:

• Correct any errors or inaccuracies;
• Update or revise content without prior notice.

Such corrections do not constitute a waiver of these Legal Terms or any contractual or legal rights.

Article 25. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

• THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE SERVICES, OR ON WEBSITES OR MOBILE APPS LINKED TO THE SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• INTERRUPTION, SUSPENSION, OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
• VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES;
• ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF SUCH CONTENT.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR ADVERTISING. WE ARE NOT A PARTY TO AND WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD‑PARTY PROVIDERS. AS WITH ANY PURCHASE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

Article 26. Limitations Of Liability

IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT WHERE PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO US IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

CERTAIN APPLICABLE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Article 27. Indemnification

You agree to defend, indemnify, and hold harmless XWMS, its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

• Your Contributions;
• Your use or misuse of the Services;
• Violation or breach of these Terms;
• Any violation of your warranties, representations, or obligations under these Terms;
• Your violation of any rights of another (including intellectual property, privacy, publicity);
• Any harmful act toward a user or third party with whom you interact via the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate in such defense.

Article 28. User Data

We will maintain data you transmit to the Services as necessary to provide functionality, as well as logs relating to your use of the Services. While we perform periodic backups, you are solely responsible for all data you transmit or store via the Services. We are not liable for any loss, corruption, or damage to your data, and you hereby waive any claims arising from such loss or corruption to the fullest extent permitted by law.

Article 29. Electronic Communications, Transactions, And Signatures

By visiting the Services, sending emails, or completing online forms, you agree to receive communications from us electronically. You accept that electronic communications satisfy any legal requirement that such communications be in writing.

You agree to the use of electronic signatures, records, and transactions, and to electronic delivery of notices, policies, and transactional documents. You hereby waive any rights you may have under applicable laws requiring a “wet ink” signature or non‑electronic delivery/retention of records.

Article 30. California Users And Residents

Opting Out

You may stop receiving SMS messages from us at any time by replying with “STOP.” We may send one final confirmation message to confirm your opt-out.

Message and Data Rates

Standard message/data rates from your carrier may apply for SMS communications. Those charges are your responsibility and depend on your plan.

Support

For questions or assistance with SMS messages, contact us at info@xwms.nl or call 0631205380.

Article 31. Miscellaneous

These Legal Terms, together with any policies or operating rules posted by us on or in connection with the Services, constitute the entire agreement and understanding between you and us.

Failure by us to enforce any provision of these Legal Terms shall not be construed as a waiver of such provision. These Legal Terms apply to the fullest extent permitted by law.

We may assign or transfer our rights and obligations under these Legal Terms at any time without prior notice.

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to force majeure events such as natural disasters, power outages, internet failures, or regulatory changes.

If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be severed without affecting the validity of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms shall not be construed against us by virtue of having drafted them.

You waive any defense based on the electronic nature of these Legal Terms and the absence of physical signatures.

Article 32. Data Management And Security

The primary company (XWMS) is responsible for the secure handling, processing, and storage of all data collected through the Services, including any sub-applications. All data processing is conducted in accordance with the General Data Protection Regulation (GDPR) and applicable Dutch and EU data protection laws.

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, accidental loss, destruction, or alteration.

For more details, please refer to our Privacy Policy.

Article 33. Third-party Integration Liability

The Services may integrate with third-party tools or platforms (e.g., payment processors, CRM systems, APIs).

We are not liable for any damage, service disruption, data breach, or other issues arising from the performance, failure, or conduct of these third-party services. Use of third-party integrations is at your own risk and subject to their respective terms and privacy policies.

Article 34. Service Availability And Downtime

We strive to provide uninterrupted access to the Services and sub-applications, but we do not guarantee continuous availability.

Scheduled maintenance, updates, technical issues, or force majeure events may cause temporary interruptions. Where feasible, users will be notified in advance of planned downtime.

We shall not be liable for any loss or inconvenience resulting from service interruptions.

Article 35. Limitation Of Liability For Invoicing Errors

The invoicing features within the sub-application are provided as a convenience. While we aim for accuracy, we do not guarantee the correctness of invoice outputs.

We are not liable for any errors, including but not limited to:

• Incorrect amounts
• Misapplied taxes or fees
• Missed payment deadlines
• Currency or exchange rate discrepancies

You are solely responsible for verifying all invoices before sending or processing them.

Article 36. Termination Of Service

We reserve the right to suspend or terminate access to the Services or any sub-application at our sole discretion, without prior notice, including (but not limited to) cases of:

• Violation of these Legal Terms
• Misuse of the platform
• Legal or regulatory requirements

Where possible, we will provide a reasonable opportunity to export your data prior to termination. Upon termination, your access and stored data may be permanently deleted.

Article 37. Contact Us

To resolve any complaint regarding the Services or to request further information, you may contact us at:

xwms
📧 Email: info@xwms.nl

📞 Phone: 0631205380

🌐 Website: https://xwms.nl