Terms of Service

These Terms are an agreement between you and DutchBSD B.V. ("we", "us"), Neuweg 2F, 1211 LW Hilversum, the Netherlands, KVK 76249956, VAT NL860561124B01. Contact: support@dutchbsd.com.

1. Scope and agreement

DutchBSD Workspace is a set of online products that includes MakeSite and any other Workspace product that refers to these Terms. Your agreement consists of these Terms, the product and order information shown before purchase, the Acceptable Use Policy, and the Data Processing Addendum where it applies. Product-specific terms and the accepted order take priority over these general Terms; the DPA takes priority for processing Customer Personal Data.

You agree when the service asks you to accept the current Terms and Acceptable Use Policy. If you act for an organisation, you confirm that you are authorised to bind it. You must be at least 18 to open a paid consumer account.

2. Accounts and workspaces

• Provide accurate account and billing details and keep them current.
• Protect passwords, recovery codes and authentication devices, and tell us promptly about suspected compromise.
• A workspace owner controls membership, permissions, billing and workspace content.
• You are responsible for invited users and activity under your account, except to the extent caused by DutchBSD B.V.

3. Service and changes

We provide the features and limits described for your current product or order. We may improve, replace or discontinue features. We will give reasonable advance notice when a change materially reduces a paid service, unless urgent legal, security or technical action makes advance notice impractical.

No general contractual uptime guarantee applies unless the applicable product or order expressly incorporates one. The current service-level page explains this status and any operational targets without creating service credits or automatic compensation.

4. Customer Content

"Customer Content" means text, images, code, files, data, domains and other material that you submit, create, store or publish through the service. You keep your rights. You give DutchBSD B.V. a non-exclusive worldwide licence to host, copy, process, technically adapt, back up, transmit and display Customer Content only as needed to provide, secure, troubleshoot and support the service, comply with law and follow your instructions.

You are responsible for Customer Content and for ensuring that you have the necessary rights and lawful basis; that your use follows the law and the Acceptable Use Policy; and that your own site displays the privacy, cookie, company, consumer and other information it needs. DutchBSD B.V. does not become the author, seller, employer or adviser shown on a customer site merely by providing the service.

5. Acceptable use and moderation

You must follow the Acceptable Use Policy. We may investigate suspected abuse using reports, provider notices, security signals and human review. Where proportionate, we may request correction, restrict publication or a feature, remove specific content, suspend an account or terminate the agreement. We may act without advance notice in an emergency, to protect people or systems, to comply with law, or where notice would defeat the action.

Where required, we will explain a restriction, the relevant rule or legal basis, its scope, whether automation materially contributed, and available redress. Report illegal content to abuse@dutchbsd.com; appeal a DutchBSD B.V. moderation decision at dsa@dutchbsd.com.

6. Prices, payment and renewal

Prices, taxes, billing periods, included features and limits are shown before purchase and recorded with the order. Paid plans renew for the period shown at checkout until cancelled. You authorise DutchBSD B.V. and its payment provider to charge the selected payment method.

If an initial payment fails, the paid service is not activated. After a renewal failure, paid mutations and publication may be restricted immediately. We may suspend the paid service after 72 hours and close the subscription after 14 days, subject to mandatory law and required notice. We may change a renewal price with at least 30 days' notice; you may cancel before the new price takes effect.

7. Cancellation and consumer withdrawal

You may schedule end-of-period cancellation through Workspace Billing. We confirm the effective date electronically. Account deletion and subscription cancellation are separate actions.

If you are a consumer, you normally have 14 days after an online order to withdraw without giving a reason. Send an unequivocal statement to withdrawal@dutchbsd.com and include the order or workspace reference. If you expressly asked us to start during that period, we may charge a proportionate amount for service already supplied where the law permits. This statutory right is separate from ordinary cancellation. Mandatory consumer rights always apply.

8. Intellectual property

DutchBSD B.V. and its licensors own the service, software, templates, documentation and branding, excluding Customer Content and open-source components. We give you a limited, non-exclusive and non-transferable right to use the service during the agreement. You may not resell, rent, copy, reverse engineer or bypass service limits except where mandatory law or an open-source licence permits it.

9. Confidentiality and data protection

Each party will protect the other's non-public information and use it only for the agreement. This does not cover information lawfully public, already known, independently developed or lawfully received elsewhere. The Privacy Notice explains DutchBSD B.V.'s controller processing. The DPA applies when DutchBSD B.V. processes Customer Personal Data for a business customer.

10. Suspension, termination, export and deletion

Either party may terminate for a material breach that is not remedied within a reasonable period after notice. DutchBSD B.V. may suspend or terminate immediately for serious or repeated abuse, a security emergency, fraud, legal necessity or a material risk to people or the service.

After termination becomes effective, Customer Content is available for export for 30 days unless legal or security restrictions prevent access. Active copies are then scheduled for deletion or irreversible anonymisation during the following 30 days, subject to legal holds and mandatory retention. Backup copies expire through the rolling backup cycle. Until automated lifecycle enforcement is deployed, DutchBSD B.V. operates this timetable through a manual termination register and provider-specific cleanup procedure.

11. Liability

Nothing excludes liability that cannot legally be excluded, including mandatory consumer rights or liability for intent or deliberate recklessness by DutchBSD B.V. management. For consumers, Dutch law and the mandatory law of the consumer's residence determine available rights and remedies.

For business customers, DutchBSD B.V. is liable only for direct loss caused by an attributable failure. Total liability in any 12-month period is limited to the fees paid or payable for the affected service in that period. DutchBSD B.V. is not liable for indirect loss, lost profit, lost revenue, lost savings, lost opportunity or reputational harm, except where that exclusion is not permitted. Reasonable direct restoration costs caused by an attributable DutchBSD B.V. failure remain within the same cap.

12. Events outside reasonable control

Neither party is responsible for delay or failure caused by events outside reasonable control, such as a major network failure, natural disaster, war, government action or widespread provider outage. This does not excuse payment already due or duties that cannot lawfully be excluded.

13. Changes to the agreement

We may change the agreement for legal, security, technical or product reasons. We publish each version and effective date. We give at least 30 days' notice of a material adverse change to a paid service unless urgent action is needed. Where fresh agreement is legally required, the service will request it.

14. Complaints, law and court

Contact support@dutchbsd.com first so we can try to resolve a complaint. Dutch law applies. Business disputes are submitted to the competent court in the District Court of Midden-Nederland unless mandatory law requires otherwise. Consumers may use the courts available under mandatory consumer law.

15. General

If a clause is invalid, the remainder stays in force and the clause is adjusted only as far as needed. Delay in enforcing a right is not a waiver. You may not transfer the agreement without our consent except as part of a genuine business transfer. DutchBSD B.V. may transfer it as part of a merger, restructuring or sale if mandatory consumer rights are preserved.