UBLION’s EULA

UBLION END-USER AGREEMENT

This end-user agreement (hereinafter referred to as “this Agreement”) is a legally binding agreement between you, either a natural or a legal person, hereinafter referred to as “You” and UBLION, governing the use of the UBLION Online Portal, API’s and the provision of the services identified in this Agreement.

UBLION reserves the right to unilaterally amend, in whole or in part, the terms of this Agreement without prior notice. Any amendments to this Agreement shall take effect immediately, unless stated otherwise in the Agreement.

By using the websites, API’s and services identified in this Agreement starting from the moment when you confirmed your acceptance of the terms of this Agreement You acknowledge that You have read and understood the terms of this Agreement and agree to be bound thereby.

1. DEFINITIONS

“UBLION” means

UBLION is registered at Edisonweg 23, 8071RC, Nunspeet, The Netherlands, with Chamber of Commerce number 66318874, VAT number, NL856492838B01 and IBAN NL96 KNAB 0257 4090 17, when paragraph 8.1 of this Agreement applies;

“UBLION Online Portal”  and “UBLION API’s”means any and all of the following:

“UBLION Online Website” means the collection of web pages and materials available at https://www.ublion.com/;

“UBLION API’s” means the collection of API’s and materials available at https://www.ublion.com/;

“UBLION Service” means the Invoice to e-Invoice conversion service provided to You by UBLION on the UBLION Online Website and / or the UBLION API’s,  enabling You to upload invoices, have the invoices transformed into e-Invoices, download the e-Invoices, and access the original invoice and e-Invoice;

“Registration” means Your completing the Registration Form and activating Your Login and Password (You may also be asked to confirm Your e-mail address) or signing up to the UBLION services, including the UBLION Online Portal and/or UBLION API’s.

“Registration Form” means the set of fields that You must complete in order to become a registered user of the UBLION Services, including the Online Portal and API’s. By completing the Registration Form You obtain a unique Login and Password.

“Login and Password” means two unique strings that You provide during Registration on the UBLION Online Portal or UBLION API’s, the Login being Your e-mail address. The combination of these two unique sets of characters identifies You and enables You to pay for products and services available on the UBLION Online Portal and / or UBLION API’s. The UBLION services are not accessible to unregistered users.

“Interface Languages” means the languages in which the most important texts of the UBLION Online Portal are available. You can select an Interface Language by clicking on the link that bears the abbreviated name of the desired language. The currently available Interface Languages are English, Dutch and French.

“Profile” means the operational settings of the UBLION Online Portal and / or UBLION API’s that become available to You upon Registration. Your Profile becomes accessible to You after You enter Your Login and Password. Your Profile can be accessed by clicking on the link bearing the name “Profile,” or its equivalent in the current Interface Language, on any page of the UBLION Online Portal.

“User Data” means any dictionary material, phrases, word combinations, sentences, collections of sentences, texts, documents, image files, messages, comments, and/or any other content uploaded by You and/or other users to the UBLION Online Portal or to the UBLION API’s.

2. SUBJECT MATTER

2.1.1. This Agreement sets forth the terms of use of the UBLION Online Portal, the UBLION API’s and the UBLION invoice to e-Invoice Converter service.

2.1.2. This Agreement becomes effective upon Your first use of the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice service or upon Your acceptance of the terms of this Agreement. This Agreement continues in effect until the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice Converter service is no longer available. If You disagree with the terms hereof, do not use the UBLION Online Portal, the UBLION API’s and the UBLION Invoice to e-Invoice Converter service.

3. OBLIGATIONS OF THE PARTIES

3.1. UBLION’s rights and obligations

3.1.1. UBLION shall grant You access to the UBLION Online Portal, API’s and the UBLION Invoice to e-Invoice Converter service.

3.1.2. UBLION reserves the right to change the services, websites or products available via the UBLION Online Portal, UBLION API’s and the UBLION Invoice to e-Invoice Converter service at any time without prior notice.

3.1.3. If UBLION has reasons to believe that You are taking steps or intend to take steps that are in breach of paragraphs 3.2, 3.3 or 3.4 of this Agreement; steps aimed at disrupting the operation of the UBLION Online Portal, the UBLION API’s and/or UBLION Invoice to e-Invoice Converter service; steps aimed at publishing information on the UBLION Online Portal, the UBLION API’s and/or UBLION Invoice to e-Invoice Converter service that is in breach of this Agreement and/or applicable laws or information that discredits UBLION’s reputation; steps that otherwise cause damage to UBLION or other users of the UBLION Online Portal, the UBLION API’s and/or UBLION Invoice to e-Invoice Converter service; or that You have asked other users to perform any of those steps, then COCON B.V. may, without giving any reasons, block Your access to the UBLION Online Portal, the UBLION API’s and/or UBLION Invoice to e-Invoice Converter service by blocking Your Login or IP address and perform any or all of the following: a) refuse to accept any of Your User Data that You may attempt to upload to the UBLION Online Portal, the UBLION API’s and/or UBLION Invoice to e-Invoice Converter service, (b) block access to Your User Data, and (c) delete any of Your User Data at any time.

3.1.4. UBLION may interrupt or permanently terminate the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice Converter service at any time without prior notice. Such interruption or termination may be caused by maintenance work, by circumstances beyond the reasonable control of UBLION, by crashes of software or hardware owned by third parties, or by actions of third parties aimed at interrupting or terminating the operation of the UBLION Online Portal, the UBLION API’s and / or the UBLION Invoice tot e-Invoice Converter service.

3.1.5. Upon Your Registration with the UBLION Online Portal and / or UBLION API’s, UBLION may send You e-mail messages with news about UBLION and UBLION products and services, special offers, tips on using UBLION products, and other information related to UBLION’s activities, provided that You explicitly agreed to receive such e-mail messages from UBLION during Registration. You may remove Your e-mail address from UBLION’s mailing list at any time by changing the corresponding setting in Your Profile.

3.1.6. UBLION may restrict the use of the UBLION Online Portal, the UBLION API’s or the UBLION Invoice tot e-Invoice Converter service, including the allowed period of use and allowed uses of the data available thereon.

3.1.7. UBLION may publish on the web pages of the UBLION Online Portal or the UBLION Invoice tot e-Invoice Converter service advertisements and any other content permitted by applicable laws.

3.2. Your rights and obligations

3.2.1. You may use the UBLION Online Portal, the UBLION API’s and the UBLION Invoice tot e-Invoice Converter service under the terms of this Agreement.

3.2.2. You may register with the UBLION Online Portal and / or UBLION API’s by completing the Registration Form and activating Your Login and Password in order to be able to pay for products and services available via the UBLION Online Portal and to be able to access the features that become available after You sign in to the UBLION Online Portal and / or UBLION API’s using Your Login and Password. You agree to provide accurate information about Yourself in the fields of the Registration Form.

3.2.3. After Registration, You may sign in to the UBLION Online Portal and / or API’s using Your Login and Password. You shall be solely responsible for the safekeeping of Your Password and for any actions performed under Your Login. You shall immediately inform UBLION of any instances of unauthorized access to the UBLION Online Portal under Your Login and Password and/or of any other security breach that comes to Your notice.

3.2.4. You warrant that You have all the necessary rights to transfer or upload User Data to the UBLION Online Portal, the UBLION API’s or to the UBLION Invoice tot e-Invoice Converter service, and that Your doing so does not breach any applicable laws and/or rights of a third party. You shall be fully liable for any such transfers and uploads and for any damage that may be caused by such transfers and uploads.

3.2.5. You agree to be responsible for all of Your User Data, either made publicly available or transferred privately to another user.

3.2.6. If You discover on the UBLION Online Portal and / or UBLION API’s any information that violates applicable laws or Your rights, information that You find offensive, information that discredits You or Your business reputation or is otherwise damaging to You, You may notify UBLION about such information by writing to this e-mail address: support@UBLION.com. UBLION will deal with this notification in accordance with the procedure set forth in paragraph 9.8 of this Agreement.

3.2.7. You may use the UBLION Online Portal, the UBLION API’s, the UBLION Invoice tot e-Invoice Converter service, and results obtained through their use solely for lawful purposes. You may not, by yourself or through cooperation with others:

  • copy any of the design elements of the UBLION Online Portal, UBLION API’s and UBLION Invoice tot e-Invoice Converter service or copy any other materials that may not be copied under the terms of this Agreement without the prior written consent of UBLION;
  • upload, or publish in any other way, any materials which are illegal, harmful, threatening, offensive, or libellous; which infringe the copyright of a third party; which incite hatred and/or discrimination based on race, ethnicity, gender, or social status; which contain pornography; which violate the rights of a third party or incite others to violate the rights of a third party; which defame any persons or discredit their business reputation; which violate the rights of minors and/or are damaging to minors in any way; and any other similar materials;
  • impersonate another person or a representative of an organization, including UBLION employees and forum moderators, or make misleading statements about the properties and characteristics of any subjects or objects;
  • upload, or publish in any other way, materials which You are not allowed to make public by applicable laws or which violate applicable laws;
  • upload viruses or any other harmful data which may in any way disrupt the operation of the UBLION Online Portal, the UBLION API’s or the UBLION Invoice tot e-Invoice Converter service;
  • collect information and/or interact with the UBLION Online Portal, the UBLION API’s or the UBLION Invoice tot e-Invoice Converter service by means of automated scripts or software;
  • use other users’ Logins to sign in to the UBLION Online Portal and / or UBLION API’s;
  • collect and store personal data of other users of the UBLION Online Portal, the UBLION API’s or the UBLION Invoice tot e-Invoice Converter service;
  • disrupt the normal operation of the UBLION Online Portal, UBLION API’s or the UBLION Invoice tot e-Invoice Converter service;
  • register with the UBLION Online Portal and / or UBLION API’s under multiple Logins.

3.2.8. You may terminate Your relations with UBLION at any time by ceasing Your use of the UBLION Online Portal, the UBLION API’s and the UBLION Invoice tot e-Invoice Converter service.

3.2.9. You may deactivate Your Login and Password by clicking on the “Deactivate” button on the Profile page, which is accessible by clicking on the “Profile” link on the UBLION Online Portal. Your Login and Password can only be deactivated if all due payments have been made. If You choose to deactivate Your Login and Password, UBLION shall not refund You the price of any unused services that You may have purchased. You may restore Your deactivated Login and Password by sending a request to restore Your deactivated Login and Password to this e-mail address: support@UBLION.com.

3.2.10. You assume full responsibility and all risks arising from Your use of the UBLION Online Portal, UBLION API’s and the UBLION Invoice tot e-Invoice Converter service.

3.3. The use of the UBLION Online Portal and UBLION API’s

3.3.1. The use of the UBLION Online Service, the Online API’s and the UBLION Online Website

3.3.1.1. You may not use, or allow others to use, the UBLION Online Website, the UBLION online API’s or the UBLION Online Service to provide invoice to e-Invoice conversion services to third parties, either free of charge or for a fee. You may not provide, or allow others to provide, the results, or access to the results, obtained through the use of the UBLION Online Website, the UBLION online API’s or the UBLION Online Service to third parties as part of another service.

3.3.1.2. You agree that UBLION may restrict the use of the UBLION Online Website, the UBLION API’s and the UBLION Online Service, including the data storage period and the maximum number of pages that You can process upon Registration.

4. PRICES AND PAYMENT

4.1. Some of the services available via the UBLION Online Service are provided for a fee. The information about the prices and the payment procedure is an integral part of this Agreement and is available at https://www.ublion.com/ in all of the Interface Languages.

4.2. UBLION may change the prices and the payment procedure at any time.

LIMITED LIABILITY

5.1. UBLION shall not provide You with an Internet connection or with any hardware and software required to connect to the Internet, and UBLION shall not be liable for the quality of Your Internet connection or the quality of the hardware and software that You use to access the Internet. UBLION shall not be liable for any malfunction or other problems in telephone networks or services, computer systems, servers, providers, computer hardware, software, or telecoms equipment, or for any malfunction in the operation of e-mail services and scripts, howsoever caused.

5.2. You acknowledge that Your information will be transmitted over an insecure public computer network and that UBLION shall not be liable for any loss of information transmitted in this manner.

5.3. UBLION shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any of Your data.

5.4. UBLION does not warrant that:

  • the UBLION Online Portal, the UBLION Online API’s, and the UBLION Invoice to e-Invoice Converter service meet Your requirements or are fit for any particular purpose;
  • the materials available on the UBLION Online Portal and/or the results obtained through the use of the UBLION Online Portal and the UBLION Invoice to e-Invoice Converter service are accurate, complete or useful;
  • the operation of the UBLION Online Portal, the UBLION API’s and the UBLION Invoice to e-Invoice Converter service and the provision of services via the UBLION Online Portal, the UBLION API’s and the UBLION Invoice to e-Invoice Converter service will be continuous or uninterrupted or free from error;
  • any data obtained through the use of the UBLION Online Portal, the UBLION API’s, and the UBLION Invoice to e-Invoice Converter service, or any information, materials or answers published on the UBLION Online Portal, or any hyperlinks will always be available on the UBLION Online Portal and the UBLION Invoice to e-Invoice Converter service;
  • the quality of any product, service, work or data obtained through the use of the UBLION Online Portal, the UBLION API’s, and the UBLION Invoice to e-Invoice Converter service will meet Your expectations;
  • all errors on the UBLION Online Portal, the UBLION API’s, and the UBLION Invoice to e-Invoice Converter service will be corrected.

5.5. The UBLION Online Portal, the UBLION API’s, and the UBLION Invoice to e-Invoice Converter service, and all the information therein are provided to You “as is,” with any errors or omissions. All links to third-party products, works or services are provided for information purposes and shall not be taken to imply that UBLION endorses or recommends such products, works or services.

5.6. Under no circumstances shall UBLION be liable for any damages suffered by You as a result of use or inability to use the UBLION Online Portal, the UBLION API’s, or the UBLION Invoice to e-Invoice Converter service, or caused by errors, interruption of service, removal of files, change in functionality, defects, delays in data transfer and the like, howsoever caused.

5.7. UBLION is under no obligation to review materials or information that users may publish on the UBLION Online Portal, the UBLION API’s, or the UBLION Invoice to e-Invoice Converter service, send by e-mail or transmit in any other way in the course of using the UBLION Online Portal, the UBLION API’s, or the UBLION Invoice to e-Invoice Converter service. UBLION does not warrant that such materials or information are accurate, true, complete, timely, and of good quality, or that they will meet Your needs and requirements. UBLION assumes no responsibility for such materials or information.

5.8. UBLION assumes no responsibility for any User Data published by You and/or other users on the UBLION Online Portal, the UBLION API’s, and UBLION Invoice to e-Invoice Converter service. UBLION assumes no obligation to maintain the confidentiality of User Data.

5.9. UBLION’s liability shall in any event be limited to one thousand (1,000) Euros. Under no circumstances shall UBLION be liable for any actions by users of the UBLION Online Portal, the UBLION API’s, and the UBLION Invoice to e-Invoice Converter service.

COPYRIGHTS AND TRADEMARKS

6.1. All product names are the trademarks or registered trademarks of their respective owners.

6.2. All UBLION trademarks are the intellectual property of UBLION and are provided only for reference. UBLION does not grant You any rights to use these trademarks.

6.3. All the third-party trademarks referred to in this Agreement are the intellectual property of their respective owners.

LINKS TO THIRD-PARTY WEBSITES

7.1. For Your convenience, the UBLION Online Portal, UBLION API’s and the UBLION Invoice to e-Invoice Converter service may provide hyperlinks to third-party websites owned and maintained by legal and/or natural persons. UBLION does not provide a warranty of any kind in respect of any website available by clicking on its respective hyperlink on the UBLION Online Portal, UBLION API’s, or on the UBLION Invoice to e-Invoice Converter service. You understand and agree that UBLION is in no way responsible for the content of such third-party websites. UBLION does not make any recommendations as to the merits of such third-party websites nor advise You to make use of their content.

7.2. Any references to third-party products or services that may be published on the UBLION Online Portal, UBLION API’s, and on the UBLION Invoice to e-Invoice Converter service are provided only for Your convenience. Any mention of third-party products or services is for information purposes only. UBLION makes no recommendations as to the merit of such third-party products or services.

GOVERNING LAW

8.1 If You use the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice Converter service, this Agreement shall be governed by and construed in accordance with the substantial laws in force in Arnhem, the Netherlands, and the court of Arnhem, The Netherlands, shall have jurisdiction over all disputes relating to this Agreement.

8.2 this Agreement will not be governed by the conflict of laws rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

MISCELLANEOUS

9.1. You acknowledge that when You use the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice Converter service, all data about Your use of the UBLION Online Portal or the UBLION Invoice to e-Invoice Converter service are automatically logged on UBLION’s servers, including the times when You visit or leave the UBLION Online Portal or the UBLION Invoice to e-Invoice Converter service and the following data about Your system: the type of Your browser, Your IP address, the date and time of access, cookie files, and the addresses of the pages that You accessed as well as the history of your requests and orders.

9.2. You agree that the data specified in paragraph 9.1 above and the information You provide upon Registration or upon Your first use of the UBLION Invoice to e-Invoice Converter service may be used, collected, systematized, stored, updated, modified, distributed, transferred, depersonalized, blocked or destroyed under the terms of the Privacy Policy, which is an integral part of this Agreement and is available at https://www.UBLION.com.

9.3. You agree to provide UBLION with Your personal information, including Your first and last name; e-mail address; and/or other information which may be deemed personal under applicable laws. You acknowledge and agree that UBLION may use, collect, systematize, update, modify, depersonalize, block, destroy or indefinitely store Your personal information in a digital format or on a paper medium for the purposes of providing You with the services and sending You information or marketing materials by e-mail. Your consent to such use of Your personal information by UBLION is time-indefinite and may be revoked by sending a revocation to support@UBLION.com or by changing the corresponding setting in Your Profile on the UBLION Online Portal. In the event You revoke Your consent by using any of the above methods, the consent shall be deemed revoked within thirty (30) working days from the day of receipt of the revocation by UBLION.

9.4. UBLION may assign its rights and obligations hereunder to third parties without Your consent.

9.5. UBLION may terminate this Agreement unilaterally at any time, including if You are in breach of any of its terms.

9.6. You may contact UBLION by e-mail at support@UBLION.com. UBLION may contact You by e-mail at the address You provide when registering with the UBLION Online Portal or API’s.

9.7. In the event of lawsuits, claims or other proceedings arising out of Your use of the UBLION Online Portal, the APIs or the UBLION Invoice to e-Invoice Converter service, You shall notify UBLION of such claims or lawsuits within three (3) days from the day when You learned of such claims or lawsuits. Further, You shall make all reasonable effort to aid UBLION in defending itself against such lawsuits and/or claims and, within seven (7) days from request, provide UBLION with information that may be necessary to settle such claims and/or lawsuits.’

9.8. The following procedure shall be observed to resolve any dispute arising between You and UBLION out of the use of the UBLION Online Portal, the BLION API’s or the UBLION Invoice to e-Invoice Converter service. If You have reasons to believe that Your rights and interests have been violated in connection with the use of the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice Converter service, You shall send a complaint to UBLION at support@UBLION.com. UBLION shall respond to the complaint within twenty (20) working days of receipt of the complaint. The response shall be sent to Your e-mail address as indicated in the complaint. If the parties fail to resolve the dispute in this manner, the dispute shall be resolved as set forth in Section 8 of this Agreement. UBLION shall not respond to anonymous complaints or complaints from users who cannot be identified based on the information they provided during Registration.

9.9. You agree that if You are in breach of this Agreement, UBLION may terminate Your Login and Password and delete any User Data published by You on the UBLION Online Portal or UBLION Invoice to e-Invoice Converter service. Further, You agree that UBLION may terminate the provision of services via the UBLION Online Portal, the UBLION API’s or the UBLION Invoice to e-Invoice Converter service at any time without prior notice. In this event, UBLION shall refund You the price of any unused services that You may have purchased.

9.10. If any provision of this Agreement is found to be invalid by a court, this shall not affect the validity of the remaining provisions