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User - Terms and Conditions

Terms and Conditions for accessing and using SoftwareMatching.io website and software

Article 1 Acceptance of Terms

By accessing and using the SoftwareMatching.io online platform ("Platform"), you agree to be bound by these terms and conditions ("Terms"). If you do not agree with these Terms, please refrain from using the Platform.

Article 2 Description of Services

Our Platform facilitates the matching of software providers and/or implementation partners ("Partners") with potential clients ("Clients"). The Platform conducts an online intake process to perform a requirements analysis using the MoSCoW method. The analysis is then used to assess the compatibility of Partners' software with the identified requirements, resulting in a score. The top 20 matches are displayed anonymously to the Client.

Article 3 User Responsibilities

a. Clients and Partners must provide accurate and truthful information during the intake process.

b. Partners must ensure that their software information is up-to-date and accurate.

c. Clients are responsible for their interactions and decisions related to Partner selection and communication.

Article 4 Software Product Information

a. The functional capabilities of standard software products and addons imported and offered to partners are based on information obtained from the respective suppliers.

b. We make every effort to maintain this information as up-to-date as possible, but we rely on the data provided by suppliers and their updates. Therefore, despite our best efforts, we cannot guarantee the accuracy of the information and cannot be held responsible for any inaccuracies.

c. Partners and Vendors are encouraged to verify the accuracy of software product information and inform SoftwareMatching.io immediately when inaccuracies are discovered.

Article 5 Confidentiality and Anonymity

a. Client information provided during the intake process is kept confidential and used only for matching purposes.

b. Client and Partner information is anonymized when initially displayed to Clients and Partners. The full data without anonymization will not be exchanged until mutual acceptance of engagement by Client and Partner.

c. All data is handled complying with EU/EEA and local laws and regulations (e.g. GDPR, etc.)

Article 6 Matching and Recommendations

a. The matching algorithm provides recommendations based on the analysis of requirements and software capabilities.

b. The displayed recommendations are not a guarantee of successful partnership or project outcomes.

Article 7 Communication and Engagement

a. Clients can choose to engage with a minimum of 2 and a maximum of 5 recommended Partners.

b. Partners can accept or decline engagement requests from Clients.

c. Partners are responsible for communication with Clients and scheduling appointments.

Article 8 Liability

a. The Platform is a facilitator and does not guarantee the suitability, performance, or outcomes of any engagement between Clients and Partners.

b. The Platform shall not be liable for any losses, damages, or disputes arising from engagements between Clients and Partners.

Article 9 Intellectual Property

a. All content, materials, designs, logos, trademarks, and other intellectual property displayed on the Platform ("Platform IP") are the exclusive property of SoftwareMatching.io BV and companies within the same holding as SoftwareMatching.io BV except when Article 9, Section E applies of this Terms and Conditions.

b. Users are prohibited from reproducing, distributing, modifying, or otherwise using the Platform IP without explicit written consent from SoftwareMatching.io BV.

c. Content provided by Clients and Partners remains their intellectual property, but grant SoftwareMatching.io the right to use it in case this is (commercially) needed to operate the platform.

d. The Platform retains the right to use anonymized data for analysis and improvement purposes.

e. Any unauthorized use of the Platform IP or users' content may result in legal action.

Article 10 Termination

The Platform reserves the right to terminate or suspend access to the Platform at its discretion.

Article 11 Modifications

The Platform may update or modify these Terms without prior notice.

Article 12 Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of The Netherlands, without regard to its conflict of laws principles.

Article 13 Disclaimer Regarding Translations

This document is originally written in English. Any translated versions of this document are provided solely for informational purposes. While efforts have been made to ensure accurate translations, linguistic and cultural differences may result in inaccuracies. Translations are not legally binding and do not carry any legal weight. No rights can be derived from any translated version of this document. In the event of a discrepancy between the original English document and any translated version, the original English document shall take

precedence. The use of translated versions is at your own risk, and we are not liable for any damages or losses arising from the use of translated documents. For accurate and legally valid information, always refer to the original English version of the document.

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