Version: 17 April 2025
Article 1 – Definitions
In these General Terms and Conditions, the following terms shall have the meanings assigned to them below:
- Broadcast Utilities: The company, located in the Netherlands, engaged in software development and related services for radio stations.
- Customer: Any legal entity or natural person, either business or private individual, utilizing services or products provided by Broadcast Utilities.
- Software: Software products for which Broadcast Utilities grants usage licenses.
- License: A usage right granted by Broadcast Utilities for the software, allowing the customer to use the software solely in accordance with the license conditions.
Article 2 – Applicability
2.1 These General Terms and Conditions apply to all agreements between Broadcast Utilities and its customers.
2.2 Deviations and/or additions are only binding if agreed upon explicitly in writing.
Article 3 – Conclusion of Agreement
3.1 All offers and quotations by Broadcast Utilities are non-binding unless explicitly stated otherwise.
3.2 An agreement is concluded only after written or electronic acceptance by the customer of an offer made by Broadcast Utilities.
Article 4 – License Conditions and Usage
4.1 Broadcast Utilities exclusively grants usage licenses. The customer does not acquire ownership or intellectual property rights over the software.
4.2 Licenses are provided either as subscriptions (temporary licenses) or as perpetual licenses (unlimited duration).
4.3 The customer must use the software solely in accordance with the agreed terms and shall not copy, modify, distribute, or publicly disclose the software without prior written consent from Broadcast Utilities.
4.4 The software may not be used for propaganda, warfare, terrorism, or other purposes in violation of international law, human rights, or ethical norms.
Article 5 – Digital Delivery and Right of Withdrawal
5.1 Products are delivered digitally, unless otherwise agreed upon.
5.2 Due to the digital nature of the delivery, the statutory right of withdrawal is void immediately upon delivery, provided the customer has explicitly agreed to this beforehand.
Article 6 – Updates and Support
6.1 Updates are provided as long as the customer holds a valid subscription license.
6.2 For perpetual licenses, software updates are included for two years following purchase. After this period, the customer must obtain a support or update contract to continue receiving updates.
6.3 Broadcast Utilities provides technical support as agreed. Extensive support requires an active support contract. Without such a contract, support is limited to essential technical assistance only.
Article 7 – Prices, Payments, and Renewals
7.1 All prices exclude VAT and any other statutory charges.
7.2 Payments must be completed prior to product delivery via the Payment Service Provider (Freemius) used by Broadcast Utilities unless agreed otherwise.
7.3 Subscriptions are automatically renewed for the same duration unless the customer provides written cancellation at least one month prior to the subscription expiry date.
7.4 Broadcast Utilities informs the customer about the automatic renewal no later than one and a half months before renewal.
Article 8 – Third Parties
8.1 Broadcast Utilities utilizes third parties, including Freemius, for license management, payment processing, and administrative services.
8.2 Broadcast Utilities retains ultimate responsibility for services performed by third parties. Liability for failures or shortcomings by third parties is excluded insofar as permitted by law.
Article 9 – Liability and Warranties
9.1 Broadcast Utilities excludes liability for any direct or indirect damages, including consequential loss or business interruption, unless such damage results from gross negligence or intent by Broadcast Utilities.
9.2 If liability is established, it shall be limited to the total amount paid by the customer to Broadcast Utilities in the twelve months preceding the incident.
Article 10 – Intellectual Property Rights
10.1 All intellectual property rights to the software remain the exclusive property of Broadcast Utilities.
10.2 The customer acknowledges these rights and agrees not to infringe, nor permit third parties to infringe, upon these rights.
Article 11 – Privacy and Data Protection
11.1 Broadcast Utilities processes personal data in compliance with the General Data Protection Regulation (GDPR).
11.2 Customers can review the privacy policy of Broadcast Utilities through the company’s website.
Article 12 – Applicable Law and Competent Court
12.1 All agreements are exclusively governed by Dutch law.
12.2 Any disputes arising from or related to agreements governed by these conditions shall be exclusively resolved by the competent court in The Hague, Netherlands.