Lees dit in het Nederlands

Terms and conditions

This is an English translation of the legally binding Dutch version.

1. Who we are

By using these sides UP's exhibition tracker (referred to below as "the exhibition tracker"), made and operated by:

you agree to these terms. Wherever these terms refer to "the exhibition tracker" below, this means the online service described above, whatever name or domain it may be offered under.

In these terms, "we," "us," and "our" mean these sides UP, the party that offers and operates the exhibition tracker. "You" means the person or organisation using the exhibition tracker.

By using the exhibition tracker — whether as an individual or on behalf of an organisation — you automatically agree to these terms, whether or not you've read them. If you're using the exhibition tracker on behalf of an organisation, you're confirming you have the authority to accept these terms for that organisation, and the organisation itself is bound by them too.

2. What the exhibition tracker is

The exhibition tracker is a hosted tool for registering and managing exhibition projects: loans, shipments, condition reports, contracts, and the documents that go with them (designs, plans, photographs, drawings, and similar files).

The exhibition tracker is an application, not a backup or archive service. See section 5 for what this means.

3. Your account

You need an account to use the exhibition tracker. You're responsible for keeping your login details safe and for anything that happens under your account. If you think your account has been compromised, tell us right away.

If you're part of an organisation using the exhibition tracker, an administrator on your team may control which users have access and what they can do.

4. Your files and your data

You own your files. Anything you upload — designs, plans, agreements, contracts, digital artworks, photographs, drawings, or any other file — stays yours. We don't claim any ownership over it.

We are a custodian, not a publisher. We store your files so the exhibition tracker can show them back to you and the people you've given access to. We don't publish, distribute, or share your files with anyone else — publicly or privately — without your prior agreement. The only exception is if we're legally required to (for example, by a court order); if that ever happens and we're allowed to tell you, we will.

Your documents are confidential. Contracts, agreements, and other business-sensitive files you upload are treated as your confidential information. We don't use them, read them, or share them except to run the service for you.

We only use your data to run the exhibition tracker. Your files and data are used exclusively to help you register and manage exhibition projects. We don't sell your data, use it for marketing, or use it to train any AI or machine-learning model.

Your data stays in the Netherlands. We store everything exclusively on a server located in the Netherlands. We don't move your data outside the Netherlands.

5. The exhibition tracker does not provide backups

Being a custodian (section 4) and not providing backups are two different things. Custodian means how we treat the files you actively store with us: we keep them confidential and never publish or share them without your agreement. It does not mean we guarantee to hold onto them forever, or that we protect you against every possible way a file could be lost — that's what a backup or archive service does, and the exhibition tracker is not one.

The exhibition tracker is a project management tool — not a backup or archiving service. We take reasonable care of your data, but you are responsible for keeping your own backups and archives of anything important that you upload to or store in the exhibition tracker. If you lose a file because you didn't keep your own copy, we aren't liable for that loss.

6. Getting your data, or deleting it

You can ask for a copy of your data. On request, we'll give you a full export of your (or your organisation's) own registrations and projects.

You can ask us to delete everything. On request, we'll completely and permanently delete all of your (or your organisation's) data from our servers.

We'll handle both of these within a reasonable time — usually within 30 days of your request.

7. Using the exhibition tracker responsibly

When using the exhibition tracker, please don't:

We may suspend or close an account that seriously or repeatedly breaks these rules.

8. Fees and payment

The exhibition tracker may be offered for free or as a paid service, depending on the arrangement we have with you or your organisation. Where fees apply, they're agreed and invoiced separately — this document doesn't set out a fixed price list.

If an invoice isn't paid on time, we may suspend access to your account until it's settled. We'll always try to give you fair notice before doing that.

Free use. If you're using the exhibition tracker without paying anything for it, the exhibition tracker is provided "as is," with no warranties, and you use it entirely at your own risk. Our total liability for any damage arising from your use of the exhibition tracker while you're not paying for it is capped at €0. The data storage and breach-related commitments described elsewhere in these terms still apply — we still won't publish your files, and we still follow the breach procedure — but no liability for damages is attached to them while you're using the exhibition tracker for free. The one thing the law never lets us disclaim, paid or free, is our own intentional wrongdoing or gross negligence — see the note at the end of section 10.

9. Keeping the exhibition tracker running

We do our best to keep the exhibition tracker available and working well. We don't promise 100% uptime unless we've separately agreed to a specific service level with you. We'll try to give notice before planned maintenance that might affect access.

10. Our responsibility, and its limits

We're responsible for taking reasonable care of your data — including the promises in sections 4, 5, and 6 above, which we treat as core commitments, not things we can simply disclaim.

Beyond that, to the extent allowed by law, we aren't liable for indirect losses (like lost profits or lost business opportunities) arising from your use of the exhibition tracker. Our total liability for any claim — including any damage cost — is limited to the total amount you've paid us for the service in the 2 years before the event that caused the claim. If you haven't paid anything, see "Free use" in section 8 — our liability there is capped at €0.

Data breaches. No system is ever completely risk-free, despite the reasonable security measures we take (see our Privacy Policy). If a data breach happens, we'll follow the procedure described there — including containing it, assessing it, and notifying you as soon as possible. If a breach causes you damage despite our reasonable security measures, our liability for that damage is limited in the same way as described above, unless the breach was caused by our own intentional wrongdoing or gross negligence — in which case that limit doesn't apply.

Nothing in this section limits liability where the law doesn't allow it to be limited (for example, in cases of intentional wrongdoing or gross negligence on our part).

11. Ending the relationship

You can stop using the exhibition tracker at any time. We may also end or suspend your access if you seriously breach these terms, after giving you reasonable notice where practical.

When the relationship ends, section 6 (export and deletion) still applies — you can still ask for a copy of your data or ask us to delete it.

12. Changes to these terms

We may update these terms from time to time — for example, if the service changes or the law requires it. If we make a meaningful change, we'll let you know. Continuing to use the exhibition tracker after a change means you accept the updated terms.

13. Governing law

Dutch law applies to these terms. Any dispute that can't be resolved directly will be submitted to the competent court in the Netherlands.

14. Contact us

Questions about these terms? Reach us at info@thesesidesup.nl.