Terms and conditions for the use of Revisely

The service “Revisely” is offered to you via the Internet as Software-as-a-Service by the company Revisely B.V.. Revisely B.V. is established as a company in the Netherlands with registration number 58839313, with its seat at Piet Avontuurstraat 76, 4818 TH Breda, The Netherlands. The use of Revisely is subject to the following terms and conditions. By using Revisely, you agree to these terms and conditions. Deviations from these terms and conditions are only binding if they have been accepted by Revisely B.V. in writing.

Article 1: Use of the Service

1.1          On Revisely, a teacher can create and set writing assignments to students. The student can hand in the document for the assignment. The teacher can grade and provide the handed in document with feedback. The student can view the marked-up document. Students can be asked to work in teams and hand in one document per team. Students can also be asked to grade each other’s work (peer grading).

1.2          Revisely may be used in combination with another system, such as an LMS.

1.3          In order to use Revisely, you must first register as a user. After your registration has been completed, Revisely B.V. will check whether your application has been approved. You will be notified of this.

1.4          You need to protect access to your account(s) from unauthorised persons by means of the username and password. In particular, you must keep the password strictly confidential. Revisely B.V. may assume that everything that happens from your account(s) after login with your username and password, happens under your direction and supervision. You are therefore liable for all such actions unless you have notified Revisely B.V. that someone else knows your password.

1.5          Revisely may process the personal data of employees and students of your educational organisation. You consent to all forms of processing that fall within the scope of the service. Please consult the privacy statement of Revisely B.V. for more information.

Article 2: Rules of Use

2.1          It is prohibited to use Revisely for actions that violate Dutch or other applicable laws and regulations. This includes storing or distributing information via the service that is libellous, defamatory, or racist.

2.2          If Revisely B.V. observes that you are in breach of the above conditions, or receives a complaint about this, it will warn you. If this does not lead to an acceptable solution, Revisely B.V. may take action to end the violation. In urgent or serious cases, Revisely B.V. may intervene without warning.

2.3          If, in the opinion of Revisely B.V., hindrance, damage or another danger arises to the functioning of the computer systems or network of Revisely B.V. or third parties and/or the provision of services via the Internet, in particular due to the excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, Revisely B.V. is authorised to take all measures which it reasonably considers necessary to avert or prevent this danger.

2.4          Revisely B.V. is at all times authorised to report any observed criminal offence. In addition, Revisely B.V. is entitled to hand over your name, address, IP address and other identifying data to a third party who complains that you are infringing its rights or these Terms and Conditions, provided the correctness of the complaint is sufficiently plausible, there is no other way to obtain these data and the third party has a clear interest in handing over the data.

2.5          Revisely B.V. can recover the damage caused by breaches of these rules of conduct from you. You indemnify Revisely B.V. against all claims by third parties relating to damage resulting from a breach of these rules of conduct.

Article 3: Availability and Maintenance

3.1          Revisely B.V. makes an effort to have the service available, but does not guarantee uninterrupted availability.

3.2          Revisely B.V. actively maintains Revisely. If maintenance is expected to lead to reduced availability, Revisely B.V. will carry this out when the use of the service is relatively low. Maintenance will be announced in advance if possible. Maintenance in connection with emergencies can take place at any time and will not be announced in advance.

3.3          Revisely B.V. may amend the functionality of Revisely from time to time. Your feedback and suggestions are welcome, but ultimately Revisely B.V. will decide which adjustments it will or will not make. Revisely B.V. will give at least thirty days’ notice of the changes it intends to make in case they affect existing functionalities.

Article 4: Intellectual Property

4.1          The Revisely service, the associated software and all information and images on the website are the intellectual property of Revisely B.V.. These may not be copied or used in any way without separate written permission from Revisely B.V..

4.2          Information that you store or process via the service is and remains your property (or that of your suppliers). Revisely B.V. has a limited right of use to use this information for the service, including for future aspects of the service. You may withdraw this right of use by deleting the information in question and/or terminating the agreement.

4.3          If you send information to Revisely B.V., for example feedback on an error or a suggestion for improvement, you grant Revisely B.V. an unlimited and perpetual right to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4          Revisely B.V. will not examine the data you store and/or disseminate via Revisely, unless this is necessary for proper service provision or Revisely B.V. is obliged to do so pursuant to a statutory provision or court order. In that case, Revisely B.V. will make an effort to limit access to the data as much as possible, as far as this lies within its power.

Article 5: Remuneration for the service

5.1          The use of Revisely is subject to a fee for the use of certain functionalities. You will be informed of the costs for the relevant functionalities. The fee is due per year and in advance.

5.2          Payments can be made by direct debit, by transferring the amount to Revisely B.V.’s bank account, or in accordance with the payment instructions on the website.

5.3          Since the service is provided directly, and at your express request, it is not possible to cancel a payment by invoking the Distance Selling Act.

Article 6: Liability

6.1          Except in the case of intent or gross negligence, Revisely B.V.’s liability is limited to the amount you paid in the three months preceding the moment of the damaging event.

6.2          Revisely B.V. is expressly not liable for indirect damage, consequential damage, loss of profit, missed savings and damage due to business interruption.

6.3          A condition for the existence of any right to compensation is that you report the damage in writing to Revisely B.V. within two months of its discovery.

6.4          In event of force majeure, Revisely B.V. shall never be obliged to compensate you for any resulting loss. Force majeure shall include disruptions or malfunctioning of the Internet, the telecommunications infrastructure, power failures, civil unrest, mobilisation, war, transport bottlenecks, strikes, lockouts, business interruptions, supply bottlenecks, fire, and flooding.

Article 7: Duration and termination

7.1          This Agreement shall commence upon your first use of the Service and shall continue for a period of one year, unless another period is agreed in writing.

7.2          After this period, the agreement will be tacitly renewed for the same period of time unless it is cancelled at least one month before the end of the period.

7.3          Revisely B.V. may terminate the agreement if you have not logged in for eighteen months. In that case, it will first send a reminder e-mail to the e-mail address linked to your account.

7.4          It is possible to export the data you store or process via the service.

Article 8: Amendments to Conditions

8.1          Revisely B.V. may amend these Terms and Conditions as well as the prices at any time with effect from a new payment period (as defined in 5.1).

8.2          Revisely B.V. shall announce the amendments or additions at least thirty days before they take effect via the Service, so that you can take note of them.

8.3          If you do not wish to accept a change or addition, you may terminate the agreement until the date it takes effect. Use of the service after the date of entry into force is deemed to be acceptance of the amended or supplemented conditions.

Article 9: Other provisions

9.1          This agreement is governed by Dutch law.

9.2          In so far as the rules of mandatory law do not prescribe otherwise, all disputes in connection with Revisely shall be submitted to the competent Dutch court for the region in which Revisely B.V. has its registered office.

9.3          If any provision of these terms and conditions of use requires that a communication be made “in writing”, that requirement is also satisfied if the communication is made by e-mail or by communication via the service, provided that it is sufficiently established that the message actually originates from the alleged sender and that the integrity of the message has not been compromised.

9.4          The version of communication or information as stored by Revisely B.V. is deemed to be correct, unless you provide evidence to the contrary.

9.5          If any provision in these terms and conditions of use is found to be invalid, this shall not affect the validity of the entire terms and conditions of use. In this case, the parties shall adopt (a) new provision(s) by way of replacement, which will fulfil the intention of the original provision as much as is legally possible.

9.6          Revisely B.V. is entitled to transfer its rights and obligations under the agreement to a third party that takes over Revisely or the business concerned.