General terms and conditions
These terms apply to the software produced by PaceX as agreed upon with the company, hereinafter referred to as the user.
- Definitions
1.1 In these general terms and conditions, the following definitions apply:
General Terms and Conditions: The General Terms and Conditions of PaceX, including the Processor Agreement
Services: the Test Drive App, which includes the mobile app and the admin backend, with or without the use of the API and technical support
Test Drive App: The app developed by PaceX for managing test drive administrations for users
Users: The company that has entered into an Agreement with PaceX for the use of the test drive app
Agreement: The General Terms and Conditions and any appendices to this Agreement, including the Data Processing Agreement
Software: the Test Drive App, which includes the mobile app, the admin backend, and the API
- Applicability
2.1 The General Terms and Conditions apply to the formation, content, and fulfillment of the Agreement between the User and PaceX regarding the use of the
2.2 The applicability of any purchasing or other terms of the User is expressly rejected, even if priority has been stipulated in those terms.
3. Formation of Agreement
4. The Agreement between PaceX and the user comes into effect at the moment the User digitally agrees to PaceX's offer by completing the order through the website. Any deviations from this offer made by the customer do not bind Mijndomein (in deviation from Article 6:235 of the Dutch Civil Code).
4.1 The agreement comes into effect on the day access to the account is granted
- Execution of Services
5.1 PaceX will make every effort to perform the Services to the best of its ability.
5.2 Updates and improvements to the Test Drive app and software are free; new features may incur an additional charge.
5.3 The User receives free remote support ("support") for (technical) issues when using the Test Drive App. PaceX only accepts questions and other support requests via email. The response time for answers is a maximum of 72 business hours. Support is limited to a maximum usage of 1 hour per month. Beyond that, PaceX may charge the User an agreed hourly rate for technical support.
- Software Maintenance
6.1 The maintenance of the software occurs once per quarter as needed; errors that directly lead to a non-functional solution are always resolved within 24 hours.
6.2 Adjustments to legal requirements related to the functioning of the software will be made in a timely manner within the time frame legally stipulated.
6.3 Improvements to the software that add value are always assessed by PaceX and, if possible and desirable, implemented within 1 month.
6.4 Updates and security patches are applied regularly, and there will be no further disruption caused by this. For significant work, a mailing will be sent out with a start date at least 5 days prior to the execution.
6.5 PaceX is entitled to temporarily take its systems out of service or limit their use without prior notice, to the extent necessary for reasonably required maintenance or for necessary adjustments or improvements to the system to be carried out by PaceX, without this giving rise to any right to compensation from the User against PaceX.
6.6 Specified deadlines for the execution of Maintenance have an indicative nature
- Updates with new versions
7.1 The security and development of new features is an ongoing activity, users are informed about this via email.
7.2 PaceX has the right to implement updates, patches, or bug fixes without the user's consent or knowledge as long as it does not interfere with the operation of the software.
7.3 Updates are usually carried out at night to minimize downtime; for major work, a mailing is sent out with a start date at least 5 days before the execution.
7.4 If the menu structure or operation of the app or software changes, it will be updated in the form of a video or with images in an email.
7.5 Specified deadlines for the execution of the Services are indicative in nature
- Prices
8.1 The Services will be performed at the rates specified in the Order Confirmation and/or Agreement.
8.2 The monthly costs consist of:
- The storage of information, test drives, and photos of the cars.
- Through the development of new future features
- Security and security updates
- Driver's license scans (fair use policy)
- With Gold pack monthly costs GPS server
- With Gold pack monthly data costs for SIM card for GPS antenna (fair use policy)
- The establishment of PaceX and its continuation
8.3 Driver's license scans/verifications on various platforms cost money; we do not charge extra fees per scan, but we have a reasonable (Fair Use Policy). In cases of excessive/unnecessary use, additional costs may be charged monthly in consultation.
- Payment
9.1 PaceX will charge the agreed monthly amount every month through an automatic debit.
9.2 Payment for the online use of the software is made by direct debit, no later than 14 days after receipt of the relevant invoice. Invoices are issued in advance on a monthly basis.
9.3 PaceX is entitled to adjust the price for the use of the Services through indexing. Indexing can take place no more than once a year. Indexing is based on the Services Price Index for Information and Communication, as published by the Central Bureau of Statistics (CBS).
9.4 A statutory commercial interest may be charged on any payment that cannot be made on time. All extrajudicial and judicial collection costs are the responsibility of the User. The extrajudicial collection costs amount to at least 15% of the amount to be collected and are due as soon as PaceX has handed over the claim.
9.5 In the event of non-payment (or late payment) of outstanding invoices, the User's account will be closed after a reminder and a notice of default. Once all outstanding invoices are paid, the account will be reopened. Disconnection and reconnection fees will be charged at the applicable rate at that time.
- Right of use
10.1 The Software is made available by PaceX, and PaceX grants the user a limited, personal, revocable, non-exclusive, non-transferable right to use the Software that is made available. It is expressly prohibited to reproduce or duplicate files, software, data, and/or materials.
10.2 The User shall not use the Software in any way for unlawful acts, committing crimes, and/or actions that disproportionately burden or disrupt the trial ride App, including but not limited to:
- the breaching of technical security measures;
- gaining access through the use of a false key, false code or login, or false identity;
- the initiation or continuation of processes that can reasonably be suspected to be unlawful;
- destruction, damage, or rendering unusable of systems or automated works and software of others;
- the infringement of intellectual property rights;
- data theft;
- the unlawful and/or criminal dissemination of secret or confidential information
10.3 The user is responsible for the API key and keeping it confidential and not sharing it.
10.4 It is prohibited to use the PaceX API for any action that is in violation of Dutch or other applicable laws and regulations.
10.5 The invocation of the API must remain within reasonable limits ('fair use policy'). In particular, calls should not deviate significantly from what is considered reasonable within the intended functionality of the API. Additionally, PaceX may temporarily restrict or suspend calls during maintenance, outages, or instances of abuse.
10.6 If PaceX determines that the User is violating the aforementioned terms, or receives a complaint about this, PaceX may restrict or deny their access to the API until the violation is remedied.
10.7 PaceX actively develops and maintains the PaceX software and the API. If maintenance is expected to result in a limitation of availability, PaceX will carry it out when the usage of the service is relatively low. Maintenance will be announced in advance whenever possible. Maintenance related to emergencies can occur at any time and will not be announced in advance.
- Intellectual property
11.1 PaceX reserves all rights regarding intellectual property that it uses or has used, or develops, has developed, or has had developed in the context of the execution of the Services/Software
11.2 The User is expressly prohibited from reproducing, disclosing, or exploiting the Services, Software, and other intellectual property mentioned in the first paragraph.
- Security and privacy
12.1 In the context of the service provision, PaceX processes personal data of Users. Personal data is used to:
- To execute the agreement or to take pre-contractual measures;
- To inform users about products and services of PaceX;
- Conducting market research and analysis to improve the services of PaceX;
12.2 The complete and up-to-date privacy statement of PaceX can be consulted on the website
- Liability
13.1 PaceX is not liable for damages including business interruption, loss, claims from third parties, fines, and/or costs, arising in any way, unless the user proves that such damages, losses, claims from third parties, fines, and/or costs were caused by intent or equivalent fault on the part of PaceX itself.
13.2 If PaceX is liable, its liability shall be limited to a one-time maximum amount equal to the costs for the use of the software for a period of up to 6 months.
13.3 PaceX cannot be held liable for damages arising from the fact that the software is not accessible online, either due to a technical failure on the part of the user or because the online server is not accessible for technical reasons. If the online server is not accessible for technical reasons within the organization of PaceX, then PaceX is obligated to resolve this as quickly as reasonably possible.
13.4 PaceX ensures that a backup of the data is created every day. In the event of the online server going down, PaceX ensures that the data from one business day prior to the server failure can always be restored.
13.5 Shortcomings of PaceX due to extraordinary circumstances or restrictive measures by domestic and foreign governments, strikes, lockouts, lack of materials, personnel, or transportation, poor performance by PaceX's suppliers, traffic congestion, fire, flooding, earthquakes, and/or weather conditions will not be charged to PaceX. If the current contract has not yet been fully completed, the remaining balance of the contract must also be paid in advance.
13.6 Delivered hardware (without 220v plug) such as chargers for GPS antennas should be charged via PC USB port (low current). For safety reasons, do not charge at night or in the absence of supervision.
- Duration and termination
14.1 The 12-month Agreement comes into effect following the date on which the User has placed an order in the PaceX webshop. The agreement continues to run silently after 12 months and can be terminated on a monthly basis. Termination can be done via email.
14.2 Termination of this agreement means that the Services can no longer be used after the expiration of this agreement.
14.3 The minimum contract duration is 12 months.
14.4 In the event of termination or suspension of the usage rights, the User remains obligated to make payments until the end of the agreement as agreed upon based on the module composition.
14.5 The termination of this agreement by the User does not entitle them to a refund of any deposits made.
14.6 The User remains the owner of the data on the server. All information that is available will remain online, and test drive reports can be downloaded. If the current contract has not yet been fully completed, the remaining balance of the contract must also be paid in advance.
- Interim termination
15.1 If the user fails to fulfill one or more obligations under this agreement, whether not at all, not properly, or not in a timely manner, as well as in the event of bankruptcy, suspension of payments, cessation, or liquidation of the user's business, then PaceX is entitled to consider the agreement terminated or suspended without notice of default and without judicial intervention.
15.2 The user has the right to terminate this agreement immediately and prematurely in the event of a price increase other than described in article 8.2, provided that the user has given written notice of termination within one month of receiving the relevant announcement.
- Transfer of rights and obligations
16.1 The user may not transfer her rights or obligations under this agreement or any subsequent agreements that may arise from it, in whole or in part, without the prior written consent of PaceX. PaceX may attach conditions to this consent that it must grant. Transfers in violation of the above provisions shall be null and void.
16.2 PaceX is entitled to transfer its legal relationship with the user under this agreement to a third party in the sense of Article 159 of Book 6 of the Dutch Civil Code, whereby the user hereby grants its cooperation in advance to such a contract takeover.
16.3 User data may be used by PaceX for statistical purposes, in an anonymized form.
- Force majeure
17.1 In the event of force majeure, the performance by the involved party of the obligations arising from the agreement shall be wholly or partially suspended for the duration of such force majeure, without either party being liable to the other for any damages in this regard. A case of force majeure shall be communicated in writing to the other party, along with the necessary supporting documents.
17.2 Force majeure does not include the failure or delay by a third party to fulfill the obligations it has undertaken towards one of the parties, unless the relevant party demonstrates that the failure or delay in fulfilling those obligations is due to force majeure.
- General
18.1 Pace X reserves the right to amend these General Terms and Conditions with immediate effect by means of written notification to the Client. However, this does not affect the essential terms of the agreement between the parties, such as the nature, price, scope, and content of the parties' performances.
18.2 Dutch law applies to this agreement.
The general terms and the processor agreement is shown before placing the order and after approval, the order can be placed.
Link to Data Processing Agreement