1. Introduction
These general terms and conditions apply to Babbels, a service of Klout BV, located in Middelburg, registered with the Chamber of Commerce under number 87452782. Babbels is the trade name of Klout BV and offers services in the field of information technology. The terms and conditions are intended to record the rights and obligations of both parties, as required under applicable laws and regulations.
2. Definitions
In these general terms and conditions, the following terms have the meanings defined below:
- Babbles: The name under which Klout BV, established in Middelburg and registered with the Chamber of Commerce under number 87452782, offers its WhatsApp integration services within Microsoft Teams. Babbels is a trade name of Klout BV
- Klout: Klout develops customized solutions focused on the Microsoft 365 platform.
- User: Any natural person or legal entity that uses the Babbels service. This includes both the customer, the legal entity purchasing the service, as well as the employees or other persons designated by the customer who have access to and use the service on behalf of the customer.
- Customer: The legal entity that has entered into an agreement with Babbels to use the service. This agreement is only entered into with the customer and not with individual users within the customer's organization. The customer is responsible for the management and compliance with the terms of use by all users within its organization and ensures the correct use of the service by these users. The customer remains liable at all times for the use of the service by the users within its organization.
3. Applicability
3.1 These general terms and conditions apply to all offers, quotations and agreements relating to the services of Klout BV, trading under the name Babbels. Babbels is a trade name of Klout BV, a private limited company established in Middelburg.
3.2 Any deviations from these conditions are only valid if they have been expressly agreed in writing by Klout BV.
3.2 Any deviations from the conditions are only valid if they have been expressly agreed in writing.
3.3 The applicability of the customer's general terms and conditions is expressly rejected, unless otherwise agreed in writing.
4. Service description
4.1 Babbels offers an integration between WhatsApp and Microsoft Teams, allowing users to centralize WhatsApp communications in their Microsoft Teams environment. The services include, among other things, sending and receiving WhatsApp messages.
4.2 Klout BV, as owner of the services offered under the name Babbels, reserves the right to make changes to the services. This may include making adjustments, implementing improvements, or removing certain functionalities, as long as these adjustments do not affect the core functionalities of the application. These core functionalities include, among other things:
- The connection between Microsoft and META and the integration of Babbels in Microsoft Teams.
- Sending and receiving messages
- Assigning conversations to colleagues
- Setting up automatic replies
- Secure data storage
- Pinning, archiving and downloading conversations
- Multi-user support within Microsoft Teams
This is not an exhaustive list, but gives an indication of the essential functions that will be retained. Klout BV will inform the customer and user in a timely manner about changes that may affect the operation or availability of specific functionalities.
5. Terms of Use
5.1 The use of our services is only permitted for the purposes as described in these general terms and conditions. Users may not use the services for illegal activities or activities that are contrary to laws and regulations, public order or morality.
5.2 Users are responsible for the accuracy of the data they provide. Babbels is not liable for damage resulting from incorrect or incomplete information.
5.3 The user will refrain from behavior that could hinder the functionality of the services or cause damage to the systems of Babbels or third parties.
6. User Obligations
6.1 Users must follow Babbels' instructions regarding the use of the Services.
6.2 The user may not infringe the intellectual property rights of Babbels or third parties.
6.3 The User is responsible for securing their devices and network connections to prevent unauthorized access to the Services. This includes using up-to-date anti-virus software, a firewall, and regular security updates.
7. Security and confidentiality
7.1 Babbels reserves the right to perform or have performed by external parties information security audits, if this is necessary to verify compliance with security requirements. In addition, the user may also perform unforeseen audits if specific circumstances arise that give rise to this, with a minimum prior notice period of 14 days to Babbels.
7.2 Babbels is committed to ensuring the privacy and security of personal data. Data is processed in accordance with the GDPR (General Data Protection Regulation). More information about the processing of personal data can be found in our Privacy Statement.
7.2 Babbels has taken appropriate technical and organizational measures to protect users' data against loss or any form of unlawful processing, such as AES-256 encryption for data storage and Multi-Factor Authentication (MFA) for access to sensitive data. In addition, Babbels conducts periodic internal audits and penetration tests to ensure that the security measures are effective. This includes regular security audits, compliance with the guidelines of relevant standards and norms such as NEN 7510 (information security) and ISO 27001, although there is no formal certification for these standards.
7.3 The user is responsible for keeping login details and other personal information confidential. Babbels is not liable for unauthorized use of login details by third parties.
8. Processing of data
8.1 Babbels only uses third parties, such as Microsoft and Meta, when this is essential to guarantee the delivery of our services. Personal data is only processed and shared to the extent necessary for the provision of the services, and always in accordance with their guidelines and the applicable laws and regulations.
8.2 Babbels ensures that personal data is only stored within the European Economic Area (EEA).
8.3 Babbels will take appropriate measures to ensure that third parties process personal data in accordance with applicable laws and regulations. Users will be informed when data is transferred to a third party, including the reasons for the transfer and the rights of the user.
Please consult our Processor Agreement for more details about the processing of personal data.
9. Payment terms
9.1 Payment must be made within fourteen days of the invoice date, unless otherwise agreed in writing.
9.2 In the event of late payment, the user will be in default by operation of law and Babbels will be entitled to charge statutory interest and collection costs.
9.3 In the event of liquidation, bankruptcy, attachment or suspension of payments of the user, Babbels' claims on the user shall be immediately due and payable.
9.4 Charges may be made for the use of certain services. The rates are agreed upon in advance with the user.
9.5 Payments must be made within the term stated on the invoice. In case of late payment, Babbels reserves the right to suspend access to the services.
10. Intellectual property
10.1 All intellectual property rights to the results of Babbels' work, including advice, reports, designs, documentation and other materials, are the sole property of Babbels, property of Klout BV
10.2 The user shall only obtain the rights of use and powers expressly granted in writing under these terms and conditions or otherwise and shall otherwise not reproduce or make public the results of Babbels' work.
11. Liability
11.1 Babbels undertakes to take out and maintain adequate insurance that covers its liability. Proof of this insurance will be provided to the user upon request.
11.2 Babbels is only liable for direct damage that is the result of intent or gross negligence. Any other form of liability is excluded.
11.3 Babbels' liability is in all cases limited to the amount paid out by our insurer.
11.4 Babbels is not liable for any indirect damage, including but not limited to consequential damage, lost profits, missed savings and damage due to business stagnation.
11.5 Users must report any damage to Babbels as soon as possible and no later than within one calendar month, in writing. Damage reports that are submitted too late may not be processed; the decision on this after this period lies entirely with Babbels.
12. Termination and suspension
12.1 The user may terminate the agreement, taking into account the contract duration and a notice period of one calendar month.
12.2 Klout BV, trading under the name Babbels, reserves the right to suspend access to the services in the event of suspected misuse or violation of these terms and conditions.
12.3 Upon termination of the agreement, Babbels will securely delete all personal data of the user within 30 days, unless there are legal obligations to retain this data. Deletion will take place according to relevant guidelines to ensure that data is processed securely.
13. Changes to the terms and conditions
13.1 Klout BV reserves the right to change these terms at any time. Users will be informed of changes via email or within the application.
13.2 If a user does not agree with the changes, he has the right to terminate the agreement.
14. Support and availability
14.1 Babbels strives to make the services available with as few interruptions as possible.
14.2 Babbels offers support to users for questions or problems regarding the services. The availability of support is during office hours, support can be consulted via https://babbels.app/contact.
14.3 In the event of a technical incident or data breach, Babbels will inform the user as soon as possible and take appropriate measures to limit the impact. A data breach will be reported within 72 hours, in accordance with GDPR guidelines.
15. Innovation and technological support
15.1 Babbels is committed to continuous technological innovation to support organizations in improving the quality of service. The WhatsApp integration is designed to promote more efficient communication between customers and end users.
15.2 Babbels works with organizations to develop solutions that increase the self-reliance of end users and contribute to reducing the workload of employees.
16. Quality guarantee
16.1 Babbels guarantees that the services it provides meet the agreed specifications and quality standards. Should a situation unexpectedly arise in which a service does not meet these standards or poses a potential risk to functionality or safety, Babbels will take immediate steps to resolve the problem.
In such cases, Babbels may, for example, issue a corrective update or patch to improve the service. If necessary, Babbels will inform users in a timely manner about the precautions to be taken and guide them through the steps needed to minimize any risks.
16.2 Babbels provides the Services “as is”, without any express or implied warranties regarding functionality or suitability for a particular purpose.
16.3 Babbels cannot guarantee that the services will always meet the specific requirements or expectations of the user, although we strive to achieve this as much as possible.
17. Corporate Social Responsibility (CSR)
17.1 Babbels acts in a socially responsible manner by taking various measures to promote sustainability and limit the impact on the environment. An example of this is our use of Microsoft data centers, which run entirely on renewable energy. In addition, Microsoft strives to minimize its water consumption and waste production in its facilities.
Babbels also contributes to digital inclusion by providing an accessible platform that enables integration with Microsoft Teams. This makes it easier for people with disabilities to participate in communications within organizations, thanks to Teams’ built-in accessibility options. These efforts are part of our broader commitment to sustainability and inclusivity.
18. Applicable law and disputes
18.1 All agreements between Babbels and the user are governed by Dutch law.
18.2 Disputes will be submitted to the competent court in Middelburg, unless Klout BV prefers another competent court.
19. Contact
If you have any questions, please contact Babbels, part of Klout BV, via info@klout.nl. You can also reach us on telephone number +31 85 0 084 084 for direct support.