Partner Terms (EEA)
These Partner Terms apply to our partner venues located in the European Economic Area (EEA), not to our partners in the United States of America. The overview of the Terms can be found at breeze.social/terms-conditions.
Article 2. General provisions a_These Partner Terms apply to our partner venues located in the European Economic Area (EEA) and the United Kingdom, not to our partners in the United States of America. The overview of the Terms can be found at breeze.social/terms-conditions._
Article 6. Payment and invoicing
Article 14. Intellectual property
Article 17. Applicable law and disputes
Article 19. Amendments or additions
Article 1. Definitions
In these terms and conditions (“Terms”) , we use the following definitions:
- Breeze: the contractor with the following identity:
- Name: Breeze Social B.V.;
- Office & business address: Stationsplein 45, 3013 AK Rotterdam;
- Phone number: +31 10 3220150;
- E-mail: hallo@breeze.social;
- Website https://breeze.social
- Chamber of Commerce number: 80045944;
- VAT number: NL826478190B01.
- Partner: client with whom Breeze has entered into an Agreement;
- Agreement: the agreement established between Breeze and Partner, including the accepted offer, these Terms and any annexes thereto;
- Parties: Partner and Breeze together;
- In Writing: by e-mail, by post or by WhatsApp;
- Third Party(ies): other natural or legal persons who are not part of this Agreement;
- Services: all Services performed by Breeze on behalf of the Partner, including, but not limited to:
- Advertising for the Partner;
- Facilitate meetings (such as dates) at the Partner's facility;
- Providing insight into ways to improve the Partner's service through customer feedback.
Article 2. General provisions
- These Terms apply to any offer, orders, and all (legal) acts of Breeze, and to any Agreement established between Breeze and the Partner.
- If the Agreement is concluded electronically, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these Terms may be made available to the Partner electronically in such a manner that it can be easily stored by the Partner on a durable data carrier. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the Terms can be inspected electronically and that they will be sent electronically or otherwise free of charge to the Partner upon request.
- Unless expressly agreed otherwise and In Writing, Parties explicitly agree that any terms and conditions of the Partner, whether previously declared applicable or not, are expressly rejected and shall be of no effect between Parties.
- Deviations or additions to the Agreement shall only be valid if expressly agreed by Parties In Writing.
- If Breeze does not always require strict compliance with the Agreement, this does not mean that the provisions thereof do not apply, or that Breeze would to any extent lose the right to require strict compliance with the provisions of the Agreement in other cases.
- Breeze cannot guarantee that the performance of the Services will achieve the result desired by the Partner. The accepted offer leads to an obligation of effort and not an obligation of result.
- Breeze is entitled to engage Third Parties for the performance of the Agreement.
Article 3. The offer
- In principle, an offer has a limited period of validity of 10 (ten) working days. If otherwise, this will be expressly stated in the offer.
- An offer by Breeze is non-binding, this means that Breeze has the right to revoke the offer accepted by the Partner within 2 (two) working days of receiving the acceptance.
- The offer contains a complete and accurate description of the Services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Partner. Obvious mistakes or obvious errors about for instance amounts displayed do not bind Breeze.
- Insofar as no standards or regulations have been agreed, Breeze will deliver what can reasonably be assumed by both Parties.
Article 4. The Agreement
- The Agreement is concluded at the moment of acceptance by the Partner of the offer and the fulfillment of the conditions thereby, after Breeze's time to revoke the offer, as determined in article 3.2 of these Terms, has expired.
- If any provision of these Terms or an Agreement turns out to be invalid or is annulled, this shall not affect the validity of the remaining part of the Agreement. The Parties shall consult in good faith in order to agree on a new provision to replace the void or voided provision, taking into account as much as possible the purpose and meaning of the void or voided provision.
- Breeze reserves the right to, not execute a concluded Agreement, for example if it has reasonable doubt or information that the Partner will not (be able to) fulfil its (financial) obligations. If Breeze refuses the execution, it will inform the Partner In Writing of the refusal within a reasonable period after the conclusion of the Agreement.
- The Partner's right of suspension and right of set-off are excluded.
- If the Partner has accepted the offer electronically, Breeze will confirm receipt of the acceptance of the offer electronically without delay.
Article 5. Fees/Prices
- All amounts are in euros and exclusive of turnover tax (VAT) and other government levies, unless agreed otherwise.
- Discounts and quoted amounts do not automatically apply to future Agreements.
- If the Service cannot take place due to a circumstance attributable to the Partner in which the Partner cannot invoke force majeure, the Partner is still obliged to fulfill its payment obligation. This is only different if Breeze indicates this.
Article 6. Payment and invoicing
- To the extent not otherwise provided in the Agreement, amounts due by the Partner must be paid within 14 (fourteen) days from the invoice date.
- Even if Breeze owes the Partner an amount, Breeze will draw up a credit invoice and pay it within 14 days after confirmation of the amount.
- The Partner has the duty to immediately report inaccuracies in payment data provided, or mentioned, to Breeze. Costs incurred or damage caused by the provision of incorrect data by the Partner will be borne by the Partner.
- If the Partner does not timely fulfil its payment obligation(s), it will be notified of the late payment by Breeze and the Partner will be given a period of 7 (seven) working days to still fulfil its payment obligations. After failing to pay within this seven-working day period, the Partner is automatically in default. As a result, the Partner will also owe statutory (commercial) interest on the amount still due. In addition, Breeze will be entitled to charge the extrajudicial collection costs incurred by it.
- In case of (reasonable prospect of) bankruptcy, liquidation, suspension of payments, debt restructuring under the WSNP, or any equivalent insolvency, administration, receivership or arrangement proceeding under the law of the Partner's own jurisdiction, Breeze's claims on the Partner and the Partner's obligations to Breeze shall be immediately due and payable.
- Payments made by the Partner always serve first to settle all interest and costs due, secondly to settle payable invoices which have been outstanding the longest, even if the Partner indicates that the payment relates to a later invoice.
Article 7. Additional work
- If, at the Partner's request or at its own request, Breeze has, with the Partner’s prior Written consent, carried out work or other performance that falls outside the content or scope of the Agreement, such work or performance shall be compensated by the Partner in accordance with Breeze's customary rates.
Article 8. Dissolution
- If the Partner fails to fulfil one or more of its obligations, fails to fulfil them on time or properly, is declared bankrupt, applies for a (provisional) moratorium and/or suspension of payments, proceeds to liquidate its business, as well as when its assets are seized in whole or in part Breeze will have the right to suspend the execution of the Agreement or to terminate and/or dissolve the Agreement, in whole or in part, by operation of law and without prior notice of default, by means of a Written statement, all this at its discretion and always with retention of any right to compensation for costs, damages and interest.
- If the Agreement terminates due to force majeure, Breeze shall be entitled to payment for the investments made at the time of the termination of the Agreement.
- Notice of termination must be given In Writing, subject to 3 (three) days' notice. If Breeze so desires, already scheduled appointments/meetings/dates at the Partner must be able to take place.
Article 9. Liability
- Liability for indirect damage, including consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of Partner’s customers, damage and/or claims of third parties, damage to Partner’s or third parties’ assets or other materials, regulatory fines, corruption or loss of Partner Data, items, or software of third parties, is explicitly excluded. Liability for corruption, destruction or loss of data Partner Data is also excluded.
- If Breeze can nevertheless be held liable in a specific case for direct damages, Breeze's total liability will be limited to compensation for damages up to the amount of the fee (excluding VAT) stipulated for that Agreement, with a total aggregated maximum of the compensation actually paid out by Breeze’s liability insurance.
- Nothing in the Agreement will exclude or limit the liability of Breeze if this cannot be excluded or limited under the applicable law, such as in the case of willful intent or gross negligence by Breeze.
- The Partner indemnifies and holds harmless Breeze from and against all claims, damages or losses resulting from Partner’s breach of the Agreement.
- If the Agreement is a continuing performance agreement with a term of more than six months, the fee stipulated for that Agreement shall be set at the total fees (excluding VAT) of the past six months prior to the event causing damage.
- The right to compensation of damages exclusively arises if Partner reports the damage to Breeze in writing as soon as possible after the damage has occurred. Any claim for compensation of damages filed against Breeze lapses (vervalt) by the mere expiry of a period of twelve (12) months following the inception of the claim unless Partner has instituted a legal action for damages prior to the expiry of this term.
- The Partner may only invoke the compensation for damages, as arising from this article, if it has itself fulfilled all its obligations to Breeze.
- Breeze will not be liable for damages of any kind because Breeze has relied on incorrect and/or incomplete data provided by the Partner, or if the Partner has delivered such data late.
- The consequences of compliance (by Breeze or Third Parties) with statutory regulations or governmental orders shall be borne by the Partner, regardless of whether the cause/necessity of such compliance is attributable to the Partner, Breeze or a Third Party.
Article 10. Force majeure
- A failure by Breeze in the fulfillment of any obligation towards the Partner cannot be attributed to Breeze in case of circumstances beyond the control of Breeze. Such circumstances include but are not limited to non-performance by Third Parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, incapacity for work, strikes, measures by public authorities such as the closure of the catering industry or the cancellation of the meeting by one of the participants.
- If a situation referred to in paragraph 1 of this article occurs as a result of which Breeze cannot fulfil its obligations to the Partner, those obligations shall be suspended for as long as Breeze cannot fulfil its obligations. If the force majeure situation has lasted 30 (thirty) calendar days, both Parties shall have the right to terminate the Agreement in Writing in whole or in part.
- In such a case, Breeze shall not be liable for any damages, even if Breeze enjoys any advantage because of the force majeure situation.
Article 11. Warranty
- Breeze does not warrant the following:
- Number of visitors in catering establishment of the Partner arising from dates or advertising;
- Number of consumptions taken at the Partner's catering establishment;
- Frequency of visits to the Partner's catering establishment.
Article 12. Complaints
- The Partner must claim a defect in the performance of the Agreement by Breeze within thirty (30) days after the performance of the Services and (in any case) within fourteen (14) days after receipt of the invoice. After expiry of this period, the work is deemed to comply with the Agreement. The Partner must in any case give Breeze 4 (four) weeks to resolve the complaint by mutual agreement.
- Complaints do not suspend the Partner's payment obligation.
Article 13. Transfer
- Rights and obligations of the Partner under this Agreement cannot be transferred without the prior Written consent of Breeze. This provision counts as a clause with effect under property law, as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 14. Intellectual property
- All intellectual property rights (such as, for example, but not limited to, copyrights and patent rights) relating to and/or resulting from the Agreement executed by Breeze rest with Breeze. The Partner only acquires the non-exclusive and non-transferable rights of use expressly granted by these Terms and by law.
- All documents shared by Breeze are for the use of the Partner only. The disclosure of these documents, in any way, to Third Parties is not permitted, unless reasonably necessary in connection with the proper performance of the Agreement, and upon Written approval by Breeze.
- Breeze has the right to use the Partner's name and logo as a reference or promotion with the Partner's consent.
- The Partner shall indemnify and hold harmless Breeze against Third Party intellectual property rights claims.
Article 15. Management
- Breeze is entitled to make changes to the technical facilities in respect of the Services at any time.
- The Partner will act and behave in accordance with what may be expected of a responsible and careful user of the Service(s).
- The Partner is always responsible for any use - including unauthorized use - made of the user and access rights granted to it. The Partner will take appropriate and reasonable measures to prevent unauthorized use.
- The Partner will follow the instructions given by Breeze for the use of the Service(s) at all times.
- Breeze is entitled to change the non-technical facilities of its Services.
- A change that in Breeze's reasonable opinion requires a substantial, non-temporary adjustment on the part of the Partner will be announced to the Partner as soon as possible. The Partner cannot claim compensation or damages, but is entitled to terminate the Agreement with effect from the day of the announced change.
- Breeze reserves the right to discontinue/remove technical Services if they cause system failure/delay. Breeze will assess whether such a malfunction or delay exists and may, without prior notice to the Partner, block the technical Services or take other measures to eliminate the malfunction or delay. The Partner will never be entitled to damages or compensation in these circumstances.
- Breeze shall have the right, without prior notice, to (temporarily) take its Services out of service or restrict their use to the extent necessary for reasonably necessary maintenance or for necessary adjustments or improvements to be made to the Services by Breeze without giving rise to any right to damages or compensation from the Partner to Breeze.
Article 16. Confidentiality
- The Parties will treat as confidential the information they provide to each other before, during or after the performance of the Agreement if this information has been marked as confidential or if the receiving Party knows or should reasonably assume that this information was intended to be confidential. The Parties shall not use any information for any purpose other than is necessary for the performance or use of the Platform and Additional Services. The Parties shall impose these confidential obligations on their employees and other third Parties engaged by them, including End-Users.
- If a Party breaches paragraph 1 of this provision in respect of the other Party's commercial terms and pricing, or of personal data relating to End-Users, and does not remedy the breach within 5 (five) working days of written notice, or the breach cannot be remedied, that Party owes the other Party a fine of €5,000 (five thousand euros) per breach, up to €15,000 (fifteen thousand euros) in total. This does not affect either Party's other rights, including the right to claim damages. A disclosure by an End-User, or by another person outside a Party's reasonable control, is not a breach of this paragraph; in respect of those persons, paragraph 1 requires reasonable efforts only. The limitations of liability in Article 9 do not apply to a fine owed under this paragraph. This paragraph is not the exclusive remedy for a breach of paragraph 1.
Article 17. Applicable law and disputes
- Agreements between Breeze and the Partner are governed and construed exclusively by Dutch law.
- Disputes between the Parties, resulting from or arising in connection with the Agreement will be resolved exclusively by the competent court in the district in which Breeze is located (Rotterdam), unless Breeze desires another relatively competent court.
Article 18. Survival
- The provisions of the Agreement which purport to retain their validity after the termination of the Agreement shall remain in full force after the termination of the Agreement.
Article 19. Amendments or additions
- Breeze is entitled to unilaterally amend or supplement these Terms. In such case, Breeze will notify the Partner of the changes or additions in a timely manner. The Partner will be deemed to have accepted the new terms and conditions if the Partner does not protest In Writing within 14 (fourteen) days after Breeze notifies the Partner of the changes.
- These Terms were last updated on August 26th, 2026.
Article 6. Payment and invoicing
Article 14. Intellectual property
Article 17. Applicable law and disputes
Article 19. Amendments or additions
Article 1. Definitions
In these terms and conditions (“Terms”) , we use the following definitions:
- Breeze: the contractor with the following identity:
- Name: Breeze Social B.V.;
- Office & business address: Stationsplein 45, 3013 AK Rotterdam;
- Phone number: +31 10 3220150;
- E-mail: hallo@breeze.social;
- Website https://breeze.social
- Chamber of Commerce number: 80045944;
- VAT number: NL826478190B01.
- Partner: client with whom Breeze has entered into an Agreement;
- Agreement: the agreement established between Breeze and Partner, including the accepted offer, these Terms and any annexes thereto;
- Parties: Partner and Breeze together;
- In Writing: by e-mail, by post or by WhatsApp;
- Third Party(ies): other natural or legal persons who are not part of this Agreement;
- Services: all Services performed by Breeze on behalf of the Partner, including, but not limited to:
- Advertising for the Partner;
- Facilitate meetings (such as dates) at the Partner's facility;
- Providing insight into ways to improve the Partner's service through customer feedback.
Article 2. General provisions
- These Terms apply to any offer, orders, and all (legal) acts of Breeze, and to any Agreement established between Breeze and the Partner.
- If the Agreement is concluded electronically, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these Terms may be made available to the Partner electronically in such a manner that it can be easily stored by the Partner on a durable data carrier. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the Terms can be inspected electronically and that they will be sent electronically or otherwise free of charge to the Partner upon request.
- Unless expressly agreed otherwise and In Writing, Parties explicitly agree that any terms and conditions of the Partner, whether previously declared applicable or not, are expressly rejected and shall be of no effect between Parties.
- Deviations or additions to the Agreement shall only be valid if expressly agreed by Parties In Writing.
- If Breeze does not always require strict compliance with the Agreement, this does not mean that the provisions thereof do not apply, or that Breeze would to any extent lose the right to require strict compliance with the provisions of the Agreement in other cases.
- Breeze cannot guarantee that the performance of the Services will achieve the result desired by the Partner. The accepted offer leads to an obligation of effort and not an obligation of result.
- Breeze is entitled to engage Third Parties for the performance of the Agreement.
Article 3. The offer
- In principle, an offer has a limited period of validity of 10 (ten) working days. If otherwise, this will be expressly stated in the offer.
- An offer by Breeze is non-binding, this means that Breeze has the right to revoke the offer accepted by the Partner within 2 (two) working days of receiving the acceptance.
- The offer contains a complete and accurate description of the Services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Partner. Obvious mistakes or obvious errors about for instance amounts displayed do not bind Breeze.
- Insofar as no standards or regulations have been agreed, Breeze will deliver what can reasonably be assumed by both Parties.
Article 4. The Agreement
- The Agreement is concluded at the moment of acceptance by the Partner of the offer and the fulfillment of the conditions thereby, after Breeze's time to revoke the offer, as determined in article 3.2 of these Terms, has expired.
- If any provision of these Terms or an Agreement turns out to be invalid or is annulled, this shall not affect the validity of the remaining part of the Agreement. The Parties shall consult in good faith in order to agree on a new provision to replace the void or voided provision, taking into account as much as possible the purpose and meaning of the void or voided provision.
- Breeze reserves the right to, not execute a concluded Agreement, for example if it has reasonable doubt or information that the Partner will not (be able to) fulfil its (financial) obligations. If Breeze refuses the execution, it will inform the Partner In Writing of the refusal within a reasonable period after the conclusion of the Agreement.
- The Partner's right of suspension and right of set-off are excluded.
- If the Partner has accepted the offer electronically, Breeze will confirm receipt of the acceptance of the offer electronically without delay.
Article 5. Fees/Prices
- All amounts are in euros and exclusive of turnover tax (VAT) and other government levies, unless agreed otherwise.
- Discounts and quoted amounts do not automatically apply to future Agreements.
- If the Service cannot take place due to a circumstance attributable to the Partner in which the Partner cannot invoke force majeure, the Partner is still obliged to fulfill its payment obligation. This is only different if Breeze indicates this.
Article 6. Payment and invoicing
- To the extent not otherwise provided in the Agreement, amounts due by the Partner must be paid within 14 (fourteen) days from the invoice date.
- Even if Breeze owes the Partner an amount, Breeze will draw up a credit invoice and pay it within 14 days after confirmation of the amount.
- The Partner has the duty to immediately report inaccuracies in payment data provided, or mentioned, to Breeze. Costs incurred or damage caused by the provision of incorrect data by the Partner will be borne by the Partner.
- If the Partner does not timely fulfil its payment obligation(s), it will be notified of the late payment by Breeze and the Partner will be given a period of 7 (seven) working days to still fulfil its payment obligations. After failing to pay within this seven-working day period, the Partner is automatically in default. As a result, the Partner will also owe statutory (commercial) interest on the amount still due. In addition, Breeze will be entitled to charge the extrajudicial collection costs incurred by it.
- In case of (reasonable prospect of) bankruptcy, liquidation or suspension of payments or debt restructuring under the WSNP, Breeze's claims on the Partner and the Partner's obligations to Breeze shall be immediately due and payable.
- Payments made by the Partner always serve first to settle all interest and costs due, secondly to settle payable invoices which have been outstanding the longest, even if the Partner indicates that the payment relates to a later invoice.
Article 7. Additional work
- If, at the Partner's request or at its own request, Breeze has, with the Partner’s prior Written consent, carried out work or other performance that falls outside the content or scope of the Agreement, such work or performance shall be compensated by the Partner in accordance with Breeze's customary rates.
Article 8. Dissolution
- If the Partner fails to fulfil one or more of its obligations, fails to fulfil them on time or properly, is declared bankrupt, applies for a (provisional) moratorium and/or suspension of payments, proceeds to liquidate its business, as well as when its assets are seized in whole or in part Breeze will have the right to suspend the execution of the Agreement or to terminate and/or dissolve the Agreement, in whole or in part, by operation of law and without prior notice of default, by means of a Written statement, all this at its discretion and always with retention of any right to compensation for costs, damages and interest.
- If the Agreement terminates due to force majeure, Breeze shall be entitled to payment for the investments made at the time of the termination of the Agreement.
- Notice of termination must be given In Writing, subject to 3 (three) days' notice. If Breeze so desires, already scheduled appointments/meetings/dates at the Partner must be able to take place.
Article 9. Liability
- Liability for indirect damage, including consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of Partner’s customers, damage and/or claims of third parties, damage to Partner’s or third parties’ assets or other materials, regulatory fines, corruption or loss of Partner Data, items, or software of third parties, is explicitly excluded. Liability for corruption, destruction or loss of data Partner Data is also excluded.
- If Breeze can nevertheless be held liable in a specific case for direct damages, Breeze's total liability will be limited to compensation for damages up to the amount of the fee (excluding VAT) stipulated for that Agreement, with a total aggregated maximum of the compensation actually paid out by Breeze’s liability insurance.
- Nothing in the Agreement will exclude or limit the liability of Breeze if this cannot be excluded or limited under the applicable law, such as in the case of willful intent or gross negligence by Breeze.
- The Partner indemnifies and holds harmless Breeze from and against all claims, damages or losses resulting from Partner’s breach of the Agreement.
- If the Agreement is a continuing performance agreement with a term of more than six months, the fee stipulated for that Agreement shall be set at the total fees (excluding VAT) of the past six months prior to the event causing damage.
- The right to compensation of damages exclusively arises if Partner reports the damage to Breeze in writing as soon as possible after the damage has occurred. Any claim for compensation of damages filed against Breeze lapses (vervalt) by the mere expiry of a period of twelve (12) months following the inception of the claim unless Partner has instituted a legal action for damages prior to the expiry of this term.
- The Partner may only invoke the compensation for damages, as arising from this article, if it has itself fulfilled all its obligations to Breeze.
- Breeze will not be liable for damages of any kind because Breeze has relied on incorrect and/or incomplete data provided by the Partner, or if the Partner has delivered such data late.
- The consequences of compliance (by Breeze or Third Parties) with statutory regulations or governmental orders shall be borne by the Partner, regardless of whether the cause/necessity of such compliance is attributable to the Partner, Breeze or a Third Party.
Article 10. Force majeure
- A failure by Breeze in the fulfillment of any obligation towards the Partner cannot be attributed to Breeze in case of circumstances beyond the control of Breeze. Such circumstances include but are not limited to non-performance by Third Parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, incapacity for work, strikes, measures by public authorities such as the closure of the catering industry or the cancellation of the meeting by one of the participants.
- If a situation referred to in paragraph 1 of this article occurs as a result of which Breeze cannot fulfil its obligations to the Partner, those obligations shall be suspended for as long as Breeze cannot fulfil its obligations. If the force majeure situation has lasted 30 (thirty) calendar days, both Parties shall have the right to terminate the Agreement in Writing in whole or in part.
- In such a case, Breeze shall not be liable for any damages, even if Breeze enjoys any advantage because of the force majeure situation.
Article 11. Warranty
- Breeze does not warrant the following:
- Number of visitors in catering establishment of the Partner arising from dates or advertising;
- Number of consumptions taken at the Partner's catering establishment;
- Frequency of visits to the Partner's catering establishment.
Article 12. Complaints
- The Partner must claim a defect in the performance of the Agreement by Breeze within thirty (30) days after the performance of the Services and (in any case) within fourteen (14) days after receipt of the invoice. After expiry of this period, the work is deemed to comply with the Agreement. The Partner must in any case give Breeze 4 (four) weeks to resolve the complaint by mutual agreement.
- Complaints do not suspend the Partner's payment obligation.
Article 13. Transfer
- Rights and obligations of the Partner under this Agreement cannot be transferred without the prior Written consent of Breeze. This provision counts as a clause with effect under property law, as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 14. Intellectual property
- All intellectual property rights (such as, for example, but not limited to, copyrights and patent rights) relating to and/or resulting from the Agreement executed by Breeze rest with Breeze. The Partner only acquires the non-exclusive and non-transferable rights of use expressly granted by these Terms and by law.
- All documents shared by Breeze are for the use of the Partner only. The disclosure of these documents, in any way, to Third Parties is not permitted, unless reasonably necessary in connection with the proper performance of the Agreement, and upon Written approval by Breeze.
- Breeze has the right to use the Partner's name and logo as a reference or promotion with the Partner's consent.
- The Partner shall indemnify and hold harmless Breeze against Third Party intellectual property rights claims.
Article 15. Management
- Breeze is entitled to make changes to the technical facilities in respect of the Services at any time.
- The Partner will act and behave in accordance with what may be expected of a responsible and careful user of the Service(s).
- The Partner is always responsible for any use - including unauthorized use - made of the user and access rights granted to it. The Partner will take appropriate and reasonable measures to prevent unauthorized use.
- The Partner will follow the instructions given by Breeze for the use of the Service(s) at all times.
- Breeze is entitled to change the non-technical facilities of its Services.
- A change that in Breeze's reasonable opinion requires a substantial, non-temporary adjustment on the part of the Partner will be announced to the Partner as soon as possible. The Partner cannot claim compensation or damages, but is entitled to terminate the Agreement with effect from the day of the announced change.
- Breeze reserves the right to discontinue/remove technical Services if they cause system failure/delay. Breeze will assess whether such a malfunction or delay exists and may, without prior notice to the Partner, block the technical Services or take other measures to eliminate the malfunction or delay. The Partner will never be entitled to damages or compensation in these circumstances.
- Breeze shall have the right, without prior notice, to (temporarily) take its Services out of service or restrict their use to the extent necessary for reasonably necessary maintenance or for necessary adjustments or improvements to be made to the Services by Breeze without giving rise to any right to damages or compensation from the Partner to Breeze.
Article 16. Confidentiality
- The Parties will treat as confidential the information they provide to each other before, during or after the performance of the Agreement if this information has been marked as confidential or if the receiving Party knows or should reasonably assume that this information was intended to be confidential. The Parties shall not use any information for any purpose other than is necessary for the performance or use of the Platform and Additional Services. The Parties shall impose these confidential obligations on their employees and other third Parties engaged by them, including End-Users.
- If the Partner breaches paragraph 1 of this provision, the Partner, irrespective of whether the breach can be attributed to the Partner and without prior notice of default or court proceedings, will owe Breeze an immediately payable fine of €20,000 (twenty thousand euros) for each breach without the need for any damages without prejudice to Breeze's other rights, including its right to claim damages in addition to the fine.
Article 17. Applicable law and disputes
- Agreements between Breeze and the Partner are governed and construed exclusively by Dutch law.
- Disputes between the Parties, resulting from or arising in connection with the Agreement will be resolved exclusively by the competent court in the district in which Breeze is located (Rotterdam), unless Breeze desires another relatively competent court.
Article 18. Survival
- The provisions of the Agreement which purport to retain their validity after the termination of the Agreement shall remain in full force after the termination of the Agreement.
Article 19. Amendments or additions
- Breeze is entitled to unilaterally amend or supplement these Terms. In such case, Breeze will notify the Partner of the changes or additions in a timely manner. The Partner will be deemed to have accepted the new terms and conditions if the Partner does not protest In Writing within 14 (fourteen) days after Breeze notifies the Partner of the changes.
- These Terms were last updated on February 21st, 2025.