General Conditions of Consumers

Article 1 - Definitions
For the purposes of these conditions, the following definitions shall apply:
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General Terms and Conditions: the General Terms and Conditions of Gymeyes B.V.
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Supplementary Agreement: an agreement whereby the Consumer acquires products in connection with a distance contract and these items are delivered by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
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Reflection Period: The period within which the Consumer can make use of his right of withdrawal, provided that it is applicable to the Agreement concluded with the Entrepreneur;
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Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
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Day: calendar day;
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Continuous Agreement: An agreement that involves the regular supply of goods and/or services for a specified period of time;
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Durable data carrier: any device - includingmail - that enables the Consumer or Entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
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Right of withdrawal: The ability of the Consumer to waive the Agreement within the withdrawal period;
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Entrepreneur: the natural or legal person who offers products to Consumers remotely through sales channels of Gymeyes B.V.;
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Agreement: an agreement concluded between the Entrepreneur and the Consumer within the framework of an organized system for the distance sale of products , under which, up to and including the conclusion of the Agreement, exclusive or joint use is made of one or more techniques for distance communication;
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Technique for distance communication: means that can be used for the conclusion of an Agreement, without the Consumer and Entrepreneur having to be together in the same room at the same time.
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Article 2 - Identity Gymeyes B.V. / Onesix
Name: Gymeyes B.V.
Trade name: Onesix
Address: Weerdskampweg 9, 5222 BA 's-Hertogenbosch, the Netherlands
Telephone number: 085 060 4220
KVK: 67460305
VAT: NL857004736B01
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Article 3 - Applicability
These General Terms and Conditions apply to every offer made by the Entrepreneur and to every Agreement concluded between the Entrepreneur and the Consumer. Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, before the Agreement is concluded, the Contractor will indicate in what way the General Terms and Conditions can be inspected at the Contractor's premises (e.g. on its website) and that, at the Consumer's request, they will be sent free of charge (bymail) as soon as possible. The text of these General Terms and Conditions, which will be made available to the Consumer electronically, can be stored by the Consumer in a simple manner on a Durable Data Carrier. If one or more individual provisions in these General Terms and Conditions or in the Distance Contract between the Company and the Consumer prove to be invalid, this will not affect the validity of the remaining provisions of the General Terms and Conditions or the validity of the Distance Contract of which the General Terms and Conditions form part. The parties shall replace the provision(s) in question by one or more new provisions, the purport of which corresponds as far as possible to the original provision(s).
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Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the Entrepreneur. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer.
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Article 5 - The Agreement
The Agreement is established, subject to the provisions of paragraph 4, at the time of acceptance by the Consumer of the offer and the fulfillment of the accompanying conditions.If the Consumer has accepted the offer electronically, the Entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may dissolve the Agreement. If the Agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.The Entrepreneur may - within legal frameworks - inform himself whether the Consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, the Entrepreneur has good grounds not to enter into the Agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, while giving reasons.The Entrepreneur will send the following information, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product to the Consumer: the visiting address of the Entrepreneur's office where the Consumer can lodge complaints; the information about guarantees and any after-sales service; the price including all taxes of the product; insofar as applicable, the costs of delivery; and the method of payment, delivery or performance of the Agreement.

Article 6 - Right of Withdrawal
The Consumer may, provided none of the exceptions listed in Article 10.1 apply, dissolve an Agreement related to the purchase of a product during a reflection period of at least 14 days without giving reasons. The Entrepreneur may ask the Consumer about the reason for withdrawal, but may not oblige the Consumer to state his reason(s). The withdrawal period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, received the product, or: if the Consumer ordered multiple products in the same order: the day on which the Consumer, or a third party designated by him, received the last product. The Trader may, provided he has clearly informed the Consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times. if the delivery of a product consists of multiple shipments or parts: the day on which the Consumer, or a third party designated by the Consumer, has received the last shipment or part; in the case of Contracts for regular delivery of products during a specified period: the day on which the Consumer, or a third party designated by the Consumer, has received the first product. If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this articleIf the Entrepreneur has provided the Consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the Consumer has received that information
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Article 7 - Obligations of the Consumer during the cooling-off period
During the cooling-off period, the Consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.The Consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.The Consumer is not liable for depreciation of the product if the Entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the Agreement.
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Article 8 - Exercise of the right of withdrawal by the Consumer and costs thereof
If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur in an unambiguous manner within the withdrawal period. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer returns the product, or hands it over to (an authorized representative of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to pick up the product himself. The Consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.The Consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur.The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.The Consumer bears the direct costs of returning the product. If the Entrepreneur has not notified the Consumer that the Consumer must bear these costs or if the Entrepreneur indicates that he will bear the costs himself, the Consumer does not have to bear the costs of return shipment.
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Article 9 - Obligations of the Entrepreneur in the event of withdrawal
If the Entrepreneur enables the notification of withdrawal by the Consumer by electronic means, he shall send an acknowledgement of receipt of this notification without delay upon receipt.The Entrepreneur reimburses all payments from the Consumer, including any delivery costs charged by the Entrepreneur for the returned product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless the Entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the product or until the Consumer proves that he has returned the product, whichever is earlier.The Entrepreneur uses for repayment the same means of payment that the Consumer has used, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.If the Consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the Entrepreneur does not have to refund the additional costs for the more expensive method.
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Article 10 - Exclusion of the right of withdrawal
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur has clearly stated this when making the offer, or at least in good time before concluding the Agreement:Products that spoil quickly or have a limited shelf life;Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;Products that are irrevocably mixed with other products after delivery due to their nature; andAlcoholic beverages of which the price has been agreed upon at the conclusion of the Agreement, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations of the market over which the entrepreneur has no influence.
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Article 11 - The price
During the validity period stated in the offer, the prices of the products offered shall not be increased, except for price changes due to changes in VAT rates.Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and they are the result of statutory regulations or provisions; or the Consumer has the authority to terminate the agreement from the day on which the price increase takes effect.The prices mentioned in the offer of products are including VAT.
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Article 12 - Compliance with the Agreement and additional warranty
The Entrepreneur guarantees that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the Agreement. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
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Article 13 - Delivery and execution
The Entrepreneur will take the greatest possible care when receiving and executing orders of products.The place of delivery is the address that the Consumer has made known to the Entrepreneur.With due observance of what is stated in article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed about this at the latest 30 days after he has placed the order. The Consumer in that case has the right to dissolve the Agreement without cost and entitled to any compensation.After dissolution in accordance with the preceding paragraph, the Entrepreneur will immediately refund the amount paid by the Consumer.The risk of damage and / or loss of products rests with the Entrepreneur until the time of delivery to the Consumer or a previously designated and made known to the Entrepreneur representative, unless otherwise expressly agreed.

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Article 14 - Extended duration transactions: duration, termination and extension
Termination: The Consumer may terminate an Agreement that has been concluded for an indefinite period of time and that extends to the regular delivery of products at any time, subject to the agreed termination rules and a maximum notice period of one month.The Consumer may terminate a fixed-term Agreement that has been concluded for the regular delivery of products at any time at the end of the fixed term in accordance with the applicable termination rules and a maximum notice period of one month. An Agreement that has been entered into for a fixed term and that extends to the regular delivery of products may not be tacitly extended or renewed for a fixed term. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products may only be tacitly renewed for an indefinite period if the Consumer may terminate it at any time with a notice period of not more than one month.
Duration:If an Agreement has a duration of more than one year, after one year the Consumer may terminate the Agreement at any time with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.The Agreement is deemed to be dissolved by operation of law, without the intervention of the courts, if one of the Parties or third parties (temporarily) applies for or obtains a suspension of payment, applies for bankruptcy and/or one of the Parties is declared bankrupt and/or one of the Parties voluntarily or involuntarily proceeds to liquidate the (current) company.
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Article 15 - Payment
Insofar as not otherwise provided for in the Agreement or additional terms and conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the Agreement. When selling products to Consumers, General Terms and Conditions may never require the Consumer to pay more than 50% in advance. When prepayment is stipulated, the Consumer may not assert any rights regarding the execution of the order in question before the stipulated prepayment has taken place.The Consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the Entrepreneur. If the Consumer does not timely meet his payment obligation(s), he shall, after he has been notified by the Entrepreneur of the late payment and the Entrepreneur has granted the Consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount still due and the Entrepreneur shall be entitled to charge the extrajudicial collection costs incurred by him. These collection costs will amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The Entrepreneur may deviate from the said amounts and percentages for the benefit of the Consumer.
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Article 16 - Complaints procedure
The Entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.Complaints about the performance of the Agreement must be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the Consumer can expect a more detailed response.If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was filed, a dispute arises that is subject to the dispute resolution procedure.
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Article 17 - Force majeure
Neither Party is obliged to comply with any obligation if it is prevented from doing so as a result of force majeure.There is a situation of force majeure on the part of the Contractor if an external circumstance prevents the Contractor from fulfilling the Agreement and it is therefore entitled to suspend the performance of the Agreement and the Contractor is no longer obliged to fulfil its obligations as a result.In that case, the Consumer is not entitled to compensation for damage, costs or interest. If there is a force majeure situation, the Parties are entitled to dissolve the Agreement for the part that cannot be performed by means of a written statement after fourteen (14) days.
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Article 18 - Personal data
The Entrepreneur will have access to personal data of Consumers involved in the delivery of products. When executing the Agreement, the Entrepreneur shall process part of it in accordance with its privacy and cookie policy as stated on its website. The Entrepreneur shall not process the personal data for any other purpose than as agreed with the Consumer in the Agreement and shall ensure compliance with the applicable laws and regulations for the protection of privacy and security. Such processing shall be in accordance with the Personal Data Protection Act, the guidelines most recently published by the Personal Data Authority and the (European) General Data Protection Regulation with regard to the security (and processing) of personal data, whereby the Entrepreneur shall make every effort to implement effective technical and organizational measures to prevent the loss and/or any other form of unlawful processing of personal data.
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Article 19 - Liability
Unless stipulated otherwise, the Supplier's liability for attributable shortcomings in the performance of the Agreement shall arise only if the Consumer has given the Supplier written notice of default, whereby a reasonable period is given to remedy the shortcoming and the Consumer remains attributably in breach of its obligations even after that period.A condition for the existence of any right to compensation is always that Consumer reports the damage in writing to Contractor as soon as possible after it arises, but at the latest within one month after Consumer has become aware of the damage and/or should reasonably have become aware of it.Contractor is at all times entitled, if and insofar as possible, to undo or limit Consumer's damage by repairing or improving the defective product(s).Operator is never obliged to compensate for indirect damage of Consumer, including but not limited to lost profits, lost savings, reduced goodwill, damage resulting from claims of other Consumers, mutilation or loss of data, and loss of data is expressly excluded. The total liability of the Entrepreneur towards the Consumer, for whatever reason, is limited to compensation for direct damage.The limitations and exclusions of liability mentioned in this article do not apply if and insofar as the damage is a result of intent or deliberate recklessness on the part of the Entrepreneur or of a person belonging to the business management of the Entrepreneur.
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Article 20 - Choice of law and forum
This Agreement and any additions thereto shall be governed by Dutch law and any disputes arising from this Agreement shall be submitted exclusively to the competent court in Utrecht. Any applicability of the Vienna Sales Convention is excluded.
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Article 21 - Additional or different provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.

Privacy Policy
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Gymeyes B.V. respects the privacy of all users of its website and processes personal data in compliance with the obligations arising from the European General Data Protection Regulation (AVG). Gymeyes B.V. uses the personal data provided by you functionally because you use our services and we want to provide you with the best and most personalized service possible to make your orders as fast and easy as possible. Gymeyes B.V. will only use the personal data you provide to us in accordance with the consent you have provided. Moreover, your personal data will not be used longer than strictly necessary to realize its purposes for which your personal data have been collected.

Purposes
Gymeyes B.V. uses the personal data collected for the following purposes: If you place an order with Gymeyes B.V., we need your first and last name, telephone number and e-mail address in order to process your order and keep you informed of its progress. To make shopping at Gymeyes B.V. as pleasant as possible, we store your personal information and the details of your order and visit to the website. If you place an order with Gymeyes B.V., we will store your personal data on an appropriately secure server. If you wish, you can create a user name and password so that you do not have to re-enter your first and last name, address details, telephone number, e-mail address, delivery address and IP address with every new order.

Security
Gymeyes B.V. will make every effort when processing your personal data to take effective technical and organizational measures to prevent abuse, loss, unauthorized access and/or any other form of unlawful and/or undesirable processing of your personal data. Should you have indications that despite these security measures, your personal data is being misused, please contact us immediately: info@byonesix.com

Use by third parties
Gymeyes B.V. will make your personal data available to third parties only to the extent that they are involved in the realization of the above purposes on behalf of Gymeyes B.V.

Rights
Those whose personal data have been processed by Gymeyes B.V. have a number of rights. These rights include :

- The right of inspection. This means that you can request to inspect the personal data that Gymeyes B.V. has collected from you;
- The right to rectification or correction of your personal data if they are incorrect or incomplete;
- The right to deletion of your personal data. In doing so, you should note that there may be circumstances in which Gymeyes B.V. is required to retain your personal data in order to comply with laws and (tax) regulations;
- The right to object to or request the restriction of the processing of your personal data;
- The right to file a complaint with the supervisory authority (Autoriteit Persoonsgegevens);
- The right to withdraw the given consent for processing.
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Cookies
Cookies are computer (text) files containing a small amount of information about the visitor and the visitor's computer, tablet or smartphone. This text file is stored by a web browser on the visitor's computer, tablet or smartphone when they first visit the website. The purpose of cookies is to remember various types of information and to ensure optimal technical operation of the website. This allows, for example, a visitor to automatically log in to the website, or to keep a web store's shopping basket filled. Cookies are not harmful to your computer, tablet or smartphone and the visitor can delete or block them at any time via her or his web browser. However, this may affect the functioning of the website.
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Third-party Internet sites?
This privacy and cookie policy does not apply to third-party Internet sites linked to this website. These third parties are themselves responsible for compliance with privacy laws.
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Changes to privacy and cookie policy
This privacy and cookie policy was last updated on February 3, 2021. Gymeyes B.V. reserves the right to make changes to this privacy and cookie policy. It is recommended that you consult this privacy and cookies policy regularly so that you are aware of these changes.
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Contact
If you would like further information or have any questions or complaints about the processing of your personal data and/or our privacy and cookies policy, please contact us at: info@byonesix.com. Our helpdesk will then assist you further.
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General terms and conditions - Business customers

Article 1 - To whom these agreements apply
These general terms and conditions apply to the cooperation agreement between Onesix and the Customer and are inseparable from it. These general terms and conditions apply to the exclusion of all general delivery and payment terms and conditions or any other general and special terms and conditions of the Customer. Deviations from or additions to these general terms and conditions or the agreement shall only be valid if expressly confirmed in writing by Onesix .

Article 2 - Quality of our services and what you may expect
Onesix will make every effort to deliver its services and products carefully and to the best of its ability. The Customer acknowledges that software, hardware and digital services are never completely free of errors, interruptions or failures. Onesix makes no warranty of error-free operation or uninterrupted availability. If an error or malfunction occurs, Onesix will make every effort to correct it as soon as possible. Any liability for damages resulting from errors, malfunctions, inaccurate data or system downtime is excluded, except for intentional, gross negligence or deliberate recklessness on the part of Onesix or its executives.‍

Article 3 - Joint responsibilities when using
Onesix is responsible for the delivery of hardware at the agreed locations, for the installation and connection between hardware and software if agreed, and for providing the agreed software functionality and maintenance.The Customer is responsible for a working WiFi network that meets the system requirements, for proper use of the hardware and software, and for providing and verifying accurate and complete data, including menu content, product information and prices.

Article 4 - Notices
Notices and notices under this Agreement shall be in writing, including bymail to the contact addresses provided by the parties. Anmail is deemed to be written and received at the time of delivery to the addressee's mail server.

Article 5 - Change of Location or Installation
If a Location is relocated, the Customer notifies this without delay; the agreement will continue at the new Location. Any costs for redesign or reinstallation of Hardware will be charged to the Customer. If an installation is changed or cancelled within 48 hours before the scheduled date, Onesix may charge €90 for administration and costs incurred.
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Article 6 - Payments and what we do in case of arrears
If the Client does not fulfill its payment obligations or does not do so in a timely manner, Onesix is entitled to suspend the services until the Client has fulfilled its obligations or new arrangements have been made in this regard.
Onesix is additionally entitled, after sending at least three payment reminders through various possible communication channels includingmail, SMS, WhatsApp or telephone contact, without further warning or notice of default, to set off outstanding, undisputed and due claims against monies processed by or through Onesix products or services, such as transactions through kiosks, terminals or software. Such deductions may be made from revenue funds accruing to Customer through Onesix 's systems. The Client expressly agrees that Onesix may make this deduction without prior approval.
Onesix is entitled to take back the delivered hardware, without releasing the Client from the obligation to pay outstanding invoices. The Customer hereby grants Onesix irrevocable permission, to the extent permitted by law, to have the hardware removed from the location without judicial intervention in case of payment default. All costs of collection, transportation and administration shall be borne entirely by the Customer. Onesix may charge administration costs in addition to interest and collection costs in case of late payment.

Article 7 - Termination of the cooperation by Onesix
Onesix may terminate the agreement in whole or in part with immediate effect when it deems it necessary, for example in the interest of security, compliance, integrity of systems, protection of personal data, prevention of damage, in case of persistent or serious shortcomings, in case of violation of laws and regulations, in case of reputation risk, in case of reasonable suspicion of abuse or fraud, in case of failure to pay, in case of drastic change in control or business operations of the Client, or when continuation cannot reasonably be required of Onesix .‍

Upon termination pursuant to this Article, the Customer shall not be entitled to compensation. If the termination is not due to a default on the part of the Customer and there are prepaid fees for services not yet delivered, Onesix will credit those amounts pro rata.
After termination, the Customer remains liable to pay all outstanding amounts immediately. Onesix will make an export of available customer data in a common format upon request for a period of thirty days after termination. After this period, operational copies will be deleted and backups will be overwritten according to the regular retention policy.
If hardware is owned by Onesix pursuant to the retention of title, Customer shall deliver it to Onesix upon first request and without delay or allow on-site pickup.

Article 8 - Termination by Parties
Either party may terminate the agreement in writing with one month's notice. Upon termination, the Customer shall return all devices, including tablets and/or Mac Minis, delivered by Onesix within two weeks. For late returns, the Customer shall owe €40 per month per undelivered device, excluding VAT, without prejudice to Onesix's other rights.
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Article 9 - Ownership of hardware until everything is paid
All hardware delivered by Onesix shall remain the property of Onesix until the Client has fully complied with all obligations arising from the agreement, including payment of purchase price, interest, costs and any other claims of Onesix on the Client. As long as ownership has not passed to Customer, Customer may not sell, pledge, lease, lend or otherwise encumber or transfer the hardware. The Customer is obliged to keep the hardware carefully and clearly mark it as the property of Onesix . If Customer is in default or Onesix has good reason to believe that it will be in default, Onesix is entitled to take back the hardware. The Customer hereby grants Onesix irrevocable permission to enter the location of the hardware and have it taken away, without judicial intervention, to the extent permitted by law.

Article 10 - Time limits for notification of claims
Unless the nature of the claim dictates otherwise, any legal claim or entitlement of the Customer against Onesix shall expire one year after the day on which the Customer became aware or could reasonably have become aware of the basis of that claim or entitlement.
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Article 11 - Availability, maintenance and care of data
Onesix will take reasonable technical and organizational measures to ensure the continuity, availability and security of its services. Regular backups of essential data will be made for the purpose of recovery in the event of technical failure. Onesix does not guarantee uninterrupted availability of its services and is not liable for any damages resulting from temporary unavailability, loss of data or corruption of data, unless there is intent, gross negligence or deliberate recklessness of Onesix. Customer is responsible for making its own copies or exports of company data, unless other arrangements are made in writing.

Article 12 - Tax Settings and Menu Data
Customer is fully and exclusively responsible for correct and complete configuration of all price and tax settings, including VAT rates, VAT codes and application rules in the software. Onesix provides no tax or legal advice and has no duty to substantively review or verify any data or settings provided by the Customer. Changes to menu, prices, products or tax settings are made only at the request or with the prior approval of the Customer. The Customer guarantees their accuracy and legality. The Customer shall periodically check whether the configuration and applied VAT are correct and shall inform Onesix immediately in case of suspected inaccuracies. Onesix will make every effort to restore the configuration. Onesix shall not be liable for assessments, fines, surcharges, interest or other costs of tax authorities resulting from incorrect or incomplete data or settings of the Customer or from changes made at the request or with the approval of the Customer. This exclusion does not apply in cases of intentional, gross negligence or deliberate recklessness of Onesix or its executives. The Customer shall indemnify Onesix against claims and costs of third parties, including tax authorities, related to incorrect or incomplete menu or tax data of the Customer or changes requested by the Customer, and shall reimburse the reasonable costs of defense and legal assistance. Upon request, Onesix shall maintain a work log of changes made to menu and tax settings with date, time and declarant. Onesix may charge a reasonable fee for this.
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Article 13 - KYC data for payment processors
The Customer shall timely and fully provide Onesix with all data and documents necessary for identification and verification of the Customer and its ultimate stakeholders or directors in accordance with the requirements of know your customer and anti-money laundering regulations of the relevant payment processor. Onesix may only use this data to enable onboarding and assessment by the payment processor and to comply with related legal obligations. Onesix treats this data confidentially, implements appropriate technical and organizational security measures and does not retain the data longer than necessary for the stated purposes or as long as required by law. If the payment processor requires additional information or updating, the Customer shall provide it upon first request. Insofar as the payment processor acts as an independent controller, it processes the data under its own responsibility and conditions. Where Onesix acts as processor for the Client, the arrangements in the processor agreement shall apply.

Article 14 - Cooperating with partners and suppliers
Onesix may use third parties, including hardware, software and hosting partners, in the performance of its services. The Client agrees that Onesix may have work partially performed by third parties. Onesix shall not be liable for failures of carefully selected third parties unless it knew or reasonably should have known that they could not fulfill their obligations. The Customer shall accept the applicable terms and conditions of these third parties if necessary for the use of the products or services provided.
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Article 15 - Payment processor and transition
Onesix may switch payment processors as long as the direct transaction costs for the Customer remain the same. Transaction fees are defined as the processor's pass-through processing fees and scheme fees, excluding charges for chargebacks, chargebacks, refunds and penalties from the processor. Onesix shall notify a proposed transition at least four weeks prior to the transition and provide the Customer with the necessary instructions. Customer shall cooperate with the transition as necessary, including providing or updating KYC data and completing any onboarding steps with the new processor. Costs directly related to the transition shall be borne by Onesix, excluding staff hours on the Customer's side and external costs incurred by the Customer itself with third parties. Onesix shall endeavor to provide uninterrupted service during the transition and shall not be liable for temporary limitations that are unavoidable for the implementation of the transition, except for intentional, gross negligence or deliberate recklessness on the part of Onesix. Handling of chargebacks and chargebacks will follow the procedure of the relevant payment processor. Any charges resulting from chargebacks may be passed on to the Customer.

Article 16 - Results and growth expectations
Any forecasts, comparisons, benchmarks, calculation examples and customer cases about results or revenue growth are for illustrative purposes only and are based on data from existing customers under specific circumstances. This information does not constitute a commitment or guarantee that the Customer will achieve similar results. Onesix shall not be liable for any failure to achieve intended results or revenue growth, except for intentional, gross negligence or deliberate recklessness on the part of Onesix or its executives. The Client remains at all times responsible for its own commercial policy, pricing, marketing, personnel and operational processes.
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Article 17 - Prices
Onesix is entitled to change the prices of its products and services. A price change will be communicated to the Customer in writing or electronically at least one month before the effective date. The Customer has the right to terminate the agreement immediately until no later than the effective date of the price change, unless otherwise agreed in the cooperation agreement. Price changes resulting directly from changes in laws or regulations, including tax or levy rates, do not entitle the Customer to cancel. For already paid or ongoing billing periods, the originally agreed prices remain in effect until the end of the relevant period. By using the Services after the effective date of the price change, the Customer shall be deemed to have agreed to the changed prices.
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Article 18 - Photos
Photos taken in or through the Kiosk of products and expressions are the property of Onesix. Onesix may use these photos for documentation and marketing, unless the Client objects in writing.

Article 19 - Intellectual property and use
The intellectual property rights to the software and other materials developed by Onesix remain the property of Onesix. The Customer shall indemnify Onesix against all claims by third parties relating to the use of the Hardware and Software, including claims for infringement of intellectual property rights. Onesix may modify or replace the Hardware and/or Software functionally or technically. If any modification results in a material reduction in core functionality, Onesix shall provide a reasonable alternative solution or give the Customer the right to terminate the agreement without compensation. Onesix shall provide no warranty beyond that provided by its supplier, unless otherwise agreed in writing.

Article 20 - Liability and Indemnification
Onesix shall not be liable for unlawful use of the hardware or software by the Client or its personnel. The Client shall indemnify Onesix against claims of third parties in connection with damage arising from the use of the hardware or software. On parts of the services obtained by Onesix from third parties, no warranty will ever exceed the warranty provided to Onesix by the relevant supplier. The total liability of Onesix shall at all times be limited to direct damage and to the amount paid by the Client to Onesix in the three months preceding the incident of damage, unless the damage is the result of intent, gross negligence or deliberate recklessness of Onesix or its executives.‍

To the extent permitted by law, Onesix shall not be liable for indirect or consequential damages, including lost profits, missed savings, reputational damage, loss or corruption of data and loss of business as a result of downtime or reduced availability of the services, except in the case of willful misconduct, gross negligence or deliberate recklessness of Onesix or its executives.

Article 21 - Confidentiality
Parties shall treat the existence and content of this agreement, as well as all business information obtained from each other, as confidential. Disclosure shall only be permitted to the extent necessary for performance, or if required by law or court order.

Article 22 - Unforeseen circumstances and security incidents
Onesix shall not be bound to fulfill any obligation if prevented from doing so by force majeure. Force majeure includes power failures, Internet or network failures, delays or shortcomings of suppliers, viruses, hacks, fire, government measures or other external causes that prevent the performance of the agreement, with the exception of security incidents that are the result of deficient security by Onesix itself. In case of a security incident or hack, Onesix shall take reasonable measures to limit the damage and inform the Client as soon as possible. During a force majeure situation, Onesix shall not be liable for any damages, costs or interest. If the force majeure situation continues for more than thirty days, each party shall be entitled to terminate the agreement for the part that cannot be performed.
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Article 23 - Use of the Services and what is not permitted
The Customer shall only use the hardware and software in accordance with laws and regulations and these Terms and Conditions. It is not permitted to use the Services for unlawful content or activities, spreading malware, disrupting network or system operation, bypassing security measures, performing (pen) tests or scans without Onesix's prior written consent, mass sending of unsolicited messages, scrapping or data mining of Onesix 's systems outside the provided interfaces, or reverse-engineering, decompiling or modifying software except to the extent permitted by mandatory law. Onesix may take measures in case of a (suspected) violation, including suspension, limitation of functionality or termination in accordance with these terms and conditions.

Article 23 - Anti-corruption, integrity, sanctions and prohibited acts
Parties shall comply with applicable anti-bribery and anti-corruption legislation (including in any case Dutch law and, to the extent applicable, FCPA/UK Bribery Act). It is not permitted to offer, solicit or provide unlawful benefits, gifts or payments directly or through third parties to influence business decisions. Facilitation payments are not permitted. Reasonable and proportionate business gifts or hospitality are permitted only to the extent that they are not intended or suitable to exert undue influence. The Client shall ensure proper administration and internal controls to ensure compliance. A (suspected) violation gives Onesix the right to terminate the agreement with immediate effect.‍

Customer agrees to comply with all applicable export, re-export, sanctions and trade laws and regimes (including EU and Netherlands, and where applicable US/UK). The Services may not be used in, to or for the benefit of embargoed or sanctioned countries, entities or persons. The Customer represents that it is not a sanctioned party and is not controlled by such parties. Changes in this status shall be promptly reported to Onesix . Onesix may suspend or terminate services if necessary to comply with export or sanctions regulations.
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Article 24 - Illegal Sales and Prohibited Goods/Services
Onesix is not a party to any transactions between the Customer and its customers and accepts no liability for (attempted) illegal sales of products or services through hardware/software provided by Onesix (including sales in violation of age limits, licensing or product regulations). The Customer is fully responsible for the legality of the products/services offered, compliance with applicable (consumer) legislation and any required age or identity checks. In case of signals of (suspected) illegal sales, Onesix may take appropriate measures, including suspension or termination of services and blocking of functionality. In such cases, Onesix will take appropriate steps without delay, including reporting to the payment processor and - to the extent required or permitted by law - to the competent authorities. The Customer shall indemnify Onesix for claims, fines and costs arising from such illegal sales.
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Article 25 - Money Laundering and Terrorist Financing (AML/CFT)
‍TheCustomer shall not use the Services for money laundering or terrorist financing purposes and shall comply with all applicable AML/CFT regulations. Onesix is not a financial institution and does not conduct customer due diligence beyond what is necessary for onboarding with the payment processor; Onesix assumes no liability for violations of AML/CFT obligations by the Customer. In the event of (suspected) unusual or suspicious transactions, Onesix may suspend or terminate the provision of services, share relevant information - to the extent permitted or required by law - with the payment processor and/or competent authorities and take other measures reasonably necessary to comply with applicable laws and regulations. Customer shall provide all reasonable cooperation and indemnifies Onesix for claims, fines and costs arising from violations of AML/CFT rules by Customer.

Article 26 - Applicable law and disputes
This agreement is governed by Dutch law. The District Court of Oost-Brabant has exclusive jurisdiction to hear disputes between the parties.
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