1. Identification of the Provider
These Terms of Use are issued by:
- Legal name: NovaTerrae B.V.
- Registered address: Ericsonstraat 2, 5121 ML Rijen, Netherlands
- Chamber of Commerce (KvK): 81631634
- VAT number: NL862163390B01
- Legal contact email: info@novaterrae.nl
2. Definitions & Interpretation
- “BAP” or “Application” means the Business Automation Pack for Microsoft Dynamics 365 Business Central.
- “Customer” means the legal entity purchasing or using BAP.
- “User” means an employee or contractor authorized by the Customer.
- “Services” means BAP, related documentation, support, and updates.
- “Configuration” means settings, rules, roles, approvals, and workflows defined by the Customer.
- “Data” means business data, logs, audit trails, and any personal data processed in BAP.
- “AI Functionality” means any AI-assisted or automated feature now or later introduced.
BAP does not provide legal, accounting, or compliance advice. Any examples or outputs are informational only.
3. Scope of the Terms
These Terms apply to:
- Website: use of the novaterrae.nl website, including all content, forms, and interactive features.
- Software: use of BAP (Business Automation Pack) within Microsoft Dynamics 365 Business Central, including related documentation, updates, and patches.
- Support: support services provided by NovaTerrae, including incident handling, onboarding assistance, and configuration guidance. SLA terms may apply separately where agreed.
- AI functionality: any AI-assisted or automated features within BAP, as described in section 9.
- Trial versions: optional trial or evaluation versions of BAP.
These are B2B terms only; consumer protections do not apply. Where separate agreements (e.g., SLA, partner agreement, or data processing agreement) apply, those take precedence on the specific topics they cover.
4. License Grant
Subject to compliance with these Terms and any order or partner agreement, NovaTerrae grants the Customer a non-exclusive, non-transferable, non-sublicensable license to use BAP solely for the Customer’s internal business operations within its licensed Microsoft Dynamics 365 Business Central environment(s).
5. Restrictions on Use
- No reverse engineering, decompiling, or attempting to derive source code.
- No bypassing security, license controls, or usage limitations.
- No unlawful, infringing, or abusive use.
- No use outside supported Business Central versions or environments.
- No interference with Microsoft licensing or AppSource policies.
6. Dependency on Microsoft & Third Parties
BAP depends on Microsoft Dynamics 365 Business Central and related Microsoft services. NovaTerrae is not responsible for Microsoft downtime, API changes, AppSource policy changes, or third-party service disruptions. Microsoft is not a party to this agreement.
7. Configuration & Customer Responsibility
BAP operates based on the Customer’s Configuration. The Customer is responsible for configuration choices, role assignments, approval flows, escalation logic, and data quality. NovaTerrae is not responsible for outcomes caused by the Customer’s Configuration.
8. Data Processing & GDPR
BAP may process personal data, including logging, audit trails, and monitoring data. The Customer acts as data controller and NovaTerrae acts as processor (or joint controller if applicable). Processing details are set out in the Privacy Statement.
9. AI Functionality
If AI Functionality is enabled, outputs are informational and not guaranteed to be correct or complete. AI does not constitute legal, accounting, or compliance advice. Unless explicitly stated otherwise, no fully automated decision-making occurs; human oversight remains required and the Customer remains responsible for decisions made based on AI output.
10. Availability & Support
BAP is provided “as is” and without guaranteed uptime unless a separate SLA applies. Support is provided via agreed channels and business hours. Support excludes issues caused by Customer customizations, third-party extensions, or unsupported environments.
11. Updates & Changes
NovaTerrae may add, modify, or remove features and may update these Terms. Material changes will be communicated. Continued use of BAP after changes become effective constitutes acceptance.
12. Fees & Billing
Pricing and payment terms are set out in the applicable order, partner agreement, or pricing page. Non-payment may result in suspension or termination of access.
13. Intellectual Property
All intellectual property rights in BAP and related materials remain with NovaTerrae or its licensors. The Customer receives usage rights only. Feedback may be used to improve BAP without obligation.
14. Confidentiality
Each party must protect the other’s confidential information and use it only for performing under these Terms. Confidential information excludes information that is public, independently developed, or disclosed by law.
15. Limitation of Liability
To the maximum extent permitted by law, NovaTerrae is not liable for indirect, incidental, special, or consequential damages, loss of profits, or business interruption. NovaTerrae’s total liability is limited to the fees paid by the Customer for BAP in the twelve (12) months preceding the event giving rise to the claim.
16. Indemnification
The Customer will indemnify and hold NovaTerrae harmless from claims arising from misuse of BAP, unlawful configurations, or Customer data that infringes third-party rights.
17. Termination
Either party may terminate for material breach if not cured within a reasonable period. NovaTerrae may suspend or terminate access immediately for serious breach or unlawful use. Upon termination, the license ends and access is revoked. Data handling follows the Privacy Statement and any applicable agreements.
18. Governing Law & Jurisdiction
These Terms are governed by Dutch law. Any disputes will be submitted to the competent court in the Netherlands in the district of NovaTerrae’s registered office.
19. Entire Agreement & Severability
These Terms constitute the entire agreement on the subject matter and supersede prior communications. If any clause is held invalid or unenforceable, the remainder remains in effect.
20. Contact for Legal Notices
Legal notices should be sent to: info@novaterrae.nl and the registered address above.