Terms and Conditions

Thank you for choosing Spectacle B.V. (“Spectacle”)! Spectacle provides an online platform located at spectaclehq.com, designed to empower businesses (“Customer” or collectively “Customers”) to optimize their online marketing strategies. These Terms and Conditions govern your access to and use of our website (the “Site”) and our tools and services (collectively, the “Service”). By using our Site, you agree to these Terms and Conditions in full. Please review them carefully.

1. Eligibility and Age Requirement

You must be at least 18 years old to access and use our Site and Service. By agreeing to these Terms, you warrant that you are of legal age and capable of entering into binding agreements.

2. Acceptable Use

  • Prohibited Activities You may not:
    • Use the Site or Service in any unlawful, harmful, or fraudulent manner.
    • Engage in activities that impair the functionality, availability, or accessibility of the Site.
    • Conduct systematic or automated data collection (e.g., scraping, data mining) without prior written permission from Spectacle.
  • System Integrity: You agree not to:
    • Reverse engineer or modify any aspect of the Site or Service.
    • Upload, transmit, or distribute any malicious code, such as viruses or worms.
    • Overburden the Site or attempt unauthorized access to any systems connected to it.

3. Acceptance of Terms

By accessing or using the Site, you acknowledge and accept these Terms and Conditions. If you do not agree with any part of these Terms, you must refrain from using the Site or Service.

4. Modifications to Terms

Spectacle reserves the right to amend these Terms at any time. Updated Terms will be posted on the Site, and continued use of the Service constitutes acceptance of the modifications. It is your responsibility to review these Terms periodically.

5. Registration

  • Eligibility: Registration requires providing accurate and up-to-date information.
  • Account Creation: To use the Service, Customers must register by providing accurate and up-to-date information, including their name, email address, and payment details.
  • Account Security: Customers are responsible for maintaining the confidentiality of their account credentials. Spectacle is not liable for unauthorized account access due to negligence.

6. Payment

  • Billing: Payments are processed in advance based on the subscription plan selected, as outlined on our Pricing Page. Subscriptions are billed monthly or annually.
  • Trial Period: A free trial is available. Billing begins automatically upon expiration unless canceled beforehand.
  • Additional Services: Optional features are subject to additional fees.

7. Refund Policy

  • Trial Cancellation: Customers may cancel within the indicated number of trial days without getting billed.
  • Subscription Cancellation: Canceling a subscription stops future charges but does not result in refunds for the remainder of the paid term (monthly or annual).

8. Upgrades and Downgrades

Customers can modify their subscription level at any time. Changes are subject to prorated charges or adjustments based on the timing and type of subscription.

9. Termination

  • By Spectacle: Spectacle may terminate accounts at its discretion for violations of these Terms or for other reasons deemed necessary. Termination may include loss of account access and data deletion.
  • By Customer: Customers may cancel their accounts through their settings page. Upon cancellation, all account content may be permanently deleted.

10. Intellectual Property

The Site and Service, including all original content and functionality, are protected by intellectual property laws. Customers retain ownership of their content but grant Spectacle a license to use it for Service functionality.

11. Limitation of Liability

Spectacle is not liable for:
  • In no event shall the Company or its employees or contractors be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on the Site and/or the Service
  • In no event will the Company be liable for any consequential, special, direct, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Service, (ii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iii) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, or for any loss or damage of any kind incurred as a result of the use of the Service, however, caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. The Advertisers acknowledge that the amounts payable under these Terms and Conditions are based in part on these limitations and further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • The Company shall not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of the use of the Service whether such loss is incurred or suffered as a result of negligence or otherwise.
  • Anyway, the Company’s liability will never exceed the fees paid by the Customers in the year immediately preceding the event causing the damages.
  • The Customer agrees that the above limitations of liability are reasonable in all the circumstances.
  • The access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company will attempt to restore the Service as soon as reasonably possible.
  • From time to time, it may be necessary to suspend access to the Service for a period of time, and any such interruptions shall not constitute a breach by the Company of these Terms and Conditions.
  • By using this Site and/or the Service, the Customer agrees that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable.

12. Indemnification

Customers agree to indemnify and hold Spectacle harmless against any claims, damages, or expenses resulting from their use of the Service or violation of these Terms.

13. General Provisions

  • Third-Party Services: Spectacle may rely on third-party vendors for certain services.
  • Bandwidth Limits: Excessive bandwidth usage may result in account suspension or service restrictions.
  • Force Majeure: Spectacle is not responsible for delays or failures caused by events beyond its control, including natural disasters or government actions.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Netherlands. Disputes will be subject to the exclusive jurisdiction of the courts in Amsterdam.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Spectacle, superseding all prior agreements. For questions or concerns, please contact us at support@spectacle.com.