Terms of Service

Definitions

In these Terms, unless the context requires otherwise, the following definitions apply:

• "Account" means a registered user account on the Platform, providing access to the Platform's features and services.
• "Content" means any text, images, photographs, videos, data, files, listings, reviews, ratings, messages, or other materials uploaded, posted, transmitted, or otherwise made available on or through the Platform.
• "Equipment" means any machinery, vehicles, tools, industrial assets, or other items listed for sale or auction on the Platform.
• "Marketplace" means the online marketplace operated by Haubot through the Platform, where Equipment may be listed, auctioned, and sold.
• "Services" means all features, tools, functionalities, and services provided by Haubot through the Platform, including but not limited to Equipment listings, auction facilitation, transaction processing, logistics coordination, and customer support.
• "User Content" means any Content submitted, uploaded, or posted by a User on the Platform, including Equipment descriptions, photographs, reviews, and communications.
• "Business Day" means any day on which banks in Amsterdam, Netherlands, are open for regular business.

Eligibility and Account Registration

The Platform is designed exclusively for business-to-business (B2B) transactions. By registering an Account, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding agreements.
• You are acting on behalf of a legally established business entity, and you are duly authorized to bind that entity to these Terms.
• You are not a private individual acting as a consumer. Haubot does not offer its Services to consumers and explicitly prohibits consumer participation in any transactions on the Platform.
• The business entity you represent is validly registered under the laws of its jurisdiction of incorporation and is in good standing.
• Neither you nor your business entity are subject to any trade sanctions, embargoes, or restrictions imposed by the European Union, the United States, or any other applicable authority.

To register an Account, you must complete the registration form and provide all required information accurately and completely. This includes, but is not limited to, valid proof of identity, company registration documents, and a valid VAT number where applicable. Haubot reserves the right to request additional documentation at any time to verify your identity and business status.

All registrations are subject to review and approval by Haubot. We reserve the sole and absolute discretion to accept or reject any registration without providing a reason. Approval of your registration does not constitute any guarantee regarding the availability of Services or the outcome of any transaction.

Account Security and Responsibilities

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You agree to:

• Keep your login credentials secure and not share them with any unauthorized third party.
• Immediately notify Haubot of any unauthorized access to or use of your Account, or any other security breach, by contacting us at [email protected].
• Accept full responsibility for all activities that occur under your Account, whether or not authorized by you. Haubot shall not be liable for any loss or damage arising from your failure to protect your Account credentials.
• Ensure that all information associated with your Account is accurate, complete, and kept up to date at all times. You must promptly update your Account information if any changes occur.

Each Account is intended for use by a single business entity. You may not create multiple Accounts for the same entity without prior written authorization from Haubot. Haubot reserves the right to merge or remove duplicate Accounts at its discretion.

Haubot may, at any time and without prior notice, temporarily or permanently suspend, restrict, or terminate your Account if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason deemed necessary to protect the integrity of the Platform and its users.

Permitted Use of the Platform

You are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Platform strictly for the purposes of buying, selling, or browsing Equipment within the Marketplace, in accordance with these Terms. This right does not include any license to the underlying software, code, or infrastructure of the Platform.

You agree to use the Platform only for lawful purposes and in a manner that does not infringe upon, restrict, or inhibit the use and enjoyment of the Platform by any other User. You shall at all times comply with all applicable local, national, and international laws, regulations, and ordinances while using the Platform.

Prohibited Conduct

You expressly agree not to engage in any of the following activities, directly or indirectly, when using the Platform:

• Fraud and Misrepresentation: Providing false, misleading, or inaccurate information in your Account registration, Equipment listings, bids, or any communications on the Platform. This includes impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
• Market Manipulation: Engaging in bid rigging, shill bidding, price fixing, artificially inflating or deflating prices, or any other form of market manipulation that undermines the fairness and integrity of the Marketplace.
• Circumvention: Attempting to contact sellers or buyers identified through the Platform for the purpose of conducting transactions outside the Platform, thereby circumventing Haubot's commission structure and Services.
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Platform, other user Accounts, computer systems, or networks connected to the Platform, through hacking, password mining, brute force, or any other unauthorized means.
• Data Harvesting: Using any automated means, including bots, scrapers, crawlers, spiders, or data mining tools, to access, collect, copy, monitor, or extract data or Content from the Platform without Haubot's prior written consent.
• Interference: Introducing viruses, malware, trojan horses, worms, logic bombs, or any other material that is technologically harmful. Taking any action that imposes an unreasonable or disproportionately large load on the Platform's infrastructure, or that interferes with the proper functioning of the Platform.
• Illegal Activities: Using the Platform in connection with money laundering, terrorist financing, tax evasion, sanctions violations, or any other illegal activity under applicable law.
• Intellectual Property Infringement: Uploading, posting, or transmitting any Content that infringes upon the intellectual property rights, trade secrets, or proprietary rights of Haubot or any third party.
• Abusive Behavior: Engaging in harassing, threatening, defamatory, obscene, or otherwise objectionable behavior toward other Users, Haubot employees, or any third party through the Platform's communication channels.
• Reselling Platform Access: Sublicensing, selling, reselling, or commercially exploiting access to the Platform or any Services without Haubot's express written authorization.

Haubot reserves the right to investigate and take appropriate action against any User who, in Haubot's sole judgment, violates these prohibitions. Such actions may include, without limitation, issuing a formal warning, temporarily suspending or permanently terminating the offending Account, removing offending Content, forfeiting security deposits, reporting the conduct to law enforcement authorities, and pursuing any available legal remedies.

Intellectual Property Rights

All intellectual property rights in and to the Platform, including but not limited to the website design, layout, graphics, logos, trademarks, service marks, trade names, domain names, source code, object code, software, databases, text, images, videos, and all other content and materials provided by Haubot (collectively, "Haubot IP"), are and shall remain the exclusive property of Haubot International B.V. and its licensors. These rights are protected by Dutch and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

No part of the Haubot IP may be reproduced, distributed, modified, adapted, displayed, published, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose without the prior express written consent of Haubot. The use of the Platform does not grant you any ownership interest in or license to any Haubot IP beyond the limited right of access described in these Terms.

The Haubot name, logo, and all related product and service names, design marks, and slogans are registered or unregistered trademarks of Haubot International B.V. You are strictly prohibited from using any of these marks without our prior written permission. All other trademarks, trade names, and logos appearing on the Platform are the property of their respective owners.

User Content

The Platform allows Users to submit, upload, post, transmit, record or otherwise make available various types of Content through every input point made available on the Platform, including but not limited to: Equipment listings, photographs, videos, descriptions, specifications, reviews and ratings; direct messages, group-chat messages, listing inquiries, Saved Messages, attachments, voice notes and other Messenger content; recorded SecureCall audio files and call metadata; Network posts, stories, polls, comments and other social-feed content; Trade Hub inquiries and responses; Trade Circle membership, access requests and circle-only listings; UnitVault document uploads, snapshots and disclosure records; profile content (business profile, company description, logos, banners, employee profiles); and any other user-submitted material made available through any current or future Platform feature (collectively, "User Content"). You are solely responsible for all User Content that you submit, upload, post, transmit, record or otherwise make available on the Platform, regardless of the input point or feature through which it is submitted.

By submitting, uploading, or posting User Content on the Platform, you grant Haubot a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, crop, edit, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media format and through any distribution channel, for the purpose of operating, promoting, and improving the Platform and the Marketplace. This license includes the right to remove watermarks, overlays, or other markings from images where Haubot deems it necessary.

You represent and warrant that:

• You are the original creator or lawful owner of the User Content, or you have obtained all necessary rights, licenses, consents, and written permissions from the rightful owner to submit the User Content and to grant the license described above.
• The User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights (including copyrights, trademarks, patents, and trade secrets), rights of publicity or privacy, or any other proprietary rights.
• All photographs and images you upload are either taken by you or on your behalf, or you have obtained explicit written authorization from the copyright holder to use and distribute them on the Platform.
• The User Content does not contain any watermarks, logos, branding, overlays, or other markings belonging to third parties, other online platforms, marketplaces, or competitors, unless such markings are an integral and unremovable part of the Equipment itself (e.g., a manufacturer's nameplate physically affixed to the Equipment).
• The User Content is accurate, truthful, and not misleading, particularly with respect to Equipment descriptions, specifications, photographs, condition assessments, and operational status.
• The User Content does not contain any defamatory, libelous, obscene, threatening, discriminatory, or otherwise unlawful material.
• The User Content does not contain any personal data of third parties (such as names, faces, license plates, or contact information) unless you have obtained valid consent from those individuals in accordance with applicable data protection laws.

Haubot does not pre-screen or systematically review all User Content prior to publication but reserves the right (though not the obligation) to monitor, review, edit, crop, remove, or refuse to display any User Content at any time and for any reason, including but not limited to Content that, in Haubot's sole judgment, violates these Terms, infringes third-party rights, or is otherwise objectionable. Haubot assumes no responsibility or liability for any User Content posted by Users, and the presence of User Content on the Platform does not constitute an endorsement by Haubot of the accuracy, legality, or quality of such Content.

The representations, warranties and responsibilities set out in this User Content section apply uniformly to every category and every input point of User Content listed above. The fact that a particular feature of the Platform — such as Messenger, voice calls, SecureCall, Network, Trade Hub, Trade Circles, UnitVault or any future feature — is governed by a Supplemental Policy with its own service-specific rules does not narrow, weaken or replace the User Content representations, warranties, indemnification and intellectual property obligations set out in these Terms. The Supplemental Policies may impose additional rules; they do not reduce the rules in these Terms.

You acknowledge and agree that you bear full legal responsibility for all User Content you submit, upload, post, transmit or record through any Platform feature. If any third party brings a claim against Haubot in connection with User Content submitted by you — including but not limited to claims relating to intellectual property infringement (such as copyright, trademark, patent, design or trade-secret claims), unauthorized use of third-party brand markings, watermarks, logos or platform branding, defamation, breach of confidentiality, breach of contract, violation of privacy or data-protection law, or any other third-party right — you shall be solely liable for such claim and shall indemnify and hold Haubot harmless in accordance with the Indemnification section of these Terms.

Content Standards and Prohibited Content

All User Content submitted to the Platform must comply with the following standards. Failure to adhere to these standards may result in the immediate removal of the offending Content, suspension or termination of your Account, forfeiture of any security deposits, and potential legal action.

Photographs and Visual Content:

• All photographs must be original images of the actual Equipment being listed. Stock photographs, images sourced from the internet, images from manufacturer brochures or catalogs, and images of similar but different Equipment are strictly prohibited.
• Photographs must not contain watermarks, logos, website URLs, phone numbers, or any branding of third-party platforms, competing marketplaces, or any other entity. This includes, but is not limited to, overlaid text, corner logos, banner watermarks, and semi-transparent brand marks.
• Photographs must not be digitally manipulated in a manner that misrepresents the actual condition, appearance, size, or features of the Equipment. Reasonable adjustments for brightness, contrast, and cropping are permitted, provided they do not alter the Equipment's true representation.
• Photographs must not depict identifiable individuals without their explicit consent, nor display visible license plates, registration numbers, or other personally identifiable information of third parties.
• Photographs must not contain offensive, inappropriate, violent, sexually explicit, or otherwise objectionable imagery.

Equipment Descriptions and Listings:

• Descriptions must accurately represent the Equipment, including its make, model, year of manufacture, condition, operational status, known defects, and any relevant history such as prior damage or repairs.
• Descriptions must not contain false or misleading claims about the Equipment's capabilities, certifications, compliance status, or provenance.
• Descriptions must not include contact information (email addresses, phone numbers, physical addresses, social media handles, or website URLs) intended to facilitate transactions outside the Platform.
• Descriptions must not contain promotional material, advertisements, or links to external websites or competing platforms.
• Descriptions must not include copyrighted text copied from other sources, including other platforms, manufacturer websites, or third-party publications, without proper authorization.

Communications and Messages:

• All communications between Users through the Platform's messaging system must be conducted in a professional and respectful manner.
• Messages must not contain spam, unsolicited advertisements, promotional materials, or links to external websites unrelated to the transaction at hand.
• Messages must not be used to solicit transactions outside the Platform, share contact details for the purpose of circumventing the Marketplace, or engage in any form of harassment, threats, or intimidation.
• Messages must not contain malicious links, attachments, or any content designed to compromise the security of other Users or the Platform.
• Voice calls between Users (including the recorded SecureCall mode) and other communication-related Platform services are additionally governed by the Platform Services Terms, which set out consent, retention and immutability rules for SecureCall recordings.

Reviews and Ratings:

• Reviews must be based on genuine first-hand experience with the transaction or the Equipment in question.
• Fake reviews, paid reviews, self-reviews (reviewing your own listings or transactions using alternate Accounts), and coordinated review manipulation are strictly prohibited.
• Reviews must not contain defamatory, libelous, or maliciously false statements about other Users, Haubot, or any third party.

Intellectual Property Infringement and Takedown Procedure

Haubot respects the intellectual property rights of others and expects its Users to do the same. If you believe that any User Content on the Platform infringes your copyright, trademark, or other intellectual property rights, you may submit a formal infringement notification to Haubot.

Filing an Infringement Notice: To submit an infringement notice, please send an email to [email protected] containing the following information:

• A clear identification of the copyrighted work, trademark, or other intellectual property that you claim has been infringed, including registration numbers where applicable.
• A specific identification of the User Content that you claim is infringing, including the URL or other location on the Platform where the allegedly infringing Content can be found.
• Your full legal name, mailing address, telephone number, and email address.
• A statement that you have a good-faith belief that the use of the identified Content is not authorized by the intellectual property owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the owner of the intellectual property right or are authorized to act on behalf of the owner.
• Your physical or electronic signature.

Haubot's Response: Upon receipt of a valid infringement notice, Haubot will promptly investigate the claim and, if warranted, take appropriate action, which may include:

• Removing or disabling access to the allegedly infringing User Content.
• Notifying the User who submitted the Content of the infringement claim and providing them with a copy of the notice.
• Suspending or restricting the offending User's Account pending resolution of the claim.

Counter-Notification: If you believe that your User Content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to [email protected] containing: your full legal name, address, and contact information; identification of the Content that was removed; a statement under penalty of perjury that you have a good-faith belief that the Content was removed as a result of mistake or misidentification; your consent to the jurisdiction of the courts of Amsterdam, Netherlands; and your physical or electronic signature. Haubot will evaluate the counter-notification and may restore the Content if it determines that the original infringement notice was not valid.

Repeat Infringers: Haubot maintains a policy of terminating the Accounts of Users who are found to be repeat infringers of intellectual property rights. A User who receives three or more valid infringement notices may have their Account permanently terminated without prior warning and without any right to a refund of fees, deposits, or other amounts paid.

Good Faith Requirement: Haubot reserves the right to disregard infringement notices that appear to be filed in bad faith, for competitive purposes, or as a means of harassment. Submitting a knowingly false or materially misleading infringement notice may expose you to liability for damages, including costs and legal fees incurred by Haubot or the affected User.

Platform Availability and Modifications

Haubot strives to ensure that the Platform is available and functioning at all times. However, the Platform is provided on an "as available" basis, and Haubot does not guarantee uninterrupted, timely, secure, or error-free access to the Platform. Access to the Platform may be temporarily suspended or restricted for maintenance, upgrades, security patches, or reasons beyond Haubot's control, including but not limited to force majeure events, internet service failures, or third-party service outages.

Haubot reserves the right, at any time and without prior notice, to:

• Modify, update, or discontinue any feature, functionality, or service of the Platform, whether temporarily or permanently.
• Change the technical requirements for accessing the Platform, including supported browsers, operating systems, or device specifications.
• Impose new limitations on the use of the Platform, including storage limits, bandwidth restrictions, or transaction volume caps.

Haubot shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

Third-Party Links and Services

The Platform may contain links to third-party websites, applications, or services that are not owned, operated, or controlled by Haubot. These links are provided solely for your convenience and informational purposes. Haubot does not endorse, guarantee, or assume any responsibility for the content, accuracy, privacy practices, or policies of any third-party websites or services.

Your interaction with any third-party website or service, including those linked from the Platform, is governed solely by the terms and conditions and privacy policies of that third party. Haubot shall not be a party to, or be responsible or liable for, any transaction or interaction between you and any third party. You acknowledge and agree that Haubot is not responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

Fees and Charges

Access to certain features and Services of the Platform may be subject to fees, commissions, and charges as described in the applicable Supplemental Policies. Haubot reserves the right to introduce new fees or modify existing fee structures at any time, provided that such changes shall apply only to future transactions and will not retroactively affect completed transactions.

Any fees, commissions, or charges payable to Haubot are exclusive of all applicable taxes, including value-added tax (VAT), goods and services tax (GST), sales tax, withholding tax, customs duties, and any other governmental levies. Unless explicitly stated otherwise in the applicable Supplemental Policy, you are responsible for the payment of all such taxes in connection with your use of the Platform and any transactions conducted thereon.

Haubot may, from time to time, offer promotional rates, discounts, or fee waivers at its sole discretion. Such promotions are temporary and do not create any entitlement to continued preferential pricing.

Anti-Money Laundering and Sanctions Compliance

Haubot is committed to complying with all applicable anti-money laundering (AML) laws, Know Your Customer (KYC) regulations, counter-terrorism financing (CTF) laws, and international sanctions regimes, including those maintained by the European Union, the United Nations, and the Office of Foreign Assets Control (OFAC) of the United States.

As part of our compliance obligations, Haubot may:

• Require you to provide additional identification documents, proof of source of funds, beneficial ownership information, or other documentation necessary to verify your identity and the legitimacy of your transactions.
• Conduct ongoing due diligence and monitoring of your Account activity and transactions.
• Delay, block, freeze, or refuse to process any transaction that Haubot suspects may involve money laundering, terrorist financing, sanctions evasion, or other illicit activity.
• Report suspicious transactions to the relevant Financial Intelligence Unit (FIU) or other competent authority without prior notice to you, as required by law.

You represent and warrant that all funds used in connection with transactions on the Platform are derived from legitimate sources, and that no transaction conducted through the Platform will violate any applicable AML, KYC, CTF, or sanctions laws. Failure to comply with these requirements may result in immediate Account suspension or termination, forfeiture of funds, and referral to law enforcement authorities.

Disclaimers

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAUBOT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

Without limiting the foregoing, Haubot does not warrant or represent that:

• The Platform will be available at all times, or that access will be uninterrupted, timely, secure, or free from errors, defects, or viruses.
• The information, data, or Content on the Platform, including Equipment descriptions, specifications, images, and condition reports, is accurate, complete, reliable, or current. Users should independently verify all information before making purchasing decisions.
• Any particular outcome, result, or level of performance will be achieved through the use of the Platform or the Services.
• The Platform is free from vulnerabilities, bugs, or security flaws. While Haubot employs reasonable security measures, no system is completely secure.

Haubot acts as an intermediary facilitating transactions between buyers and sellers. Haubot does not take possession of, inspect (except where expressly stated), or guarantee the quality, safety, legality, or authenticity of any Equipment listed on the Platform. All transactions are conducted at the User's own risk. Users are encouraged to exercise due diligence and professional judgment in all dealings conducted through the Platform.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAUBOT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Platform or the Services.
• Any conduct, content, or actions of any User or third party on or through the Platform.
• Any unauthorized access to, alteration of, or use of your Account, data, or transmissions.
• Any errors, inaccuracies, or omissions in Equipment listings, descriptions, or other Content on the Platform.
• Any disputes between Users, including but not limited to disputes relating to the condition, quality, or delivery of Equipment.

IN ANY EVENT, HAUBOT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO HAUBOT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND EUROS (EUR 1,000).

The limitations set forth in this section apply regardless of the legal theory upon which any claim is based, whether in contract, tort (including negligence), strict liability, breach of statutory duty, or otherwise, and even if Haubot has been advised of the possibility of such damages. Nothing in these Terms shall limit or exclude Haubot's liability for death or personal injury caused by its negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Haubot, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or in connection with:

• Your use of or access to the Platform, including any transactions conducted thereon.
• Any breach or alleged breach of these Terms or any Supplemental Policy by you.
• Any violation of applicable law, regulation, or the rights of any third party by you.
• Any User Content submitted, uploaded, or posted by you on the Platform.
• Any dispute between you and another User of the Platform.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Platform. Haubot reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Haubot in the defense of such matter.

Termination and Suspension

Termination by You: You may terminate your Account at any time by contacting Haubot at [email protected] and requesting Account closure. Please note that Account termination does not release you from any outstanding payment obligations, pending transactions, or other contractual commitments arising from your use of the Platform prior to termination.

Termination by Haubot: Haubot may, at its sole discretion and without prior notice or liability, suspend, restrict, or permanently terminate your Account and your access to the Platform, in whole or in part, for any reason, including but not limited to:

• Breach of these Terms or any Supplemental Policy.
• Suspected fraudulent, illegal, or abusive activity.
• Non-payment or repeated late payment of fees, commissions, or other amounts due.
• Failure to provide requested verification or compliance documentation.
• Actions that expose Haubot, other Users, or third parties to potential legal liability.
• Extended periods of Account inactivity.

Effects of Termination: Upon termination of your Account, all rights and licenses granted to you under these Terms shall immediately cease. Haubot may, at its discretion, retain your Account data for the period required by applicable law or for legitimate business purposes, including dispute resolution and legal compliance. Any provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and the governing law and dispute resolution clauses.

Dispute Resolution Between Users

Haubot acts as an intermediary and facilitator of transactions on the Platform. While Haubot strives to provide a fair and transparent Marketplace, it is not a party to the underlying sale or purchase agreement between buyers and sellers, except as expressly stated in the applicable Supplemental Policies.

In the event of a dispute arising between Users in connection with a transaction on the Platform, the Users involved shall first attempt to resolve the matter directly between themselves in good faith. Haubot may, at its sole discretion, offer mediation assistance or guidance to facilitate resolution, but is under no obligation to do so and shall not be held liable for the outcome of any dispute between Users.

Haubot reserves the right to take any action it deems appropriate in its sole discretion to address disputes, including but not limited to withholding payments, suspending Accounts, or canceling transactions, where Haubot reasonably believes such action is necessary to protect the interests of the Marketplace, its Users, or Haubot itself.

Force Majeure

Haubot shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Haubot's reasonable control, including but not limited to: natural disasters (earthquakes, floods, hurricanes, volcanic eruptions), pandemics and epidemics, war, armed conflict, terrorism, civil unrest, government actions, sanctions, embargoes, legislative or regulatory changes, strikes, labor disputes, power failures, telecommunications failures, internet outages, cyberattacks, fire, explosion, or any other event commonly recognized as force majeure.

In the event of a force majeure occurrence, Haubot shall use reasonable efforts to mitigate the effects of the event and resume performance of its obligations as soon as practicable. The affected obligations shall be suspended for the duration of the force majeure event without liability to either party.

Communications and Notifications

By creating an Account, you consent to receive electronic communications from Haubot, including transactional notifications, service updates, system alerts, and administrative messages. These communications are an integral part of the Services and may not be opted out of while maintaining an active Account.

You agree that any notices, agreements, disclosures, or other communications delivered electronically by Haubot satisfy any legal requirement that such communications be in writing. Electronic communications shall be deemed received by you upon dispatch by Haubot to the email address associated with your Account.

It is your responsibility to ensure that the email address associated with your Account is current and that you regularly check for communications from Haubot. Haubot shall not be held responsible for any consequences arising from your failure to receive or read communications sent to the email address on file.

Amendments to These Terms

Haubot reserves the right to modify, amend, or replace these Terms at any time, at its sole discretion. When material changes are made, Haubot will make reasonable efforts to notify Users in advance by posting the updated Terms on the Platform with a revised effective date, sending an email notification to the address associated with your Account, or displaying a prominent notice on the Platform.

Your continued use of the Platform after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, you must immediately discontinue your use of the Platform and close your Account. It is your responsibility to review these Terms periodically for any changes.

Governing Law

These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Jurisdiction

Any dispute, controversy, or claim arising out of or in connection with these Terms, including questions regarding their existence, validity, interpretation, performance, breach, or termination, shall be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, Netherlands. By using the Platform, you irrevocably consent to the personal jurisdiction of, and venue in, such courts and waive any objection based on forum non conveniens or any other basis.

Severability

If any provision of these Terms is found by a court or other competent authority to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect, and the invalidity of any particular provision shall not affect the validity of the other provisions.

Entire Agreement

These Terms, together with the Supplemental Policies referenced herein, constitute the entire agreement between you and Haubot with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements, representations, warranties, and understandings between you and Haubot. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Haubot's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Language

These Terms are drafted in the English language. Where translations of these Terms are made available in other languages, they are provided for informational and convenience purposes only. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail and be the authoritative and legally binding version.

Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us at:

• Haubot International B.V.
• Diemerhof 42, Diemen 1112 XN, Netherlands
• Chamber of Commerce (KvK): Netherlands
• Email: [email protected]