Terms of Service
Last updated: 23/4/2020
Please read these terms carefully before using CloudEMDR services.
Information of the company that manages the services
The services are provided by Cloud EMDR are part of Samuel Beek (registered at with chamber of commerce 52753743) (hereinafter referred to as "CLOUDEMDR"), a Dutch company with registered address at Lampongstraat 14-H.
1. Access and use of the services
1.1. Access to the Services
1.1.1. These general terms and conditions of use ("General Terms and Conditions of Use") shall govern the use of the website www.cloudemdr.com and related platform ("Website"), which belongs to SAMUEL BEEK. The purpose is to provide information about the activity of the Company and enable the use of the services offered by CLOUDEMDR ("Service" or "Services"), consisting of the remote EMDR-therapy tools.
1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions
1.2.1. By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the CLOUDEMDRs or its contents.
1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions".
1.2.3. In addition, CLOUDEMDR informs the users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, CLOUDEMDR will provide the User with reasonable prior written notice of any change. If the User does not want to agree to any changes made, the User should stop using that Service, because by continuing to use the Services the User indicate their agreement to be bound by the updated terms.
1.3. Services Use. Legal age
1.3.1. The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
2. CloudEMDR Account and Registration
2.1. Registration and use of electronic signature
2.1.1. To access the full functionality of the Service, you must create an account with which your Registration Data (as defined below) or other information will be associated (a "CLOUDEMDR Account"). Once the registration form has been filled out, the User must agree to the Privacy Policy and the appropriate Specific Conditions.
2.1.2. The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with CLOUDEMDR and the rest of the users of the Services ("Electronic Signature").
2.1.3. The Electronic Signature of each User shall be personal and non-transferable. The User is obliged to inform CLOUDEMDR of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
2.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.
2.2. Creating an Account
2.2.1. By creating a CLOUDEMDR Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service's registration form (the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the CLOUDEMDR Account you created to access the Service; (v) not allow your CLOUDEMDR Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
2.2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organizations or entities, or if CLOUDEMDR has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, CLOUDEMDR may suspend or terminate your CLOUDEMDR Account and refuse to allow you to use the Service at any time. All Registration Data will be stored and used in accordance with the CLOUDEMDR Privacy Policy.
2.2.3. You hereby consent to the use of your activities on the Service by CLOUDEMDR to optimize the availability and presentation of Content to you. In the case of a BASIC account, you also hereby consent to share such activities with other users of the Service.
2.3. Account contested by 2 or more parties
2.3.1. In the case of an account being contested by 2 or more parties, CLOUDEMDR will determine whom to grant ownership of the account to in the following way:
- Ownership of a PRO account: the ownership of a PRO account will be granted to whichever party made the most recent payment in the account, unless proven otherwise.
- Ownership of a BASIC account: the ownership of a BASIC account will be granted to whichever party originally signed up for the account, unless proven otherwise.
2.4. User responsibility in connection with Respondents
2.4.1. The User is the person who creates and conducts CLOUDEMDRs online, and the Respondent is the person who answers those CLOUDEMDRs. To such extent, the User is responsible (1) for informing and notifying the Respondents of any CLOUDEMDRs that are created by User through the Services about how CLOUDEMDR may use the Respondents' CLOUDEMDR responses and personal data as described in the Terms of Use and Privacy Policy; and (2) for obtaining the consent by Respondents' for the Terms of Use and Privacy Policy.
2.5. Termination of your CLOUDEMDR Account
2.5.1. You may terminate your CLOUDEMDR Account at any time by e-mailing support. If you terminate your CLOUDEMDR Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to CLOUDEMDR Account holders.
2.5.2. We may also terminate your CLOUDEMDR Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your CLOUDEMDR Account is terminated, we will cease charging you any fees.
3. Fees and Payments
3.1. Fees for Services
3.1.1. CLOUDEMDR reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any overage fees), as described on the Specific Conditions in connection with such Services selected by you. CLOUDEMDR reserves the right to change its price list and to institute new charges at any time upon notice to you (i.e. on the website and/or by email) provided that, for Services billed on a subscription basis, monthly paying users will be given at least 6 months at the old pricing, and yearly paying users will be given at least 1 year at the old pricing from the point at which the new pricing comes into effect.
3.1.2. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to pay fees
3.2.1. Failure to pay fees (including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
4. Prohibited user conduct
4.1. Prohibited activities While using the Service, you agree not to engage in any of the following prohibited activities:
a) Use, display, mirror, or frame the Service, any individual element within the Service, the CLOUDEMDR name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without CLOUDEMDR's express written consent.
b) Access the Service by any means other than through interfaces provided by CLOUDEMDR and as otherwise expressly authorized under these Terms of Service.
c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CLOUDEMDR or any of our providers or any other third party (including another user) to protect the Service.
e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CLOUDEMDR or other generally available third party web browsers or search engines.
g) Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
h) Use any meta tags or other hidden text or metadata utilizing the Service or a CLOUDEMDR trademark, logo, or URL without CLOUDEMDR's express written consent.
i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your CLOUDEMDR Account) or your access to or use of the Service.
k) Collect or store any personally identifiable information from other persons of the Service without their express permission.
l) Stalk or otherwise harass another person or entity.
m) Impersonate or misrepresent your affiliation with any person or entity.
n) Violate any applicable law or regulation.
o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your CLOUDEMDR Account.
p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
4.2. No reverse engineering
In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the CLOUDEMDRs, Services or Contents.
5. Privacy Policy
5.1. When the User provides personal data to CLOUDEMDR, either during registration, navigation, when using the Services, making inquiries, requests or simulations through the Website, the Privacy Policy shall apply, which must be previously read and accepted by the User.
13. Applicable law and jurisdiction
13.1. The access to and use of the Services shall be governed and construed in accordance with Dutch law.
13.2. Any dispute that may arise from or in connection to CLOUDEMDR and the Services users shall be settled in the Courts of Amsterdam, Netherlands. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Amsterdam, Netherlands.