Terms and Conditions

Article 1. Definitions

For these general terms and conditions, the following definitions apply:

  1. App: (mobile) application through which access can be obtained to (a part of) the Service, available in the Apple App Store and Google Play Store;
  2. Aiguille (we-form): the legal entity that offers products and/or services (remotely) to consumers. This is us:
    • Name: Peters Interim & Venture Development, trading under ‘Aiguille’
    • Office & registered address: Herengracht 420, 1017 BZ Amsterdam, The Netherlands;
    • Telephone number: +31 20 2117984
    • E-mail: info@aiguille.app;
    • Website: https://aiguille.app;
    • Chamber of Commerce (KVK): 93686625.
  3. Counterparty (you-form): that’s you! We may (potentially) enter into an Agreement together;
  4. Consumer (you-form): you are considered a Consumer when you act on your own behalf, and not on behalf of a profession or business;
  5. User (you-form): when you, as a Consumer, make use of Aiguille’s Services;
  6. Agreement: all agreements we make together (remotely) regarding the provision of our Services to you;
  7. Terms & Conditions, or Terms: the terms as described in this document
  8. Party(ies): Consumer and Aiguille together or individually;
  9. Written: communication via email, mail, WhatsApp, or Instagram;
  10. Third Party/Parties: other parties that are not part of this Agreement;
  11. Service(s): the (access to) digital content and/or services offered by Aiguille to you as a User - possibly offered remotely through an organized system (such as an app store) - including, but not limited to:
    1. Access to the App and/or website and the digital information provided thereby;
    2. Access to premium subscriptions within that app and/or website that provide additional features;
  12. Account: the (personal) information provided and generated by the User, used for their profile, App preferences, saved routes and tracks, bookmarks, and other personal settings.

Article 2. General provisions

  1. These terms and conditions apply to every offer and all (legal) actions of Aguille and to every Agreement between Aiguille and you.
  2. If a (digital) Agreement is concluded, we will ensure that you can read the terms and conditions in advance. They are available on the website, referred to in the App, but can also be sent by email upon request.
  3. Unless we have expressly agreed otherwise in Writing in our Agreement, no other terms and conditions apply. Any other general terms and conditions are therefore not applicable.
  4. Only if we have expressly and mutually agreed in Writing, may deviations or additions to these terms and conditions apply. In case of any conflict between these documents, these terms and conditions prevail.
  5. The provisions of these terms and conditions always apply, even if we have not explicitly requested or strictly enforced them in the past. Any exceptions allowed by us do not waive our right to enforce these terms and conditions.
  6. If we are unable to enforce a provision or multiple provisions of these terms and conditions, for example, because a court determines them to be unreasonable, that provision will not apply. However, we agree to enter discussions to establish a new provision that reflects the idea and content of the original provision as closely as possible, so that we can rely on it.
  7. We always strive to fulfill the Agreement completely. However, sometimes the result (or part thereof) may be disappointing. Therefore, this Agreement represents an obligation of effort and not an obligation of result. This means that we promise to make every effort, but do not make (specific) promises about the result.
  8. For the performance of the Agreement, we may ask Third Parties for assistance.

Article 3. The offer

  1. Sometimes the validity of our Services’ offers is limited, such as with special promotions or when prices can fluctuate significantly. Additionally, our offer may be subject to certain conditions. If our offer has a specific duration or is subject to specific conditions, it will always be clearly stated in our offer. We reserve the right to adjust the prices of our Services at any time, but the price increase does not apply to Services already purchased.
  2. We strive to describe our Services as accurately as possible so that you know what you are purchasing. If an obvious mistake or error occurs, such as in the amount, we are not obliged to adhere to that erroneous price.
  3. To the extent that no standards or regulations have been agreed upon, we will deliver in accordance with what you can reasonably expect from us.

Article 4. The Agreement

  1. If you accept our offer and meet any requirements we may have, an Agreement is established between us.
  2. If a provision of these terms and conditions or the Agreement is not (or no longer) valid, it does not mean that the terms and conditions as a whole no longer apply. Only that specific provision becomes invalid. In such a case, we will enter into discussions to create a new provision that replaces the invalid one, while endeavouring to align with the purpose of the invalid provision.
  3. If we have reasonable grounds to doubt your ability to fulfil your obligations under the Agreement, such as payment, we have the right not to fulfil our obligations and not to commence its execution. If we make this decision, we will inform you in Writing.
  4. These terms and conditions also apply to any future, additional, or follow-up orders/agreements resulting from this Agreement.

Article 5. Termination of the Agreement

  1. We reserve the right to terminate the Agreement with a User and/or delete a User’s Account in the following cases:
    1. If we receive complaints about the User’s Account or behaviour;
    2. If the User acts in violation of the Terms and Conditions of Aiguille;
    3. In other cases where we reasonably deem termination of the Agreement or deletion of the Account necessary to protect the interests of Aiguille, other Users, or Third Parties.
  2. We will notify the User of the termination of the Agreement and/or deletion of the profile, providing reasons. The User has the right to object to the termination or deletion within 7 (seven) days of receiving the notice. We will consider the objection, and if justified, we may decide to reverse the termination or deletion.
  3. In case of termination of the Agreement or deletion of a User’s Account, we are not liable for any damages, direct or indirect, arising from or related to the termination or deletion.
  4. We reserve the right to determine, at our sole discretion, whether an action or omission by a User violates these Terms and Conditions.

Article 6. Prices

  1. Unless otherwise agreed, all amounts stated by us include value-added tax or any other government-imposed taxes but exclude any transport and packaging costs.
  2. If we have provided a composite quotation, and you only wish to use a part of the offer, we are not obliged to fulfil a part of our Agreement for a proportionate part of the corresponding amount. Quotations are always provided for specific quantities, and do not entitle the Customer to partial prices for partial quantities.
  3. Discounts and quoted amounts do not automatically apply to our future Agreements.

Article 7. Purchases and payments

  1. If you want to purchase a Service, we may require certain information from you in order to perform/deliver that Service.
  2. Failure to provide this information or providing it late may result in us being unable to perform the Service and/or may have consequences for the execution of the Service.
    1. We are not liable for damages related to or arising from the failure or untimely provision of the required information.
  3. Payments for the Service is always required before delivery of the Service.
  4. Payments are processed through a Third Party called Stripe. We reserve the right to decide to use other Third Party payment provider(s) in the future.

Article 8. Use of the App

  1. You can use the app without a registered account.
  2. For certain features, you may need to create an Account. To create an Account, you must be legally permitted to use the App according to the laws of your own country. By using our Service, you confirm that these conditions apply. We reserve the right to enforce these conditions by, for example, removing or blocking your Account.
  3. The right to use that we grant you is personal. To log in to the App, you will log in using a federated Third Party account or email address.
    1. If you know or suspect that your federated Third Party account has been compromised, you must immediately notify us so that we can block access.
  4. Aiguille only provides a temporary right to use the Service. We determine who uses the Service and for how long. You have no enforceable right to use.
  5. You may only use the Service for the purpose for which access has been granted.
  6. Use of the Service is entirely at your own risk and expense.
  7. You will respect copyright-protected works of Aiguille, other Users, and/or Third Parties, i.e., not copy, reproduce, (sub)license or exploit without the express written permission of Aiguille.
  8. You are not allowed to use the Service to post, reproduce, distribute or disclose data or information that violates the law, good morals, which has been obtained unlawfully, or in such a way that it infringes the rights of Third Parties, such as intellectual property rights.
  9. Based on our own policy, we may decide to remove, ban Users, or temporarily restrict access to certain parts of the App.
  10. You indemnify Aiguille against any claims from you or Third Parties related to and/or arising from a violation of the provisions of this article.

Article 10. Right of Withdrawal

  1. As a Consumer, you have the right to withdraw from a distance Agreement (i.e., an agreement concluded outside a sales area, such as an online purchase) without giving any reason and terminate it within 14 (fourteen) days.
  2. This period of 14 (fourteen) days (also referred to as the cooling-off period) starts on the day we enter into an Agreement.
  3. If the agreements considers purchase of goods, you will have to return the goods within 14 days of notifying us. The User is responsible for the costs of return.
  4. If you exercise your right of withdrawal by notifying us via email, we will send you an acknowledgment of receipt of this notification and reimburse all costs, at least within 14 (fourteen) days of notification, or 14 (fourteen) days after the goods have been returned, whichever comes last.
  5. If you exercise your right of withdrawal, we have the right to automatically terminate any additional Agreements.

Article 11. Liability

  1. We are not liable for events that occur during activities related to or arising from our Services.
    1. Speficially if you use Aiguille during skiing, snowboarding, or other winter sports, you are responsible for your own safety and the safety of others. We are not liable for any damages that may arise from (improper) use of the App. Always follow local safety guidelines and regulations, follow the instructions of local authorities, ski patrol, and use common sense.
  2. We are not liable for use of Third Party services related to or arising from the use of our Services.
  3. We are not liable for any damages that may arise from (improper) use of the App.
  4. If a User or Third Party files a claim against Aiguille, and Aiguille is not notified of the claim within a period of 7 (seven) days from its occurrence, the User or Third Party forfeits the right to hold Aiguille liable for any damages resulting from or related to the claim.
  5. Aiguille is not liable for claims from Third Parties arising from or related to the use of our Services by Users. As a User, you indemnify Aiguille against any claims, damages, costs, and expenses (including reasonable legal fees) arising from claims by Third Parties arising from or related to your use of our Services, your breach of the general terms and conditions, or your violation of applicable laws or regulations.

Article 12. Force Majeure

  1. Sometimes events occur that are beyond our control. In legal terms, this is referred to as a situation of ‘force majeure’, as described in Article 6:75 of the Dutch Civil Code. This can include, but is not limited to:
    • Failures by suppliers or other Third Parties;
    • (Power) outages;
    • Computer viruses;
    • Extreme weather conditions;
    • Fire (hazard);
    • (Impending) war;
    • Pandemics;
    • Epidemics;
    • Quarantines;
    • Illness-related absences;
    • Strikes;
    • Incapacity to work;
    • Government measures;
  2. If a force majeure situation arises that prevents us from fulfilling our obligations, we may suspend these obligations until it becomes possible again. If this force majeure situation lasts for 30 (thirty) calendar days, both parties have the right to terminate the Agreement, in whole or in part, by providing written notice. Unfortunately, in the case of force majeure, it is not possible to claim compensation for any damages you may have suffered, even if we have derived a certain benefit from the force majeure situation.

Article 13. Warranty

  1. We guarantee that our Services comply with the Agreement, our commitments, the specifications stated in our offer, the reasonable requirements of soundness and/or usability, and the legal provisions and regulations that exist at the time the Agreement is concluded.

Article 14. Complaints

  1. If you wish to file a complaint about our Service, please inform us within a reasonable period, but no later than 2 (two) months.
  2. If you fail to submit your complaint within 2 (two) months, we may assume that our Service complies with the Agreement.
  3. If you have filed a complaint with us, you must give us a minimum of 4 (four) weeks to resolve this complaint through mutual consultation. Only after this period has elapsed does a dispute subject to dispute resolution arise.
  4. We will respond to the complaint within 14 (fourteen) days and inform you of the expected timeframe for resolving the complaint or providing a response.

Article 15. Transfer

  1. Your rights and obligations under this Agreement cannot be transferred to another party without our Written consent. This provision is intended as referred to in Article 3:83 (2) of the Dutch Civil Code and thus has so-called ‘property law effect.’

Article 16. Intellectual Property

  1. All intellectual property rights relating to and/or resulting from the performance of the Agreement by us are owned by us. You are only granted the non-exclusive and non-transferable usage rights granted in these general terms and conditions and by law. Any other or further rights are not included.
  2. Unless explicitly agreed otherwise, the rights to the data mentioned in this article remain the property of Aiguille, regardless of whether costs have been charged to the Consumer for their production.
  3. If we send you documents, you may only use them. The only exception is when you need to share documents with Third Parties for the execution of the Agreement. This may only be done after we have given approval, and if we deem it necessary, a confidentiality agreement has been agreed upon.
  4. Unless we have agreed otherwise in Writing, you are not authorized to grant sublicenses to Third Parties.
  5. We have the right to use the knowledge we have acquired during the performance of the Agreement for other purposes. Of course, we can only do this as long as no confidential information from you is shared with Third Parties.
  6. We may use non-attributable information, such as written information from an Account, for our own purposes.
  7. With your permission, we may use your name and/or photo as a reference or for promotional purposes.
  8. You ensure that we are not held liable by Third Parties for intellectual property rights.
  9. If you violate this article, you will owe an immediately payable penalty of €5,000 (five thousand euros), with an increase of €500 (five hundred euros) for each day the violation continues.

##Article 17. Management

  1. We are allowed to make changes to the technical facilities of our Services at any time, including our App.
  2. When using our technical facilities, you must behave as can be expected from a responsible and careful user of the Service(s).
  3. You are always responsible for any (unauthorized) use resulting from your usage and/or access rights. You must take appropriate and reasonable measures to prevent unauthorized use. It is not permitted for you to share the user and/or access rights with Third Parties.
  4. You declare to always follow our provided instructions for using our Services.
  5. We are allowed to make changes to non-technical facilities of our Services or App.
  6. If we make changes to our Services that require you to make important adjustments, we will inform you as soon as possible.
  7. If necessary, we may interrupt or remove technical Services if they cause a system malfunction or delay. We may block those Services or take other measures without notifying you. In such cases, you waive your right to compensation or indemnification.
  8. We may temporarily suspend or limit our Services for maintenance, modifications, or improvements. We are not obligated to notify you about this, and you have no right to compensation or indemnification.

Article 18. Confidentiality

  1. You are obligated to keep all confidential information received from us confidential. Information is considered confidential when indicated by us or when it can be reasonably inferred from the nature of the information.
  2. If you violate the above provision, you are immediately liable to pay us €5,000 (five thousand euros) per violation, regardless of whether the violation is attributable to you and without prior warning from us or a judicial procedure. This penalty does not require the occurrence of any form of damages and does not prejudice our other rights, including the right to claim damages in addition to the penalty.

Article 19. Applicable law and disputes

  1. The Agreement we enter into is exclusively governed by Dutch law.
  2. If we have a conflict, we will initially try to resolve it through mutual consultation. If we still cannot reach a resolution, only a competent judge from the Amsterdam region may make decisions regarding the matter.

Article 20. Survival

  1. The provisions of these general terms and conditions and the Agreement that are intended to remain in effect after termination of the agreement will continue to apply.

Article 21. Amendments or additions

  1. We may unilaterally amend and/or supplement these general terms and conditions. If this occurs, we will inform you of the changes and/or additions. These changes will take effect immediately.
  2. If the amendment allows us to perform differently than what we agreed upon, you have the right to refuse the amended terms or terminate our Agreement. This will result in your inability to use our Services.
  3. These general terms and conditions were last updated on 6 December 2024.