The following Terms and Conditions apply to the SaaS services offered by Pylot to the client,
with whom Pylot concludes an Agreement (the Client).
The Services are provided by Pylot B.V., with its registered office at Vlotlaan 710, 2681 TX
Monster and registered with the Chamber of Commerce under number 68947232 (Pylot).
Article 1. Definitions
The capitalised terms in these General Terms and Conditions have (in their singular as well as plural forms) the meanings set out below:
1.1 Account: the account which is provided to the Client by Pylot for the purpose of enabling
use of the Software.
1.2 Agreement: any Agreement between Pylot and the Client under which Pylot delivers the
Services to the Client, and of which these General Terms and Conditions form an integral part.
1.3 Application: the application of Pylot with a website https://pylot.app.
1.4 Client: the natural person or legal entity, acting in a professional capacity, with whom Pylot has concluded an Agreement.
1.5 End Users: the employees of the Client enabled via the Client to access the Software
delivered to the Client by Pylot via user accounts.
1.6 General Terms and Conditions: these terms and conditions.
1.7 Writing: dated and signed correspondence on paper. This also includes, in addition to paper as described, email and fax messages, insofar as the origin and integrity of such messages is sufficiently established.
1.8 Intellectual Property Rights: all intellectual property rights and related rights, including, but not limited to, copyright, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights as well as rights to know-how.
1.9 Materials: all works, such as websites and applications/web applications, corporate
identities, logos, flyers, brochures, leaflets, lettering, advertisements, marketing and/or
communication plans, drafts, images, texts, sketches, documentation, consultancy, reports and other creations of the mind, as well as the preparatory material thereof and the files or data carriers (whether or not decoded) on which the materials are stored.
1.10 Office Hours: the hours between 9:00 am and 5:00 pm Dutch time, Monday to Friday,
excluding official Dutch national holidays.
1.11 Party/Parties: the parties to the Agreement, Pylot and the Client, individually or jointly.
1.12 Services: all services that Pylot delivers to the Client under the Agreement, including, but not limited to: (i) the provision and installation of Software (ii) the provisioning of cloud-based Software-as-a-Service via the Application, (iii) the configuration of user accounts, and (iv) the maintenance of the Software (as-a-Service).
1.13 Software: all software (as-a-Service) provided on the platform (Pylot’s Application, https Pylot domain and app, agents installed in the greenhouse for integration with local systems, API) by Pylot pursuant to the Agreement.
1.14 Trial Period: a customized period of time during which Pylot’s Application is tested by the Client.
Article 2. Conclusion and fulfilment of the Agreement
2.1 All offers submitted by Pylot are without any obligation for Pylot and are valid for a period of thirty days after the date of the quotation or offer. Pylot is not obliged to accept an indication of acceptance after the expiry of this period, but if Pylot does so, the offer or quotation will be deemed as accepted.
2.2 If the acceptance by the Client differs (even on a minor point of detail) from the offer, Pylot shall not be bound by it. The Agreement will in that case not be concluded in accordance with this varying acceptance, unless Pylot expressly indicates otherwise In Writing.
2.3 The Agreement is concluded with the acceptance or confirmation of the offer, as indicated above.
2.4 Pylot will deliver the Software to the best of its ability, exercising due care and
Article 3. Applicability, term and termination
3.1 The General Terms and Conditions apply to all offers submitted by Pylot, their acceptance by the Client and the Agreement thus concluded between the Parties and the performance of the Services by Pylot.
3.2 The applicability of any conditions or other terms and conditions of the Client are expressly excluded.
3.3 The Agreement will commence upon the date as agreed between the Parties and will then remain in force for the Trial Period.
3.4 Following the expiry of the Trial Period the Agreement will be extended for a year if and
insofar agreed between the Parties. Following the expiry of this year, the Agreement will be
extended for another year, if and insofar agreed between the Parties. Unless the Agreement is concluded for an indefinite period, it cannot be terminated prematurely, with the exception of the events mentioned in these General Terms and Conditions.
3.5 Pylot may suspend or give notice to terminate the Agreement In Writing with immediate
effect, without notice of default being required, if the Client defaults on a material obligation
under the Agreement.
3.6 Pylot may suspend or give notice to terminate the Agreement In Writing with immediate
effect, without notice of default being required, in the event the Client is declared bankrupt, the Client applies for or is granted suspension of payments, the Client’s activities are ceased or its business is wound up.
3.7 Where Pylot suspends the performance of the Agreement, Pylot will retain all its rights and claims under the Agreement and the applicable laws and regulations.
3.8 In the event that the Agreement is terminated, the amounts owed to Pylot by the Client will become immediately due and payable (irrespective of the reason for the termination).
3.9 In the event that the Agreement is dissolved, the amounts already invoiced will remain
payable by the Client and no obligation to reverse will be created or arise.
3.10 The Client may only cancel the part of the Agreement that has not yet been fulfilled by
Article 4. Delivery of Services
4.1 On conclusion of the Agreement, Pylot will endeavour to deliver the Services within a
reasonable period of time in conformity with the Agreement.
4.2 The client will provide Pylot with all the support needed and desirable to enable the correct and timely delivery of the Services. The Client will in any event:
a. provide all the data and other information which Pylot indicates are necessary, or which the Client should reasonably understand are essential for the delivery of the Services;
b. give temporary access to Pylot support to set up integration (Team Viewer);
c. support installation of integration agents on local machines.
4.3 The Client is responsible for providing correct data and information (via the Software). The results and the decisions shown in the Software are based on the data provided by the Client. Pylot does not accept any liability in this regard.
4.4 Pylot may engage third parties for the purpose of fulfilling the Agreement. Any associated costs will only be for the Client’s account where this has been agreed in advance.
4.5 In the event that employees of Pylot perform work at the Client’s office or another location designated by the Client when fulfilling the Agreement, the Client will provide all the support and facilities necessary to enable the performance of the work, at no cost.
Article 5. Use of the Software
5.1 The Client requires an Account to use the Software. Pylot will endeavour to set up the
Account’s initial configuration for the Client within four weeks after the conclusion of the
Agreement. The Client can request additional user accounts for the End Users with the
5.2 The Client shall secure the Account(s) by means of a user name and password. The
password(s) in particular must be kept strictly confidential. Pylot may assume that all the
activities carried out through the Client’s Account(s), after the username and password were
used to log in, take place under the supervision and control of the Client.
5.3 Pylot will endeavour to connect the Client’s Account at no cost. Pylot maintains the right to charge a fee for connecting a new device or a connection with another system, if the connection set-up cannot be completed without purchasing third party products or services. In such cases, Pylot will inform the Client beforehand about it.
5.4 If and insofar the Client gives Pylot access to the system of the Client, for instance via Team Viewer, it is the responsibility of the Client to supervise the connections and to remove the access of Pylot. Furthermore, the Client is responsible for (inspecting the) correct operation of the machinery from the Client. Pylot does not accept any liability in this regard.
Article 6. Rules of use
6.1 It is prohibited to use the Software in a manner that is in violation of these terms and
conditions or applicable laws and regulations. Additionally, using the Software in a manner that may cause hindrance or loss and/or damage to Pylot or any third party is expressly not
6.2 If Pylot determines that the Client or an End User has violated these terms and conditions or the law, or receives a complaint in this regard, Pylot may take measures to end the violation. Pylot will then block access to the information concerned.
6.3 If, in Pylot's opinion, the operation of the computer systems or network of Pylot or third
parties and/or service provision via the internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of email or other data, leaked personal data or virus activity, Trojan horses and similar software, Pylot is authorised to take any and all measures it deems reasonably necessary to avert or prevent such risk. These measures include, but are not limited to, suspension of the Software and termination of the Agreement.
6.4 Pylot is authorised at all times to report any criminal acts that are discovered and will
cooperate with duly authorised orders and commands. In addition, Pylot is authorised to provide the name, address, IP address and other data identifying the Client/an End User of the Software to a third party who has complained that the Client/an End User of the Software has violated its rights or these terms and conditions, provided that:
a. it is sufficiently plausible that the information, on its own, is unlawful and harmful with regard to the third party;
b. the third party has a genuine interest in obtaining the data;
c. it is plausible that, in the specific case, there is no less far-reaching measure to obtain the data;
d. the weighing of the interests involved entails that the third party’s interest should prevail.
6.5 The Client shall follow all reasonable instructions issued by Pylot related to the use of the
6.6 Pylot may recover from the Client any loss and/or damage sustained as a result of violations of the rules under this article. The Client indemnifies Pylot against any and all third-party claims pertaining to loss and/or damage arising from a violation of the rules under this article.
Article 7. Modifications and improvements
7.1 Pylot may modify the Software to correct errors, add new functionality or improve
performance. While the Parties may consult on such modifications in advance and the Client
may make suggestions, the final decision on whether or not to implement the modification will be made by Pylot.
7.2 Pylot will endeavour to remedy any faults in the Software, but is also dependent on its
suppliers in this regard. Pylot is entitled to not install certain updates or upgrades of suppliers it if believes that installing such updates or upgrades will not benefit the operation of the Software.
7.3 If implementing modifications and improvements may have the effect of restricting the
availability of the Software, this will be carried out as far as possible outside Office Hours.
Emergency maintenance may be carried out at any moment and will not be announced in
Article 8. Support
8.1 Pylot will offer the End-Users and the Client a reasonable level of support with regard to
questions about the use and management of the Software, as well as with technical issues
related to the Software.
8.2 The support referred to in Article 8.1 will be provided via a help desk, which can be reached during Office Hours.
8.3 Pylot endeavours to handle requests submitted to the help desk within a reasonable term. The time needed to resolve reported issues may vary.
Article 9. Availability
9.1 Pylot will endeavour to ensure the Software remain online as far as possible, but cannot
guarantee uninterrupted availability.
9.2 If, in Pylot's opinion, a risk is posed to the operation of the computer systems or network of Pylot or third parties, for example in the event of a D(DOS) attack or malware activities, Pylot is authorised to take any and all measures it deems reasonably necessary to avert the risk and limit or prevent any loss and/or damage. This may result in degraded availability.
9.3 Pylot is not obliged to make back-ups, unless this has been agreed to in a Service Level
Article 10. Security and privacy
10.1 Pylot will use its best ability to protect the Software against misuse, abuse and
unauthorised access to the Client’s data.
10.2 The fulfilment of the Agreement may entail the processing of personal data by Pylot on
behalf of the Client, with the Client being considered as the controller and Pylot as the data
processor. In the event that personal data are processed, the Parties will conclude a data
processor’s agreement in which agreements on the processing and security of such personal data will be laid down. The aforementioned terms have the meanings set out in the applicable privacy legislation.
10.3 The Client warrants that any inputting or uploading of (personal) data to Pylot is lawful and that the processing of such data in accordance with the Agreement does not contravene any applicable privacy legislation and regulations.
Article 11. Additional work
11.1 If the Client requests supplementary work, Software or Services falling outside the scope
of the Agreement, the Parties will consult one another in relation to this request and Pylot will prepare a supplementary quotation. Pylot will not carry out the additional work until the Client has accepted the quotation.
Article 12. Payment
12.1 During the Trial Period the Client shall not be charged a fee. After the Trial Period, Pylot will issue an invoice for all amounts owed and may invoice in advance and electronically. Any
objection raised by the Client to (the amount of) an invoice will not suspend the payment
12.2 All invoices are subject to a payment term of 14 days, unless the invoice specifies a
different payment term or another term has been agreed to In Writing.
12.3 If an invoice is not paid within the payment term, the Client will be in default without notice of default being required. In that case, Pylot may suspend the delivery of all or part of the Software. Pylot is not liable for any resulting loss and/or damage sustained by the Client.
12.4 All amounts owed to Pylot are immediately due and payable in the event the Client is
declared bankrupt, the Client applies for or is granted suspension of payments, the Client’s
activities are ceased or its business is wound up.
12.5 All prices quoted by Pylot are in euros and are exclusive of VAT and other government
12.6 If a fee is based on information provided by the Client and such information proves to be incorrect, Pylot is authorised to adjust the fee accordingly, even after the Agreement has already been concluded.
12.7 Fees that are due periodically, can be adjusted annually with due regard for the Consumer Price Index or a different index or standard agreed between the Parties. The Client is not granted any right of termination in relation to such adjustment.
12.8 If the Client fails to pay the amounts due within the agreed term, the Client shall be liable for payment of the statutory commercial interest, referred to in Section 6:119a of the Dutch Civil Code, on the outstanding amount, without notice of default being required.
12.9 If, after receiving a demand for payment or notice of default, the Client fails to pay the
amount due, Pylot may refer the claim for collection, in which case the Client shall also be liable to pay in full all judicial and extrajudicial costs, including all costs and fees of lawyers and external experts, in addition to the total amount due at that time.
Article 13. Liability and force majeure
13.1 Because of the fact that the Client shall not be charged a compensation for delivery of the Software during the Trial Period, Pylot is not liable for loss and/or damages resulting from a failure in the performance of the Agreement, an unlawful act or otherwise during the Trial Period, except in the event that the loss and/or damage is attributable to (1) wilful misconduct or deliberate recklessness on the part of Pylot’s management, or (2) death or bodily injury.
13.2 After termination of the Trial Period, Pylot's liability for loss and/or damages resulting from a failure in the performance of the Agreement, an unlawful act or otherwise is limited to the amount paid to Pylot by the insurer. Pylot will use its best endeavours to ensure the insurer pays out. If no payout is made, liability for each occurrence (where a series of consecutive occurrences is considered to constitute a single occurrence) will be limited to the amount (exclusive of VAT) that the Client has paid under the Agreement during the six months prior to the loss and/or damage occurring.
13.3 Pylot is only liable for direct loss and/or damage arising from an attributable failure in the performance of the Agreement.
13.4 Any limitation or exclusion of liability stipulated in the Agreement shall not apply in the
event that the loss and/or damage is attributable to (1) wilful misconduct or deliberate
recklessness on the part of Pylot’s (company) management, or (2) death or bodily injury.
13.5 Any right to claim compensation is at all times subject to the condition that the Client notify Pylot of the loss and/or damage In Writing within no more than 30 days of its discovery.
13.6 Pylot cannot be obliged to perform any obligation under the Agreement if the performance is prevented due to force majeure. Pylot is not liable for any loss and/or damage due to force majeure.
13.7 Force majeure is considered to exist in any event in case of power outages, Internet
failures, telecommunication infrastructure failures, network attacks (including D(DOS) attacks), attacks by malware or other harmful software, civil commotion, natural disaster, terror, mobilisation, war, import and export barriers, strikes, stagnation in supplies, fire, floods and any circumstance whereby Pylot is not enabled to perform or prevented from performing by its suppliers, irrespective of the reason.
13.8 If a force majeure situation has lasted for more than 90 days, both Parties shall be entitled to give notice to terminate the Agreement In Writing with immediate effect. The Services which in that case have been delivered by Pylot prior to the occurrence of the force majeure situation and during the force majeure situation will be paid for on a proportional basis.
13.9 The Parties agree that Section 6:271 of the Dutch Civil Code and the effect of its
provisions in the following articles are excluded.
13.10 Any right to claim compensation will at all times be subject to the condition that the Client notifies Pylot of the loss and/or damage In Writing within 30 days of it arising.
Article 14. Intellectual property
14.1 All Intellectual Property Rights to the Software and any Materials that are provided by Pylot under the Agreement reside with Pylot or its licensors.
14.2 The Client will receive from Pylot the non-exclusive, non-transferable and nonsublicensable rights of use in respect of the Software and any Materials insofar as they ensue from the Agreement or which have otherwise been granted In Writing. The rights of use apply for the duration of the Agreement.
14.3 The Client is not authorised to make changes in the Software except in cases where that is mandatory by mandatory law.
14.4 Pylot may implement technical or other measures to protect the Software. Where Pylot has implemented such security measures, the Client may not remove or circumvent that security.
14.5 The Client is not permitted to remove from the Software or modify any indication or
designation of Intellectual Property Rights. It is also not permitted to remove from the Software any indication or designation concerning their confidential nature.
Article 15. Amendment of terms and conditions
15.1 Pylot may amend these General Terms and Conditions at any time.
15.2 Pylot will endeavour to announce the changes or additions to the Client by email or by
notification upon connection to Pylot, at least thirty days before they take effect, to enable the Client to take note of them.
15.3 If the Client does not wish to accept a change or addition, the Client may give notice to
terminate the Agreement until the date it takes effect. Use of the Software after the effective
date will be regarded as acceptance of the amended or supplemented terms and conditions.
15.4 Both Parties will cooperate fully in respect of changes or additions to the General Terms
and Conditions that are necessary in light of new or changing legislation. Such changes may be implemented without notice by Pylot but Pylot will endeavour to announce these changes as well, without the Client having the possibility of giving notice to terminate the Agreement.
15.5 The procedure in this article does not apply to minor changes. Such changes may be
implemented without notice by Pylot, without the Client having the possibility of giving notice to terminate the Agreement.
Article 16. Confidentiality
16.1 All information the parties provide each other before, during or after the fulfilment of this Agreement, or include in the Service, will be treated by the parties as confidential
(hereinafter:Confidential Information). The Parties will also impose this obligation on their
employees, as well as on any third parties engaged by them for the purpose of fulfilling the
16.2 With regard to Confidential Information, Parties will:
a. take due account of all reasonable measures to ensure safekeeping or storage of the
Confidential Information, while ensuring at least the same level of security as it observes for its own Confidential Information;
b. not use the Confidential Information for any other purpose than the agreed purpose (the
fulfilment of the Agreement);
c. not retain the Confidential Information for any longer than is reasonably necessary for the
fulfilment of the agreed obligations and will make these data, including any copies that have
been made, available to the other Party again immediately after full compliance with the obligations referred to or will, after a copy of the Confidential Information has been handed to the other Party and that Party has confirmed proper receipt thereof In Writing, destroy such data.
16.3 If and insofar expressly agreed between the Parties, Pylot may share some Confidential
Information with other clients of Pylot. The Client, in its sole discretion, decides which
Confidential information Pylot may share and with whom.
Article 17. Exit
17.1 Pylot will retain all data and other details of the Client for a period of thirty days after the Agreement has ended. Provided that the Client has met all its payment and other obligations under the Agreement, Pylot will endeavour to provide a copy of this data and other details, if requested by the Client. Pylot will charge a fee for this.
17.2 The copy will be provided in a standard file format to be determined by Pylot. The
reasonable costs associated with copying the files and data in accordance with this article shall be for the Client’s account.
Article 18. Final provisions
18.1 The Agreement shall be governed exclusively by Dutch law.
18.2 To the extent that the rules of mandatory law do not prescribe otherwise, any dispute
between the Parties in connection with the Agreement will be submitted to the competent court in the Netherlands for the district where Pylot has its registered office.
18.3 Pylot may transfer its rights and obligations arising from the Agreement to a third party that takes over Pylot or its business activities.
18.4 The Client shall promptly notify Pylot of any change in name, (postal) address, email
address, telephone number and other information and details relevant to the fulfilment of the Agreement.
18.5 The logs and communication saved by Pylot are deemed to be correct, unless the Client
provides evidence to the contrary.
18.6 If any provision in the Agreement is found to be void or invalid, this shall not affect the
validity of the Agreement as a whole. In such case, the parties will replace that provision by one or more new provisions reflecting the purport of the original provision as far as is possible under the law.
Via the website https://pylot.app (hereinafter: the website) personal data is collected and
In our processing activities, we comply with privacy law requirements. This means, among other things, that we:
o clearly specify our purposes before we process personal data, by using this Privacy and
o strive to limit the collection of personal data to those needed for legitimate purposes only;
o first ask for explicit consent to process your personal data in cases where your consent is
o take appropriate security measures to protect your personal data and we demand the same from parties who process personal data on our behalf;
o respect your rights regarding your personal data held by us.
Processing of personal data
By using our website, you leave certain data with us, which may include personal data. We only store and use personal data that are provided directly by you or which are clearly provided to us for processing purposes. We will not use the personal data for any other purposes, unless you have given your prior consent thereto, or legislation allows us to do so.
In case you use the website, we will process the following personal data:
o e-mail address;
o IP address;
o operating system
o device type
o your region;
o language use;
o pages you visit;
We will process this personal data for performance of the agreement, namely to set up and
maintain your account on the website, to give access to the website and your account, to
contact you regarding the services you requested, to provide the services you requested and to inform you about the services.
Additionally, by way of an email newsletter, we use your email address to keep you informed of developments within the website when you have given your consent to receive these
newsletters. An unsubscribe button will be included in every newsletter. You can also opt out of receiving the newsletter by contacting our help desk and informing them that you wish to
unsubscribe from the newsletter. In case you unsubscribe for the newsletter, we will delete your email address from the subscribers list.
Furthermore, we track and analyse certain information on the basis of your activity on our
website. We only use this data for internal research to expand our insight into your location,
language use, frequency of use, pages you visit, and your IP address. This information helps us to improve the product, as well as to anticipate and solve potential problems and analyse your browsing behaviour.
For these purposes, we may use your location data. We ask you separately for your consent for your location data and only process this data if you have actually given your consent.
Cookies are small information files in which we can store information, so that you do not have to fill in that information again. We can also use them to see whether you are visiting us again. This is done through the web browser on your device (including a PC, tablet or smartphone). The information that can be transmitted by a cookie, over the use of our website, can be transferred to the own secured servers of Pylot or to the servers of a third party.
o to generate overall statistics and gain insight into the use of our website by the public in order to optimize our website and services (analytics cookies);
o to make the internet more interesting for you by displaying advertisements that fit your interests and to personalize the ads and content on our website, based on you interests and click and surf behaviour (tracking/targeting/marketing cookies).
The first time you visit our service, we will show you a notification explaining our cookies and
your browser settings, but some parts of our website may not work properly as a result of that.
Our website uses analytical, marketing and tracking/optimization cookies as mentioned above.
function. Your browser information and conversation data is being collected and saved at
Google Analytics and Amplitude
We have made arrangements with other parties who place cookies through our website.
Nevertheless, we cannot fully control what they are doing with their cookies, so please read their privacy statements as well. Please consult the cookie summary table in this statement for more information.
Supplying personal data to third parties
Your personal data can be transferred to and saved by external specialists that are hired by
Pylot to process data for Pylot and to help deliver the content and the services that you request, such as our IT-suppliers. Pylot will take appropriate measures to protect your personal data.
Pylot will oblige these external specialists to handle your personal data confidentially and to take appropriate technical and organizational measures to protect your data against any form of unlawful processing.
Additionally, your personal data may be revealed to a third party if Pylot is obliged to do so by court order or by any other legal or statutory obligation, or if we think that this is necessary to prevent or stop illegal activities or violations of our policy.
We will use our best ability to protect our services against misuse, abuse and unauthorised
access to your personal data. We ensure that only authorized people have access to your
personal data, and that access to your personal data is being controlled.
Data storage and retention periods
All personal data supplied or entered by you, is safely stored in a database of Amazon Web
Service Europe (Ireland). Amazon Web Service is one of the most secure existing cloud services platforms.
Changes to this privacy and cookie statement
Therefore, please pay attention to the date of the last revision at the beginning of this document and check for new versions. We will always try to announce changes, apart from the website.
In case you have any questions about our processing of your personal data or if you want to
know what kind of personal data we have of you, please can contact us. Please check below for our contact information.
Based on privacy legislation, you have the following rights:
o To receive information about which personal data we have and what we are using it for;
o To verify the personal data that we keep for you;
o To have incorrect data corrected;
o To transfer your personal data;
o To request to delete personal data;
o To request for data restriction;
o To revoke your consent;
o To object to certain uses.
Please make sure you always provide us with information about who you are, so we can make sure that we pass the information to the right person and that we don’t change or remove information from the wrong person.
File a complaint
Based on privacy legislation, you have the right to file a complaint about the processing of your personal data by us at your national supervisory authority. For the Netherlands, this authority is called the Autoriteit Persoonsgegevens. In order to file a complaint about our processing, please contact the supervisory authority of your country or the Autoriteit Persoonsgegevens.
Address: Vlotlaan 710, Monster, 2681 TX, The Netherlands
Chamber of Commerce Number: 69516103
Phone number: +31 174 286 161