1. Parties and acceptance
These Terms of Service ("Terms") form the agreement between:
- Flex Development, a Dutch sole proprietorship (eenmanszaak) trading as Feed Panda, registered at the Dutch Chamber of Commerce (KvK) under number 70780676, VAT number NL002421755B81, with its registered address at Westerscheld 245, 2721 NM Zoetermeer, Netherlands ("Feed Panda", "we", "us"); and
- the person or legal entity accessing or using the service ("you", "the customer").
By creating an account or using the service you agree to these Terms on behalf of yourself or the organization you represent. If you do not agree, do not use the service. Feed Panda is intended for business customers; see the "Consumers" section below for the additional rights that apply if you use the service as a private individual.
2. Free trial
We offer a 14-day free trial that does not require a credit card. During the trial your workspace is subject to our default usage limits (item count, number of feeds, and data sources). The trial does not automatically convert into a paid subscription; you only start paying when you choose a plan and complete checkout. We send reminders by email before the trial ends. If the trial ends without a subscription, your account and your data are preserved, but access to the product (feeds, data sources, connections, and the dashboard) is paused until you choose a plan. You can still sign in to manage your organization and profile settings, complete checkout from the billing area, or close your account. If you need a copy of your data before closing your account, contact privacy@feed-panda.com and we will provide it as a CSV or JSON export.
3. Subscriptions, pricing, and billing
Subscriptions are offered on a monthly billing cycle in euros, with annual plans available on request. The fees for your plan are those displayed on our pricing page or, where applicable, in a written offer from us. Fees are charged in advance for each billing cycle through our payment processor, Stripe.
Subscriptions renew automatically at the end of each billing cycle for a further cycle of the same length, at the then-current price for your plan, until you cancel through the Stripe billing portal in your account settings. You can cancel at any time; cancellation takes effect at the end of the then-current billing cycle and you retain access until that date.
Fees paid are non-refundable, except where a mandatory provision of law requires otherwise. We may change pricing or plans from time to time. For existing subscriptions, changes take effect on the next renewal and will be announced by email at least 30 days in advance; you may cancel before the change takes effect.
4. Taxes and VAT
All prices are exclusive of VAT and other applicable taxes, which will be added at checkout where applicable. For business customers established in the Netherlands, Dutch VAT applies at the standard rate. For business customers established in another EU Member State who provide a valid VAT identification number, VAT is reverse-charged under Article 44 of the EU VAT Directive. For customers outside the EU, VAT rules of the customer's jurisdiction apply. You are responsible for providing accurate tax information and keeping it up to date.
5. Your account
You are responsible for keeping your account credentials secure and for any activity that takes place inside your workspace. You must notify us promptly at support@feed-panda.com if you suspect unauthorized access. You must provide accurate account and billing information and keep it current.
6. Acceptable use
You agree not to:
- Use the service in a way that violates applicable laws or the rights of others.
- Attempt to bypass security controls, scrape the platform, reverse engineer it, or probe its infrastructure.
- Upload malware, illegal content, or personal data you are not allowed to process.
- Resell or sublicense the service without our prior written permission.
- Use the service in a way that materially degrades performance or availability for other customers.
7. Customer data and privacy
You own the data you upload and process through the platform. You grant Flex Development the limited, non-exclusive rights needed to operate the service for you, including storing, transforming, and transmitting your data between the sources and destinations you configure. We do not sell customer data, we do not use customer data to train models or target advertising, and we do not use it for any purpose outside delivering the service to you. Our processing of personal data is described in the Privacy Policy, which forms part of these Terms.
8. Third-party services and integrations
The service lets you connect third-party systems you choose (for example Amazon S3, Google Drive, OneDrive, SFTP/FTP servers, and affiliate networks such as Awin and Tradedoubler). Your use of those services remains subject to their own terms, privacy policies, and pricing. We are not responsible for their availability, changes they make, or fees they charge. You are responsible for ensuring you have the rights needed to connect those systems and to process the data you move through them.
9. Availability
We provide the service on a best-effort basis. We aim to keep the service available at all times and communicate planned maintenance in advance where possible, but we do not currently offer a formal service level agreement. If an incident affects multiple customers, we will communicate status updates by email to the contact address associated with your account.
10. Termination
You can close your account at any time from the account settings. Closing your account cancels your subscription and ends your right to use the service.
We may suspend or terminate your account, with prior notice where reasonably possible, if you materially breach these Terms, fail to pay fees after our reminders, or if your use creates a security, legal, or operational risk.
After your account is closed, we delete your product data and integration credentials shortly afterwards, and retain billing records as required by Dutch tax law. If you need a copy of your data before closure, contact privacy@feed-panda.com and we will provide it as a CSV or JSON export. The specific retention periods are described in our Privacy Policy.
11. Warranties and disclaimers
The service is provided on an "as is" and "as available" basis. To the extent permitted by law, we disclaim all warranties not expressly given in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or meet your specific requirements. Nothing in this section limits rights that you cannot waive under mandatory law.
12. Limitation of liability
To the maximum extent permitted by law, Flex Development is not liable for indirect, incidental, consequential, or special damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or the cost of substitute services. Our aggregate liability for any claim, whether in contract, tort (including negligence), or otherwise, is limited to the fees paid by the customer to us in the twelve (12) months preceding the event giving rise to the claim.
The limitations in this section do not apply to liability that cannot be limited or excluded under Dutch law, including liability arising from our intent or deliberate recklessness (opzet of bewuste roekeloosheid), and mandatory consumer rights under the section "Consumers" below.
13. Indemnity
You will defend and indemnify Flex Development against third-party claims, damages, and reasonable legal costs arising from (a) your use of the service in breach of these Terms or applicable law, (b) the content of the data you process through the service, or (c) your failure to obtain the rights needed to process that data. We will notify you promptly of any such claim and reasonably cooperate in the defence.
14. Force majeure
Neither party is liable for a failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, pandemics, government actions, widespread internet or power outages, outages at essential cloud or infrastructure providers, and cybersecurity incidents not caused by that party's own negligence. The affected party will notify the other as soon as practicable and will use reasonable efforts to resume performance.
15. Consumers
Feed Panda is primarily a business-to-business service, but we do not refuse registrations from private individuals. If you are a natural person acting for purposes outside your trade, business, or profession, you are a consumer within the meaning of Book 6 of the Dutch Civil Code (Burgerlijk Wetboek) and you benefit from mandatory consumer protections that cannot be set aside by these Terms, including in particular:
- A 14-day right of withdrawal from the distance contract under Article 6:230o of the Dutch Civil Code, starting from the day the contract is concluded. You can exercise this right by sending an unambiguous statement to legal@feed-panda.com. If you have already started using the service during the withdrawal period, we may charge you a proportionate amount for the use you have had.
- Protections against unreasonably onerous general-terms clauses under Articles 6:233, 6:236, and 6:237 of the Dutch Civil Code.
- The right to cancel an automatically renewed subscription at any time with a maximum notice period of one month, as provided by Article 7:408 of the Dutch Civil Code (the "Wet Van Dam").
- Non-waivable rights under Directives 2011/83/EU (Consumer Rights), 93/13/EEC (Unfair Contract Terms), and (EU) 2019/770 (Digital Content and Digital Services), as implemented in Dutch law.
Where a provision of these Terms conflicts with a mandatory consumer right, the mandatory right prevails for consumers and the rest of these Terms continues to apply.
16. Assignment and business transactions
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to a successor entity in connection with a merger, acquisition, reorganisation, or sale of assets, provided the successor agrees to be bound by the same obligations. Where such an assignment materially changes the terms applying to your subscription, we will notify you in advance and, where required by law, give you an opportunity to object or terminate.
17. Changes to these terms
We may update these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect, giving you the option to cancel your subscription before the change applies. Non-material changes (for example, typo fixes or clarifications that do not affect your rights or obligations) may take effect immediately and are reflected in the "Last updated" date at the top of this page.
18. General provisions
- Entire agreement. These Terms, together with the Privacy Policy and any written offer we send you, constitute the entire agreement between the parties regarding the service and supersede any prior agreements on the same subject.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force. The parties will replace the invalid provision with a valid one that most closely reflects the original intent.
- No waiver. A failure or delay by either party to enforce any right under these Terms does not operate as a waiver of that right.
- Notices. We send notices to the email address associated with your account. You send notices to legal@feed-panda.com or by post to our registered address above.
- Language. These Terms are drafted in English. A Dutch translation, if made available, is for convenience; the English version prevails in case of conflict.
19. Governing law and competent court
These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Disputes arising out of or in connection with these Terms will be submitted to the competent court in the district where Flex Development has its registered seat, unless a mandatory provision of law requires otherwise (in particular, where the customer is a consumer entitled to bring proceedings before the court of their place of residence).
20. Contact
Questions about these Terms can be sent to legal@feed-panda.com or by post to Flex Development, Westerscheld 245, 2721 NM Zoetermeer, Netherlands.