General conditions CAS

Last updated: 17 April 2026

These general terms and conditions apply to all offers, quotations, agreements,
implementations, deliveries, subscriptions, support, additional work and the use of
CAS, the Clickker Automation Suite, offered by
Sense Cloud B.V..

By accepting an offer, entering into an agreement with Sense Cloud or using CAS,
the buyer accepts these general terms and conditions.

1. Definitions

Sense Cloud: Sense Cloud B.V., based in Emmen.
CAS: the Clickker Automation Suite, including associated software, flows, links, documentation, interfaces, modules, API-related functionality and support services.
Customer: The legal or natural person acting in the exercise of a profession or business who purchases CAS.
User: Any employee authorised by the Customer, hired force or other person using CAS on behalf of the Customer.
Agreement: Any agreement between Sense Cloud and the Customer regarding CAS, including quotations, implementations, subscriptions, support and additional work.
Works: data files, software, links, flows, configurations, scripts, documentation, advice, analyses, designs and other results of services.
Written: by letter or e-mail, and, where appropriate, other electronically recorded communication whose sender and content are sufficiently certain.

2. Applicability

These terms and conditions shall apply to all offers, quotations, agreements and deliveries of Sense Cloud relating to CAS.
Deviations from these terms and conditions shall only be valid if expressly agreed in writing.
The applicability of purchasing conditions or other conditions of the Customer is expressly rejected.
If one or more provisions of these terms and conditions are found to be null and void or destroyed, the remaining provisions will remain in full force and effect.
Sense Cloud may engage third parties for the execution of the agreement.

3. Offers, quotations and formation of the agreement

All offers and quotations by Sense Cloud are without obligation, unless otherwise stated in writing.
Quotes are based on the information provided by the Customer. The Customer guarantees its accuracy and completeness.
An agreement is formed by written acceptance of the quotation by the Customer, by the signing of an agreement or by Sense Cloud actually starting the performance at the request of the Customer.
If the offer or agreement refers to phasing, each phase shall be considered part of the same agreement, unless expressly stated otherwise.
Sense Cloud is not obliged to accept an acceptance if it differs from the offer.

4. Nature of service provision

CAS is a software solution for process automation, links, data processing, workflow orchestration
and integration of systems. CAS can, depending on the agreed variant, be local, hybrid or in the cloud
be deployed.

Unless expressly agreed otherwise in writing, Sense Cloud shall have an obligation of effort and not an obligation to achieve a result.
Sense Cloud determines how the implementation, configuration, support and other work is carried out.
Sense Cloud may modify functionalities, interfaces or technical components if necessary for maintenance, security, continuity, improvement or further development of CAS.

5. Registration, accounts and access

Use of CAS may require registration of Customer and/or Users.
Customer is responsible for properly managing master accounts, subaccounts, roles, rights and access authorisations within its own organisation.
User names, passwords, keys, tokens and other access data should be kept strictly confidential.
Sense Cloud may assume that actions performed through accounts of the Customer or its Users take place under the responsibility of the Customer.
The Customer is not allowed to create accounts for unauthorised persons or for use that is not in line with the agreement.

6. Use of CAS

Sense Cloud grants Customer a revocable, non-exclusive, non-transferable and non-sublicensable right to use CAS for the duration of the agreement.
The Customer may only use CAS within the limits of the Agreement, these conditions and applicable laws and regulations.
Customer and Users are prohibited from using CAS for unlawful acts, infringements of third-party rights, unauthorised access, distribution of malware, unauthorised scraping, bypassing security or other forms of abuse.
It is not permitted to use CAS in a way that disrupts the operation, security or availability of the software, infrastructure or linked systems.
If Sense Cloud suspects abuse, it shall be entitled to investigate and take appropriate measures, including temporary blocking or suspension of access.

7. Cooperation of Customer

The Customer shall provide all data, access, systems, documentation, contacts and other cooperation reasonably necessary for the proper performance of the agreement.
The Customer is responsible for the accuracy, completeness and timeliness of the information it provides.
The Customer is responsible for its own IT environment, network connections, security procedures, user management and internal authorisations, unless otherwise agreed in writing.
If the Customer does not cooperate in time or in full, Sense Cloud may suspend the execution and pass on the resulting costs or delays to the Customer.

8. Implementation, configuration and additional work

Implementation, set-up, configuration, migration, testing, consultancy, training and customisation are only covered by the agreement insofar as they are explicitly included in the offer or order confirmation.
Work outside the original scope is considered as additional work.
Additional work can be invoiced separately on a post-calculation basis or on the basis of a supplementary quotation.
Sense Cloud is entitled to refuse a scope change request if it may adversely affect the planning, quality, security or stability of the service.

9. Completion and acceptance

Sense Cloud delivers work or phases of work as soon as they are suitable for use or for further progress of the project by professional standards.
The Customer must assess the delivered goods within 14 days of delivery and notify any objections in writing and in sufficient detail.
If the Customer does not respond within this period, the delivered goods shall be deemed to have been accepted.
If the Customer disapproves a delivery with reasons, Sense Cloud shall make reasonable efforts to rectify the justified points or respond to them with reasons.
After acceptance, any claim for visible defects lapses, without prejudice to mandatory rights and without prejudice to any guarantee agreed in writing.

10. Fees and payment

CAS may be subject to a one-off implementation fee, a monthly or periodic subscription fee and/or a fee for additional work.
Unless otherwise agreed in writing, subscriptions are invoiced in advance and other work is invoiced afterwards or according to agreed deadlines.
The payment period is 14 days from the invoice date.
All prices are exclusive of VAT and other government-imposed taxes, unless otherwise stated.
In case of late payment, the Customer shall be in default without further notice of default.
In that case, Sense Cloud shall be entitled to suspend its obligations, temporarily restrict or block access to CAS, and charge statutory interest and reasonable collection costs.
Sense Cloud may collect amounts due by bank transfer or direct debit if agreed.

11. Indexation and price changes

Sense Cloud is entitled to index or adjust rates periodically.
Price changes will be announced in good time in advance, unless they are price adjustments resulting from legislation, third-party levies or objective cost increases.
A price change does not entitle the Customer to rescind, unless mandatory law requires it or agreed otherwise in writing.

12. Intellectual property

All intellectual property rights to CAS, the software, documentation, interfaces, templates, flows, scripts, designs, links, source code, configurations and other Works are vested exclusively in Sense Cloud or its licensors.
The Customer only acquires the rights of use expressly arising from the agreement or these terms and conditions.
The Customer is not allowed to copy, sell, rent, sub-licence, disclose, reverse engineer or otherwise exploit software, documentation or other materials of Sense Cloud outside the agreed purposes of use, except to the extent permitted by mandatory law.
If and to the extent that rights to customisation or specific results would be transferred to the Customer in writing, such transfer shall only take place after full payment of all amounts due.
Sense Cloud retains the right to reuse general knowledge, ideas, methods, principles, components and generic building blocks at all times.

13. Dates and responsibility of Customer

The data that the Customer or its Users store, process or have exchanged in CAS shall remain the property of the Customer or its rights holders.
The Customer guarantees that it is entitled to use this data and have it processed through CAS.
The Customer is responsible for the content, accuracy, legality and origin of the data it processes.
Customer is itself responsible for complying with laws and regulations regarding personal data, retention periods, information security and sector-specific obligations, unless otherwise agreed in writing.
If a processor agreement is required for the provision of services, the parties will enter into it separately.

14. Availability, maintenance and support

Sense Cloud will make every effort to keep CAS available to the best of its ability, but does not guarantee the uninterrupted, error-free or fault-free operation of CAS.
Sense Cloud is entitled to carry out maintenance, implement updates, take security measures and temporarily take parts of CAS out of service.
Insofar as no separate SLA has been agreed, only best-efforts obligations apply with regard to support, availability and response times.
Support refers to reasonably supporting the Customer with questions, breakdowns and use of CAS, as far as this falls within the agreed service provision.

15. Use of third parties and open source

CAS may rely on software, APIs, data sources, hosting, cloud infrastructure or other third-party services.
Sense Cloud shall not be responsible for failures of such third parties to the extent that they are beyond its reasonable control.
If open source software or third-party components are used, additional licence terms may apply.
The Customer is responsible for compliance with applicable licence terms insofar as they relate to its use and have been made known by Sense Cloud.

16. Confidentiality

The parties will keep confidential information received from each other under the agreement strictly confidential.
Confidentiality means any information that is designated as such or whose confidential nature should reasonably be understood.
The duty of confidentiality does not apply if disclosure is necessary under a legal obligation or court order.

17. Suspension and blocking

Sense Cloud is entitled to suspend its obligations in whole or in part if the Customer fails to fulfil its obligations under the agreement.
Suspension includes taking Works temporarily offline, blocking access, limiting functionality and delaying support or delivery.
Sense Cloud shall not be liable for any damages arising from a lawful suspension or blocking.

18. Duration and termination

Unless otherwise agreed in writing, a subscription to CAS is entered into for an indefinite period.
Either party may terminate a subscription in writing subject to one month's notice.
Sense Cloud may terminate or suspend all or part of the agreement with immediate effect if the Customer materially fails to fulfil its obligations.
Upon termination of the agreement, the right to use CAS expires as of the end date.
After termination, Customer may request export or transfer of available data for a reasonable period of time, to the extent technically possible and provided that all outstanding amounts have been paid.
Sense Cloud is entitled to charge reasonable costs for data export, transfer or dismantling support.

19. Force majeure

Neither party shall be obliged to fulfil any obligation if prevented from doing so by force majeure.
Force majeure includes failures in internet or telecom connections, power failures, cyber incidents, failures at hosting or cloud suppliers, fire, flood, war, government measures, strikes, business interruptions and other causes beyond the reasonable control of Sense Cloud.
During force majeure, obligations may be suspended. If the force majeure situation continues for a prolonged period, the parties may terminate the agreement in writing without liability for damages.

20. Liability

The total liability of Sense Cloud on account of attributable failure, tort or for any other reason shall be limited to the amount paid by the Customer to Sense Cloud for CAS in the twelve months preceding the event causing the damage, up to a maximum of the amount paid by Sense Cloud's liability insurer in the specific case.
If for any reason no insurance payment is made, liability shall be limited to the amount paid by the Customer to Sense Cloud in the six months preceding the event, with a maximum of €25,000.
Any liability for indirect damage is excluded, including consequential damage, lost profit, missed savings, loss of goodwill, damage due to business interruption, damage due to data loss and damage due to third-party claims.
The limitations contained in this article shall only expire in case of intent or deliberate recklessness of Sense Cloud's management.
A condition for any right to compensation is that the Customer reports the damage to Sense Cloud in writing as soon as possible and in full.
Any claim for damages shall expire no later than 24 months after it arises.

21. Warranty

Sense Cloud shall use its best efforts to investigate and, if reasonably possible, repair reproducible errors in CAS within a reasonable time.
Sense Cloud does not guarantee that CAS will operate without interruption, without bugs or completely error-free.
No warranty applies if errors are the result of incorrect use, incorrect input, changes by the Customer or third parties, incorrect configurations beyond the control of Sense Cloud, failures in third-party systems or other causes not attributable to Sense Cloud.

22. Indemnification

The Customer shall indemnify Sense Cloud against third-party claims arising from the use of CAS by the Customer or its Users, from the data provided by the Customer or from a violation of laws and regulations by the Customer.
This indemnification includes claims relating to personal data, copyrights, database rights, unlawful content or unlawful data processing for which the Customer is responsible.

23. Transfer of rights and obligations

The Customer may not transfer rights and obligations under the agreement to third parties without Sense Cloud's prior written consent.
Sense Cloud is entitled to transfer rights and obligations under the agreement to an affiliated company or legal successor.

24. Applicable law and competent court

All legal relationships between Sense Cloud and the Customer shall be governed exclusively by Dutch law.
Disputes arising from or in connection with the agreement shall be submitted to the competent court in the district where Sense Cloud has its registered office, unless mandatory law provides otherwise.

25. Contact details

Sense Cloud B.V.
Nijbracht 144
7821 CE Emmen
E-mail: info@sense-cloud.nl
Phone: 0591-652400

Important to know

CAS is business software. These general terms and conditions have been drafted for B2B use and are in line with the
methodology of Sense Cloud and Clickker, but deserve a final legal check before publication.