Terms of Service
Last modified: January 22, 2025
Welcome to Kerkcloud. By accessing or using our service, you agree to these Terms of Service ("Terms"). Please read them carefully. If you do not agree with these Terms, you may not use our service.
For any questions about these Terms, please contact us at [email protected].
1. Scope of the Service
Kerkcloud is a Software as a Service (SaaS) platform specifically designed for churches to facilitate community engagement, administration, and content management. Our services are exclusively intended for churches and related organizations. Unauthorized use of Kerkcloud may result in account termination.
2. Data Processing and Privacy
Kerkcloud collects and processes certain personal data to facilitate user registration and member data management. By using our service, you consent to the collection and processing of this data in accordance with our Privacy Policy, which forms an integral part of these Terms. We take data protection seriously and comply with applicable EU data protection laws. Users are responsible for ensuring that any data they upload complies with applicable data protection laws, including obtaining consent where necessary from individuals whose data is managed on Kerkcloud.
3. Subscription and Billing
Kerkcloud offers a single subscription tier. Details of the current subscription price can be found in the Billing section of the app.
Users may cancel their subscription at any time. Cancellations take effect immediately; however, payments already made are non-refundable for the current term. Access to the services will continue until the end of the current billing period.
4. Copyright and Responsibility for Content
Users retain full ownership of all content they upload to Kerkcloud, including but not limited to text, images, and documents. By uploading content, you represent and warrant that you have the rights to upload and use the content within the platform. Kerkcloud disclaims all responsibility for content uploaded by users.
5. Proper Use and Termination of the Service
Kerkcloud is intended solely for lawful, ethical use by churches. We reserve the right to terminate any subscription or access to the platform if we, at our sole discretion, determine that the service is being misused, including but not limited to use outside its intended scope or in violation of applicable laws.
6. Updates to the Terms
Kerkcloud reserves the right to update these Terms with one month's notice. Users will be notified via the app and/or email. If you do not agree with the updated Terms, you have the option to cancel your subscription within this notice period without any penalty.
7. Limitation of Liability
Kerkcloud strives to maintain a reliable and functional platform for its users. However, Kerkcloud cannot be held liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use our service. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses.
Our liability, if applicable, is limited to the total amount paid by the user for the subscription period in which the claim arose. Kerkcloud’s responsibility for any direct damages is capped at this amount, and we accept no liability for issues beyond our control, including but not limited to network or technical problems experienced by users.
8. Governing Law and Dispute Resolution
These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. These Terms do not limit any consumer protection rights you may have under the mandatory laws of your country of residence.
9. Data Processing Agreement
This Data Processing Agreement ("Agreement") applies to the processing of personal data by Kerkcloud, established in the Netherlands, on behalf of the customer ("Controller").
9.1 Purpose of Processing
9.1.1 Kerkcloud will process personal data solely for the performance of services as described in the Terms of Service, including but not limited to user registration, member administration, and community management.
9.1.2 The processing of personal data will comply with applicable laws, including the General Data Protection Regulation (GDPR).
9.2 Rights and Obligations of the Controller
9.2.1 The Controller guarantees that the processing of personal data is lawful and complies with GDPR requirements.
9.2.2 The Controller is responsible for obtaining consent from data subjects, if required, and for ensuring the accuracy of the provided data.
9.3 Obligations of the Processor
9.3.1 Kerkcloud will process personal data only on the Controller’s instructions and in accordance with written agreements.
9.3.2 Kerkcloud will implement appropriate technical and organizational measures to protect personal data against loss, unauthorized access, or other forms of unlawful processing.
9.4 Security Measures
9.4.1 Kerkcloud implements security measures such as encryption, access controls, and system monitoring to safeguard personal data.
9.4.2 The Controller may request an audit to verify compliance with this Agreement.
9.5 Engagement of Sub-processors
9.5.1 Kerkcloud may engage sub-processors to perform its services. Kerkcloud ensures that these sub-processors are bound by the same obligations outlined in this Agreement.
9.5.2 An up-to-date list of sub-processors is available upon request.
9.6 Breach Notification
9.6.1 Kerkcloud will promptly notify the Controller of any data breach involving personal data.
9.6.2 Kerkcloud will provide the Controller with all information reasonably required to meet legal obligations, including reporting to supervisory authorities and affected individuals.
9.7 Data Retention and Deletion
9.7.1 Personal data will not be retained longer than necessary for the performance of services unless a legal obligation requires otherwise.
9.7.2 Upon termination of services, Kerkcloud will delete or anonymize all personal data upon the Controller’s written request.
9.8 Liability
9.8.1 Kerkcloud's liability for damages resulting from breaches of this Agreement is limited to the amounts specified in the Terms of Service.
9.8.2 Kerkcloud is not liable for fines or claims arising from the Controller’s non-compliance with GDPR.
9.9 Duration and Termination
9.9.1 This Agreement takes effect upon signature and remains valid as long as Kerkcloud processes personal data on behalf of the Controller.
9.9.2 Upon termination, Kerkcloud will cease processing personal data and delete all data unless legally required otherwise.
9.10 Governing Law and Disputes
9.10.1 This Agreement is governed by Dutch law.
9.10.2 Disputes will preferably be resolved amicably. If unresolved, they will be submitted to the competent court in the Netherlands.
Our Details
Kerkcloud is a trade name of Simon Vreman
Address: Op de Wal 28, 7122NS Enschede
Chamber of Commerce Number: 93457855