Terms of service

These terms apply to every subscription to senga, the software service provided by LOBI-SYSTEMS SRL, Mons, Belgium, BCE/KBO 1009.176.023 (“we”), to a customer (“you”).

senga is offered only to companies, self-employed professionals and public bodies acting for their professional activity. It is not offered to consumers.

The contract consists of the signed quotation or order form, these terms and the Data Processing Agreement. If they conflict, the quotation prevails, then the DPA for personal data, then these terms. Your own general terms of purchase do not apply unless we accept them in writing.

We provide access to senga as described in your quotation, either on infrastructure we operate in the European Union or on infrastructure you operate. We may improve or change features over time, provided the service as a whole does not become materially less useful to you.

We do our best to keep senga available and announce planned maintenance in advance where we can. Unless your quotation contains a service level, we do not guarantee a specific availability.

You decide who in your organization gets an account and you are responsible for what happens under those accounts. Keep credentials secret and tell us without delay if you suspect misuse.

You must not:

• use senga for anything unlawful or to store unlawful content;
• try to access data or systems you are not authorized to reach;
• disrupt the service, probe it for weaknesses without our written consent, or overload it on purpose;
• resell or give access to senga to third parties outside your organization unless your quotation allows it.

Prices, billing period and any setup fees are set in your quotation and are exclusive of VAT. We invoice in advance for each billing period. Invoices are payable within 30 days of their date.

A late payment bears interest and a fixed compensation as provided by the Belgian law of 2 August 2002 on late payment in commercial transactions. If an invoice remains unpaid 15 days after a written reminder, we may suspend access until it is paid.

We may adjust prices once a year for the next billing period, with at least 60 days' written notice. You may terminate before the new price applies.

Everything you put into senga remains yours. We use it only to provide the service to you, as your processor under the Data Processing Agreement. You are responsible for having the right to process the data you put into senga.

We keep encrypted backups of the instances we operate. You remain responsible for keeping your own copies of documents you cannot afford to lose.

senga, its software, documentation and brand belong to LOBI-SYSTEMS or its licensors. For the duration of your subscription we grant you a non-exclusive, non-transferable right to use senga for your internal business purposes.

Suggestions you send us may be used to improve senga without any obligation towards you.

Each party keeps the other's non-public information confidential and uses it only to perform the contract. This obligation continues for three years after the contract ends, and for as long as the information remains a trade secret.

Each party is liable for damage it causes by breaching the contract. Except for fraud, wilful misconduct, gross negligence and personal injury, our total liability over any twelve-month period is limited to the amount you paid for senga in that period, and neither party is liable for indirect damage such as lost profits, lost revenue or loss of business opportunity.

We are not liable for failures caused by events beyond our reasonable control, such as a failure of the internet, of a third party network or of a public authority.

The subscription runs for the period in your quotation and renews for the same period unless either party gives written notice at least 30 days before the end of the current period.

Either party may terminate with immediate effect by written notice if the other seriously breaches the contract and does not remedy it within 30 days of a written request, or becomes insolvent.

You can ask to move to another provider or to your own infrastructure at any time, with at least two months' written notice, as provided by the EU Data Act (Regulation (EU) 2023/2854). The contract then ends once the move is complete.

From the end of the notice period we give you a transition period of 30 days, which you can extend if you need it. During it the service keeps running, and we export your data, documents and settings in common machine-readable formats and help you transfer them. We tell you in advance which data cannot be exported and why. Exports are free of charge.

After the transition period, or 30 days after the contract ends, we delete your data from live systems; backups follow on their normal rotation, as described in the Data Processing Agreement.

We may update these terms. We announce changes that affect you at least 30 days before they apply. If you do not accept them, you may terminate before they apply; otherwise they apply from the next billing period.

These terms are governed by Belgian law. The parties first try to settle a dispute amicably. Failing that, the courts of the judicial district of Hainaut, division Mons, have exclusive jurisdiction.

Questions about these terms: [email protected].