Version February 13, 2026
By creating the Account, you enter into an Agreement with Pluvo B.V. under the terms and conditions set out below:
Agree as follows:
1.1 In this Agreement, the following terms, whether in the singular or plural and always capitalized, have the following meanings:
Account
the personal environment of the Participant or Trainer accessed through the use of Login Credentials;
Annex
an appendix to this Agreement, forming an integral part of the Agreement;
Content
all information in any form, such as data, documents, and materials, made available or exchanged by the Customer in any way via the Service, including but not limited to: videos, slideshares, feedback, test questions, audio, presentations, and personal data;
Participant
a natural person selected by the Customer to participate in one or more training courses and/or tests;
Service
the service provided by Pluvo B.V. to the Customer via PLUVO, which primarily consists of creating, managing, making available, and tracking training programs;
Login Credentials
the username and password used to access the Customer Account or the Account in order to use the Service;
Intellectual Property Rights
all intellectual property rights and related rights, such as copyrights, trademark rights, database rights, and neighboring rights, as well as related rights such as rights to know-how and performance rights;
Customer
the natural person or legal entity entering into this Agreement with Pluvo B.V.;
Customer Account
the Customer's administrative account accessed using the Login Credentials, which allows for the management of the use of the Service and the Accounts;
Agreement
this Agreement;
PLUVO
the software as a service platform and the underlying software and documentation, including (mobile) application and website, through which the Service is provided;
Privacy Policy
the privacy policy of Pluvo B.V., which can be found at www.pluvo.nl/privacy;
Trainer: the natural person selected by the Customer who develops, provides, and/or supervises the training, as well as assesses tests and provides feedback to the Participants.
2.1 This Agreement contains the arrangements and terms for the provision of the Service by Pluvo B.V. and the use of the Service and PLUVO by the Customer, Trainer, and Participant.
2.2 The applicability of the Customer's purchasing or other terms and conditions is expressly rejected.
2.3 The Agreement is concluded at the moment it is signed by both Parties or at the moment the Customer has accepted the Agreement by confirming via an acceptance checkbox. Signing can be done either physically or electronically. Whether and in what manner electronic signing will take place is determined by Pluvo B.V.
2.4 The Customer gains access to the Service once the signed Agreement has been received by Pluvo B.V. Within 2 days of receiving the signed Agreement, Pluvo B.V. will provide the Customer with a link that, after creating a password, grants access to the Customer Account.
3.1 The provision of the Service by Pluvo B.V. consists primarily of offering the ability to create, manage, make available, and track blended training programs by making PLUVO available and keeping it available remotely.
3.2 Pluvo B.V. will make its best efforts to provide the Service with due care. Unless expressly agreed otherwise in writing, the Service is performed by Pluvo B.V. on the basis of an obligation of effort.
3.3 The Customer can use the Service via the Customer Account. The Customer is responsible for setting a password upon the first login in accordance with their internal password policy.
3.4 Once the Customer has access to the Customer Account, the Customer can create an Account for each Participant and Trainer. The Customer can set the capabilities and limitations of the Account. The Participant and Trainer gain access to the Account by clicking the link in the email they receive and setting a password in accordance with the Customer's password policy.
3.5 The Customer warrants that the Trainer and Participant will at all times act in accordance with the provisions of this Agreement and will impose at least the same obligations on them regarding the use of the Service as set out in this Agreement.
3.6 The Customer is responsible and liable for the choice of Login Credentials by the Participant and Trainer and for any use made of the Account by the Participant and/or Trainer. As soon as the Customer knows or suspects that the Login Credentials are no longer confidential or that there is misuse of the Customer Account or an Account, the Customer must notify Pluvo B.V. immediately and take the necessary measures to prevent unauthorized access. In such cases, Pluvo B.V. is entitled to (temporarily) block the Customer Account or the Account.
3.7 Without being liable in any way, Pluvo B.V. is entitled to:
a. to make procedural and/or technical adjustments and/or improvements to the Service and/or PLUVO;
b. to temporarily suspend or restrict PLUVO and/or the Customer Account and/or Account if, in the opinion of Pluvo B.V., this is necessary, for example for the purpose of preventive, corrective, or adaptive maintenance. Pluvo B.V. will notify the Customer as soon as possible of the temporary suspension and/or temporary restricted use of PLUVO;
3.8 Unless otherwise agreed, Pluvo B.V. does not guarantee that the Service and/or PLUVO will be free of defects or will operate without interruption. Furthermore, Pluvo B.V. does not guarantee that the use of the Service will lead to specific results or that the information provided is accurate and complete.
3.9 Use of the Service is at all times at the Customer's own risk and responsibility. The Customer shall indemnify Pluvo B.V. against all third-party claims based on the assertion that the use of the Service by the Customer and/or Trainer and/or Participant is in any way unlawful, as well as all third-party claims resulting from the Customer's and/or Trainer's and/or Participant's failure to comply with the Agreement.
4.1 The Customer is required to do and refrain from doing everything that is reasonably necessary and desirable to enable the timely and proper execution of the Service, including but not limited to purchasing and/or ensuring the adequate functioning of the Customer's infrastructure and the timely provision of necessary data and documents. If the Customer does not comply with the provisions of the previous sentence, Pluvo B.V. has the right to suspend the execution of the Agreement in whole or in part and to charge the resulting costs according to the standard rates of Pluvo B.V., all without prejudice to the right of Pluvo B.V. to exercise any other legal and/or agreed-upon right.
4.2 The Customer is responsible for the use of the Service by the Customer, Trainers, and Participants. The Customer is responsible for the implementation of the Service, the correct settings of the Service, and the correct choice of computer, data, or telecommunication facilities, including the internet, and for their timely and full availability.
4.3 The Customer is responsible for checking and assessing the accuracy and completeness of the results of the Service and the training courses, analyses, scores, tests, and test results generated through the use of the Service.
5.1 The Service makes it possible to develop training programs and Content, as well as to add existing Content to the training program. The Content is used by Trainers and Participants and can be stored in the PLUVO archive. The Customer, and insofar as permission has been granted by the Customer, the Trainer and/or Participant, have access only to the Customer's own environment in the PLUVO archive and do not have access to the environment in the archive of other customers.
5.2 The Customer is responsible and liable for posting Content. It is not permitted to post Content:
a. that, in the opinion of Pluvo B.V., is discriminatory or is otherwise found to be offensive or inappropriate;
b. that incites violence or the harassment of another person or persons;
c. that leads to or is the result of the exploitation or abuse of another person or persons;
d. that, in the opinion of Pluvo B.V., is contrary to public morality or good taste, is violent or inappropriately sexist, and/or contains a hyperlink to pornographic material;
e. in which personal data of minors is requested or made available, and/or in which personal data of others is made available without consent;
f. that promotes the commission of illegal activities;
g. that is based on falsehoods and/or is misleading;
h. that contains viruses, Trojan horses, worms, bots, or other software that could damage, render unusable or inaccessible, delete, or misappropriate an automated work, or that is intended to circumvent the technical protection measures of PLUVO and/or the computer systems of Pluvo B.V.;
i. that places an unreasonable or disproportionate load on the PLUVO infrastructure or interferes with the functionalities of PLUVO;
j. that consists of assuming a false identity and/or falsely suggesting an affiliation with Pluvo B.V.;
k. that involves chain letters, junk mail, or spamming, and/or that requests passwords or other personally identifiable information for commercial purposes;
l. that, in the opinion of Pluvo B.V., is found to be indiscreet or incorrect in any other way, including but not limited to petitions, lotteries, contests, pyramid schemes, or photos, videos, comments, statistics, or likenesses of others without their consent;
m. that is in violation of this Agreement, the Privacy Policy, and/or other applicable laws and regulations;
n. that infringes upon the rights of Pluvo B.V. and/or third parties;
o. that is unlawful in any other way; or
p. that may harm the interests and/or good name of Pluvo B.V.
5.3 Pluvo B.V. is not liable for any damage arising in connection with the (unlawful) use of the Service, including the posting and use of Content as mentioned in Article 5.2. Pluvo B.V. is only obligated to remove unmistakably unlawful Content or stop unmistakably unlawful activity, whether or not after receiving a report. To this end, Pluvo B.V. will first consult with the Client before proceeding to block Content or stop an activity.
5.4 Pluvo B.V. reserves the right not to grant a request to block Content or stop an activity if it has reasonable grounds to doubt the accuracy of the report or the lawfulness of the evidence provided, or if a balancing of interests requires it. In this context, Pluvo B.V. may, for example, require a court ruling from a competent court in the Netherlands demonstrating that the material or activity in question is unmistakably unlawful.
5.5 The foregoing applies equally to Content made available or exchanged via the chat function in PLUVO.
6.1 The Client owes a fee for the use of the Service. This fee consists of a subscription-based charge. The amount and frequency of the fee depend on the features of the chosen subscription and the number of Participants.
6.2 The fee is due monthly or annually in advance and is collected via invoice or direct debit. In the event of non-payment, the Client account and the Accounts will be blocked. Depending on the chosen payment period, an invoice is sent monthly or annually, and all payments can be viewed in the Account.
6.3 Pluvo B.V. is entitled to change the applied prices at any time. Pluvo B.V. will notify the Client of this at least 30 days in advance. If the Client does not agree with the price increase, they may terminate the Agreement within 14 days of the announcement of the price increase, effective from the date the price increase would take effect, in accordance with Article 11.
6.4 Without prejudice to the provisions of the previous paragraph, Pluvo B.V. is entitled to increase the applied prices annually by a maximum of 5%, without the Client thereby gaining the right to terminate the Agreement.
6.5 In the event of non-payment (or late or incomplete payment), the Client is immediately in default, without any prior demand or notice of default being required. From the moment of default, the Client owes interest equal to the statutory commercial interest.
6.6 If the Client remains in default of payment after a reminder or notice of default, Pluvo B.V. may hand over the claim for collection. In that case, all costs incurred by Pluvo B.V., such as legal costs and extrajudicial and judicial costs, including costs for legal assistance, bailiffs, and collection agencies, incurred in connection with late payments, shall be borne by the Client.
6.7 Complaints regarding the Service or PLUVO do not suspend the payment obligation. Pluvo B.V. is entitled to suspend the fulfillment of its obligations under this Agreement until the Client has met its payment obligations.
7.1 In the context of the execution of the Agreement, Pluvo B.V. will process personal data within the meaning of the General Data Protection Regulation (GDPR) for the Client. The parties agree that, insofar as Pluvo B.V. processes personal data on behalf of the Client, Pluvo B.V. is to be regarded as a processor within the meaning of the GDPR and the Client as the controller. With regard to the processing of personal data by Pluvo B.V. on behalf of the Client, Pluvo B.V. and the Client will enter into a data processing agreement in accordance with the model attached to this Agreement as an Annex.
7.2 To the extent that Pluvo B.V. is to be regarded as a controller within the meaning of the GDPR in the context of offering the Service and executing this Agreement, the Privacy Policy describes how Pluvo B.V. processes personal data.
8.1 All Intellectual Property Rights regarding the Service and PLUVO, including but not limited to the software, including preparatory material such as manuals, the website, or other information and materials that Pluvo B.V. makes available to the Client and/or the Trainer and/or the Participant, remain exclusively with Pluvo B.V. or its licensors.
8.2 Provided that the Client complies with its obligations under the Agreement, including in any case its payment obligations, Pluvo B.V. grants the Client a limited, personal, revocable, non-exclusive, and non-transferable right to remotely access and use the Service and PLUVO in accordance with the Agreement.
8.3 The Client may sublicense the right of use as referred to in the previous paragraph to Trainers and Participants by creating Accounts and adding Trainers and Participants, whether or not via a group.
8.4 Except to the extent permitted by mandatory law, the Client may not modify, reproduce, decompile, or reverse engineer the software underlying PLUVO. The Client is also not permitted to take any action with the aim or intent of discovering or obtaining the source code of the software, nor to engage third parties or assist in such actions, or to remove or modify any indication regarding Intellectual Property Rights, including any indications regarding the confidential nature and secrecy of works.
8.5 Pluvo B.V. is permitted to take technical measures to protect its Intellectual Property Rights. If Pluvo B.V. has secured the works by means of technical protection, the Client is not permitted to remove or circumvent this protection.
8.6 All Intellectual Property Rights of the Client, including Intellectual Property Rights to the Content and those relating to the personalization of the training, including the brand, logos, images, the look and feel of the training, and images, remain the property of the Client or its licensors. By using the Service, the Client grants Pluvo B.V. a royalty-free, worldwide, non-exclusive license to use and reproduce these Intellectual Property Rights, solely to the extent necessary to provide the Service. This license is valid for the duration of the Agreement and ends upon its termination, provided that Pluvo B.V. remains entitled to use the Content for the period reasonably necessary to provide the data export to the Client and subsequently delete the data from its systems in accordance with the Data Processing Agreement. The Client warrants that it is entitled to grant this license to Pluvo B.V.
9.1 Pluvo B.V.'s liability for a culpable failure to perform the Agreement, a tort, or any other act or omission by Pluvo B.V., its employees, or third parties engaged by it, expressly including any failure to fulfill a warranty obligation agreed upon with the Client, is limited to compensation for direct damage. The total liability of Pluvo B.V. regarding direct damage shall not exceed the total amount paid by the Client to Pluvo B.V. under the Agreement in the six (6) calendar months preceding that event (excl. VAT). In no event, however, shall Pluvo B.V.'s total liability exceed € 2,000 (excl. VAT).
9.2 "Direct damage" means exclusively:
a. property damage;
b. reasonably incurred costs that the Client would have to incur to ensure that Pluvo B.V.'s performance is in accordance with the Agreement; however, this alternative damage will not be reimbursed if the Agreement has been dissolved by the Client (including dissolution by the competent court on behalf of the Client) (Article 6:265 of the Dutch Civil Code);
c. reasonably incurred costs by the Client to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of this Agreement;
d. reasonably incurred costs to prevent or limit damage, insofar as the Client can demonstrate that these costs led to a limitation of the direct damage within the meaning of this Agreement;
9.3 Pluvo B.V. is not liable for any damage other than direct damage as described in Art. 9.2, including consequential damage arising from or in connection with the Agreement, including, without limitation, loss of profit, loss of revenue, loss of expected savings, and other similar financial losses such as loss of goodwill or reputation, or any other incidental, indirect damage, or punitive or exemplary damages of any kind, regardless of whether the Client has informed Pluvo B.V. of the possibility of such damage, compensation, or loss.
9.4 Pluvo B.V. is never liable for services provided by Pluvo B.V.'s suppliers.
9.5 Pluvo B.V. is never liable for damage resulting from Force Majeure, see Article 10.
9.6 The limitations mentioned in the preceding paragraphs of this article do not apply if and to the extent that the damage is caused by intent or gross negligence on the part of Pluvo B.V. or its directors.
9.7 Pluvo B.V.'s liability for a culpable failure to fulfill the Agreement only arises if the Client provides Pluvo B.V. with a proper written notice of default without delay, setting a reasonable period for remedying the failure, and Pluvo B.V. continues to culpably fail to fulfill its obligations after that period. The notice of default must contain a description of the failure that is as detailed as possible, so that Pluvo B.V. is able to respond adequately.
9.8 A condition for any right to compensation is that the Client reports the damage in writing to Pluvo B.V. within 30 days of its occurrence. The Client's right to claim damages under this Agreement, based on tort or otherwise, expires in any case one (1) year after the event occurred that led to the claim or proceedings.
10.1 Pluvo B.V. is not required to fulfill any obligation to the Client if it is hindered by a circumstance that is not due to its fault and is not for its account under the law, a legal act, or generally accepted practices ("Force Majeure").
10.2 Force majeure includes, in addition to what is understood by law and jurisprudence, all external causes, whether foreseeable or not, over which Pluvo B.V. has no control, but which prevent Pluvo B.V. from fulfilling its obligations. In particular, force majeure includes: civil unrest, synflood, network attacks, Denial-of-Service or Distributed Denial of Service attacks, mobilization, war, transport disruptions, strikes, lockouts, operational failures, supply chain stagnation, fire, flooding, import and export restrictions, and cases where Pluvo B.V. is unable to deliver due to its own suppliers, regardless of the reason, making it unreasonable to expect Pluvo B.V. to fulfill the Agreement.
10.3 Pluvo B.V. may suspend its obligations under the Agreement during the period that the Force Majeure continues. If this period lasts longer than 60 days, each of the Parties is entitled to dissolve the Agreement without any obligation to compensate the other Party for damages.
10.4 To the extent that Pluvo B.V. has already partially fulfilled its obligations under the Agreement at the time of the occurrence of Force Majeure, or will be able to fulfill them, and the fulfilled or to-be-fulfilled part has independent value, Pluvo B.V. is entitled to invoice the fulfilled or to-be-fulfilled part separately. The Client is obliged to pay this invoice.
11.1 The Agreement is entered into for the duration specified in the Agreement:
– for a monthly contract, for a duration of one (1) month,
– for an annual contract, for a duration of twelve (12) months.
After the initial term, the Agreement shall be tacitly renewed for the same duration each time, unless one of the parties cancels the Agreement in writing no later than one (1) month before the end of the current contract period. Interim cancellation is not possible.
11.2 If the Agreement is dissolved due to a breach by one of the Parties, the services already received by the Client at the time of dissolution in performance of the Agreement and the associated payment obligations shall not be subject to reversal. Amounts invoiced by Pluvo B.V. prior to the dissolution shall remain due and payable and shall become immediately due and payable at the time of dissolution.
11.3 Pluvo B.V. is entitled to cancel the Agreement in whole or in part, without any notice of default being required, if the Client is granted a suspension of payments (whether provisional or otherwise), if the Client's bankruptcy is filed, if the Client's business is liquidated or terminated (other than for the purpose of reconstruction or merger of companies), or if there is a change in the decisive control over the Client's business.
11.4 Pluvo B.V. shall never be required to refund any monies already received or to pay any damages due to the cancellation, dissolution, or other termination of the Agreement.
11.5 The right of the Client, Trainers, and Participants to use and access the Service shall expire by operation of law in the event of cancellation, dissolution, or any other form of termination of the Agreement.
11.6 If the Client fails to fulfill its obligations under the Agreement, or fails to do so fully or in a timely manner, Pluvo B.V. is entitled to suspend or terminate the performance of the Agreement, in whole or in part, without any notice of default or demand being required. This provision does not prejudice Pluvo B.V.'s right to exercise any other legal and/or agreed-upon rights.
11.7 Upon termination of the Agreement, for any reason whatsoever, Pluvo B.V. shall, at the Client's request, provide a full data export in accordance with the applicable SLA before deleting the Client Account, the Accounts, and the Content. Once the data export has been made available, or if no such export has been requested within the period agreed upon in the SLA, Pluvo B.V. shall delete the Client Account, the Accounts, and the Content. The license regarding the Content referred to in Article 8.6 shall terminate upon termination of the Agreement, except for the limited continuation described in Article 8.6 for the purpose of providing the data export and the subsequent deletion of the data.
11.8 Provisions intended to remain in effect after the cancellation, dissolution, or other termination of the Agreement shall survive the cancellation, dissolution, or other termination of the Agreement.
12.1 The Parties shall treat all information provided to each other before, during, or after the performance of the Agreement as confidential if such information is marked as confidential or if the receiving Party knows or should reasonably suspect that the information was intended to be confidential. The Parties shall also impose this obligation on their employees and any third parties engaged by them for the performance of the Agreement.
13.1 Information and communications on the PLUVO website and within the Service are subject to programming and typographical errors. In the event of any inconsistency between the website and the Agreement, the Agreement shall prevail.
13.2 Where this Agreement refers to 'in writing', this also includes email.
13.3 The Client declares that they are authorized to enter into this Agreement.
13.4 The Client agrees that Pluvo B.V. may transfer its rights and obligations under the Agreement to a third party without the Client's consent. If the Client wishes to transfer its rights and obligations under the Agreement to a third party, the written consent of Pluvo B.V. is required.
13.5 This Agreement and the use of the Service and PLUVO are governed by Dutch law.
13.6 Any disputes that may arise between Pluvo B.V. and the Client in connection with or resulting from this Agreement shall be submitted to the exclusive jurisdiction of the courts in Amsterdam.
