General Terms and Conditions
These terms apply to all services of Matixs, regardless of which product or website you use to obtain them. In addition, appendices apply per product; these are listed at the bottom and form part of this agreement.
1. Who we are
Matixs
Company number / VAT: E-mail: mail@marketingmanagers.be — Phone:
We operate under the names Marketingmanagers, Mailmanagers, Socialmanagers, Reviewmanagers, Websitemanagers, Seomanagers, Sendmanagers, Topzaken, Let's Connect and Mintixs. Where "we" or "us" is used below, we mean Matixs.
2. Definitions
Service — any product or feature we offer via https://app.marketingmanagers.be or one of our product domains. Customer — the natural or legal person who creates an account or takes out a subscription. User — any person who works with an account on behalf of the Customer. Customer Content — everything the Customer or its Users place, upload, generate in the Service or have imported via an integration: texts, images, e-mail lists, website pages, events, reviews, product data. Appendix — an additional document to these terms that contains specific rules for one product or one integration.
3. Applicability and acceptance
By creating an account or using a Service, you accept these terms. If you act on behalf of an organization, you confirm that you are authorized to bind that organization.
We record at your registration the moment you accepted and which version of these terms applied at that time. You can read every version at https://app.marketingmanagers.be/legal.
Our services are aimed at professional customers. If you are a consumer within the meaning of the Code of Economic Law, your mandatory consumer rights remain fully applicable, even where these terms provide otherwise.
4. Account and security
You are responsible for the confidentiality of your login details and for everything that happens under your account. If you notice misuse, report it to us immediately via mail@marketingmanagers.be.
We strongly recommend two-factor authentication. You determine yourself who within your organization gets access and with what rights; that choice is your responsibility.
5. Subscriptions, prices and payment
Prices are stated on the relevant product page and are exclusive of VAT. Belgian VAT is added where applicable.
Subscriptions run per month or per year and renew automatically, unless you cancel before the end of the current period. Payments are processed via Stripe.
For what happens in the event of a failed payment, in case of an interim change to your subscription, and for the rules regarding credits and refunds, the appendix Payment, credits and refunds applies.
We may change our prices. A price change only takes effect from your next renewal and we will notify you at least thirty days in advance. If you do not agree, you can cancel before that renewal.
6. What you may do with the Service
You receive a non-exclusive, non-transferable right of use to the Service for the duration of your subscription, for your own business activity.
What is not allowed is set out in the appendix Terms of Use and Fair Use. In brief: no spam, no infringement of the rights of others, no attempts to disrupt our systems or those of third parties, and no resale of the Service without a written agreement.
7. Customer Content — you decide, you are responsible
You retain all your rights to your Customer Content. We do not become the owner.
You grant us a limited license to store, process, display and forward that content, solely to the extent necessary to provide the Service to you. Think of: publishing a page you built, sending a mailing you drafted, posting a message on a social channel you connected. That license ends when you delete the content or your account, except where we are legally obliged to retain it somewhat longer.
You are responsible for your Customer Content — for its accuracy, its lawfulness and its consequences. This specifically means that you warrant that:
- you have all the necessary rights to texts, images, logos, music and videos that you use;
- your content does not violate the law, the rights of third parties or the terms of a platform on which it ends up;
- your e-mail recipients have given valid consent and you comply with the rules on direct marketing;
- the data you publish — prices, opening hours, dates, availability, terms — are correct.
We do not exercise editorial control over your Customer Content and are not obliged to review it in advance. The fact that we have built in a moderation or approval step in certain products does not change this: such a check is superficial and serves to prevent obvious abuse, not to guarantee the accuracy or lawfulness of your content. An approved publication remains entirely your responsibility. The appendices Websites and pages you build yourself and Events and business listings elaborate on this further.
We may remove or make inaccessible content when we reasonably believe that it is unlawful, infringes the rights of third parties, violates our Terms of Use, or threatens to cause harm to us or our other customers. Where possible we will notify you in advance; in urgent cases afterwards.
You indemnify us against claims by third parties arising from your Customer Content or from your use of the Service, including reasonable legal costs. We will inform you of such a claim as soon as possible and consult with you on the approach.
8. Integrations with third-party services
Various features only work if you yourself establish a connection with an external service — Google, Meta, LinkedIn, Microsoft, payment providers and others. That connection is established because you grant permission, and you can disconnect it at any time.
Such connections are also subject to the terms of that third party. We have no control over their availability, their prices, their policies or their decisions. If a third party changes its API, restricts your access or blocks your account, we cannot be held liable for this and the associated feature lapses without this constituting a failure on our part.
Which data we process via which connection is stated in the Privacy Policy and in the appendix Integrations with Google services.
9. Availability and maintenance
We strive for an uninterrupted service and commit to the availability set out in the appendix Service Level Agreement. We announce planned maintenance in advance.
We are not responsible for disruptions that are beyond our reasonable control: your own internet connection, your equipment, network problems at third parties, or force majeure.
10. Intellectual property
The Service itself — software, design, texts, brands and logos — remains ours or that of our licensors. You receive a right of use, not ownership. You may not copy, decompile or imitate the Service, except where mandatory law permits.
If you send us suggestions or feedback, we may use them freely to improve our products, without compensation.
11. Confidentiality
What we learn from each other and what can reasonably be regarded as confidential, we keep confidential. That obligation remains in effect after the termination of the agreement.
12. Personal data
How we handle personal data is set out in the Privacy Policy.
Where we process personal data on your instructions — for example your contact list or the visitor data of your website — we act as processor and you as controller. The agreements on this are set out in the Data Processing Agreement, which is an appendix to these terms and automatically takes effect when you accept these terms. You do not need to sign anything separately for this.
13. Liability
We provide the Service with the care that you may expect from a professional provider. We do not guarantee that the Service works error-free or uninterrupted, nor that it delivers a particular commercial result.
Our liability is limited, per claim and per calendar year, to the amount you paid us for the Service concerned in the twelve months prior to the event causing the damage.
We are not liable for indirect or consequential damages: loss of profit, loss of turnover, loss of goodwill, missed assignments, reputational damage, or loss or damage of data of which you did not keep your own back-up.
Nor are we liable for:
- the content that you or your Users publish, and the consequences thereof;
- decisions you make based on statistics, reports or AI-generated suggestions from the Service;
- the actions, disruptions or policies of third parties with which you established a connection;
- damage caused by an incorrectly configured connection, an incorrectly addressed shipment or a publication that you yourself approved.
These limitations do not apply in the event of fraud, intent or gross negligence on our part, nor in the event of damage to life or physical integrity, nor where mandatory law prohibits them.
14. Duration and termination
The agreement lasts as long as you have an active account or subscription.
You can cancel at any time, effective at the end of the current subscription period. Amounts already paid for a current period will not be refunded, except where these terms or mandatory law prescribe otherwise.
We may suspend or terminate the agreement in the event of a serious or repeated breach of these terms or of the Terms of Use, after written notice and, where the nature of the breach permits, after a reasonable period to remedy it. In the event of abuse that causes immediate harm, we may suspend immediately.
After termination, your data remains available for thirty days so that you can export it. After that we delete it, except for what we are legally required to retain longer. If you have your own domain name running through us, we will cooperate with the transfer as soon as there are no outstanding invoices.
15. Changes to these terms
We may change these terms and their appendices. Minor changes — clarifications, corrections, a new subprocessor — we publish without further notice; every version remains available for consultation with its effective date.
In the case of a material change that affects your rights or obligations, we will notify you at least thirty days in advance by e-mail or via a notification in the application. If you do not agree, you can cancel before the effective date. If you continue to use the Service, this is deemed acceptance.
16. Transfer
We may transfer our rights and obligations under this agreement in the context of a merger, acquisition or restructuring. You can only do so with our written consent.
17. Applicable law and competent court
This agreement is governed by Belgian law. Disputes fall under the exclusive jurisdiction of the courts of the district of Antwerp, unless mandatory law designates another court.
If a provision is void or unenforceable, the rest remains fully in effect and we will replace the provision concerned with a valid provision that comes as close as possible to the intended purpose.
18. Appendices
The following documents form part of this agreement:
- Terms of Use and Fair Use
- Payment, credits and refunds
- Service Level Agreement
- Data Processing Agreement, with the list of subprocessors
- Websites and pages you build yourself
- Events and business listings
- Social channels and their platform terms
- Integrations with Google services
- Webinars — registration terms
- The product appendices for the Outlook add-in and the Chrome extension
In the event of a conflict between these terms and an appendix, the appendix prevails, but only for the product or connection to which it relates.