Version 13 February 2026
By creating the Account, you enter into an Agreement with Pluvo B.V. under the terms set out below:
- Pluvo B.V. has developed a software platform that makes it possible to create, manage and make available training programmes, and operates this platform under the name PLUVO;
- Customer wishes to use the Service via PLUVO;
- Pluvo B.V. and Customer have reached agreement on the use of PLUVO and set out their arrangements and terms in this Agreement;
Agree as follows:
Article 1 Definitions
1.1 In this Agreement, the following terms, whether singular or plural and always capitalised, have the following meaning:
Account
the personal environment of the Participant or Trainer, accessed by using Login Credentials;
Annex
an appendix to this Agreement and thereby an integral part of the Agreement;
Content
all information in any form, such as data, documents and materials, that Customer makes available or exchanges via the Service in any way whatsoever, including but not limited to: videos, slideshares, feedback, assessment questions, audio, presentations and personal data;
Participant
the natural person selected by Customer to take part in one or more training courses and/or assessments;
Service
the service that Pluvo B.V. provides to Customer via PLUVO, consisting mainly of creating, managing, making available and tracking training programmes;
Login Credentials
the username and password used to access the Customer Account or the Account, as applicable, in order to use the Service;
Intellectual Property Rights
all intellectual property rights and related rights, such as copyrights, trademark rights, database rights and neighbouring rights, as well as related rights such as rights in know-how and so-called sui generis database rights;
Customer
the natural or legal person that enters into this Agreement with Pluvo B.V.;
Customer Account
Customer's administrative account, accessed by using Login Credentials, through which the use of the Service and the Accounts can be managed;
Agreement
this Agreement;
PLUVO
the software as a service platform and the underlying software and documentation, including the (mobile) application and website, through which the Service is provided;
Privacy Policy
the privacy policy of Pluvo B.V., available at www.pluvo.nl/privacy;
Trainer the natural person selected by Customer who develops, provides and/or facilitates the training, and assesses tests and provides Participants with feedback.
Article 2 General
2.1 This Agreement sets out the arrangements and terms for the provision of the Service by Pluvo B.V. and the use of the Service and PLUVO by Customer, Trainer and Participant.
2.2 The applicability of any purchasing or other terms of Customer is expressly rejected.
2.3 The Agreement is formed at the moment it is signed by both Parties or at the moment Customer accepts the Agreement by ticking an acceptance box. Signature may be given either physically or electronically. Whether, and in what manner, electronic signature will take place is determined by Pluvo B.V.
2.4 Customer is granted 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 Customer with a link through which, after setting a password, access to the Customer Account is obtained.
Article 3 The Service
3.1 The Service provided by Pluvo B.V. mainly consists of offering the ability to create, manage, make available and track blended training programmes, by making PLUVO available remotely and keeping it available.
3.2 Pluvo B.V. will use 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 a best-efforts basis.
3.3 Customer can use the Service through the Customer Account. Customer is responsible for setting a password at first login in accordance with its internal password policy.
3.4 Once Customer has access to the Customer Account, Customer can create an Account for each Participant and Trainer. Customer can configure the possibilities and restrictions 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 Customer's password policy.
3.5 Customer warrants that the Trainer and Participant will at all times act in accordance with what is set out in this Agreement, and will impose on them at least the same obligations for use of the Service as are set out in this Agreement.
3.6 Customer is responsible and liable for the choice of Login Credentials by Participant and Trainer, and for any use made of the Account by the Participant and/or Trainer. As soon as Customer knows or suspects that the Login Credentials are no longer confidential, or that the Customer Account or an Account is being misused, Customer must notify Pluvo B.V. without delay and take the measures necessary to prevent unauthorised access. In such a case, Pluvo B.V. is entitled to (temporarily) block the Customer Account or the Account.
3.7 Without thereby becoming liable in any way, Pluvo B.V. is entitled to:
a. make procedural and/or technical changes and/or improvements to the Service and/or PLUVO;
b. temporarily take PLUVO and/or the Customer Account and/or Account out of service or restrict it, if Pluvo B.V. considers this necessary, for example for preventive, corrective or adaptive maintenance. Pluvo B.V. will notify Customer as soon as possible of the temporary suspension and/or the temporary restriction of the 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 and will operate without interruption. Pluvo B.V. furthermore does not guarantee that use of the Service will produce any particular result, or that the information provided is accurate and complete.
3.9 Use of the Service is at all times at Customer's own risk and responsibility. Customer indemnifies Pluvo B.V. against all third-party claims based on the assertion that Customer's and/or Trainer's and/or Participant's use of the Service is unlawful in any way, and against all third-party claims resulting from non-compliance with the Agreement by Customer and/or Trainer and/or Participant.
Article 4 Customer's responsibilities
4.1 Customer must do and refrain from doing everything that is reasonably necessary and desirable to enable the Service to be performed correctly and on time, including but not limited to procuring and/or ensuring the adequate functioning of Customer's infrastructure and providing the necessary data and documents in good time. If Customer fails to comply with the foregoing, Pluvo B.V. is entitled to fully or partially suspend performance of the Agreement and to charge the resulting costs at Pluvo B.V.'s usual rates, without prejudice to Pluvo B.V.'s right to exercise any other statutory and/or agreed right.
4.2 Customer is responsible for the use of the Service by Customer, Trainers and Participants. Customer is itself responsible for putting the Service into use, for the correct configuration of the Service and for the correct choice of computer, data or telecommunications facilities, including internet, and for their timely and complete availability.
4.3 Customer is responsible for checking and assessing the accuracy and completeness of the results of the Service and of the training courses, analyses, scores, assessments and assessment results generated through use of the Service.
Article 5 Content
5.1 The Service makes it possible to develop training programmes and Content, as well as to add existing Content to a training programme. The Content is used by Trainers and Participants and may be stored in PLUVO's archive. Customer, and, to the extent Customer has given permission, the Trainer and/or Participant, have access only to Customer's own environment within PLUVO's archive and have no access to the environment in other customers' archives.
5.2 Customer is responsible and liable for posting Content. It is not permitted to post Content:
a. that, in Pluvo B.V.'s opinion, is discriminatory or is otherwise considered offensive or inappropriate;
b. that incites violence or the harassment of another person or persons;
c. that leads to, or results from, the exploitation or abuse of another person or persons;
d. that, in Pluvo B.V.'s opinion, is contrary to public morals or taste, is violent or inappropriately sexist, and/or contains a hyperlink to pornographic material;
e. that requests or makes available personal data of minors, and/or makes available personal data of others without consent;
f. that promotes the commission of illegal activities;
g. that is based on untruths and/or is misleading;
h. that contains viruses, Trojan horses, worms, bots or other software that can damage, render unusable or inaccessible, delete, or appropriate an automated system, or that is intended to circumvent technical protection measures of PLUVO and/or Pluvo B.V.'s computer systems;
i. that places an unreasonable or disproportionate burden on PLUVO's infrastructure or impedes PLUVO's functionality;
j. that consists of assuming a false identity and/or wrongly 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 Pluvo B.V.'s opinion, is otherwise considered indiscreet or incorrect in any way, including but not limited to petitions, lotteries, competitions, pyramid schemes, or photos, videos, comments, statistics or images of others without their consent;
m. that is contrary to this Agreement, the Privacy Policy and/or other applicable laws and regulations;
n. that infringes the rights of Pluvo B.V. and/or third parties;
o. that is otherwise unlawful in any way; or
p. that may harm the interests and/or reputation 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 referred to in Article 5.2. Pluvo B.V. is only required, whether or not after receiving a notification, to remove Content that is manifestly unlawful or to stop activity that is manifestly unlawful. To that end, Pluvo B.V. will first consult with Customer before blocking Content or stopping 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 valid reasons to doubt the accuracy of the notification or the lawfulness of the evidence provided with it, or if a balancing of interests requires this of it. In this context, Pluvo B.V. may, for example, require a ruling from a competent court in the Netherlands showing that the material or activity in question is manifestly unlawful.
5.5 The foregoing applies equally to Content made available or exchanged via the chat function in PLUVO.
Article 6 Fees
6.1 Customer owes a fee for use of the Service. This fee consists of a subscription-based fee. 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 payable monthly or annually in advance and is collected by invoice or direct debit. In the event of non-payment, the Customer Account and the Accounts are 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 its prices at any time. Pluvo B.V. will notify Customer of this at least 30 days in advance. If Customer does not agree with the price increase, Customer may terminate the Agreement within 14 days of the announcement of the price increase, effective as of the date on which the price increase would take effect, subject to Article 11.
6.4 Notwithstanding the previous paragraph, Pluvo B.V. is entitled to increase its prices annually by a maximum of 5%, without Customer thereby gaining the right to terminate the Agreement.
6.5 In the event of non-payment (or late or incomplete payment), Customer is immediately in default, without any prior notice of default being required. From the moment of default, Customer owes interest equal to the statutory commercial interest rate.
6.6 If Customer remains in default of payment of the claim after being sent a reminder or notice of default, Pluvo B.V. may refer the claim for collection. In that case, all costs incurred by Pluvo B.V., such as litigation costs and extrajudicial and judicial costs, including the costs of legal assistance, bailiffs and collection agencies incurred in connection with late payments, are payable by Customer.
6.7 Complaints regarding the Service or PLUVO do not suspend Customer's payment obligation. Pluvo B.V. is entitled to suspend the performance of its obligations under this Agreement until Customer has met its payment obligations.
Article 7 Privacy
7.1 In connection with the performance of the Agreement, Pluvo B.V. will process personal data within the meaning of the General Data Protection Regulation (GDPR) for Customer. The Parties agree that, insofar as Pluvo B.V. processes personal data on Customer's instructions, Pluvo B.V. qualifies as a processor within the meaning of the GDPR and Customer as controller. Pluvo B.V. and Customer will enter into a data processing agreement in respect of Pluvo B.V.'s processing of personal data on Customer's instructions, in accordance with the model attached as an Annex to this Agreement.
7.2 Insofar as Pluvo B.V. qualifies as controller within the meaning of the GDPR in connection with offering the Service and performing this Agreement, the Privacy Policy describes how Pluvo B.V. processes personal data.
Article 8 Intellectual Property Rights
8.1 All Intellectual Property Rights in respect of 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 Customer and/or the Trainer and/or the Participant, belong exclusively to Pluvo B.V. or its licensors.
8.2 Provided Customer complies with its obligations under the Agreement, including in any case its payment obligations, Pluvo B.V. grants Customer 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 Customer may sublicense the right of use 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, Customer may not modify, reproduce or decompile the software underlying PLUVO, or apply reverse engineering to the software. Nor is Customer permitted to take any action aimed or intended to discover or obtain the source code of the software, or to engage or assist third parties in such actions, or to remove or alter any indication of 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, Customer is not permitted to remove or circumvent such protection.
8.6 All of Customer's Intellectual Property Rights, including the Intellectual Property Rights in the Content and those relating to the personalisation of the training, including the brand, logos, images, and the look and feel of the training and images, remain the property of Customer or its licensors. By using the Service, Customer automatically grants Pluvo B.V. a free, worldwide, perpetual, irrevocable, sublicensable and transferable licence to use and reproduce the Intellectual Property Rights, insofar as necessary in connection with the provision of the Service. Customer warrants that it is entitled to grant this licence to Pluvo B.V.
Article 9 Liability
9.1 Pluvo B.V.'s liability for an attributable failure in the performance of the Agreement, a tort or any other act or omission by Pluvo B.V., its employees or third parties engaged by it, including expressly any failure to comply with a warranty obligation agreed with Customer, is limited to compensation for direct damage. Pluvo B.V.'s total liability for direct damage does not exceed the total amount that Customer has paid to Pluvo B.V. under the Agreement in the six (6) calendar months preceding the event giving rise to the liability (excl. VAT). However, Pluvo B.V.'s total liability is in no case higher than € 2,000 (excl. VAT).
9.2 "Direct damage" means solely:
a. property damage;
b. reasonable costs that Customer would have to incur to ensure that Pluvo B.V.'s performance complies with the Agreement; however, this alternative damage will not be compensated if the Agreement has been rescinded by Customer (including a rescission by the competent court for the benefit of Customer) (Section 6:265 of the Dutch Civil Code);
c. reasonable costs incurred by Customer to establish the cause and extent of the damage, insofar as the establishment relates to direct damage within the meaning of this Agreement;
d. reasonable costs incurred to prevent or limit damage, insofar as Customer can demonstrate that these costs have led to a reduction 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 Article 9.2, including consequential damage arising from or in connection with the Agreement, including, without limitation, loss of profit, loss of turnover, loss of anticipated savings and other similar financial losses such as loss of goodwill or reputation, or other incidental, indirect damage, or punitive or exemplary damages of any kind, regardless of whether Customer has notified 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 set out in the preceding paragraphs of this Article do not apply insofar as the damage was caused by intent or gross negligence on the part of Pluvo B.V. or its directors.
9.7 Pluvo B.V.'s liability for an attributable failure in the performance of the Agreement arises only if Customer gives Pluvo B.V. prompt and proper written notice of default, setting a reasonable period within which to remedy the failure, and Pluvo B.V. remains attributably in default of its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible, so that Pluvo B.V. is able to respond to it adequately.
9.8 A condition for any right to compensation to arise is that Customer notifies Pluvo B.V. of the damage in writing within 30 days of it arising. Customer's right to claim compensation under this Agreement, on the basis of tort or otherwise, lapses in any case one (1) year after the event occurred that gave rise to the claim or proceedings.
Article 10 Force Majeure
10.1 Pluvo B.V. is not required to fulfil any obligation towards Customer if it is prevented from doing so as a result of a circumstance that is not due to its fault and that is not for its account by virtue of the law, a legal act or generally accepted standards ("Force Majeure").
10.2 In addition to what is understood as such under the law and case law, Force Majeure also includes all external causes, foreseen or unforeseen, over which Pluvo B.V. has no control but as a result of which Pluvo B.V. is unable to fulfil its obligations. Force Majeure is understood to include in particular: domestic unrest, SYN flood attacks, network attacks, denial-of-service or distributed denial-of-service attacks, mobilisation, war, transport obstruction, strikes, lockouts, business disruptions, stagnation in supplies, fire, flooding, import and export restrictions, and cases where Pluvo B.V.'s own suppliers, for whatever reason, are unable to deliver, as a result of which Pluvo B.V. cannot reasonably be required to perform the Agreement.
10.3 Pluvo B.V. may suspend its obligations under the Agreement for the duration of the Force Majeure. If this period lasts longer than 60 days, either Party is entitled to rescind the Agreement, without any obligation to compensate the other Party for damage.
10.4 Insofar as, at the time Force Majeure occurs, Pluvo B.V. has already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and the part already performed or still to be performed has independent value, Pluvo B.V. is entitled to invoice the part already performed or still to be performed separately. Customer is required to pay the invoice.
Article 11 Term and termination
11.1 The Agreement is entered into for the term specified in the Agreement:
– for a monthly contract, for a term of one (1) month,
– for an annual contract, for a term of twelve (12) months.
After the initial term expires, the Agreement is automatically renewed each time for the same term, unless one of the Parties gives written notice of termination no later than one (1) month before the end of the current contract period. Interim termination is not possible.
11.2 If the Agreement is rescinded due to a failure by one of the Parties, the performance already received by Customer at the time of rescission in connection with performance of the Agreement, and the associated payment obligation, will not be undone. Amounts invoiced by Pluvo B.V. prior to the rescission remain payable in full and become immediately due and payable at the time of rescission.
11.3 Pluvo B.V. is entitled to terminate the Agreement in whole or in part, without any notice of default being required, if a (provisional) suspension of payment is granted to Customer, if Customer's bankruptcy is applied for, if Customer's business is liquidated or discontinued other than for the purposes of reconstruction or merger of businesses, or if decisive control over Customer's business changes.
11.4 Pluvo B.V. will never be required, due to termination, rescission or any other manner of ending the Agreement, to refund amounts already received or to pay any compensation.
11.5 The right of Customer, Trainers and Participants to use and access the Service lapses by operation of law in the event of termination, rescission or any other manner of ending the Agreement.
11.6 If Customer fails to comply, fails to comply fully, or fails to comply in time with its obligations under the Agreement, Pluvo B.V. is entitled, without any reminder or notice of default being required, to suspend or terminate performance of the Agreement in whole or in part. This provision does not affect Pluvo B.V.'s right to exercise any other statutory and/or agreed right.
11.7 Upon termination of the Agreement, for whatever reason, Pluvo B.V. will delete the Customer Account, the Accounts and the Content. Pluvo B.V. is not required to provide any Content or information, or to convert or export such information. The licence referred to in Article 8.6 with respect to the Content remains in full force and effect after termination of the Agreement.
11.8 The provisions that are intended to remain in effect after termination, rescission or any other manner of ending the Agreement will survive termination, rescission or such other manner of ending the Agreement.
Article 12 Confidentiality
12.1 The Parties will treat as confidential all information that they provide to each other before, during or after performance of the Agreement, where such information is marked as confidential or where the receiving Party knows or reasonably ought to suspect that the information was intended to be confidential. The Parties will also impose this obligation on their employees and on third parties engaged by them for the performance of the Agreement.
Article 13 Final provisions
13.1 Information and announcements on the PLUVO website and within the Service are subject to programming and typing errors. In the event of any inconsistency between the website and the Agreement, the Agreement prevails.
13.2 Wherever this Agreement refers to "in writing", this also includes email.
13.3 Customer declares that it is authorised to enter into this Agreement.
13.4 Customer agrees that Pluvo B.V. may transfer to a third party, without Customer's consent, the rights it is entitled to and the obligations it has under the Agreement. If Customer wishes to transfer to a third party the rights it is entitled to and the obligations it has under the Agreement, Pluvo B.V.'s written consent is required.
13.5 This Agreement and the use of the Service and PLUVO are governed by Dutch law.
13.6 All disputes that may arise between Pluvo B.V. and Customer as a result of or in connection with this Agreement will be submitted to the exclusively competent court in Amsterdam.