Terms and conditions

Who we are

NearPin is a trade name of Martijn Moes, trading as Intermoes (sole proprietorship, Chamber of Commerce number 53229924), based at Hellehoek 7, 3238 AE Zwartewaal, the Netherlands. Questions about these terms can be sent to demo@nearpin.io.

Applicability and business use

These terms apply to all offers, trial periods and agreements from NearPin. The service is intended solely for business use. The customer declares to be acting in the exercise of a profession or business. The customer's own terms do not apply.

Service

NearPin provides an embeddable surroundings widget and related online services. The widget helps visitors discover relevant POIs around a customer location. NearPin is not a booking platform and does not vouch for the services, prices, availability or safety of the POIs shown.

NearPin is not responsible for the content on the customer's website where the widget is shown.

Subscription and prices

The customer pays per widget per month. One widget belongs to one location. Current prices, excluding VAT, are listed on the pricing page. Extra options for a widget are billed separately.

NearPin may change its prices. NearPin announces a price increase for an existing subscription at least 30 days in advance, and it takes effect from the next billing period. If the increase is substantial, the customer can cancel before it takes effect.

In addition, NearPin may index its prices once a year based on the consumer price index (CPI) published by Statistics Netherlands (CBS). NearPin also announces an indexation at least 30 days in advance. If the customer has a discount, such as an early bird discount, it is a fixed amount per month. That amount stays the same after a price increase or indexation.

Trial period and activation

The first widget of an account can be used free of charge for 14 days and is live during that period. No trial period applies to any further widget: it goes live from activation. If the customer wants to continue afterwards, the customer activates the widget; the subscription then runs monthly by direct debit. Without activation and payment, the widget is switched off after the trial period. If the customer takes out a subscription during the trial period, the remainder of the trial period lapses and no new trial period replaces it.

When creating an account, the customer agrees to these terms and to the privacy policy. Activation is the moment the customer becomes bound: the customer then gives explicit consent again and acknowledges that a paid plan is non-refundable on early cancellation. NearPin records the moment, the version of these terms and the plan chosen.

Payment and direct debit

The customer pays monthly by automatic SEPA direct debit. At the first payment, the customer gives a mandate through our payment provider Mollie. NearPin then collects the amounts according to the chosen plan.

The first payment is for a full month. After that the direct debit takes place every month on the day of that first payment; if that was the 29th, 30th or 31st, on the 28th. NearPin announces it in advance by email stating the amount and the date: at the start, and again whenever the amount changes. NearPin announces a change it makes at least 14 days before collection. If the customer switches on an extra widget or option (also again), it is active right away and the customer pays from that day: the rest of the current period is included in the next direct debit or monthly invoice, followed by the monthly amount. The customer then expressly agrees that the new amount already applies to that direct debit, even if it falls within 14 days. The customer cannot switch off this notice.

The customer can withdraw the mandate at any time with their own bank. The customer then continues to pay the amount owed by another method.

NearPin creates the invoice for a direct debit the day before the debit. If a direct debit fails, Mollie retries it a number of times and NearPin keeps the customer informed. If payment still has not succeeded 7 days after the first failed debit, the customer pays the invoice themselves, via the payment link in the reminder or by bank transfer. The rules under "Late payment" then apply, counted from the day of the first failed debit.

Invoices and VAT

NearPin sends an invoice with every payment, one per account per period, with a line per widget and option. The invoice is sent to the customer's invoicing address.

For customers in the Netherlands, NearPin charges 21% VAT. A business customer in another EU country with a valid VAT number receives an invoice with reverse-charged VAT. For customers outside the EU, NearPin does not charge Dutch VAT. VAT treatment follows the law and may change if the law changes.

The customer provides a complete and correct address and VAT number and reports changes immediately. NearPin can only activate a widget once these details are complete and the VAT number of a customer in another EU country has been verified.

Renewal and cancellation

A plan continues until the customer cancels it.

The customer cancels by logging in and cancelling the widget or option, or by sending an email to demo@nearpin.io. A widget or option stays on for at least 30 days before the customer can cancel it. If the customer cancels up to 14 days before the next direct debit or invoice, it remains active until the day before. If the customer cancels later, it runs for one more period and is included one more time in the direct debit or invoice. With an annual plan it runs until the end of the paid year. After that it is switched off and no further invoices are issued.

There is no refund of amounts already paid on early cancellation, including for the part of the period the customer no longer uses the widget.

If NearPin falls short, for example because the service is unavailable for an extended period, the customer may be entitled to a partial refund. NearPin may also decide to refund as a gesture of goodwill. NearPin decides this on a case-by-case basis. The customer's statutory rights remain unaffected.

Late payment

The payment term for an invoice is 14 days, unless NearPin has agreed a different term with the customer. If the customer does not pay on time, or the direct debit fails, NearPin sends reminders: 7, 14 and 21 days after the due date.

If payment has not been received 21 days after the due date, NearPin stops the direct debit. The outstanding amount remains due and the customer pays it themselves. If payment remains outstanding, NearPin may switch off the customer's widgets, starting 28 days after the due date. The customer retains access to their account and their invoices. Visitors to the customer's website then see a neutral message that the map is temporarily unavailable. Once paid, NearPin switches the widgets back on; for a direct-debit customer that payment also gives a new mandate, after which the direct debit continues on the customer's own debit day.

Use of data

NearPin uses public sources, including OSM, government data and obtained lists with usage rights. The customer may not use NearPin to bypass source restrictions, licences, robots.txt rules or the rights of third parties.

OSM data remains subject to the applicable ODbL terms. Attribution, share-alike obligations and any additional licence terms must be respected.

Intellectual property and prohibited use

The widget, the related software, the design and the compiled location data (including features and atmosphere texts) belong to NearPin or its licensors. Third-party data, such as OSM, remains under its own licence. For the duration of the subscription, the customer receives a non-exclusive, non-transferable right to display the widget on its own website registered with NearPin.

The customer may not copy, replicate, clone, decompile or reverse-engineer the widget, the software or the data, nor have anyone else or any AI tool do so. The customer may not systematically extract, store or resell the data. The customer may also not use the widget, the software or the data to build or improve its own or a competing service, or to train an AI model. The widget may only run on the registered domain.

If the customer breaches this, NearPin may disable the widget immediately and block the account, without prejudice to the right to damages and other legal remedies.

Accuracy and reports

Location data can change. NearPin aims for current information but gives no absolute guarantee of completeness or accuracy. The customer reports visible errors or legal concerns as soon as possible via demo@nearpin.io.

Availability and maintenance

NearPin makes reasonable efforts to keep the service reliable and available, but does not guarantee uninterrupted or error-free operation. NearPin may carry out maintenance and security updates and further develop the service.

Liability and changes

NearPin is not liable for damage arising from acting on information about third parties or from temporary unavailability, to the extent permitted by law.

NearPin's total liability is limited to the amount the customer paid for the service in the twelve months before the event causing the damage. NearPin is not liable for indirect damage, such as lost profit or revenue. These limitations do not apply in case of intent or deliberate recklessness, or where the law excludes them.

NearPin may amend these terms when the service or legislation changes. NearPin announces material changes for existing paying customers at least 30 days in advance. If a change materially worsens the customer's position, the customer can cancel before it takes effect.

Governing law and disputes

Dutch law applies to these terms and to all agreements with NearPin. Disputes are submitted to the court in Rotterdam, without prejudice to mandatory statutory provisions.