Licence and subscription terms

These are the terms on which DynSolutionz licenses DynBrowser. They apply between DynSolutionz and the organisation that subscribes to DynBrowser, and they form one agreement together with the quote you accepted and the data processing agreement.

1. Definitions

• Software — DynBrowser, including its plugin form inside ProductieManager, together with its updates and documentation.
• Service — the DynSolutionz online services the software connects to: licensing and activation, the update feed, the customer portal, and the server-side features listed in section 12.
• DynPage — an individually licensable part of the software, such as the Orders Dashboard, Forecast or DynPlanboard, as listed in the published price list.
• Plan — a named bundle of DynPages from the price list.
• Seat — one concurrent session of the software. A seat is not a named user.
• Environment — a Microsoft Dynamics 365 environment, identified by a domain registered on your licence.
• Subscription period — the month or the year currently invoiced.
• Customer content — what section 12 describes.

2. Which document wins

Where documents conflict, this order applies: (a) a written agreement signed by both of us; (b) the quote or order you accepted; (c) these terms; (d) the data processing agreement, which prevails over all of the above for anything concerning the processing of personal data; (e) the website terms of use.

Your organisation's purchasing terms or general conditions do not apply, including where your order or a later document refers to them and including where we do not reject them again at that moment. We reject them here.

3. The licence

For as long as your subscription is in force and paid, we grant you a non-exclusive, non-transferable and non-sublicensable right to install and use the software for your own internal business purposes.

That right is bounded by three things: the DynPages in your plan and any add-ons named on your quote; the number of seats you subscribe to; and the Dynamics 365 environments whose domains are registered on your licence. You may make one backup copy for archival purposes. Group companies may use the software under your subscription only where they are named on the licence.

We license the software; we do not sell it. Every right not granted here stays with us.

4. Seats

A seat is one concurrent session, not a named user. Five seats means five people can work at the same time; you may create as many accounts as you like at no extra cost.

The service measures concurrent use through the activation and heartbeat described in section 5. If your actual concurrent use structurally exceeds the seats you subscribe to, we may ask you to add seats for the period concerned. We will always tell you before we invoice anything for it.

You can add seats at any time. They take effect immediately and are charged pro rata for the remainder of the current subscription period. Reductions take effect at the start of the next subscription period.

5. Activation, verification and offline use

The software is licensed rather than sold, and verifies its licence online. While it is in use it contacts the service — by default at api.dynsolutionz.com — to authorise the installation, to activate and validate the licence, to report a heartbeat while running, and to check for updates.

For those purposes it sends: a machine identifier that is a one-way SHA-256 hash, the machine name, the application version and installation channel, the Dynamics 365 environment domain it is connecting to, the licence key where one is used, and the e-mail address and user name of the signed-in Dynamics 365 user.

If the service cannot be reached the software fails soft: it falls back to a locally cached, cryptographically signed licence record and keeps working within that record's limits for up to fourteen days.

These verification features are a material part of this agreement. Circumventing or interfering with them is a material breach.

6. What you may not do

You may not:

• rent, lease, lend, resell, sublicense or otherwise make the software available to third parties, or use it to provide a service to anyone outside your own organisation;
• copy, modify, adapt, translate or create derivative works of the software, except where mandatory law allows it;
• reverse engineer, decompile or disassemble the software — except to the extent article 45m of the Dutch Copyright Act or other mandatory law permits, and then only after you have asked us in writing for the interoperability information you need and we have not provided it within a reasonable time;
• circumvent, disable or interfere with the licensing, activation or verification described in section 5;
• remove, alter or obscure any proprietary or copyright notice;
• use the software unlawfully or in breach of applicable regulation;
• use the software in a production environment without a valid subscription.

7. Term, renewal, changes and cancellation

The subscription starts on the date agreed in the quote and runs for the period stated there, monthly or annual. It renews automatically for the same period unless it is cancelled.

You can cancel at any time in the customer portal. Cancellation takes effect at the end of the current subscription period: no further invoice follows and you keep access until that date. The running period is not refunded.

Upgrades — a higher plan, more seats, an add-on — take effect immediately and are charged pro rata for the remainder of the period. Downgrades and cancellations are recorded as a request and take effect at the end of the current period.

We may suspend the service where an invoice is more than thirty days overdue and we have sent a reminder, and terminate the subscription where it is more than sixty days overdue. Either of us may terminate immediately for a material breach that is not remedied within thirty days of written notice, or on the other's bankruptcy, suspension of payments or cessation of business.

When the subscription ends the licence ends: the software stops authorising and may no longer be used, and you delete the copies you hold. Section 12 governs what happens to your content.

8. Fees, invoicing and payment

Prices are per seat per month, in euros and exclusive of VAT and other government levies, as stated on your quote and in the published price list.

Annual subscriptions are invoiced twelve months in advance; monthly subscriptions are invoiced monthly in advance. The payment term is the one stated on the invoice.

If you do not pay on time you owe statutory commercial interest under article 6:119a of the Dutch Civil Code and reasonable extrajudicial collection costs, without a notice of default being required. You may not set off amounts or suspend payment.

We may adjust prices once per twelve months in line with the CBS service price index, taking effect at your next renewal and announced at least thirty days beforehand. Where an increase exceeds ten per cent you may terminate the subscription with effect from the date the increase takes effect.

A quote is valid for the period stated on it.

9. Support and service levels

Support is included in every plan and is delivered at the level of your plan — channels, response times and opening hours — as published in the price list and repeated on your quote. Response times are times to respond, not times to resolve.

Support covers the software. It does not cover your Dynamics 365 environment, your network, your hardware, third-party products, or work arising from changes you make yourself.

Bug reports and feature requests go through Bugs & Requests, in the app or in the customer portal.

10. Updates and changes to the software

Updates and new features within your plan are included and are not charged separately.

We develop the software continuously and may change, add to, or remove functionality. Where we withdraw a DynPage that forms part of your plan we will tell you at least three months beforehand, and where that materially reduces what you subscribed to you may terminate with effect from the withdrawal date.

We support the current version of the software and the version before it. Installing updates is your responsibility; we can only support a supported version.

11. Your Dynamics 365 data

The software reads and writes your Dynamics 365 data directly, from your own machines to your own environment, using your own credentials. That traffic does not pass through our servers and we do not store your business data — other than where it appears inside the customer content described in section 12.

Where the software writes back to Dynamics 365 — currently the DynPlanboard scheduling dates, and only where you switch that on — you remain responsible for checking the result. The software is a tool for working with your ERP data. It is not your system of record and it is not an accounting or compliance system.

12. Your content on our servers

Some features store content on our servers so that it works across your machines and your users. Today that is:

• Document Designer templates and the images they use;
• DynDesigner themes and start-page background images;
• DynPlanboard planning data — production orders, operations, resources, groups, calendars, scenarios, schedules, planner notes and the audit trail of changes;
• Bugs & Requests tickets, their comments and any files you attach to them;
• the settings belonging to those features, and your user, seat and permission administration.

This is your customer content and it remains yours. You grant us only the right to store, transmit and process it in order to provide the service to you.

We keep customer content separated per company. We do not use it to develop other products and we do not disclose it to third parties, except where that is necessary to provide the service or where the law obliges us to.

After the subscription ends we keep your customer content available for export for thirty days, and delete it within sixty days. Backups containing it age out within ninety days. Where personal data is involved, the data processing agreement governs.

13. What the software sends us

Beyond the licence verification in section 5, the software sends the following, and nothing else:

• Error reports. On by default and switchable off in the application's settings. A report carries the hashed machine identifier, the application version and a scrubbed description of the error. Before it is sent, the text is filtered to remove e-mail addresses, URLs, file paths, IP addresses, long numeric identifiers and tokens, and exceptions are reduced to a type and a method-level stack. Reports do not contain your business data or the pages you were viewing.
• Anonymous arcade usage. Which game was started, whether it finished, and how long it lasted, together with the hashed machine identifier and nothing else.
• A leaderboard entry with the player's name and score — only where that user has switched the setting on. It is off by default.

We use this to keep the product working and to support you. Our privacy statement describes the same processing from the perspective of the individuals concerned.

14. What you are responsible for

• Your own Microsoft Dynamics 365 licences and environment, and your own Autodesk Vault environment where you use one. We do not resell those products.
• Administering your own users, their seats and their permissions in the portal, and keeping that administration accurate.
• The security of your machines and Windows accounts. Some settings are stored unencrypted in the application settings file on the machine, including the user name and password for the optional Autodesk Vault integration if you configure it.
• Backups of your own Dynamics 365 data.
• Ensuring that your use of the software complies with your own policies and with applicable law, including data protection law.

15. Third-party dependencies

The software works with Microsoft Dynamics 365, Microsoft Entra ID, the Microsoft Edge WebView2 runtime and, optionally, Autodesk Vault. DynSolutionz is an independent vendor and is not affiliated with, endorsed by or sponsored by Microsoft or Autodesk. Their names and marks belong to them.

We are not responsible for the availability of those products or for changes their suppliers make to them. Where such a change breaks a feature, repairing it within a reasonable time is part of your subscription.

The software includes third-party open-source components under their own licences. A list is available on request.

16. Intellectual property

The software and the service — their source and object code, interface design, graphics and documentation — are and remain our exclusive property. Nothing in this agreement transfers ownership to you. Our names, logos and marks may not be used without our written permission.

Where you send us feedback, a bug report or a feature request, we may use and implement it freely, without obligation and without that giving you any rights in the result. This gives us no rights in your customer content or your business data.

17. Confidentiality

Each of us keeps the other's confidential information confidential, uses it only for the purposes of this agreement, and protects it at least as carefully as its own. This does not apply to information that is public without fault of the receiving party, was already lawfully known to it, was independently developed by it, or must be disclosed by law. The obligation continues for three years after the agreement ends.

18. Warranty

We warrant that during your subscription the software will perform materially as described in its documentation and on our website. Where it does not, tell us: we will repair the defect within a reasonable time or provide a workaround. Where we cannot, you may terminate the affected part of the subscription and we refund the fees for the unused remainder of the period you paid for. That is your sole remedy for a defect.

Beyond that warranty, the software and the service are provided as they are. We do not warrant that they will be uninterrupted or free of errors, that every defect will be corrected, that they will meet your specific requirements, or that the service will be continuously available.

The warranty does not apply where the problem arises from changes you have made, from an unsupported version, from your own environment, or from use contrary to this agreement or the documentation.

19. Liability

Our total liability under this agreement, on any legal basis, is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim.

We are not liable for indirect or consequential loss, including lost profit, lost turnover, lost savings, loss of goodwill, business interruption, and the loss or corruption of data.

These limits do not apply to damage caused by our intent or deliberate recklessness, to death or personal injury, or to any other liability that mandatory law does not permit us to limit or exclude.

A right to compensation exists only where you notify us of the damage in writing without undue delay and give us a reasonable opportunity to remedy it. Any claim lapses twelve months after you discovered or should reasonably have discovered the damage.

20. Force majeure

Neither of us is liable for a failure caused by force majeure. That includes the unavailability or failure of Microsoft, Autodesk, our hosting provider or the internet, cyber attacks, power failures, government measures and industrial action. Where force majeure lasts longer than sixty days, either of us may terminate the subscription with effect from that date, without any obligation to compensate.

21. Changes to these terms

We may change these terms. A new version is published here with its own version number and effective date, and we tell you at least thirty days before it applies to you. A new version applies to you from your next renewal. Where a change materially disadvantages you, you may terminate the subscription with effect from the date the change takes effect.

The version that applies to a quote is the version named on that quote.

22. General

We may transfer this agreement in connection with a merger or a transfer of our business; you may transfer it only with our written consent, which we will not withhold unreasonably. Notices are given in writing, by e-mail to the contact addresses each of us has provided.

Where a provision is invalid or unenforceable, it is replaced by a valid provision that comes as close as possible to its intent, and the rest of the agreement stays in force. Not enforcing a right on one occasion is not a waiver of it.

Together with the quote you accepted and the data processing agreement, these terms are the entire agreement between us about the software and supersede earlier proposals and communications about it.

23. Governing law and disputes

Dutch law applies to this agreement. The applicability of the Vienna Sales Convention is excluded. Disputes are submitted to the competent court in the Netherlands.

24. Who we are

Questions about these terms, custom licence arrangements or permissions: info@dynsolutionz.com. See also the data processing agreement and the privacy statement.