Terms of Service and Use

You can view the previous version of the Terms of Service here.

This section contains the general provisions that are applicable together with the Terms of Service and/or the Terms of Use (as the case may be). 

1.1 These Terms are applicable to all Services provided by Prezly to its Customers and their authorized Users via the Platform. ​ Any new features that augment or enhance the current Prezly Services or Platform shall be subject to these Terms.

These Terms contain the entire understanding of the parties on the subject matter hereof. ​ By ordering Services from Prezly or registering an account on ​ the Platform, the Customer or User agrees to be bound by these Terms. ​ If the Customer or User does not agree to all of the provisions contained in these Terms, the Customer or User should immediately discontinue using the Services and/or the Platform in any manner. ​ 

The application of any deviating terms (e.g. the Customer’s general terms and conditions of purchase) is hereby explicitly excluded. ​ 

1.2 ​ Prezly may make changes to these Terms from time to time. Whenever this occurs, it will revise the “last updated” date given above. The most recent version of these Terms will become applicable, supersede and replace all earlier versions with immediate effect. The most recent version of the Terms can always be found on the Prezly website (www.prezly.com/legal).

Prezly will notify the Customer or User via email whenever a material change to the Terms has taken place. ​ If the Customer or User do not agree to these changes, they may terminate their subscription or account within thirty (30) days following such notification. ​ The Customer agrees that its continued use of the Services or the Platform after such period, will constitute its acceptance of such revised Terms. 

2.1 In these Terms, the following definitions will be used:

“Confidential Information” means all information relating to the business, operations and/or customers of Prezly, regardless of how such information is disclosed and regardless of whether such information has been explicitly marked as confidential, including without being limited to any such information relating to an Intellectual Property Right.

“Customer” means any organisation or company that subscribes to the Services. ​ 

“Customer Data” means any data provided to Prezly or generated through the Platform in connection with the Services, in any format (including without being limited to, text, sound, video, or image files), including without being limited to data of or on Users, press contacts, stories and press releases, email campaigns and any related analytics.

“User” means any officer, employee or agent of the Customer that is authorized to create and use an account on the Platform in the framework of the Services.

“Intellectual Property Right” means any patents, inventions, designs, copyright, database rights, software rights, knowhow, trademarks and trade names, and any other similar rights, whether registered or unregistered, anywhere in the world, including any applications, extension and renewals relating to such rights. 

“Personal Data” means any information that may lead to the direct or indirect identification of a natural person.

“Platform” means the online software application (SaaS) used by Prezly to provide the Services to the Customer. ​ 

“Prezly” means Prezly BV, a company incorporated under Belgian law, having its registered office at Tiensevest 100, bus 1, 3000 Leuven, with company registration number 0829.855.487.

“Services” means the specific communication and PR-services that the Customer has subscribed to and that will be made accessible to the Customer and the authorized Users via the Platform.

“Terms” means both the Terms of Service and the Terms of Use.

3.1 The Customer and the User undertake to keep any Confidential Information which they would obtain when using the Services strictly confidential and not to disclose it to any third party. ​ They shall only be entitled to use and/or share said Confidential Information with their officers, employees or agents when needed for the execution of these Terms and provided that such officer, employee or agent is bound by an equally strict confidentiality obligation. ​ 

The Customer and the User shall promptly return, destroy or erase all Confidential Information upon expiration or termination of the subscription of the Customer or the respective Customer or User account. ​ 

This confidentiality obligation will survive the expiration or termination of the subscription for a period of five (5) years. ​ 

3.2 The Customer and the User may need to provide Personal Data relating to themselves, their officers, employees or agents when subscribing to the Services or registering on the Platform. ​ Such Personal Data are needed by Prezly in order to provide the Services and carry out all related administration. ​ Prezly shall act as data controller in relation to such Personal Data and shall process such data only in strict accordance with Prezly’s Privacy Policy. 

In addition, the Customer Data may also contain Personal Data (e.g. stakeholder contact details). ​ In relation to such Personal Data, Prezly shall only act as data processor on behalf of the Customer, on the Customer’s explicit instruction. For these purposes a further Data Processing Agreement (DPA) will be concluded between the Parties.

3.3 In relation to any Personal Data the Customer or User provides to Prezly, the Customer represents and warrants that: 

1. It complies with all applicable laws relating to the collection, use, and disclosure of Personal Data; 
2. It maintains and abides by a privacy policy, which clearly discloses that (a) it uses third-party service providers to provide services such as the Services; and that (b) it may disclose such Personal Data to such third-party service providers like Prezly; and
3. It has made all required notifications and obtained all required consents and authorizations from the data subjects relating to the disclosure of Personal Data to a provider like Prezly.

3.4 For any feedback relating to the Services that the Customer or User provides to Prezly, it gives Prezly, without charge, royalties or other obligation, the right to make, have made, create derivative works, use, share, and commercialize such feedback in any way and for any purpose. Prezly will not be required to treat any feedback as confidential and will not incur any liability as a result of any similarities that may appear in future Services or operations.

4.1 Prezly is and remains the sole and exclusive owner and rights-holder of the Services and the Platform, and will retain all right, title and interest in and to the Services and the Platform, including any Intellectual Property Rights. 

By virtue of these Terms, no Intellectual Property Rights in the Services or the Platform will be transferred to the Customer or User. ​ The Customer or User will have no other rights to the Services or the Platform than the rights of access and use that are explicitly granted to it under these Terms. ​ 

4.2 For the duration of the subscription, the Customer grants Prezly a non-exclusive, worldwide, royalty-free, transferable and assignable right to use, modify, reproduce and display the Customer Data (including all related Intellectual Property Rights) to provide and improve the Services and/or the Platform. 

The Customer represents and warrants that it owns all right, title and interest or possess sufficient license rights in and to the Customer Data as may be necessary to permit the use by Prezly contemplated under this Agreement.

The Customer will defend, indemnify and hold Prezly harmless from and against any loss, cost, liability or damage, including legal fees, for which Prezly becomes liable arising from or relating to any claim relating to Customer Data.

5.1 Prezly does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. Except as expressly set forth in this Article, the Services are provided “as is” and Prezly disclaims all warranties, express or implied, including without being limited to warranties of merchantability and fitness for a particular purpose and non-infringement.

5.2 Prezly shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions. ​ Prezly aims for the Services to be available twenty-four (24) hours a day, seven (7) days a week. 

There may be occasions when the Services will be temporarily interrupted for scheduled or unscheduled emergency maintenance, upgrades and/or repairs, either by Prezly or by third-party providers, or because of other causes beyond Prezly’s reasonable control. ​ Prezly shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption and to minimize such disruptions where it is within Prezly’s reasonable control. For further information on status updates, please visit status.prezly.com. 

5.3 ​ Prezly cannot be held liable for any lack of availability of the Platform, the Services, the Customer Data or any other content, unless in case of demonstrated gross or intentional misconduct or negligence. ​ Prezly can also not be held liable for failure or disruption in the functioning of any equipment and ancillary services needed to connect to, access or otherwise use the Services via the Platform provided for by the Customer.

To the maximum extent permitted by applicable law and unless in case of demonstrated gross or intentional misconduct or negligence and injury to body, life or health, the total aggregate liability of Prezly or any of its officers, employees or agents for claims or allegations of any nature relating to the Services under these Terms shall be limited to the subscription fees paid by the Customer during the twelve (12) months preceding the respective liability claim.

The Customer and User waive and shall not assert any claims or allegations of any nature whatsoever against Prezly, its officers, employees or agents for any indirect, incidental, special, consequential or exemplary damages, including without being limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Services.

These limitations of liability shall be valid, irrespective of the applicable liability regime, including without being limited to contractual liability, tort liability and faultless liability. 

6.1 The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any further rights hereunder. ​ Any waiver of rights must be explicit and in writing.

6.2 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

6.3 The rights and obligations under these Terms ​ are not assignable, transferable, or sub-licensable except with Prezly’s prior written consent. Prezly may transfer, assign or delegate its rights and obligations under these Terms without consent.

6.4 Prezly may request and with the Customer’s consent (which shall not unreasonably be withheld) may publicly disclose in writing that the Customer purchased the Services and may use the Customer’s trademarks, service marks or trade name solely in connection with such disclosures.

6.5 No agency, partnership, joint venture, or employment is created as a result of the Customer’s use of the Services and the Customer shall not have any authority to bind Prezly in any respect whatsoever.

7.1 Any litigation between Prezly and any other contractual or non-contractual party in relation to these Terms has to take place before the Courts of Leuven, Belgium. ​ 

7.2 Only Belgian law will be applicable to these Terms. Consumer law or conflict of law provisions do not apply.

These Terms of Service contain the specific provisions that govern the contractual relationship between the Customer and Prezly when subscribing to the Services. ​ 

8.1 In consideration of payment of the subscription fees, Prezly shall grant the Customer a non-exclusive, non-transferable and non-assignable right to access and use the Services via the Platform:

1. For the Customer’s own, internal business operations;
2. Via a limited number of authorized Users, in accordance with the subscription that the Customer has signed up for.

Any desired increase in the number of Users must be notified to Prezly in writing and may be subject to a change in subscription and related fees.

The Platform is accessible online or via a mobile application. ​ The Customer and User shall be solely responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services via the Platform, including without being limited to hardware, servers, software, operating systems, networking, web servers, internet connections and the like. The Customer and User shall also be responsible for maintaining the security of such equipment and ancillary services. 

8.2 When subscribing, the Customer shall have to register his/her Customer account on the Platform. ​ Via such a Customer account, the Customer will be asked to provide all necessary information about the authorized Users in order to allow Prezly to invite the Users to register their User accounts on the Platform.

The Customer undertakes to immediately notify Prezly of any changes with regard to the authorized Users during the subscription. ​ 

8.3 The Customer understands and accepts that the Services and/or the Platform may change during the term of its subscription to meet the changing demands of all Prezly customers (including without being limited to procedural and technical modifications and/or improvements). ​ Such changes may be implemented without prior written notification as long as these changes do not result in the Services and/or the Platform materially derogating from the service functionalities or specifications were applicable when the Customer signed up for the Services. 

8.4 Where specifically agreed between the parties, Prezly may also provide specific support services. ​ Further details on these support services will be agreed separately. ​ ​ ​ 

9.1 The applicable subscription fees depend on the selected subscription and will be clearly identified when subscribing. ​ 

Subscription fees will become due upon subscribing, at the moment of subscription or after the 14-day free trial. ​ Subscription fees are payable upfront on a monthly or yearly basis (based on the selected billing period) and are non-refundable. There will never be refunds for partial months, years or other agreed upon periods of service. For the purposes of equality, no exceptions will be made. 

All subscription fees are in Euros / USD and are exclusive of taxes, levies or duties imposed by taxing authorities. ​ Where applicable, the Customer shall be responsible for payment of all such taxes, levies and duties in addition to the subscription fees.

The Customer shall also be responsible for payment of any applicable fees of third parties due to integration of their solutions within the Prezly subscription process, including without being limited to fees associated with payment processing.

9.2 Once every calendar year Prezly may adjust its fees if necessary to compensate an increase of its own costs, including without being limited to any increases in personnel or operating costs or to compensate for improvements to the Services. ​ Prezly shall notify the Customer of such adjustments at the latest three (3) months prior to their implementation. For running subscriptions, the price adjustments shall only become effective as of the next billing period.

9.3 For any upgrades to the subscription plan level during the billing period, the Customer will automatically be charged the subscription fees relating to the new subscription plan after upgrading (on a pro rata basis for the rest of the billing period), unless otherwise agreed. ​ It should, however, be noted that Core and Premium Services cannot be combined in the same subscription. ​ Upgrades must therefore always be done for the entire subscription.

Any downgrades to the subscription plan level (changes to plan type, removal of Users, etc.) will come into effect from the next billing period, both in terms of service and in terms of subscription fees. Downgrading is only available when the Customer account is eligible for the target downgrade plan.

9.4 An invoice will be issued electronically by Prezly at the start of each billing period, based on the billing details provided by the Customer when subscribing. ​ The Customer is solely responsible for keeping his/her billing details up-to-date in his Customer account and for providing a PO number before the invoice date (if applicable). Any additional requests for billing-related matters can only be accommodated for Enterprise plan customers or against an additional charge. This is not included in the standard plans.

9.5 The Customer has the choice to pay electronically during the subscription process or manually. ​ Any Customer paying their invoice manually has a payment term of thirty (30) days unless otherwise agreed in writing, plus an extra thirty (30) days before their Prezly account is temporarily locked.

9.6 Upon non-payment of an invoice on its due date Prezly may automatically, without any prior notice, invoice late payment interests at a rate of one (1) % per month starting from the due date, as well as all recovery costs incurred by Prezly as a result of such non-payment, with a minimum of ten (10) % of the unpaid invoice. ​ In addition, Prezly may at its own discretion and without prejudice to any other remedies it may have, suspend the delivery of the Services until full payment has been received or terminate the Services with immediate effect in accordance with Article 10.2. ​ 

10.1 Any subscription shall be valid as of the moment the respective invoice is issued until the end of the selected billing period and cannot be terminated early. ​ 

At the end of the billing period, the subscription will be automatically renewed for a new billing period of equal length, unless terminated by the Customer at the latest five (5) days before the end of the billing period.

The Customer is solely responsible for terminating its subscription in due time. The Customer can terminate its subscription at any time from within its Customer account. This option is available under "Organization settings → Billing information → Cancel auto-renewal."

If the Customer terminates its subscription before the end of the billing period, the Customer will not receive a refund for unused time. It is the Customer’s responsibility to terminate its subscription ahead of the next upcoming billing period, regardless of the type and duration of the subscription. For the purposes of equality, no exceptions will be made.

10.2 ​ Prezly, in its sole discretion, without prior judicial intervention and without owing the Customer any compensation, has the right to terminate any subscription and Customer/User accounts and to refuse any and all current or future use of Prezly’s Services and/or Platform, if:

1. The Customer or User breaches any of the terms and conditions set forward in these Terms or in the Privacy Policy, and where such breach is remediable, has not duly remedied it within fifteen (15) days following a written notice hereto by Prezly;
2. The Customer or User has used the Services and/or the Platform in a way that is non-compliant with any and all applicable laws;
3. The Customer is declared bankrupt or files for bankruptcy, is placed under guardianship, ceases or risks having to cease its activities, or otherwise has shown signs of insolvency or insufficient financial means;
4. Authorized law enforcement or other government agencies would so request.

10.3 ​ Upon any termination of a subscription, Prezly will:

1. Immediately stop delivering the Services by terminating access to the Platform both through the Customer account and all linked User accounts;
2. Retain all Customer Data for a period of thirty (30) days, but thereafter Prezly may, but is not obligated to, delete all stored Customer Data for which the Customer or User has not requested Prezly in writing to return it. Once Customer Data is deleted, this cannot be reversed and the Customer Data cannot be restored. Prezly reserves the right to preserve certain Customer Data for longer in accordance with Prezly’s Privacy Policy.

These Terms of Use contain the specific provisions that govern the use of the Platform by the Customer through the Customer account or by the Users through the User accounts.

11. Registration 

11.1 Before using the Platform, the Customer and the User will be required to register their respective accounts on the Platform. ​ 

Upon registration, the Customer or User confirms that it:

• Will provide true, accurate, current and complete information about itself as prompted by the Prezly account information and registration form.
• Is of legal age and legal ability to form a binding contract under Belgian law and other applicable jurisdiction.
• Will update the account information to keep it true, accurate, current and complete. This also includes, where relevant, Customer’s company information and billing information.
• Shall maintain the security of the password and accept all risks of unauthorized access to the registration data and any other information provided to Prezly.
• Will not share an account, username or password. These are tied to the Customer or User as a person and cannot be shared across teams, nor can anybody except the Customer or User gain access to the account using someone else’s details. ​ 
• Is a human. Accounts registered by “bots” or other automated methods are not permitted.

11.2 Prezly recommends only using a company email address to register for an account on the Platform. Use of personal email addresses should be avoided whenever possible.

12.1 Once registered, the Customer or User will be granted a non-exclusive, non-transferable and non-assignable right to access and use the Services via the Platform solely for internal business operations. ​ Such right of access and use is limited to the number of authorized Users included in the subscription and cannot be exceeded without incurring additional costs. ​ 

Any rights not expressly granted under these Terms are hereby reserved to Prezly, including without being limited to any Intellectual Property Rights in the Services and the Platform.

12.2 The Customer and the User hereby undertake not to (directly or indirectly):

1. Access and use (or attempt to access and use) the Services and/or the Platform by any other means than the login protocols and direct access URLs provided by Prezly;
2. Resell, (sub)license, transfer or assign any part of the Services and/or the Platform to a third party;
3. Decompile, disassemble, reverse engineer, modify, adapt, translate, rent, lease, resell, distribute or create derivative works based upon the Services and/or the Platform or any part thereof;
4. Use the Services and/or the Platform in a way that contravenes any provision of the Terms or applicable law.

13.1 The Customer remains fully responsible and liable for all acts performed when using the Services and the Platform under its Customer accounts and linked User accounts. ​ 

13.2 The Customer is solely responsible and liable for transmitting Customer Data to and from the Platform. ​ Prezly implements appropriate technological and organisational security measures to help protect Customer Data from security attacks. However, the Customer understands that where access to or use of the Platform involves transmission of Customer Data over networks that are not owned, operated or controlled by Prezly, Prezly cannot guarantee that transmissions of Customer Data will always be secure or that unauthorized third parties will never be able to defeat its security measures or those of its third party service providers. ​ 

13.3 The Customer is solely responsible and liable for the content of the Customer Data transmitted to or generated through the Platform and for using, disclosing and storing such Customer Data in or via the Platform.

Prezly prohibits the use of the Platform to process or send content which (non-exhaustive list):

• Provides, sells or offers to sell (or services related to) pornography; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons;
• Provides, sells or offers to sell or rent any mailing list;
• Displays material that exploits children or otherwise exploits children under 18 years of age;
• Posts or discloses any personally identifying information or private information about children;
• Provides material that is abusive, bigoted, prejudiced, racist, hateful, profane, obscene, violent, harassing, fraudulent, deceptive, misleading or otherwise illegal content;
• Violates the Intellectual Property Rights of a third party;
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received;
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet;
• Promotes, solicits or participates in pyramid schemes;
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity;
• Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
• Is designed or intended to obtain password, account or private information from any third party;
• May be contact-sensitive information and which therefore must not be shared with a wider audience under applicable data protection laws;
• Otherwise infringes any applicable law or causes damages to the systems or Prezly or its users in any way.

Prezly also prohibits the use of the Platform to send spam or unsolicited communications. ​ 

13.4 Prezly does not monitor, inspect and/or edit Customer Data or content created via the Platform and is not required to do so. Nevertheless, should Prezly have any indication that the Platform use or the Customer Data would violate the provisions of the Terms, Prezly may at its own discretion and without prejudice to any other remedies it may have:

1. Remove any Customer Data from the Platform and/or the Services at any time, for any reason or for no reason at all, without any need for prior notification;
2. Suspend the delivery of the Services or the access to the Platform (in full or in part) until Prezly is fully satisfied that such violation has been sufficiently remedied and will not occur again in the future; and/or
3. Terminate the Services with immediate effect in accordance with Article 10.2.

14.1 The rights of use relating to a Customer account shall remain valid for the entire duration of the subscription. ​ If the subscription is expired or terminated, for whatever reason, the rights of use relating to such Customer accounts will automatically terminate. 

The rights of use relating to a User account shall remain valid for as long as the User account is correctly linked to a Customer account. ​ If the link with a Customer account is terminated, for whatever reason (e.g. because the User ends its employment with the Customer or because the subscription of the Customer has terminated), the rights of use relating to such User account will automatically terminate. ​ 

14.2 Prezly, in its sole discretion, without prior judicial intervention and without owing any compensation, has the right to immediately terminate a Customer and/or User account, under the conditions mentioned in Article 10.2 and 10.3.