Terms of use for DAM

These terms of use apply to the use of Data Assistent Mobiliteit (DAM), the web application of V.O.F. Wendix, Chamber of Commerce 42019068, hereinafter referred to as Wendix.

These terms cover the use of DAM. Research, consultancy and bespoke assignments are governed by the terms and conditions. How we handle personal data is set out in the privacy statement.

Article 1. Definitions

1. DAM: Data Assistent Mobiliteit, the web application of Wendix with which the User can view, select, analyse and report on mobility data.
2. Wendix: V.O.F. Wendix, Chamber of Commerce 42019068.
3. Client: the party that takes out a Licence. For Basic and Pro this is the organisation the User belongs to, or the User themselves if they do not act on behalf of an organisation; for Organisation it is the organisation that enters into the agreement.
4. User: the natural person who works in DAM with their own Account.
5. Account: the personal access to DAM, linked to an email address at which the User receives a sign-in code or sign-in link.
6. Administrator: the User who assigns and withdraws Licences on behalf of the Client within an Organisation licence.
7. Licence: the right to use DAM in one of the forms Wendix offers, such as Basic, Pro or Organisation, as described in article 6.
8. Area: the municipality, the municipalities, the province or the whole country the Account has access to, as described in article 5.
9. Module: a distinct part of DAM, for example a group of map layers or an analysis function, that is or is not included in a Licence.
10. Content: what the User creates or stores in DAM, such as data projects, selections, map views, analyses and reports.
11. Data sources: the third-party data that Wendix makes available in DAM, as described in article 10.

Article 2. Applicability and amendment

1. These terms apply to all use of DAM and to every agreement between Wendix and the Client concerning DAM. They replace the Wendix terms and conditions, which cover assignments and not the use of DAM.
2. Purchasing or other conditions of the Client apply only if Wendix has accepted them expressly and in writing.
3. Wendix may amend these terms. Wendix announces any amendment that is more than minor at least one month before it takes effect, on the page of these terms and by email to the address of the Account. If the Client does not agree with the amendment, it may terminate the agreement with effect from the day the amendment takes effect; a paid Licence is then refunded pro rata.
4. Where a version has been amended, DAM asks the User to confirm that version at the next sign-in. What changed compared with the previous version is stated there and on the page of these terms.
5. Every issued version of these terms remains available at its own address, so that it can be checked which text was accepted.
6. In the event of a conflict, a written agreement between Wendix and the Client prevails over these terms, and these terms prevail over anything stated elsewhere on the website.

Article 3. Formation of the agreement

1. DAM is intended for municipalities, provincial authorities and other organisations working on mobility in the public sector. Wendix may refuse an application without stating reasons.
2. An application in DAM is an invitation to Wendix to prepare an Account and is not an agreement.
3. The agreement is formed at the moment the User creates the Account through the invitation link and accepts these terms in doing so.
4. For a paid Licence, the payment obligation is only formed on separate confirmation at the payment step, as described in article 7.
5. A User who takes out a paid Licence on behalf of an organisation declares that they are authorised to do so.

Article 4. The Account

1. An Account is personal. The User does not share their sign-in details and does not let anyone else work under their Account.
2. The User signs in with a code or link that DAM sends to their email address. They keep that mailbox properly secured and do not forward a code or link. If the User suspects misuse, they report it to Wendix as soon as possible.
3. Wendix may require a second sign-in step for an Account, using a key on a device such as a passkey or an authenticator app. The User keeps their keys and recovery codes safe and does not share them. If they are lost, restoring access without a recovery code may take up to fourteen days.
4. Wendix may suspend an Account with immediate effect where there is reasonable suspicion of misuse, where there is a security risk, or where article 13 is breached. Wendix reports the suspension and the reason as soon as possible and discusses how access can be restored.
5. Wendix may close an Account that has not been used for two years. Wendix announces this at least thirty days in advance by email.
6. The Client informs Wendix, or withdraws the Licence itself, as soon as a User no longer works for the organisation.

Article 5. Area of access

1. Under a Basic Licence, an Account gives access to the data of the Area that belongs to that Account: the User's own municipality, municipalities or province. For a User from a central government organisation, that is the whole of the Netherlands.
2. The Area follows from the User's organisation. Wendix sets it when preparing the Account and changes it on request if the organisation changes, for example after a municipal reorganisation or where municipalities share an administrative organisation.
3. Under a Pro or Organisation Licence the Area is the whole of the Netherlands: every municipality and every province. Under any other Licence the Area is set out on the DAM product page. When that Licence or the trial period ends, the Account falls back to the Area referred to in paragraph 1.
4. National layers that have no area boundary may be visible outside the Area. This gives no right of access to area-bound data outside the Area.
5. Access to a larger or different Area than set out above is a separate arrangement. The User works only within the Area that belongs to their Account and does not circumvent the area boundary.

Article 6. The Licences and the role of the Administrator

1. DAM's Licences include Basic, Pro and Organisation. Which Licences are available, and what each one contains, is set out on the DAM product page. That description forms part of these terms. Wendix may add Licences; this does not change a Licence the Client already holds.
2. Basic is free of charge and gives one User access to the map layers and the statistics of their own Area, without the real-time data, without the export functions and without storing Content. Wendix may change or discontinue Basic at any time.
3. Pro; a licence for one User. Alongside the functions in Basic it gives access to more options, including every Area in the Netherlands, the real-time data, data projects, storage of Content, reports and export. Wendix may change the functions of Pro.
4. Organisation; a number of Licences agreed in advance that the Client takes out at once. The Client appoints one Administrator, who can assign the Licences taken out within its own organisation.
5. The Administrator assigns the Licences to Users within their own organisation and withdraws them again. A withdrawn Licence can be assigned to another User.
6. The Administrator acts on behalf of the Client. What the Administrator does in DAM counts as an act of the Client.
7. The number of Licences assigned at any one time within an organisation never exceeds the number of Licences that organisation has taken out. If the Client needs more Licences, it can take out more at the rate applying at that time, pro rata to the remaining term. The rate that goes with the new total then applies to all the Client's Licences, including the ones it already held; at that point the Client pays only the difference between the two annual amounts, pro rata to the days left in the current term. This does not move the end date of the agreement, and the renewal referred to in article 7.6 runs on the new number of Licences from then on. Taking out additional Licences cannot be undone and is not refunded; a smaller number of Licences is agreed at renewal.
8. Wendix may develop DAM further and change how it is divided into Modules. If a function that is essential to the use of a paid Licence is withdrawn, the Client may terminate with a pro rata refund.
9. A trial period gives temporary access without a payment obligation. It is not renewed and does not turn into a paid Licence by itself. When it ends, that access lapses unless a paid Licence has been taken out. Content created during the trial period is retained in accordance with article 16.

Article 7. Prices, payment and renewal

1. Prices are set out on the DAM product page and exclude VAT unless expressly stated otherwise. The invoice shows the amount excluding VAT, the VAT itself and the total.
2. Before a paid Licence starts, the Client confirms, in a separate step, the amount, the term, that the Licence is then renewed each time by tacit renewal and how the Client can terminate. Without that confirmation no payment obligation and no Pro licence is formed.
3. Pro and Organisation are paid in advance for each period, unless agreed otherwise in writing. Payment is made through the payment service in DAM or by invoice with a payment term of fourteen days; the Client chooses this in the payment step.
4. Automatic collection when paying directly. If the Client pays directly through the payment service in the payment step, it thereby authorises Wendix to collect the amount automatically at each renewal from the same bank account or credit card. If it pays by invoice, it receives an invoice for each period, which it settles itself. The mandate runs for as long as the Licence runs and ends when the Licence expires following termination (article 8). The amount and the moment of collection are stated in the confirmation referred to in paragraph 2; that confirmation serves as the advance notice of the collections, including those for renewals.
5. The Licence, and the payment obligation attached to it, starts at the moment of the confirmation referred to in article 7.2, even if the invoice is still outstanding.
6. Renewal. A paid Licence is renewed each time for the same period, in principle one year, unless the Client terminates. The confirmation referred to in paragraph 2 covers those renewals as well.
7. If the Licence has not been terminated, the amount is collected on or around the day the new period starts where a mandate has been given, and the Client receives the invoice for its records. Where there is no mandate, Wendix sends the invoice by email, with the details needed to transfer the amount. Termination follows article 8.
8. Wendix may change the price on renewal. Wendix announces a price change at least one month before the end of the current period, by email to the address of the Account. If that announcement is not sent, the existing price applies to the new period.
9. If the Client does not pay on time, Wendix may suspend access to the paid functions after sending a payment reminder with a reasonable term. The obligation to pay remains.
10. Payments are processed by a payment service provider. The conditions of that provider also apply to that processing.

Article 8. Termination

1. A Basic licence can be terminated by the User at any time. There is no notice period and nothing is charged.
2. A paid Licence continues for as long as the Client does not terminate it (article 7.6). Termination is possible at any time and free of charge, in DAM itself (under the licence or in the profile settings) or by email.
3. Where the Client terminates before the day the new period starts, the Licence ends at the end of the current period. That new period is then not payable, any invoice already sent for it lapses and any amount already collected for it is refunded. The Account falls back to Basic: access to the map layers and the statistics of its own Area continues. Where the Client terminates on or after that day, the new period is payable and the Licence ends at the end of it.
4. The Client may undo a termination in DAM until the end of the current period, in the same places as the termination itself. The Licence is then renewed after all, under article 7.6.
5. Where the Client is not acting in the course of a profession or business, it may terminate a Licence that has been renewed at any time, with a notice period of no more than one month. Wendix refunds the part of the price that relates to the time after the end.
6. Where the Client stops during a period, no refund is made, except where these terms expressly provide otherwise: on an amendment to the terms (article 2.3), where an essential function is withdrawn (article 6.8), on the termination referred to in paragraph 5 and where DAM is discontinued as a service (article 8.9).
7. Either party may terminate the agreement with immediate effect if the other party is declared bankrupt, has applied for suspension of payments or ceases its activities.
8. Wendix may terminate the agreement with immediate effect in the event of a serious or repeated breach of article 13, after drawing the Client's attention to it and allowing a reasonable period to put it right, unless putting it right is not possible.
9. If Wendix discontinues DAM as a service, it announces this at least six months in advance and refunds amounts paid in advance pro rata.
10. On termination, access to DAM lapses. What happens to the Content is set out in article 16.

Article 9. Availability and maintenance

1. Wendix makes every effort to keep DAM available, but gives no guarantee of uninterrupted availability.
2. Wendix announces planned maintenance in advance as far as possible, in DAM or by email, and carries it out outside office hours as far as possible.
3. In the event of a fault or a security problem, Wendix may take DAM out of service temporarily. It restores the service as quickly as can reasonably be expected.
4. Wendix makes a daily backup of the data in DAM. A backup is a facility for recovery after a fault and not an archive from which individual files are restored on request.
5. Support runs by email. Wendix responds on working days, in principle within one working day. There is no entitlement to a response time or a repair time unless agreed separately.
6. DAM runs on servers within the European Union.

Article 10. The data in DAM

1. DAM draws on third-party sources, such as national registers and open data from government bodies and research institutes. Which sources these are, and how recent they are, can be seen in DAM for each map layer.
2. Wendix makes those data accessible and comparable. It is not the author of those data and cannot guarantee that they are accurate, complete or up to date.
3. DAM is a tool and not a source of truth. A result from DAM is an indication based on the data available at that moment. Anyone using DAM in preparing a decision remains responsible for checking the data on which that decision rests.
4. Wendix may add, change or remove a Data source, for example (without limitation) if the source ceases to exist, a licence changes or it is no longer assessed as reliable.
5. Third-party data may be subject to conditions set by those third parties, such as an obligation to credit the source. DAM states the source with map views and charts, and the date with an export; the User leaves those attributions in place and credits the source of the data on publication (article 11.2).
6. Where the Client works with its own data sources in DAM, it remains the rightholder and warrants that it may have those data processed in DAM. The Client bears full responsibility for the data sources it adds.

Article 11. Use of the results

1. The Client may use map views, statistics, analyses and reports from DAM for its own work, within its own organisation and in products arising from it, such as policy papers, presentations and decision documents.
2. Publication of results is permitted, stating the source of the data and DAM as the tool used.
3. The Client does not use the results in a way that distorts or exaggerates the data, or in a way that may harm the good name of Wendix or of a source holder.
4. It is not permitted to offer results from DAM to third parties as a service or product of the Client's own, or to use DAM to set up a comparable service.

Article 12. Intellectual property

1. All rights in DAM, in the software, in the design, in the cartography and in the processing of data carried out by Wendix rest with Wendix. The rights in third-party Data sources rest with those third parties; article 10 deals with those.
2. The Client obtains a non-exclusive, non-transferable right to use DAM for the term of the Licence. Nothing further is transferred.
3. The rights in the Content the User creates remain with the Client. Wendix uses that Content only to provide and secure the service.
4. Wendix may use anonymised and aggregated usage data to improve DAM. Those data cannot be traced back to a User or to the Content of a Client.
5. The User does not remove trade marks, source attributions or other notices from what DAM displays or exports.

Article 13. Acceptable use

1. The User uses DAM in accordance with the law and with these terms.
2. It is not permitted to retrieve data automatically and on a large scale, such as scraping or bulk-extracting map layers, outside the export functions of DAM.
3. It is not permitted to circumvent, or attempt to circumvent, the access restriction, the area boundary or the limits of the Licence.
4. It is not permitted to share an Account or sign-in details with third parties. Sharing Content through DAM's sharing function is permitted, including with people outside the Client's organisation.
5. Acts that endanger the availability or the security of DAM are not permitted.
6. Wendix may take technical measures to enforce these limits, including capping the number of requests per Account.
7. If the User finds a vulnerability, they report it to Wendix and do not exploit it or disclose it to third parties before Wendix has had a reasonable period to put it right.

Article 14. Personal data

1. For the data of the Account and the use of DAM, Wendix is itself the controller. Which data these are, what they are used for and how long they are kept is set out in the privacy statement.
2. Where Wendix processes personal data in DAM for which the Client is the controller, for example because the Client brings in its own data sources, Wendix is the processor for those data. The parties enter into a data processing agreement for this. Wendix keeps a model available for that purpose, based on the VNG standard.
3. Wendix engages sub-processors. Which these are, and in which country they process the data, is set out in the privacy statement. All processing takes place within the European Union.
4. Wendix takes appropriate technical and organisational measures to secure the data. In the event of a personal data breach affecting the Client, Wendix reports this without undue delay. Where Wendix processes personal data as a processor as referred to in paragraph 2, the shorter reporting period of the data processing agreement applies.

Article 15. Liability

1. Wendix carries out its work to the best of its knowledge and ability. This is an obligation to use best efforts.
2. Wendix is liable for loss the Client suffers as a result of an attributable failure by Wendix or of unlawful conduct by Wendix, subject to the limitations set out below.
3. For a paid Licence, the liability of Wendix is limited, per event and per year, to the fee the Client paid for the current period of the Licence. A series of connected events counts as one event.
4. For a free Basic licence and for a trial period the Client pays nothing. Wendix uses its best efforts to restore the service; no monetary compensation applies to these forms.
5. Wendix is not liable for consequential loss, including lost profit, lost savings, reputational damage and loss arising from loss of data, nor for loss arising from a decision that is based in part on data from DAM.
6. Wendix is not liable for inaccuracies in third-party Data sources, nor for a Data source failing or being withdrawn.
7. The limitations in this article do not apply where the loss results from intent or deliberate recklessness on the part of Wendix. Nor do they apply in cases where the law prohibits liability from being limited; there, what the law provides applies.
8. The Client reports loss to Wendix in writing as soon as possible, and in any event within four weeks of discovering it or of the moment it could reasonably have discovered it. If the Client reports later, the claim lapses in so far as the interests of Wendix are thereby harmed.
9. Any claim lapses in any event twelve months after the event that caused the loss, even if the Client discovers the loss later.
10. Wendix is not liable in the event of force majeure, including failure of the internet, of the power supply, of a hosting provider or of a Data source, and cyberattacks.

Article 16. Exit and data

1. When a paid Licence or a trial period ends, the Account falls back to Basic. The Content is retained, but cannot be opened or edited on Basic. If the Client takes out a paid Licence again, the Content is immediately available once more. Wendix does not restore Content by hand.
2. If the User closes the Account, it stays dormant for thirty days; after that Wendix deletes the Account and the data belonging to it, including the Content, apart from what Wendix is required by law to keep for longer, such as invoice records. A backup made before the deletion then expires on its own cycle, within thirty days.
3. Wendix charges nothing for terminating the Licence.
4. Wendix places no unreasonable obstacle in the way of switching to another service.

Article 17. Governing law, complaints and disputes

1. These terms and the use of DAM are governed by Dutch law.
2. If the Client has a complaint, it reports it to Wendix at info@wendix.nl. Wendix responds within ten working days and seeks to resolve the complaint by agreement.
3. If the parties cannot resolve it between them, the dispute is submitted to the competent court of the District Court of Noord-Nederland, unless the law mandatorily designates another court.
4. If a provision of these terms is void or voidable, the remaining provisions continue to apply. The parties then replace that provision with a valid one that comes as close as possible to its intent.

Article 18. Language of these terms

1. This is a translation of the Dutch terms of use, provided for convenience. In the event of any difference between the two versions, the Dutch text prevails.

*Bron: GEBRUIKSVOORWAARDEN DATA ASSISTENT MOBILITEIT, Wendix, versie 2026-08-27*