Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Hermon platform ("Platform", "Service"), operated by Consulting Systems B.V. ("Company", "we", "us", "our"), a company registered in the Netherlands under KvK number 96362367, with its registered office at Geelhartje 2, 2224DT Katwijk, The Netherlands.

By accessing or using the Platform, you ("Customer", "you", "your") agree to be bound by these Terms. If you do not agree, you may not use the Platform.

2. Definitions

• "Platform" — The Hermon web application and all related services accessible at app.hermon.io and hermon.io.
• "Customer Data" — All data, content, and information that you upload, submit, or generate through the Platform.
• "User" — Any individual authorised by the Customer to access and use the Platform under the Customer's account.
• "Setup Fee" — The one-time fee payable upon commencement of the Service.
• "User License" — The recurring per-user fee payable monthly for each active User.

3. Account Registration

To use the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Ensuring that all Users comply with these Terms.

You must notify us immediately at [email protected] if you become aware of any unauthorised use of your account.

4. Fees and Payment

4.1 Fee Structure

The Service consists of two fee components:

• Setup Fee — A one-time payment due upon onboarding. This fee is non-refundable.
• User License — A monthly recurring fee per active User on your account, billed monthly in advance.

4.2 Payment Terms

All payments are processed through Stripe. By subscribing, you authorise us to charge your designated payment method. All fees are quoted in euros (€) unless otherwise specified and are exclusive of applicable taxes (e.g. VAT).

4.3 Late Payments

If a payment fails or is overdue, we may suspend access to the Platform until the outstanding balance is settled. We reserve the right to charge statutory interest on overdue amounts in accordance with Dutch law.

5. Term and Cancellation

5.1 Subscription Term

The Service operates on a month-to-month basis. There is no minimum contract term beyond the current billing period.

5.2 Cancellation

Either party may cancel the Service by providing at least one (1) month's written notice before the next billing date. Cancellation requests should be sent to [email protected].

5.3 No Refunds

All fees paid are non-refundable. This includes the Setup Fee and any User License fees for the current billing period. Upon cancellation, you retain access to the Platform until the end of your paid billing period.

5.4 Data After Cancellation

After cancellation and the end of the billing period, we will retain your Customer Data for 30 days. During this period, you may request an export of your data. After 30 days, we reserve the right to permanently delete all Customer Data from our systems.

6. Data Ownership and Licensing

6.1 Your Data

You retain full ownership of all Customer Data. We do not claim any ownership rights over your data. By using the Platform, you grant us a limited, non-exclusive license to process, store, and display your Customer Data solely for the purpose of providing and improving the Service.

6.2 Our Platform

The Platform, including all software, design, features, and intellectual property, is and remains the exclusive property of Consulting Systems B.V. These Terms do not grant you any rights to our intellectual property except the limited right to use the Platform as described herein.

7. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorised access to the Platform, other accounts, or our systems.
• Reverse-engineer, decompile, or disassemble any part of the Platform.
• Transmit viruses, malware, or any other harmful code.
• Resell, sublicense, or redistribute access to the Platform without our written consent.
• Use the Platform in a way that could impair its performance or interfere with other users.

We reserve the right to suspend or terminate your account if you violate these terms.

8. Availability and Support

We aim to keep the Platform available at all times but do not guarantee uninterrupted access. We may perform scheduled maintenance, during which the Platform may be temporarily unavailable. We do not provide a formal Service Level Agreement (SLA).

Support is available via email at [email protected]. We will make reasonable efforts to respond to support requests within 2 business days.

9. Limitation of Liability

9.1 Cap on Liability

To the maximum extent permitted by law, the total aggregate liability of Consulting Systems B.V. for any claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

9.2 Exclusion of Damages

To the maximum extent permitted by law, we shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, business opportunities, or goodwill.
• Cost of procurement of substitute services.
• Damages arising from interruption of service, data loss, or system failures.

These limitations apply regardless of the legal theory on which the claim is based, including breach of contract, tort (including negligence), or any other theory.

9.3 Exceptions

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable Dutch law.

10. Indemnification

You agree to indemnify and hold harmless Consulting Systems B.V., its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform.
• Your breach of these Terms.
• Your violation of any applicable law or regulation.
• Any Customer Data you submit through the Platform.

11. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with the Service. This includes, but is not limited to, business data, pricing, and technical information. This obligation survives termination of these Terms for a period of two (2) years.

12. Modifications to the Service

We continuously develop and improve the Platform. We reserve the right to modify, update, or discontinue features at any time. If we make changes that materially reduce the functionality of the Platform, we will notify you at least 30 days in advance.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent court in The Hague, the Netherlands.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Consulting Systems B.V. regarding the use of the Platform, and supersede all prior agreements, representations, and understandings.

17. Contact

If you have any questions about these Terms, please contact us:

Consulting Systems B.V.
Geelhartje 2, 2224DT Katwijk, The Netherlands
Email: [email protected]
KvK: 96362367