General Terms and Conditions True Insights BV
The company with limited liability True Insights BV (hereinafter: True Insights) is registered with the Chamber of Commerce under number 82697493 and has its registered office at Schiehavenkade 100 (3024EZ) in Rotterdam (the Netherlands).
Article 1 – Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
2. Offer: any offer or quotation to the Client for the provision of Services by True Insights.
3. Company: The natural or legal person who acts in the course of a profession or business.
4. Consumer: The natural person who does not act in the course of a profession or business.
5. Services: the services concern the provision of information or independent financial research as well as general multi-asset strategies and share and investment tips and/or advice regarding cryptocurrency in the form of various packages.
6. Service Provider: Private company True Insights BV, incorporated under Dutch law, established in the Netherlands and offering Services to the Client hereinafter: True Insights.
7. Client: the Consumer or the Company that has appointed True Insights, has provided projects to True Insights for Services performed by True Insights, or to which True Insights has made a proposal under an Agreement.
8. Agreement: any Agreement (including subscription) and other obligations between the Client and True Insights, as well as proposals from True Insights for Services that are provided by True Insights to the Client and that are accepted by the Client and are accepted and performed by True Insights with which these general terms and conditions form an inseparable whole.
Article 2 – Applicability
1. These general terms and conditions apply to every True Insights Offer, every Agreement between True Insights and the Client and to every service offered by True Insight (also: the use of the application).
2. Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, True Insights will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, it is possible to deviate from the general terms and conditions insofar as this has been explicitly agreed in writing with True Insights.
4. These general terms and conditions also apply to additional, amended and follow-up orders/subscriptions from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and to the extent applicable.
10. In the event that True Insights has not always required compliance with these general terms and conditions, it retains its right to demand compliance in whole or in part with these general terms and conditions.
Article 3 – The Offer
1. All offers made by True Insights are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. True Insights is only bound by an Offer if this is confirmed in writing by the Client. Nevertheless, True Insights has the right to refuse an Agreement with a (potential) Client for a valid reason for True Insights.
3. The offer contains a description of the Services offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or termination of the Agreement.
4. Offers or quotations do not automatically apply to follow-up agreements.
5. Delivery times in the offer of True Insights are in principle indicative and if they are exceeded, do not entitle the Client to termination or compensation, unless expressly agreed otherwise.
Article 4 – Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from True Insights by choosing a package via the App and making the first payment.
2. True Insights has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.
3. True Insights is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
4. Any Agreement entered into with True Insights or a project assigned to True Insights by the Client rests with the company and not with an individual person associated with True Insights.
5. The right of withdrawal of the Client being a Company is excluded, unless otherwise agreed. The Client, being a Consumer, has the right to withdrawal during the statutory period of 14 days, unless it waives its right of withdrawal with permission.
6. If and insofar as the Client makes use of a promotion, the above paragraph (Article 4, paragraph 7) does not apply. The client can make use of two promotions:
1. During the first 30 days that he purchases an “Essential package”, the client has the option to try the package for 30 days for 1 dollar. During these 30 days, the Client is entitled to cancel the Agreement every day free of charge. If the Client does not cancel the Agreement during the trial period, the Client is obliged to reimburse the relevant chosen package per following month.
2. If the discount promotion applies, the Client can gain access to a 12-month package (annual subscription) during the promotion period, whereby two months will not be charged. This promotion is only valid until the indicated end date, after which the Client can no longer use the promotion.
7. If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5 – Term of the Agreement
1. The Agreement is entered into for a definite period of time. For the Client being a Company this term is at all times 12 months, for the Client being a Consumer the first period is 12 months after which the subscription is converted to a monthly subscription.
2. Both the Client and True Insights can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given notice of default in writing and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations. This also includes the payment and cooperation obligations of the Client.
3. The termination of the Agreement does not affect the payment obligations of the Client insofar as True Insights has already performed work or delivered services at the time of the termination. The client must pay the agreed fee.
4. The Client, being a Company, can terminate the Agreement by e-mail or via the application with due observance of a notice period of three months, towards the end of the Agreement. Consumers with an annual billing plan can cancel the first Agreement after 12 months, after which the membership can also be canceled monthly. Consumers with a monthly subscription plan can cancel their subscription monthly, ending the membership at the last day of next month.
5. Premature termination is excluded. In the event of premature termination of the Agreement, the Client owes True Insights the costs actually incurred up to that point at the agreed rate.
6. Both the Client and True Insights can terminate the Agreement in writing in whole or in part without further notice of default, with immediate effect if one of the parties is granted a moratorium, bankruptcy has been filed or the company concerned ends due to liquidation. If a situation as stated above occurs, True Insights is never obliged to refund monies already received and/or compensation.
Article 6 – Performance of the service
1. True Insights will make every effort to perform the agreed service with the greatest possible care, as may be expected of a good service provider. True Insights guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing which is described in detail.
2. The Agreement on the basis of which True Insights performs the Services, is leading for the size and scope of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by True Insights and the prices are based. True Insights has the right to adjust its services and prices if the information provided turns out to be incorrect and/or incomplete.
4. When performing the Services, True Insights is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for True Insights, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. True Insights is entitled to engage third parties for the performance of the Services at its own discretion.
6. If the nature and duration of the assignment so require, True Insights will keep the Client informed of the progress in the interim in the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for any established planning. True Insights is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all requested information or has not provided all the requested information on time or in the desired format, does not provide sufficient cooperation, any advance payment has not been received in time by True Insights or if other circumstances, which are at the expense and risk of the Client, there is a delay, True Insights is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
Article 7 – Obligations of the Client
1. The Client is obliged to provide all information requested by True Insights as well as relevant appendices and related information and data in a timely manner and/or before the start of the work and in the desired form for the correct and efficient execution of the Agreement. Failing this, True Insights may not be able to fully implement and/or deliver the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Client.
2. True Insights is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is True Insights responsible for the correctness and completeness of the information compiled by True Insights for third parties and/or provided to third parties in the context of the Agreement.
3. True Insights may, if necessary for the execution of the Agreement, request additional information. Failing this, True Insights is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify True Insights immediately or no later than 3 working days after the change has become known.
Article 8 – General information regarding shares and investments (no investment advice)
1. True Insights does not provide (individual and/or customized) investment advice within the meaning of the terms included in the Financial Supervision Act (WFT). True Insights also does not conduct asset management activities. The investment information is not an offer, specific investment advice and/or (individual advice about a) financial service or product, but only general and non-binding information. True Insights does not require a license.
2. The information provided cannot and should not be used as any form of financial advice for the dituation of the Client. Decisions taken by the Client on the basis of the listed, shared and investment information are entirely at his/her own expense and risk, even if the Client compiles financial services and/or products for third parties on the basis of this information. The Client must at all times evaluate the correctness, accuracy and usefulness of the information, whether or not with its own investment advisor or other professional engaged by the Client or by the Client itself to build and/or maintain multi-asset portfolios. True Insights is expressly not liable for the consequences of any act or omission based on the content of the given (investment and/or financial) information. For investment advice or asset management that is tailored to the individual situation of the Client and the assessment of suitability and appropriateness of investments, the Client must contact his/her own investment adviser or asset manager.
3. The value of investments may fluctuate. Past performance is no guarantee for the future. The Client must take into account the risks associated with trading financial instruments. The Client must collect all useful information itself in order to be able to make a well-considered decision in full knowledge of the facts.
4. True Insights will in no way engage in the execution of the transactions that informs the Clients by means of its information or research, nor with the way in which the Clients bring about these transactions, nor does True Insights ordain at any time on Clients’ investments or True Insights invests on their behalf.
5. Depending on the package chosen by the Client, the Client will receive information within a certain period (daily, weekly, monthly, etc.).
Article 9 – Use of the application
1. True Insights makes every effort to make the application available to the Client. All services are performed on the basis of a best efforts obligation. Client has access to the application after Client has created an account. All information displayed on the application is subject to spelling or typing errors.
2. The Client is at all times responsible for all data and information that it places or has placed on its account and/or the application. If the Client suspects that the information it has provided is incorrect or incomplete, the Client will immediately inform True Insights and provide the correct information. The client must keep his data up-to-date and can adjust his data in his own account for this purpose.
3. True Insights may impose further restrictions or conditions on access to and use of certain parts or functions of the Application, including but not limited to creating an account, completing a verification process and/or meeting specific quality or suitability criteria.
4. The Client has at all times an independent responsibility for the use of the application. The Client is obliged to adhere to the following regulations during the use of the application. The Client must refrain from using the application:
1. to use manual or automated software, equipment or other processes to index or scrape the data used within the application on the internet;
2. in a way that involves illegal activities or activities that are contrary to morality or public order;
3. copying (parts of) the True Insights application;
4. to otherwise harm the interests of True Insights.
5. In the event of (possible) criminal acts, True Insights is entitled to report this and to hand over the data provided by the Client to the competent authorities, as well as to perform all acts that are requested of it in the context of the investigation. True Insights is entitled to deny the Client access to the application and/or to terminate the use of the application.
6. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the Client.
7. The Client is responsible for the proper security of the (mobile) device on which he uses the application, as well as for securing and keeping his/her own login details confidential.
Article 10 – Account
1. Client must create an account for access and use of the application. The account can be registered with an e-mail address and a password, unless stated otherwise. The Client registers with his personal or company details (including company name, company address, VAT number and email address).
2. The Client is at all times responsible for all data and information that it places or has placed on its account and/or the True Insights application. If the Client suspects that the information it has provided is incorrect or incomplete, the Client will immediately inform True Insights and provide the correct information. The client must keep his data up-to-date and can adjust his data in his own account for this purpose. The change is subject to True Insights approval.
3. True Insights may impose further restrictions or conditions on access to and use of certain parts or functions of the Application, including but not limited to creating an account, completing a verification process and/or meeting specific quality or suitability criteria.
4. The Client is obliged to report any breaches in the account by third parties that have taken place without the Client’s permission to True Insights immediately after discovery, so that True Insights can take the necessary follow-up measures.
5. The Client is obliged to provide correct and complete information during the registration of the account and to keep the account up-to-date at all times. The use is personal and non-transferable.
6. The Client is responsible for his or her login details and must not provide these login details to third parties. If a Client suspects that the login details have been lost, stolen or possibly unauthorized use of the account, the Client must immediately contact True Insights. The Client is personally liable for all activities that are carried out via its own account, unless the Client can demonstrate that he/she has not been negligent. This in any case includes: failure to report unauthorized use or loss of login data.
7. The Client shall ensure that all data, which True Insights indicates are necessary or which the Client should reasonably understand to be necessary for access and/or use of the application, are provided to True Insights in a timely manner.
8. True Insights is not liable for damage, of whatever nature, that has arisen because True Insights has based on incorrect and/or incomplete data provided by the Client, unless this inaccuracy or incompleteness was known to True Insights.
9. The Client is responsible for his or her login details and must not provide these login details to third parties. If a Client suspects that the login details have been lost, stolen or possibly unauthorized use of the account, the Client must immediately contact True Insights. The Client is personally liable for all activities that are carried out via its own account, unless the Client can demonstrate that he/she has not been negligent. This in any case includes: failure to report unauthorized use or loss of login data.
Article 11 – Availability of the application
1. True Insights does not guarantee that the services will always meet the expectations raised in advance. True Insights strives to make an effort to offer the application and access to the application to the Client, as far as possible, without interruption, but True Insights does not guarantee the full availability of the application at all times. True Insights is entitled if and insofar as there is a danger to the error-free functioning of the application and to suspend the use of the application in its opinion. True Insights is furthermore entitled to take all measures it deems reasonably necessary to guarantee the effective functioning of the application.
2. If and insofar as there is an infringement of the rights of True Insights or third parties and/or unlawful acts by the Client, True Insights is entitled to close that part of the application immediately or to exclude the Client from use . True Insights will immediately remove any infringing/harmful information. True Insights is in no way liable for damage of any nature whatsoever, as a result of (temporarily) shutting down the service and/or removing or passing on data.
Article 12 – Prices and payment
1. All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed.
2. True Insights performs its services in accordance with the agreed rate per package. Depending on the chosen package, the Client has the option to pay the amount in full in full in advance on an annual basis, or to pay this amount per month.
3. In the event of an upgrade of a subscription, the Client owes the additional price from the moment the (subsequent) subscription commences. If the Client wishes to downgrade the subscription, this is only possible after the end of the current subscription period, and the Client will owe the new price as of the commencement date of the new subscription.
4. The Client is obliged to fully reimburse the costs of third parties, which are deployed by True Insights after the Client’s approval, unless expressly agreed otherwise.
5. True Insights is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
6. The Client must pay these costs at once, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and details of True Insights made known to it.
7. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
Article 13 – Collection policy
1. If the Client does not meet its payment obligation, and has not fulfilled its obligation within the specified payment term, the Client is in default by operation of law, being a Company. The Client, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that term, before falls into default.
2. From the date that the Client is in default, True Insights will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
3. If True Insights has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. The full legal and execution costs incurred are also for the account of the Client.
Article 14 – Privacy, data processing and security
1. True Insights handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If requested, True Insights will inform the data subject about this.
2. The Client is responsible for the processing of data that is processed using a service of True Insights. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies True Insights against any (legal) claim related to this data or the execution of the Agreement.
3. If True Insights is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs. , is not unreasonable.
Article 15 – Suspension and termination
1. True Insights has the right to keep the data, data files and more it has received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a reason for True Insights arises which justifies suspension in that case.
2. True Insights is authorized to suspend the fulfillment of the obligations resting on it as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
3. In that case True Insights is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or termination) does not affect the Client’s payment obligations for work already performed. In addition, the Client is obliged to compensate True Insights for any financial loss that True Insights suffers as a result of the Client’s default.
Article 16 – Force majeure
1. True Insights is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of True Insights in any case includes, but is not limited to: (i) force majeure of suppliers of True Insights, (ii) failure to properly fulfill obligations of suppliers that the Client or its third parties have been prescribed or recommended to True Insights, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of True Insights or advisors engaged by it and (vii) other situations that, in the opinion of True Insights, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement will be paid by the Client. True Insights is not obliged to compensate Client for any losses caused by such revocation.
Article 17 – Limitation of liability
1. If any result laid down in the Agreement is not achieved, a shortcoming on the part of True Insights will only be deemed to exist if True Insights has expressly promised this result when accepting the Agreement.
2. In the event of an attributable shortcoming on the part of True Insights, True Insights is only obliged to pay any compensation if the Client has given True Insights notice of default within 14 days after discovery of the shortcoming and True Insights has not subsequently remedied this short coming within a reasonable period of time. recovered. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that True Insights is able to respond adequately.
3. If the provision of Services by True Insights leads to liability of True Insights, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by the Client unless the damage is the is the result of intent or recklessness bordering on intent on the part of True Insights. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair.
4. True Insights expressly excludes all liability for consequential damage. True Insights is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
5. The Client indemnifies True Insights against all third-party claims as a result of a defect as a result of a service provided by the Client to a third party and which partly consisted of Services provided by True Insights, unless the Client can demonstrate that the damage was solely caused by the True Insights service.
6. Any information and/or (financial) research provided by True Insights, based on information that is incomplete and/or incorrectly provided by the Client, is never a ground for liability of True Insights.
7. The content of the information made available by True Insights is not binding and only informative in nature. The Client decides itself and under its own responsibility whether it will follow any proposals/situations and the possibilities of True Insights mentioned herein. All consequences arising from the follow-up of the information and/or any investigation are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the research delivered or delivered or the information provided by True Insights. True Insights is not obliged to any form of refund if this is the case.
8. If a third party is engaged by or on behalf of the Client, True Insights is never liable for the actions and advice of the third party engaged by the Client, as well as the processing of results (of advice prepared) of the third party engaged by the Client in True Insights’ own information. and research.
9. True Insights is in no way liable for the investment result of the Client. The Client is fully responsible for the results of its portfolio and can never hold True Insights liable for any damage or loss.
10. True Insights is expressly not liable for the consequences of any act or omission based on the content of the stock and/or investment information. For investment advice or asset management that is tailored to the individual situation of the Client and the assessment of suitability and suitability of the investments, the Client must contact an investment adviser or asset manager.
11. True Insights is expressly not liable if the Client loses access to their wallet/cryptocurrency and/or (as a result) losses suffered and/or to be suffered by the Client and/or decreases in value in connection with the Services.
12. True Insights does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of True Insights, nor for the timely receipt thereof.
13. All claims by the Client due to shortcomings on the part of True Insights will lapse if they have not been reported to True Insights in writing and with reasons within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, the liability of True Insights lapses.
Article 18 – Confidentiality
1. True Insights and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information was not disclosed to True Insights during the Agreement with the Client and/or was obtained by True Insights in any other way. .
2. In particular, the secrecy pertains to investigations, texts, reports, information, designs, working methods and/or reporting regarding the Client’s package prepared by True Insights. The Client is expressly prohibited from sharing its contents with employees who are not authorized to take cognizance of this and with (unauthorized) third parties. Furthermore, True Insights always exercises the required care in dealing with all business-sensitive information provided by the Client.
3. If True Insights is obliged to provide the confidential information by law or competent court or indicated third party on the basis of a statutory provision or a court decision and True Insights cannot invoke a right of nondisclosure, True Insights is not obliged to pay any compensation and does not give the Client any ground for termination of the Agreement.
4. The transfer or distribution of information to third parties and/or publication of statements, studies, texts or productions provided by True Insights to third parties requires the written consent of True Insights, unless such permission has been expressly agreed in advance. The Client will indemnify True Insights against all claims by such third parties as a result of reliance on such information distributed without the prior written consent of True Insights.
5. True Insights and the Client also impose the confidentiality obligation on third parties to be engaged by them.
Article 19 – Intellectual Property Rights
1. All IP rights and copyrights of True Insights, including in any case, but not limited to all designs, models, reports, studies, texts, e-mail messages and other forms of the information provided by True Insights, are held exclusively by True Insights and are not transferred to the Client unless expressly agreed otherwise.
2. If it has been agreed that one or more of the aforementioned items or works of True Insights will be transferred to the Client, True Insights is entitled to conclude a separate Agreement for this and demand appropriate monetary compensation from the Client. Such compensation must be paid in full by the Client before it acquires the relevant items or works with the IP rights resting thereon.
3. The Client is prohibited from disclosing and/or multiplying, modifying or making available to third parties (including use for commercial purposes) all documents and software on which the IP rights and copyrights of True Insights rest, without express prior written notice. permission from True Insights. If the Client wishes to make changes to items delivered by True Insights, True Insights must explicitly agree to the intended changes.
4. The Client is only permitted to use or process parts of the content if it has purchased the media package. The Client is obliged to quote and/or refer to True Insights correctly at all times, failing which the Client infringes the intellectual property rights of True Insights.
5. The Client is prohibited from using the items and documents on which the intellectual property rights of True Insights rest other than as agreed in the Agreement.
6. Parties will inform each other and take joint measures if an infringement of IP rights occurs.
7. In the event of violation of the intellectual property rights of True Insights, the Client owes an immediately due and payable fine of 25,000 euros as well as 500 euros for each day that the violation continues. This does not affect the right of True Insights to claim (additional) compensation.
Article 20 – Indemnification and accuracy of information
1. The Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or documents, in whatever form, that it provides to True Insights in the context of an Agreement, as well as for the data that it provides from obtained from third parties and which have been provided to True Insights for the performance of the Service.
2. The Client indemnifies True Insights against any liability as a result of the failure to comply or not to comply with the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or documents.
3. The Client indemnifies True Insights against all claims from the Client and third parties engaged by it or working under it, as well as from clients of the Client, based on the failure to obtain (timely) any permissions required in the context of the execution of the Agreement.
4. The Client indemnifies True Insights against all third-party claims arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that can be used in the performance of the Agreement and /or the acts or omissions of the Client towards third parties.
5. If the Client provides True Insights with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.
Article 21 – Complaints
1. If the Client is not satisfied with the service of True Insights or otherwise has complaints about the execution of the subscription, the Client is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason that led to the complaint. report. Complaints can be reported verbally or in writing via email@example.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client if True Insights is to be able to handle the complaint.
3. True Insights will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 22 – Applicable law
1. Dutch law applies to the legal relationship between True Insights and the Client. The vienna sales convention is excluded.
2. True Insights has the right to change these general terms and conditions and will inform the Client thereof.
3. In the event of translations of these general terms and conditions, the Dutch version shall prevail.
4. All disputes arising from or as a result of the Agreement between True Insights and the Client will be settled by the competent court of the District Court of Rotterdam (the Netherlands) unless mandatory provisions designate another competent court.
Rotterdam, September 5th, 2021