Terms and Conditions

1. Definitions

The following terms are used in these terms and conditions:

ComplianceGuard:

The provider of compliance software and related services, established in the Netherlands.

Customer:

The natural or legal person using the ComplianceGuard software or services.

Software:

The ComplianceGuard application and all associated compliance management functionality.

Services:

All services provided by ComplianceGuard, including software access, support and consultancy.

Agreement:

The agreement concluded between the parties for the use of ComplianceGuard software and/or services.

2. Applicability

These terms and conditions apply to all offers, agreements and services of ComplianceGuard.

Deviations from these terms are valid only if expressly agreed in writing.

If one or more provisions of these terms prove void or voidable, the remaining provisions stay in full force.

3. Services

3.1 Software as a service (SaaS)

ComplianceGuard delivers software as a service through a web application. The software is accessible over the internet and hosted on servers in the Netherlands.

3.2 Availability

ComplianceGuard aims for 99% availability of the software, measured over a calendar year. The following are excluded:

• Planned maintenance, announced at least 24 hours in advance
• Failures at third parties such as hosting and internet providers
• Situations of force majeure

3.3 Support

Support is available during office hours, Monday to Friday, 09:00-17:00, through:

• Email: info@complianceguard.nl
• Telephone: +31 6 10 90 90 28

3.4 Updates and new features

ComplianceGuard may update the software at any time with improvements, new features or security updates. Significant changes are communicated in advance.

4. Access and use

4.1 User account

A user account is required to access the software. The customer is responsible for:

• Keeping login details confidential
• All activity that takes place under the account
• Reporting unauthorised use immediately

4.2 Permitted use

The software may only be used:

• For compliance management purposes
• By the customer's authorised users
• Within the licence terms of the chosen subscription
• In accordance with applicable laws and regulations

4.3 Prohibited use

It is not permitted to:

• Reverse engineer or copy the software
• Toegang te verkopen of door te verkopen aan derden
• De software te gebruiken voor illegale activiteiten
• Kwaadaardige code te uploaden of de beveiliging te proberen te omzeilen
• Overmatige belasting op de servers te veroorzaken

5. Prices and payment

5.1 Subscription prices

Prices for ComplianceGuard subscriptions are published on our website and exclude VAT unless stated otherwise.

5.2 Invoicing

Invoicing takes place:

• In advance for the subscription period
• Automatically through the chosen payment method
• Monthly or annually, depending on the chosen subscription

5.3 Payment term

Invoices must be paid within 14 days of the invoice date. Access to the software may be suspended if payment is late.

5.4 Price changes

ComplianceGuard may change prices with 30 days' notice. Existing customers are informed at least 30 days in advance.

6. Free trial period

6.1 30 days free

New customers can use a free 30-day trial with full functionality.

6.2 Trial conditions

• Available to new customers who have not had a trial before
• No credit card or payment required during the trial
• Ends automatically after 30 days with no obligations
• Data remains available for export for 30 days afterwards

6.3 Moving to a paid subscription

A paid subscription is required to continue after the trial. All data and settings are retained on transition.

7. Data and privacy

7.1 Customer data

All data the customer enters into the software remains the property of the customer. ComplianceGuard claims no rights to it.

7.2 Data processing

ComplianceGuard processes personal data in accordance with our privacy statement and the GDPR.

7.3 Data security

ComplianceGuard implements appropriate technical and organisational measures to protect customer data:

• Encryption of data in transit and at rest
• Regular security audits
• Access control and logging
• Dutch servers, with no data export outside the EU

7.4 Data export and portability

Customers can export their data at any time in standard formats: PDF, Excel and CSV.

8. Intellectual property

8.1 Ownership of the software

All intellectual property rights in the ComplianceGuard software rest with ComplianceGuard. The customer obtains a right of use only.

8.2 Customer content

The customer retains all rights to the content entered into the software: data, documents and configuration.

8.3 Feedback and suggestions

Feedback and suggestions from customers may be used by ComplianceGuard to improve the product without compensation.

9. Liability

9.1 Limitation of liability

The liability of ComplianceGuard is limited to the amount of the most recent annual invoice, with a maximum of €10,000 per incident.

9.2 Excluded damages

ComplianceGuard is not liable for:

• Indirect damage, such as lost profit
• Damage caused by incorrect use of the software
• Damage caused by third parties
• Damage caused by force majeure

9.3 Customer responsibilities

The customer remains responsible at all times for:

• The accuracy of the data entered
• Meeting its own compliance obligations
• Backing up critical data
• Keeping contact and billing details up to date

10. Cancellation and termination

10.1 Cancellation by the customer

The customer can cancel the subscription:

• Through the software settings
• By email to info@complianceguard.nl
• Effective from the next billing period
• With no notice period for monthly subscriptions
• With 30 days' notice for annual subscriptions

10.2 Cancellation by ComplianceGuard

ComplianceGuard may terminate the agreement in the event of:

• Non-payment after 30 days
• Misuse of the software
• Breach of these terms

10.3 Consequences of termination

After the subscription ends:

• Access to the software stops immediately
• Data remains available for export for 30 days
• Data is permanently deleted after that
• All rights and obligations lapse

11. Force majeure

ComplianceGuard is not liable for failing to meet obligations as a result of force majeure, including:

• Natural disasters or extreme weather
• Pandemics or other health crises
• War, terrorism or other violence
• Failures at internet or hosting providers
• Cyberattacks or other security incidents
• Changes in laws or regulations

In the event of force majeure the agreement is suspended until the situation ends.

12. Disputes and governing law

12.1 Dutch law

Dutch law applies exclusively to this agreement, excluding international treaties.

12.2 Competent court

All disputes are submitted to the competent Dutch court, unless the parties opt for arbitration or mediation.

12.3 Dispute resolution

In a dispute, the parties seek a solution through:

1. Direct discussion between the parties
2. Mediation through a recognised mediator
3. Legal proceedings as a last resort

13. Changes

13.1 Changes to these terms

ComplianceGuard may amend these terms and conditions. Changes take effect 30 days after being announced through:

• Email to known customers
• A notice in the software
• Publication on the website

13.2 Objecting to changes

Customers can object to changes by cancelling the subscription before the change takes effect.

13.3 Version history

• Version 1.0 (24 July 2025): first version of the terms and conditions

14. Contact and questions

For questions about these terms and conditions, please contact us:

For legal questions about these terms you can also contact us at juridisch@complianceguard.nl.