Contakt Academy business subscription terms

1. Parties, scope and the Order

These terms govern the business subscription between Contakt, a sole proprietorship (eenmanszaak) under Dutch law, registered with the Dutch Chamber of Commerce under KvK number 92963307, VAT identification number NL004906869B24, established in Diemen, the Netherlands ("Contakt") and the organization identified in the accepted order form or online order summary (the "Customer").

The person accepting an Order confirms that they act for business purposes and are authorized to bind the Customer. Contakt may request company, VAT and authority evidence before activation. These terms do not cover consumer, family or individual purchases.

An "Order" is a signed order form or the versioned online order summary stored together with the Customer's acceptance evidence. The Order controls the plan, quantities, price, currency, billing period, start date and term.

The agreement consists, in descending order of precedence, of: (1) the accepted Order and any expressly agreed amendment; (2) the Data Processing Agreement; (3) any service, support or security schedule referenced in the Order; (4) these terms; and (5) policies expressly incorporated by stable link and version.

2. The service and account administration

Contakt grants the Customer a limited, non-exclusive, non-transferable right to use the Academy modules and quantities listed in the Order for the duration of the subscription term. Access may be given only to the Customer's own staff, coaches, members and other authorized users within the agreed organization structure.

A roadmap item, demonstration, design, beta or early-access feature is not a committed deliverable unless the Order says so.

The Customer administers its own users and is responsible for accurate account information, appropriate permissions, credential security and prompt removal of access when a user's authority ends. Suspected misuse or compromise must be reported without undue delay to hello@contaktacademy.com.

3. Charges, VAT and invoices

The Customer pays the charges, in the currency and on the billing cadence, stated in the Order. All amounts are exclusive of VAT unless the Order states otherwise. Applicable VAT and other required taxes are added and handled according to the Customer's location and tax status.

Contakt issues its official invoices through its own accounting process. Payment receipts, booking breakdowns and other operational documents produced inside Academy are not tax invoices unless expressly identified as such.

Invoices are due within 14 days of the invoice date unless the Order states otherwise. Payment may be collected by bank transfer, an authorized invoice payment link, or a recurring mandate through Contakt's payment provider. Recurring collection begins only after the mandate and the amount have been clearly presented to the Customer.

Contakt may charge statutory interest and reasonable collection costs after written notice and a reasonable opportunity to pay. Disputed amounts must be reported with reasons within 14 days of the invoice date; undisputed amounts remain due.

4. Term, renewal and cancellation

The initial term, renewal period and notice deadline are stated in the Order. Where the Order provides for automatic renewal, that fact is stated to the Customer before acceptance.

The Customer may cancel through the account settings in Academy or by written notice to Contakt. Cancellation takes effect at the end of the current paid period unless the Order or mandatory law requires otherwise, and Contakt confirms the effective end date in writing. Cancellation stops future renewal; it does not by itself reverse correctly invoiced and delivered periods.

Contakt may change the price for a future renewal period only, on at least 60 days' durable notice stating the new price, the effective date and the Customer's right to decline renewal. Customer-specific discounts and one-time implementation fees do not renew unless the Order says so.

5. Failed payment, grace period and suspension

On failed or overdue payment Contakt gives the Customer notice and a reasonable opportunity to cure of at least 14 days. Contakt may then limit paid features or suspend the service where that is proportionate, while preserving the access needed to resolve the billing issue and to export data.

Contakt will not suspend a service solely because an unverified webhook reports a failed payment; provider state and the applicable invoice are reconciled first. Suspension does not cancel accrued charges. Access resumes after confirmed payment unless the agreement has separately ended.

6. Customer commerce and merchant responsibility

The Customer, and not Contakt, is the seller and merchant of record for its memberships, lessons, camps, court hire, shop items and other services supplied to its members and their parents or guardians. The Customer controls those prices, VAT decisions, cancellation and refund rules, mandates, consumer terms and official invoices.

Member money settles to the Customer's own connected payment account. Contakt does not acquire ownership of, or a claim to, those funds by providing checkout, payment-status or reconciliation software. Contakt charges no platform or application fee on member payments; any such fee would require a separate written commercial agreement.

The Customer must publish accurate member terms and privacy information and must handle member support, statutory refunds and chargebacks for its own sales. Contakt handles platform incidents under clause 10.

7. Data protection

For personal data that Contakt processes on the Customer's documented instructions, the Data Processing Agreement applies and forms part of this agreement. The Customer is the controller for its members, parents, minors, coaches and staff; Contakt is the processor for that data and a separate controller for its own contract, billing, security and legal-compliance records.

The Customer must have a lawful basis for the data it enters or instructs Contakt to process, provide the required notices to its own data subjects, manage guardian and participant permissions, and avoid submitting special-category data that the service does not require.

On termination, export and deletion follow clause 13 and the Data Processing Agreement. Contakt may retain records it is legally required to keep for tax, dispute, fraud and compliance purposes, with access restricted to that purpose.

8. Acceptable use

The Customer and its users must not:

• break the law or infringe another person's rights;
• bypass plan, tenant, role, usage or security controls;
• access another organization's data, or probe or test the service's security without Contakt's written authorization;
• upload malware, abusive material, or data they are not permitted to process;
• resell, sublicense, reverse engineer or copy the service except where mandatory law permits; or
• present beta or analysis output as medical advice, a safety certification or a guaranteed performance result.

9. Intellectual property, customer data and feedback

Contakt and its licensors retain all rights in the service, its software, documentation, brand and reusable know-how. The Customer retains all rights in its own data and materials, and grants Contakt only the rights needed to provide, secure, support and lawfully maintain the contracted service under this agreement and the Data Processing Agreement.

Customer data and member media are not used to train general-purpose models. Any exception would require a separate, specific and lawful written agreement.

Contakt may use feedback without restriction only where that feedback contains no confidential information and no personal data, and does not transfer the Customer's pre-existing intellectual property.

10. Availability, support and changes to the service

Contakt provides the service with reasonable care and skill. Where the Order references a support or service-level schedule, that schedule states the service hours, priorities, response targets, planned maintenance and any remedy. Absent such a schedule, availability and response targets are operational goals rather than contractual guarantees.

Contakt may change the service to maintain security, legal compliance and functionality. Contakt will give reasonable advance notice of any material reduction in contracted functionality, together with an appropriate remedy or a right to terminate the affected subscription.

Third-party payment, hosting, app-store and communication services remain subject to their own terms and availability. This does not relieve Contakt of its own obligations to select and manage its subprocessors with due care.

11. Confidentiality

Each party protects non-public commercial, technical and personal information received from the other, uses it only for the purposes of this agreement, and discloses it only to personnel and advisers who need it and owe a comparable duty of confidence.

This obligation does not apply to information that is public without breach, was already lawfully known, is independently developed, or is lawfully received from a third party. Legally compelled disclosure is permitted, with prior notice to the other party where lawful.

12. Warranties and liability

Each party warrants that it has the authority to enter into this agreement. Contakt warrants that it will provide the contracted service with reasonable care and skill, and will address material non-conformity within a reasonable period after written notice.

Except as stated in this agreement and to the extent permitted by law, the service is provided without further warranties, including any implied warranty of fitness for a particular purpose.

Each party's total aggregate liability arising out of or in connection with this agreement in any twelve-month period is limited to the total charges paid or payable by the Customer under the Order in the twelve months preceding the event giving rise to the liability. Neither party is liable for indirect or consequential loss, lost profit, lost revenue, lost goodwill, or the cost of substitute services.

These limitations do not apply to: liability for death or personal injury caused by negligence; fraud, wilful misconduct or gross negligence (opzet of bewuste roekeloosheid); the Customer's obligation to pay undisputed charges; either party's breach of clause 11; or any liability that cannot lawfully be limited.

The Customer is responsible for keeping its own records of the operational data it needs, and for the accuracy and lawfulness of the data it enters into the service.

13. Termination and transition

Either party may terminate this agreement for a material breach that is not cured within 30 days after written notice, or immediately where cure is impossible, where insolvency law permits, or where continued provision would be unlawful or would create an urgent security threat.

On termination, access ends on the effective date, undisputed accrued amounts remain payable, and the export and deletion process in the Data Processing Agreement applies. For 30 days after the effective date, Contakt will make the Customer's data available for export in a structured, commonly used, machine-readable format at no additional charge, unless the law requires otherwise.

Clauses that by their nature are intended to survive — including confidentiality, payment, intellectual property, liability and record retention — continue after termination.

14. Changes to these terms

Contakt may change these terms for a stated legal, security, operational or product reason. A material adverse change takes effect only after durable advance notice stating the change, the effective date and any right not to renew or to terminate the affected subscription.

A change does not rewrite an Order already agreed with a Customer without that Customer's agreement. Each published version keeps its own immutable URL, and the version the Customer accepted remains retrievable with the Customer's acceptance record.

15. Governing law, disputes and notices

This agreement is governed by the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods. Disputes are submitted to the competent court in Amsterdam, the Netherlands, subject to any mandatory rule of jurisdiction.

Before starting formal proceedings, authorized representatives of the parties will attempt in good faith to resolve the dispute for 30 days, unless urgent interim relief is needed.

Legal notices to Contakt go to hello@contaktacademy.com and to the address in the Order. Notices to the Customer go to the administrative contact recorded for the workspace. Operational support requests are not legal notice unless Contakt acknowledges them as such.

16. Language

The authoritative text of these terms is the English version published at this URL. A translation may be provided for convenience; in the event of any discrepancy, the English text prevails, except where mandatory law provides otherwise.

Schedule A — what every Order records

Every Order, including the online order summary presented in the setup wizard, records:

• the full legal names, addresses and KvK/VAT numbers of both parties;
• the authorized acceptor and their representation of authority;
• the Academy plan, modules, included seats and any product exclusions;
• onboarding or migration work, customer dependencies and acceptance criteria;
• the price, currency, VAT basis, one-time charges, billing period and payment term;
• the start date, initial term, renewal, notice deadline and cancellation method;
• the support level and named contacts;
• the accepted versions of these terms, the Data Processing Agreement and any schedule;
• payment-provider and mandate references, without exposing secrets; and
• any negotiated change, data-location requirement or beta condition.