General terms and conditions of sale

1. Definitions

Customer

any legal entity or natural person acting for professional purposes who subscribes to the Service.

Service

the Sinplify platform, available online as SaaS, in the version and with the features set out in the Offer.

Offer

the quote, purchase order or subscription plan accepted by the Customer, which sets out in particular the version of the Service, the term and the price.

Authorised user

any person who accesses the Service using credentials provided to or created by the Customer.

2. Purpose

These Terms set out the conditions under which ALV Networks provides the Customer with access to the Service. In the event of a conflict, the Offer prevails over these Terms.

3. Nature of the Service

Sinplify structures and accelerates the Customer's cybersecurity compliance journey and prepares its file. The Customer remains responsible for its choices, for implementing the measures and for the answers it confirms in the Service. Suggestions made by the artificial intelligence built into the Service are always subject to confirmation by an Authorised user.

The Service may contribute to a third-party assessment, but it does not replace the CyFun® self-assessment tool or a conformity assessment carried out by an accredited body, and it does not constitute certification. The CyFun® Framework is owned by the Centre for Cybersecurity Belgium (CCB); www.cyfun.eu is its only authentic source.

4. Access to the Service

The Service is available 24 hours a day, 7 days a week, except for interruptions due to technical work, announced in advance when planned, or in the event of force majeure. The Customer is responsible for keeping its Authorised users' credentials confidential and for how they are used.

5. Restrictions on use

The Customer undertakes not to use the Service for unlawful or abusive purposes or for purposes not provided for in these Terms. Any attempt at unauthorised access or at compromising the security of the Service may lead to the immediate suspension of the account concerned.

6. Prices and payment

Prices are those set out in the Offer. They are expressed in euros, excluding VAT. Unless the Offer provides otherwise, payment is made by direct debit through our payment provider Stripe. Any failure to pay may lead to the suspension of access to the Service 7 days after the due date.

7. Invoicing

Invoices are issued at the frequency set out in the Offer and sent electronically. Any amount unpaid on the due date automatically bears late payment interest at the rate set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with a fixed compensation of 10% of the unpaid amount.

8. Term and termination

The subscription starts when the Service is activated, for the term set out in the Offer: monthly, for one year or for two years. Unless the Offer provides otherwise, it is tacitly renewed for the same term. The Customer may terminate it at any time from its account or in writing; termination takes effect at the end of the current period.

9. Intellectual property

ALV Networks remains the sole owner of the intellectual property rights in the Service. No rights are assigned to the Customer, who is granted a right of use for the term of the subscription. The Customer remains the owner of the data and documents it uploads to the Service.

10. Personal data and security

Each party complies with the General Data Protection Regulation (GDPR). For the personal data the Customer processes in the Service, ALV Networks acts as a processor within the meaning of Article 28 GDPR: the terms of that processing, the list of sub-processors and the security measures are set out in the data processing agreement. At the end of the subscription, the Customer's data is returned in a usable format at its request, then deleted.

11. Support

Support is available by email on business days. Planned technical work is announced in advance.

12. Limitation of liability

Except in the case of intentional misconduct, ALV Networks cannot be held liable for indirect damage suffered by the Customer, such as loss of revenue, customers or data. Its total liability is limited to the amount paid by the Customer in the twelve months preceding the event giving rise to liability.

13. Force majeure

In the event of force majeure, including natural disaster, war or cyberattack, the parties' obligations are suspended for the duration of the event.

14. Changes

ALV Networks may amend these Terms. The Customer is informed by email or at its next login. By continuing to use the Service, it accepts the new terms.

15. Language

These Terms are available in French, Dutch and English. In the event of any discrepancy, the French version prevails.

16. Governing law

These Terms are governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the courts of Brussels.