General terms and conditions

Last updated 29 October 2025

These general terms and conditions (the “General Terms” or the “Agreement”) govern the access to and use of the AI-powered tax advisory tool (“Creyten” - as defined in Article 1 below) operated by Acumen Consulting BV, a Belgium-based company, registered at Ambachtenlaan 14 / 8, 3001 Leuven, Belgium ("Acumen"):

(i) by any natural person using a free user account, as described in Article 4.1 (a “User”); and

(ii) by any legal entity or natural person subscribing to a Personal, Enterprise, or Enterprise+ Account pursuant to an order form entered into between Acumen and such legal entity or natural person, as identified as customer therein (an “Order Form”, as further defined in Article 1, and such party, the “Customer”).

Acumen and the User or Customer respectively are hereinafter jointly referred to as the "Parties" and individually as a "Party".  

These General Terms shall apply unless and to the extent expressly superseded or replaced by separate written contractual arrangements entered into between Acumen and the Customer. User’s or Customer's general terms and conditions are not applicable and expressly excluded. Specific services terms, product details and/or subscription terms may be set forth in applicable Order Form(s), each of which becomes binding on the Parties and subject to these General Terms and incorporates these General Terms. The terms and conditions form an integral part of every agreement with Creyten, except in case of deviations agreed in writing. In the event of a conflict between the General Terms and the Order Form, the Order Form takes precedence.  

The General Terms applicable are those in force at the Effective Date (as defined in Article 1). Acumen reserves the right to unilaterally modify the General Terms at any time. Such modifications shall take effect upon publication on the Site. By using the services of Creyten, Users and Customers accept these terms and conditions and any modifications to the terms and conditions without reservation or restriction. Notwithstanding the foregoing, with respect to Customers, Acumen will provide a written notice prior to any of such changes to Customer (including without limitation by e-mail) (the "Notice"). In that case, Customer may terminate this Agreement within fifteen (15) days of such notice by notifying Acumen of such termination via email to https://www.creyten.com. If Customer does not notify Acumen of such termination, the new terms shall become effective as of the date specified in the Notice.  

Except as otherwise provided, the defined terms used in this General Terms shall have the meaning as set forth in Article 1.

Article 1 – Definitions

1.1 For purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms will have the following meanings:  

"Affiliate" means an affiliate as per article 1:20 of the Belgian code of companies and associations.

"Article" means an article of these General Terms.

"Customer Data" means any document, material, data or information of any type that is uploaded or submitted by or on behalf of a User or Customer to Creyten or that is generated or processed by or on behalf of Customer using Creyten.

"Creyten" means the proprietary computer program, software or application developed by Acumen that is provided by Acumen "as a service" via a web-based portal and/or mobile application.

"Documentation" shall mean any documentation provided by Acumen relating to the use of Creyten.

"DPA" means the Acumen Data Processing Agreement as applicable between the Customer and Acumen.

"Effective Date" means the earlier of (i) the date the Customer signs the relevant Order Form, or (ii) the date Acumen receives the first payment related to an Order Form, or (iii) a User creates a Free User Account.

"Intellectual Property Rights" means any and all now known or hereafter existing (a) rights associated with works of authorship, including but not limited to copyrights, copyrightable works (including but not limited to mask work rights) and moral rights; (b) trademarks, trade dress, trade names, corporate names or service mark rights; (c) trade secret rights and other confidential information (including but not limited to ideas, information, improvements, specifications, drawings, programmer notes, discoveries and proposals); (d) patents, patent disclosures, and inventions (whether patentable or not) know-how and industrial property rights; (e) logos, layout design rights, design rights, database sui generis right, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; whether registered or not, (f) computer software programs (including but not limited to source code and object code), data, databases and documentation thereof and (g) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world;  

"Order Form" means any quote or other ordering document with regard to the use of Creyten as described in Article 4.2.

"Subscription Term" means, with respect to Customers, the monthly or yearly subscription term as indicated in the Order Form, and includes the "Initial Term" and all "Renewal Terms" as set out in Article 13.1 of these General Terms.  

Article 2 - Access, use and restrictions

2.1. Acumen grants to Customer, during the Subscription Term, or User, a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use Creyten in accordance with the Documentation, solely for the internal business purposes of User or Customer, and subject to the General Terms and, with respect to Customers, any additional license parameters or restrictions identified on the Order Form.

2.2. With respect to Customers, the Order Form mentions a maximum number of End Users. The Customer may request an increase in the maximum number of End Users at any time. Upon confirmation from Acumen, as promptly as reasonably possible following such request, the Customer will receive an updated Order Form with the new maximum number of End Users and corresponding Fees, effective immediately (unless specified otherwise in the Order Form). Additionally, the Customer may request to decrease the maximum number of End Users upon renewal of the Initial Term or a Renewal Term. In case of a yearly subscription, such a request must be communicated in writing to Acumen at least sixty (30) days prior to the renewal date. In case of a monthly subscription, such request must be communicated in writing to Acumen at least seven (7) days prior to the renewal date. Upon Acumen's confirmation of such a request, the Customer will receive an updated Order Form, or the information on the Customer's account within Creyten will be updated with the new maximum number of End Users and corresponding Fees, effective at the start of the next Renewal Term (unless specified otherwise).

2.3. The Customer acknowledges that in the event an End User is no longer covered by an active subscription (for example due to a subscription downgrade), the End User will lose access to its account and be converted into a Free User Account (as defined in Article 4). The Customer acknowledges that in the event the subscription is terminated, and no other subscription will apply (a downgraded or upgraded subscription), all End Users will lose access to their accounts on the termination date and will be converted into Free User Accounts (as defined in Article 4).

2.4. To access and use Creyten, Customers and Users need to establish an account, providing current, complete, and accurate information when setting it up. The Customer, as the case may be, will identify End Users authorized to set up logins to use Creyten as permitted by the General Terms. It is strictly prohibited for a single login to be used by more than one User or End User. Users and Customers will take necessary actions to maintain the confidentiality of each password and login and prevent unauthorized use. The User or Customer will promptly inform Acumen by email to contact@creyten.com if it determines or suspects an unauthorized employee or third party has accessed an account, password and/or login. The User or Customer authorizes Acumen to rely on any information and/or instructions set forth in any data transmission using the assigned password or login, without further investigation or inquiry, irrespective of the transmitting individual's actual identity, concerning Acumen's operation. Any use of the assigned password or login, whether authorized by the User or Customer or not, is solely the User’s or Customer's responsibility and risk. The Customer and User will indemnify, defend, and hold harmless Acumen from any claim, proceeding, loss, or damages based on any use, misuse, or unauthorized use of the User’s or Customer's passwords and logins.

2.5. Customers and Users undertake and warrant that it shall not, and, as the case may be, procure that its End Users shall not:

(i) copy, adapt, alter, translate, modify or make derivative works based on Creyten, without the express consent of Acumen;

(ii) exceed the subscribed quantities, users or other entitlement measures of Creyten without prior approval of Acumen;

(iii) assign, sell, resell, sublicense, rent, lease, time-share, distribute or otherwise transfer the rights granted to the User or Customer under this Agreement to any third party;

(iv) modify, decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or any underlying ideas, algorithms, structure or organization) of Creyten, except and only to the extent that such activity is expressly permitted by applicable law;

(v) use Creyten to generate unsolicited e-mail advertisements or spam;

(vi) interfere with or disrupt the integrity or performance of Creyten;

(vii) attempt to gain unauthorized access to Creyten or its related systems or

(viii) use Creyten in a manner that infringes on the intellectual property rights, publicity rights, or privacy rights of any third party, or to store or transfer defamatory, trade libelous or otherwise unlawful data;

(ix) use any high volume automatic, electronic or manual process to access, search or harvest information from Creyten (including without limitation robots, spiders or scripts); or

(x) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in Creyten.

Article 3 - Obligations of Customers and Users

3.1. Customers and Users shall provide Acumen with all necessary information, documentation and co-operation as reasonably requested in order for Acumen to fulfil its obligations under this General Terms.

 

3.2. In addition to the other obligations set out in the General Terms, Customers and Users shall:  

(i) only use Creyten in accordance with the terms of this Agreement;  

(ii) only use Creyten in compliance with all to Customer applicable laws and regulations.  

(iii) be responsible for procuring and maintaining its network connections and telecommunication links from its systems to Creyten;

(iv) implement the necessary precautions to prevent the introduction and proliferation of a virus or any other harmful software or data component or into Creyten;

(v) regularly take back-ups of its Customer Data; and

(vi) use Creyten diligently, with due and proper care (acting as a reasonable company/person placed in the same situation).

3.3. Customer is responsible for its End Users' compliance with the General Terms. Customer shall defend, hold harmless and indemnify Acumen and its subcontractors against all claims as a

result of its End User's use of Creyten in breach of this Agreement.

Article 4 - Services

4.1. A User can access and make use of Creyten via a Free User Account. Via the Free User Account, a User can ask Creyten a limited number of questions per day free of charge (reset at 0:00 hour Brussels time). Questions are divided into “initial” questions, which start a chat conversation with Creyten, and “follow-up” questions, which continue an already started chat. With respect to follow-up questions, a User can opt for a “simple” or an “advanced” answer.  

4.2. If a Customer orders a Personal, Enterprise Light or Enterprise Account, the Parties will execute a separate Order Form (or other written document), which will describe the (i) scope of the services to be provided by Acumen, and (ii) corresponding estimated fees. Each Order Form executed by the Parties will reference and be subject to the terms of these General Terms and may contain additional terms.

4.2. The Customer and User acknowledges and agrees that:

  1. Creyten serves as a resource or tool which can be used by (legal and tax) professionals with proper care and due diligence.  

  1. the answers provided by Creyten are automatically generated by artificial intelligence technology and may be incomplete, inaccurate, misleading, or unsuitable for specific purposes;

  1. the answers are provided for general informational purposes only and shall not be relied upon as professional advice;

  1. in particular, the answers do not constitute, and shall not be construed as, legal, tax, financial, accounting, or other regulated professional advice and that Creyten does not provide actual guidance or advice on legal or other matters; and

  1. the Customer and User remains solely responsible for verifying the accuracy and suitability of any output and for obtaining independent professional advice where appropriate.

  1. all warranties, expressed or implied, regarding the accuracy, completeness, or reliability of the Solution's outputs, are disclaimed by Acumen.

4.3. Acumen does not warrant that Creyten will be available without interruption, free of errors, or fit for the Customer’s particular purpose. Creyten is provided ‘as is’, subject to the General Terms.

4.4. Acumen may make use of affiliates, subcontractors or other representatives to provide the services under this Agreement.  

Article 5 - Customer data

5.1. Users and Customers retain the exclusive ownership of and/or rights to use all Customer Data. Users and Customers grants all such rights and permissions in or related to Customer Data as are necessary or useful for Acumen to perform its obligations under this Agreement.  

5.2. Customer Data will not be used to train Creyten without the User’s or Customer's consent.

5.3. Customer and User shall be responsible for uploading the Customer Data onto Creyten. In the event that Acumen would assist with such upload, Customer shall remain responsible for ensuring that all the Customer Data is correct and has been uploaded in full and Acumen will bear no liability in this respect.

5.4. The User and Customer agree that Acumen may collect, use, and disclose quantitative data derived from the use of Creyten for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed will be in aggregate form only and will not identify Users, Customers and/or Customer Data.

5.5. The User and Customer will indemnify, defend, and hold harmless Acumen from any (third party) claim, proceeding, loss, or damages based on any use, misuse, or unauthorized use of the Customer Data.

5.6. In the event the Customer requests Acumen to provide assistance with the use of Creyten, the Customer agrees and acknowledges that a Creyten support member (Acumen sub-contractor) may be granted access to the account of an End User or all End users and the relevant Customer Data that is accessible on such End User(s) account(s). Acumen will comply with the confidentiality obligations set forth in these General Terms. The Customer will ensure that Acumen's provision of assistance and access to Customer Data will not infringe any of the Customer's legal or contractual obligations, and the Customer will indemnify and hold Acumen harmless for any third party claims relating thereto.

5.7. The User and Customer are solely responsible for any and all Customer Data it uploads, submits, or otherwise provides to Creyten. The User and Customer represent and warrant that the Customer Data shall not:

(a) infringe or misappropriate any intellectual property rights or other proprietary rights of any third party;

(b) violate any applicable laws, regulations, or industry standards; or

(c) contain harmful, offensive, or unlawful material.

Customers and Users shall ensure that the Customer Data is lawfully obtained and shall, where relevant, regularly review Customer Data and keep it up-to-date.

The User and Customer shall indemnify, defend, and hold harmless the Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with the User’s or Customer’s breach of this section or the Customer Data provided to Creyten.

Article 6 - Intellectual property rights

6.1. All intellectual property rights belonging to a Party prior to the General Terms will remain with that Party. Creyten, including without limitation any underlying data, software, platforms, algorithms, technology, application and website design, any information, services, texts, feedback, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, features and any modifications, enhancements and derivatives thereof and all intellectual property rights related thereto are the property of Acumen and/or its respective Affiliates which retains all right, title and interest in connection therewith. For purposes of clarity, Acumen makes no claim with respect to any data, content, photographs, videos or other materials uploaded to Creyten by the User, Customer or any of Customer's End Users.

6.2. As between Customer or User and Acumen, Customer or User owns the Customer Data. Customer and User hereby grants to Acumen and its Affiliates and service providers, a worldwide, non-exclusive, non-transferrable and non-sublicensable, royalty-free license to collect, store, maintain, modify and process Customer Data as required solely to operate Creyten to Customer or User.

6.3. The User or Customer may occasionally provide suggestions, comments for enhancements or functionality, or other feedback, excluding Customer Data, to Acumen regarding Creyten ("Feedback"). Acumen will decide, at its sole discretion, whether or not to proceed with developing the requested enhancements, new features, or functionality. The User and Customer hereby grant Acumen a royalty-free, fully paid up, worldwide, transferable, sublicensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter thereof.

Article 7 – Indemnity

7.1. Subject to the conditions herein, Acumen indemnifies and holds harmless Customers against actions, claims or proceedings made or brought by any person alleging that Customer's use of Creyten infringes the intellectual property rights of that person (hereinafter an "Infringement Claim").

7.2. In the event of an Infringement Claim:

  1. Customer must promptly give written notice of such Infringement Claim or any notice preceding this action to Acumen as soon as it becomes aware of it and give Acumen full and exclusive authority for, and information for and assistance with, the defense and settlement of the Infringement Claim;

  1. If an Infringement Claim has been proven by a judicial decision, Customer agrees to permit Acumen, at its option and expense, to; (a) either, secure the right to continue using Creyten or the infringing portion thereof legitimately, or (b) using reasonable efforts and at reasonable costs, replace or modify Creyten or infringing portion thereof to make it non-infringing, while preserving substantially similar functionality. If neither of (a) nor (b) can be accomplished by Acumen using reasonable efforts and at reasonable costs, remove the infringing portion from Creyten.

7.3 If it is not possible to achieve the remedies mentioned in Article 7.2(ii), Acumen shall be liable, subject to the terms and limitations of Article 8, to pay the damages that the Customer is required to pay as a result of a final judicial decision or an approved settlement agreement between Customer and a third party (subject to prior approval by Acumen).

7.4. Under no circumstances shall Acumen be held responsible or be required to indemnify or hold Customer harmless for any Infringement Claim in the event Customer has not acted in accordance with Article 7.2, or for an Infringement Claim resulting from (i) a breach by Customer (or its End User) of the terms of this Agreement (including in particular but not limited to Art. 5.7), (ii) any modification of Creyten or relevant infringing portion thereof not made by or on behalf of Acumen, (iii) the use of Creyten or relevant infringing portion thereof for a purpose not intended according to this Agreement or not in accordance with Documentation, (iv) modification, configurations or implementations of Creyten made in accordance with Customer's specific instructions, (v) the use of Creyten or relevant infringing portion thereof in combination with any product and/or services not provided or approved by Acumen or any product and/or services other than those that have been expressly authorized by or on behalf of Acumen.

7.5. The foregoing states the entire obligations of Acumen with respect to infringement of third-party proprietary rights. The foregoing is given to Customer solely for its benefit and in lieu of all warranties of non-infringement with respect to Creyten or any part thereof.

Article 8 – Liability

8.1. In no event will Acumen its affiliates, directors, officers, employees, agents, licensors, contractors and subcontractors or other representatives, be liable for any special, incidental, punitive, indirect, exemplary, or consequential damages, including, but not limited to, lost revenue, lost profits or profit potential or opportunities, replacement goods, loss of technology, rights or services, loss of data, reputational damage, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), strict liability or otherwise and even in the event of gross negligence. Acumen shall not be responsible for any of the aforementioned damages resulting from decisions made on the basis of the data or content which is generated via Creyten. Acumen more generally disclaims all liability arising from or relating to the Customer’s reliance on the output generated by Creyten.

8.2. Acumen's and its affiliates, directors, officers, employees, agents, subcontractors or other representatives aggregated cumulative, total liability for any reason (whether based in contract, tort, including negligence and strict liability) in connection with this Agreement or an Order Form shall in no event exceed the amount paid by the Customer to Acumen for the twelve (12) month period prior to the event giving rise to liability.

8.3. The limitations provided for in this Article 8 shall also apply to Acumen's indemnification and remedies obligations provided for in Article 7.

Article 9 – Confidentiality

9.1. All information disclosed by a party (the "Disclosing Party") to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (the "Confidential Information"). In particular any information related to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of either party should be regarded as confidential.

9.2. For all Confidential Information received during the Subscription Term, the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own similar Confidential Information, but not less than reasonable care.

9.3. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure, to the extent permitted by law.

9.4. The provision of this Article 9 shall survive the expiration or termination of this Agreement for a period of five (5) years.

Article 10 – Warranty

10.1. Acumen shall provide access to Creyten in a professional manner, using all reasonable skill and care. Notwithstanding the foregoing, Acumen does not warrant that, given the current state of technique, the use of the Solution will be uninterrupted, nor that the Solution and Documentation will meet the Customer's requirements, be compatible or work with any other goods, services or technologies which are not included in the Documentation or be free of harmful code or error free.

10.2. THE EXPRESS WARRANTIES DESCRIBED OR REFERENCED IN THIS ARTICLE 10 ARE THE ONLY WARRANTIES MADE BY ACUMEN WITH RESPECT TO THE SOLUTION OR SERVICES, AND ARE IN LIEU OF, AND ACUMEN HEREBY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INFORMATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT ACUMEN KNOWS OR HAS REASON TO KNOW OF SUCH PURPOSE).

Article 11- Fees and payment

11.1. The Customer shall pay Acumen the then-applicable fees described in the Order Form (the "Fees"). The Fees are exclusive of VAT and/or other taxes and (local) charges. All prices are in EUR and payable in EUR. Acumen will issue invoices for the Fees in advance, either on a monthly basis or an annual basis unless other billing arrangements are specified in the Order Form.

11.2. Acumen reserves the right to charge additional fees in the event that the number of End Users is exceeded, unless Acumen has given its prior written consent or as set out in an Order Form.

11.3. Acumen will have the right to adjust the Fees on an annual basis .The indexation will be based on the following formula:

New Fee = Current Fee x (0,2 +0,8 x (ADI at adjustment date / ADI at start of the Initial Term or the previous adjustment date, as applicable))

ADI = Agoria Digital Index

The adjustment of Fees based on the general price indexation will take effect upon the renewal of the then-current Initial Term or Renewal Term.

For the avoidance of doubt:

  • Any decrease of the ADI shall not result in a reduction of the fees; and
  • If the ADI ceases to be published or is materially modified, Acumen shall be entitled to apply an equivalent replacement index that reasonably reflects the cost evolution in the Belgian digital technology sector.

11.4. Acumen may, at its reasonable discretion, increase the agreed Fees once per year upon renewal of the then-current Initial or Renewal Term. Acumen shall notify the Customer of the increase in writing thirty (30) days before the date on which the increase takes effect. If the Customer does not consent to the Fees increase, it may, within fifteen (15) days from receipt of the notification, terminate the subscription at the point the increased Fees are set to take effect. Should the Customer not exercise this right to terminate, it will be deemed as acceptance of the fee increase and the updated Fees shall apply for the Renewal Terms.

11.5. Invoices issued by Acumen (or via a subcontractor) are due and payable within thirty (30) days from the invoice date (unless otherwise specified on the applicable Order Form).

11.6. Any amounts unpaid by the Customer by the due date mentioned in the invoice shall bear interest in accordance with the law of 8 August 2002 on combating late payments in commercial transactions. Disputed amounts will only be raised in good faith and the Customer will notify Acumen of such as soon as reasonably practicable and at least within thirty (30) days after receipt of an invoice. The Customer shall pay all reasonable costs of collections, including attorneys' and collection agencies' fees.

11.7. Acumen is authorized to suspend the provision of Creyten without prior warning in the event of late payment.

Article 12 – Data protection

If and to the extent Acumen has access to personal data, i.e., information related to an identified or identifiable individual, of the Customer within the scope of the provision of Creyten, the Parties shall conclude a corresponding DPA prior to the start of the processing and attached the signed DPA to this Agreement.

Article 13 – Terms and termination

13.1. For Customers, this Agreement enters into force on Effective Date and shall remain in effect until the end of the Subscription Term. The "Initial Term" will start on the date Acumen has received the initial payment of the Customer for the use of and will have the duration as indicated in the Order Form. At the end of the Initial Term, the subscription will automatically renew and keep renewing for subsequent periods of the same length (being successive one (1)-month or one (1)-year periods; each a "Renewal Term"), unless either Party provides notice of termination: (i) before the end of the then-current Initial Term or Renewal Term for monthly subscriptions; (ii) or no later than sixty (60) calendar days before the end of the then-current Initial Term or Renewal Term for yearly subscriptions.

13.2. Acumen and the Customer may terminate this Agreement by written notice to the other Party if the other Party materially breaches this Agreement and fails to rectify such breach within thirty (30) calendar days from receipt of a default notice.

13.3. Acumen and the Customer may terminate this Agreement by written notice to the other Party, effective as of the date of delivery of such notice, if the other Party becomes the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding, or otherwise liquidates or ceases to do business.

13.4. Upon termination of this Agreement for any reason (i) the Customer will promptly pay Acumen all Fees and other amounts due to Acumen under this Agreement, up to and including the date of termination, (ii) all user rights granted to the Customer under this Agreement, including the rights to use Creyten as per Article 2, will automatically terminate. Termination of this Agreement on any grounds shall not prejudice any right or remedy that has accrued before the actual termination.

13.5. With regard to Users, by creating an account, accessing, or using Creyten in any manner, the User agrees to be bound by these General Terms. The General Terms remain in force and binding upon the User for as long as the User maintains an account or otherwise makes use of Creyten.

Article 14 – Miscellaneous

14.1. Force Majeure - Neither Party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay finds its cause in a case of force majeure, including without limitation acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or labor problems, computer, internet, or telecommunications failures, delays or network intrusions, or denial of service attacks, or any other cause or causes, whether of like or different nature, beyond the reasonable control of such party as long as such cause or causes exist.

14.2. Publicity – Acumen reserves the right to list the User or Customer among its references, unless the Customer expressly requests otherwise. The Customer authorizes Acumen to use its name in the reference publications published on Acumen's social media and to put its logo on Acumen's website but also during trade shows or any other event having for object the presentation or the promotion of Acumen's products and services and any other media contributing to this same object.

14.3. No Waiver – A Party's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by that Party in writing.

14.4. Notices – All notices, requests, consents, demands and other communications hereunder shall be in writing, addressed to the receiving Party's address of the recipient set out in the Order Form or otherwise notified by the relevant party in accordance with this Agreement. Acumen may provide such notices, requests, consents, demands and other communications to the Customer's email address indicated in the Order Form, or to any other email address used by Customer to communicate with Acumen.

14.5. Severability – If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

14.6. Survival – The provisions of this Agreement that are expressly or by implication intended to survive termination will survive any expiration or termination of this Agreement.

14.7. Assignment – Neither Party may assign any of its rights or obligations under this Agreement without the other Party's prior written consent, which will not be unreasonably withheld, provided that the Provider may transfer or assign this Agreement to any successor in interest in the event of a sale or merger, such transfer or assignment to be effective upon written notice to the Customer.

14.8. Applicable Law and Jurisdiction – This Agreement and all Customer's orders will be subject to Belgian law. Any dispute arising out of or in connection with this Agreement or any Customer's order will be subject to the exclusive jurisdiction of the courts of Leuven, Belgium.