Customer terms
Last update: 21 August 2024
These Customer Terms are part of the agreement between your organisation (“the Customer”, “you”, “your”) and us (Trusted Family).
Please read those terms carefully before you start using our Services.
The current version of the Terms can be viewed on our website, by clicking on Customer Terms.
1. Information about Us and how to contact Us
Trusted Family is the trade name and trademark of the Belgian company Younited S.A., registered at Rue du Commerce 31, 1000 Brussels (Belgium), with the Belgian Register of Legal Entities under number 0890.971.229.
You can contact us at [email protected].
2. Your role as the Customer
You have concluded an agreement with us that provides details about your rights and obligations regarding the use Trusted Family software (the “Software”), including its technical specifications and price. These Customer Terms are part of our global agreement with you.
As the Customer, you decide which individuals will have access to the Software and Services. These individuals, called Users, will conclude a separate agreement with us, the “User Terms,” which sets out their particular rights and obligations. The User Terms are also part of our agreement with you and can be found here.
You should ensure that the Users are aware of the User Terms and comply with them at all times. You agree to manage and use our Software and Services in accordance with these Customer Terms and all applicable laws and regulations. You ensure that the Users and any other person authorized by you to access and use our Software and Services will respect these Customer Terms, accept the User Terms if applicable, and comply with all relevant laws and regulations.
3. Use of our Software and Services
We will set up and provide you with access to our Software and Services, as described in our main agreement. You will receive secure and restricted access to our platform to manage and use the Software and Services and appoint Users.
We grant you and the Users a non-exclusive, worldwide right to use our Software and Services during the term of our agreement with you. We have no obligation to develop customized modules or adapt the Software to specific needs unless otherwise agreed in writing.
We undertake to perform the Services diligently, on a timely basis, using qualified personnel and the best industry standards and practices.
4. Fees
In consideration for the use of our Software and Services, you shall pay the fees set forth in our agreement. We will invoice our fees within twenty (20) business days following the start of your access to our Software and Services and fourteen (14) days before renewal.
You will pay each invoice within thirty (30) days following its receipt by transfer to the bank account nominated in the invoice. Fees will be adjusted annually to the Belgian Consumer Price Index. If you do not agree with the adjustment in our renewal invoice, you may terminate the agreement before the renewal date.
Important changes to our Software may lead to a price increase, which we will inform you about at least six (6) weeks before implementation. If you do not agree with the changes, you may terminate the agreement before the implementation or continue using the current version at its regular price until it is no longer supported.
Additional Services may be charged and invoiced separately, per each service offer we propose to you.
Amounts not received by the due date will incur interest at a rate of 10% per year and compensation for collection costs, with a minimum of €250. We may suspend the use of our Software and Services until full payment, including interest and costs, is received.
5. Intellectual property
We shall always own all intellectual property rights and interests in the Software and Services, including logos, trademarks, trade names, pictures, designs, texts, video or audio files, databases, computer programs, directories, or files necessary for their use (the “Protected Materials”).
We have the sole right to prosecute and maintain registrations of intellectual property rights in the Protected Materials and to defend any infringement claims.
We grant you and the Users a license to use the Protected Materials strictly necessary for using the Software and Services under our agreements. You shall not permit any third party, other than Users, to use the licensed Protected Materials, nor use them for or on behalf of any third party unless agreed in writing.
The license to use the Protected Materials is valid for the duration of our agreement with you and will terminate upon expiration or termination.
You agree to immediately notify us and minimize any prejudice if you become aware of unauthorized use of all or part of the Protected Materials by any person.
6. Data protection
We will use any personal data you provide to perform our agreement. Further details on processing personal data are set out in our Privacy Policy.
When processing personal data under these Terms, we will act either as a processor on your behalf under our data processing agreement or as a controller.
Trusted Family acting as a Controller
We may process personal data as the controller in the European Union in order to administer, track and fulfil orders for a Service; implement the Services; manage and protect the security and resilience of our systems, network and our Services; manage, track and resolve incidents with our Services; administer access to online portals relating to the Services; manage these Customer Terms (including, without limitation, invoicing the fees) and resolve any disputes relating to these Customer Terms; respond to general queries relating to our Services or Software; run customer and marketing communications and events; and comply with applicable law.
Where both parties act as controllers, they will not act as joint controllers.
Trusted Family acting as a Processor
If we process personal data in connection with the Services, we will do so as a processor on your behalf as a controller, and such processing will be governed by our Data Processing Agreement.
Private Vault
Among the services offered, Private Vault enables Users to use a private and highly confidential space. Customers recognize and accept that once this feature is activated, it will be accessible to all their Users and cannot be reversed. Customers will have no control, rights, or actions over the documents and information placed in Private Vaults, including but not limited to personal data. The Customers independently decide whether to activate the Private Vault feature and offer it to their Users. In such cases, Trusted Family will act as a Data Processor in accordance with the Data Processing Agreement.
7. Confidentiality
The parties acknowledge that they will have to disclose confidential information to each other during the performance of their agreement.
Each party undertakes that it shall not at any time, during and after termination of this agreement, disclose, whether orally or in writing, information that is designated as confidential or proprietary, or that reasonably should be understood to be confidential or proprietary given the nature of the information and the circumstances of disclosures, including but not limited to business and marketing plans, technology and technical information, product plans and designs, business processes, customers, clients or suppliers of the other party, know-how, designs, trade secrets (“Confidential Information”), except as permitted in the clause below.
Confidential Information does not include any information which is (i) rightfully known to the receiving party prior to its disclosure; (ii) is independently developed by the receiving Party without use of or reliance on confidential information.
Each party may disclose the other party's Confidential Information to its employees, contractors or subcontractors, who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under this agreement. Each party shall ensure that its employees, contractors or subcontractors, to whom it discloses the other party's Confidential Information comply with this section.
Each party may also disclose the other party's Confidential Information to, as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
No party shall use any other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.
8. Ownership of the data
You will own all the data that you and the Users will generate or store with the help of our Software or Services. You allow us to process those data to the extent required for the performance of our agreement with you and the Users, which includes updating our Software and Services, solving security issues or improving the security of our Software and Services.
In no event shall any provision of these Customer Terms create an obligation for us in relation to the content or the use of the data. You are solely and entirely liable, in every possible respect, notably towards all competent authorities and third parties, and shall support all consequences vis-à-vis these authorities, for the content of your data.
To protect your data, including data of the Users, we maintain administrative, physical and technical safeguards that are standard in the industry. We will at all times prevent any unauthorised access or use of your data and User data by third parties. Before sharing data with third-parties, we will make sure that such third parties apply the same safeguards and that they will treat the data in strict confidence and only use them for the performance their agreement with us.
9. Warranties and liabilities
The Software and Services are provided 'as is,' without warranties of any kind. You agree the Software and Services may not always be uninterrupted, timely, secure, or error-free.
In no event will our aggregate liability arising out of a breach of our agreement by us or of breach of the rights of third-parties or of any applicable law or regulation, exceed the total fees paid by you in the year preceding the event that gives rise to our liability, or, if that limitation would not be valid, to the amount for which we have obtained an insurance policy as set out in the section 11 of these Terms. We encourage you to conclude an insurance policy if you believe that our limitation of liability is exposing you to severe risks in case of an incident.
In no event will we be liable for any lost profits or for indirect or incidental damages caused in contractual or extra-contractual faults, including for loss of data, which you should avoid by make back-up copies of all your and the User’s data.
You shall indemnify us and hold us harmless for and against any claim and costs (including reasonable attorneys’ fees) which we may suffer or incur, and which arise, directly or indirectly, from the use of our Software and Services by you or the Users, in breach of our agreement with you or the Users or of any applicable law or regulation.
10. Term and termination
These Terms take effect upon your access to our Software and Services. Termination of our agreement with you also terminates agreements with Users.
Our agreement is for one year and renews tacitly unless terminated in writing at least four (4) weeks before renewal.
We are entitled to terminate the agreement with you in case you are in breach of an any of your obligations under our agreement and such breach has not been cured within fifteen (15) days after we have notified you in writing of such breach (provided that there shall be no obligation to notify if such breach is incapable of being cured).
We are also entitled to terminate our agreement with immediate effect in case of:
- the use of our Software or Services for illegal and/or criminal activities by you or the Users;
- the insolvency or bankruptcy of your undertaking or the initiation of any proceedings of insolvency, bankruptcy, court-supervised debt rescheduling or moratorium or analogous proceedings;
- force majeure, which lasts for more than thirty (30) business days.
Upon termination of our agreement for any reason whatsoever, any amounts accrued, due and payable between the Parties shall be paid forthwith.
In the event of termination of our agreement, you may request an electronic support with a copy of your data within sixty (60) days after the date of termination. Upon receipt of such request, we will provide you with an electronic support containing your data within a delay of four (4) weeks. A fee of €500 will be charged to you to cover the cost of exporting and sending the data.
11. Insurance
We maintain general commercial liability and property damage insurance with a combined bodily injury and property damage limit of €2,500,000 per incident, covering bodily injury, death, property damage, network security, and privacy liability. Certificates of insurance can be download here.
12. Final provisions
We may change the Customer Terms at any time, informing you at least 14 days before changes take effect. Continued use of our Software and Services indicates agreement to amended Terms.
Any provision of these Terms held to be invalid or unenforceable by a court or arbitration panel of competent jurisdiction shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms. The parties shall negotiate in good faith to substitute any such invalid or unenforceable provision with a valid and enforceable provision that is consistent with the intent of the parties.
12. Governing Law and Settlement of Disputes
This Agreement is governed by Belgian law. Disputes arising from or in connection with this Agreement will be submitted to the exclusive jurisdiction of the courts of Brussels (Belgium).