General Terms and Conditions

Article 1 - Applicability and Acceptance

1.These General Terms and Conditions apply to all offers, services, and agreements of WBSO-aanvraag.com (hereinafter: "Service Provider"). Deviations from these terms are only valid if they have been confirmed in writing by the Service Provider.

2.By using the services of WBSO-aanvraag.com or by submitting an application, the Customer declares that they have read and agree to these General Terms and Conditions. By means of an electronic checkbox on the platform, the Customer expressly provides their consent before the service is purchased.

3.The Customer guarantees that they are acting in the exercise of a profession or business and not as a consumer. Any general (purchase) terms and conditions of the Customer are hereby expressly rejected.

4.For each application, the Customer shall choose the method of service delivery in advance: (a) the Standard Service, whereby the Customer pays in advance via the platform; or (b) the No Cure No Pay Service, whereby the Customer and Service Provider sign a separate written or digital contract ("Contract") in advance, in which the specific terms and conditions of that service delivery are established.

Article 2 - Limitation of Liability

1.To the extent permitted by law, the Service Provider excludes all liability for damages arising out of or in connection with the use of the service and the generated documents. This means, among other things, that the Service Provider is not liable for indirect damages, including but not limited to lost profits, lost savings, loss of data, loss of goodwill, or any other consequential damages.

2.If, notwithstanding the above, the Service Provider's liability is established, such liability shall be limited to a maximum of the amount paid by the Customer for the service in question (the relevant WBSO application). In no event shall the total liability of the Service Provider exceed the amount paid for the application.

3.The Service Provider shall under no circumstances be liable for damages resulting from the rejection of the WBSO application by the RVO (Netherlands Enterprise Agency) or other government authorities. The decision regarding the granting of the subsidy rests entirely with the RVO and falls outside the influence and responsibility of the Service Provider.

4.The limitations of liability included in this article do not apply in cases of intent or deliberate recklessness on the part of the Service Provider or its management.

These limitations apply to both the Standard Service and the No Cure No Pay Service.

Article 3 - Disclaimer of Warranties

1.The Service Provider provides no warranty of any kind regarding the service or the generated WBSO application. The service is provided on an "as is" basis, without any express or implied warranties regarding accuracy, completeness, reliability, or fitness for a particular purpose.

2.The Service Provider shall make every effort to generate a high-quality completion of the WBSO application (best-efforts obligation), but makes no commitment that the use of the service will yield any specific result or benefit.

3.Any and all conditions, warranties, or other terms not expressly stated in these General Terms and Conditions are excluded to the fullest extent permitted by law.

4.The Customer is solely responsible for verifying the accuracy and completeness of the generated document before using or submitting it.

Article 4 - Intellectual Property

1.All intellectual property rights in the software, AI models, databases, manuals, templates, and other materials used or provided by the Service Provider are vested exclusively in the Service Provider or its licensors.

2.During the term of the agreement, the Customer is granted a limited, non-exclusive, non-transferable, and non-sublicensable right of use to the provided tool and software, solely for the intended purpose.

3.All data, texts, and information entered into the tool by the Customer, as well as the generated WBSO application documents, remain the property of the Customer. The Customer grants the Service Provider a limited right to use this data for the purpose of providing the service.

4.The Customer is not permitted to copy, modify, decompile, or reverse-engineer the software or AI tool, except to the extent permitted by law.

Article 5 - Usage Rights for the Tool and Final Document

1.The Customer is granted access to the online tool of WBSO-aanvraag.com to generate a WBSO application document per individual application after payment of the applicable fee. In the case of the Standard Service, access is granted upon receipt of payment via the platform. In the case of the No Cure No Pay Service, access is granted after the corresponding contract between the Customer and the Service Provider has been signed. This right of access is personal to the Customer/organization and may only be used internally within the Customer's organization.

2.The generated final document may be freely used and modified by the Customer for its intended purpose, namely submission to the RVO for the purpose of a WBSO subsidy application.

3.The Customer understands that the final document is a generically generated piece of text based on information provided by the Customer. The Customer is responsible for the further completion, verification, and submission of this document.

4.The Service Provider reserves the right to temporarily or permanently suspend access, or to terminate the agreement with immediate effect, in the event of misuse of the tool by the Customer.

Article 6 - Price and Payment

1.For the services of WBSO-aanvraag.com, the Customer may choose between two service variants: the Standard Service, where payment is made in advance via the platform; or the No Cure No Pay Service, where the fee is dependent on the actual granting of the WBSO subsidy.

2.Standard Service: A fixed price applies per individual WBSO application. Payment must be made prior to, or at the latest upon, submitting the application via the platform.

3.No Cure No Pay Service: a. Prior to the commencement of the services, a separate written or digital contract ("Contract") shall be concluded between the Customer and the Service Provider, establishing the terms, authorization, and success fee. b. By signing the Contract, the Customer authorizes the Service Provider to submit the WBSO application to the RVO on its behalf and to perform all necessary actions. c. If the application is rejected in its entirety, the Customer shall owe no fee ("No Cure"). d. If the application is granted in whole or in part ("Cure"), the Customer shall owe the success fee agreed upon in the Contract. e. This success fee will be invoiced immediately after the issuance of the grant decision (beschikking) by the RVO and pertains to the full subsidy year to which the application relates. f. The payment term for this invoice is 14 days, unless otherwise agreed in the Contract. g. If the application is withdrawn due to the actions of the Customer, or if insufficient cooperation is provided, the Service Provider may still charge the agreed success fee in whole or in part.

4.All prices and fees are exclusive of VAT (BTW). No money-back guarantee applies, unless otherwise agreed in the Contract.

Article 7 - No Guarantee of Results or Approval

1.The Service Provider provides no guarantee whatsoever that a WBSO application generated using the service will result in a positive decision by the RVO.

2.The use of the service and the generated application is entirely at the Customer's own risk.

3.Insofar as the Service Provider offers tips, instructions, or automated checks during the process, these are for support purposes only and do not constitute a guarantee of approval.

This provision applies to both the Standard Service and the No Cure No Pay Service.

Article 8 - Authorization and Representation

1.If the Customer uses the No Cure No Pay Service, the Customer authorizes WBSO-aanvraag.com to submit the WBSO application to the Netherlands Enterprise Agency (RVO) on their behalf and to perform all necessary actions related to the application, assessment, and communication regarding the same.

2.The Customer undertakes to provide all necessary data, documents, and cooperation in a timely manner, so that the Service Provider can submit the application correctly.

3.The Service Provider is not liable for any delays, rejections, or errors resulting from incorrect, incomplete, or late information provided by the Customer.

Article 9 - Governing Law and Jurisdiction

1.These General Terms and Conditions and the agreement between the Service Provider and the Customer are governed exclusively by Dutch law.

2.Any disputes shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam.

3.If any provision of these General Terms and Conditions is found to be void or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall agree upon a replacement provision.

Article 10 - Project Administration

1.The Customer is obliged to maintain project records in accordance with the requirements and guidelines of the WBSO Manual 2025 of the Netherlands Enterprise Agency (RVO) and applicable laws and regulations. The records must contain all information prescribed by the RVO, such as time tracking, descriptions of R&D (S&O) activities, technical documentation, and test reports, including dates and the names of the responsible employees.

2.The Service Provider provides an online portal through which the Customer can maintain and manage the time tracking and other required project documentation. The Customer may choose to use this functionality or maintain its own records, provided they meet the requirements of the RVO.

3.Within the portal, the Customer may, if available, use AI-supported features for automated time tracking and administrative support. These functionalities are for support purposes only; the Customer remains responsible at all times for the verification, accuracy, and completeness of the recorded data.

4.The Customer shall ensure that the project records are at all times complete, transparent, and verifiable, so that they can be presented to the RVO upon request during an audit.

5.The Customer remains responsible at all times for complying with statutory retention periods and for the accuracy, completeness, and availability of the project records.