Terms & Conditions
Last updated: 17-08-2026
1. Introduction and scope
Applyfin B.V., a private limited liability company under Dutch law, having its registered office in Utrecht and its place of business at Wittevrouwenstraat 38B, 3512 CV Utrecht, the Netherlands, registered in the trade register of the Chamber of Commerce under number 92570968 (hereinafter: Applyfin), is a combined Recruitment Process Outsourcing (RPO) and ATS service provider. Applyfin operates a multi-tenant SaaS Applicant Tracking System with which employers manage their recruitment and selection process, and in addition carries out, in whole or in part, recruitment and selection activities on behalf of its clients.
These general terms and conditions apply to:
The Applyfin Platform and all functionality included therein, including searches, shortlisting, vacancy distribution and talent pools;
The career pages that Applyfin hosts on behalf of its clients on the (sub)domains linked by them;
The managed delivery (RPO) and all add-ons purchased by the Client;
All quotations, offers and agreements relating thereto.
Applyfin uses three interrelated documents:
These general terms and conditions govern the commercial and usage arrangements between the Client and Applyfin: packages, rates, term, use of the Platform, liability and termination.
The Data Processing Agreement governs the processing of personal data that Applyfin carries out on behalf of the Client, as referred to in Article 28 GDPR. It is an Annex to these terms and conditions and is concluded at the same time.
The Privacy and Information Security Policy explains to applicants, candidates and visitors how Applyfin handles their data, and further sets out the security measures and the AI governance.
Where the protection of personal data is concerned, the Data Processing Agreement prevails over these terms and conditions. For all other matters, the order of precedence set out in Article 4 applies.
These terms and conditions apply to business clients. Applyfin does not contract with consumers.
2. Definitions
2.1 In these terms and conditions, the following terms have the following meanings:
Applyfin: Applyfin B.V., the private limited liability company described in Article 1.
Balance: the credit prepaid by the Client within the Company, from which all consumption-based services are paid.
Annexes: the Data Processing Agreement, the Privacy and Information Security Policy and, where applicable, the Quotation and the SLA.
Company: the corporate environment that the Client creates and manages within the Platform, and in which its data, users and vacancies are held.
Consent functionality: the functionality available within the Platform with which the consent of data subjects is requested, recorded, managed and withdrawn, as further set out in Article 6.6.
Credit: the unit of account in which sourcing consumption is debited from the Balance.
Data Supplier: the specialised external service provider that Applyfin queries on the Client’s instructions in the course of a search or screening, and which acts as a sub-processor under the Data Processing Agreement.
User: a natural person to whom the Client grants access to the Company.
Job Slot: one unique, active vacancy within the Platform, as further set out in Article 8.
Client: the business or legal entity for which a Company is created or with which Applyfin otherwise enters into an Agreement.
Quotation: the offer issued by Applyfin and accepted by the Client, however designated, in which additional or deviating arrangements are recorded. A Quotation is not required for the use of the Platform.
Agreement: these terms and conditions together with the Annexes that apply to the Client.
Package: the form of service selected by the Client, including self-serve (ATS), managed delivery (RPO) and the hybrid variant.
Parties: Applyfin and the Client jointly.
Platform: the web application for recruitment and selection made available by Applyfin, including the associated integrations, automations and AI functionality.
Pricing Page: the page on Applyfin’s website on which the current Packages, functionality and rates are stated.
Privacy and Information Security Policy: the policy published by Applyfin setting out how Applyfin handles personal data and which technical and organisational security measures it takes, and which forms part of the Agreement as an Annex.
SLA: the optional Annex in which guaranteed availability, response times and compensation are recorded.
Data Processing Agreement: the Annex that constitutes the data processing agreement within the meaning of Article 28(3) GDPR.
2.2 Terms used in the singular have the same meaning in the plural, and vice versa.
3. Formation and applicability
3.1 The Agreement is concluded at the moment a Company is created and these terms and conditions are accepted in that context, or at the moment the Client accepts a Quotation.
3.2 The person creating the Company declares that they are authorised to bind the Client. The Platform is intended exclusively for use in the exercise of a profession or business and not for consumers.
3.3 Applyfin makes these terms and conditions and the Data Processing Agreement available electronically prior to acceptance, in a manner that allows the Client to store them and consult them at a later date (Article 6:234 Dutch Civil Code). The current versions are available via the website and within the Company.
3.4 Applyfin records the version number, the time and the accepting User for every acceptance.
3.5 These terms and conditions apply to all offers, agreements and deliveries of services by or on behalf of Applyfin, and to any use of the Platform.
3.6 The applicability of the Client’s purchasing conditions or other general terms and conditions is expressly rejected. A reference by the Client to its own terms and conditions is expressly not accepted by Applyfin, including where these terms and conditions do not exclude the Client’s own terms and conditions (Article 6:225(3) Dutch Civil Code).
3.7 Deviations from these terms and conditions apply only if the Parties have agreed them in writing. A deviation applies exclusively to the case for which it has been agreed.
4. The Agreement and the annexes
4.1 The Annexes form an integral part of the Agreement.
4.2 In the event of conflict, the following order of precedence applies, unless the Quotation expressly provides otherwise and without prejudice to Article 4.3:
the Quotation, if concluded;
the SLA, if purchased;
the Data Processing Agreement;
these terms and conditions;
the Privacy and Information Security Policy.
4.3 The Data Processing Agreement forms an integral part of the Agreement and prevails over all other documents, including the Quotation and the SLA, exclusively insofar as the protection of personal data is concerned.
4.4 The SLA is optional. The guarantees and compensation set out therein apply exclusively if the Client has purchased the SLA as evidenced by the Quotation.
4.5 In the absence of a Quotation, these terms and conditions, the Data Processing Agreement and the Privacy and Information Security Policy apply, together with the Pricing Page in force at that time.
5. Company, users and access
5.1 The Client manages its own Company and determines which Users are granted access and with which rights. Acts of Users are attributed to the Client.
5.2 The Client keeps login credentials confidential, does not share accounts between individuals and reports suspected misuse to Applyfin without delay.
5.3 For as long as no valid payment mandate has been authorised within the Company, the Client cannot publish vacancies or use consumption-based functions.
5.4 The Client uses the Platform and the API within reasonable usage limits and does not deploy them for purposes that conflict with the Agreement or with laws and regulations.
5.5 Applyfin may terminate a Company in which no use has taken place during twelve consecutive months and in which no Balance remains. Applyfin gives written notice of this at least thirty days in advance. Article 28 applies.
6. The Platform and the Packages
6.1 Applyfin makes the Platform available in accordance with the Package selected by the Client. A current overview of the functionality per Package is set out on the Pricing Page. If a Quotation has been concluded, that Quotation is decisive as to what the Client has purchased.
6.2 Applyfin continues to develop the Platform. Changes do not materially reduce the agreed functional level.
6.3 Under a Package with managed delivery, Applyfin performs recruitment activities for the Client. The decision on hiring a candidate lies exclusively with the Client.
6.4 Applyfin performs the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Applyfin may engage third parties in doing so; the Data Processing Agreement applies to sub-processors.
6.5 The Client makes available in good time the information and access that Applyfin reasonably requires and warrants the accuracy thereof. If performance is delayed as a result, the additional costs arising therefrom are for the Client’s account.
6.6 Consent functionality. The Platform includes Consent functionality as standard. This forms part of the Platform regardless of whether the Client purchases onboarding as referred to in Article 15. Applyfin delivers the Consent functionality configured and operational and bears responsibility for it as set out in Article 4.7 of the Data Processing Agreement. The Client is responsible for correctly configuring and maintaining it within its Company.
7. Subscription, billing cycle and invoicing
7.1 A subscription and billing cycle amount to one calendar month. Invoicing takes place monthly in arrears, on the basis of actual usage in the preceding cycle.
7.2 The billing cycle starts after successful authorisation of the payment mandate via the payment service provider engaged by Applyfin.
7.3 The monthly invoice is generated no later than during the next processing run following the end of the cycle and covers exclusively:
the use of Job Slots per type during the completed cycle (Article 8);
the costs of add-ons purchased during that cycle (Article 9).
7.4 The top-up of the Balance (Article 10) and any onboarding fee (Article 15) do not form part of the monthly invoice and are processed or invoiced separately.
7.5 Upon cancellation, the Client retains access to the Platform until the end of the current cycle. The invoice for that final cycle is subsequently processed as normal. The payment mandate remains valid until the final invoice has been paid.
8. Job Slots
8.1 A Job Slot is equivalent to one unique, active vacancy: a vacancy that has been given the status ‘published’ within the Platform and has therefore been online.
8.2 Each separate, unique published vacancy counts as one Job Slot. Two different vacancies that follow one another in time count as two separate Job Slots, regardless of whether they have been active simultaneously.
8.3 Per billing cycle, the number of Job Slots per type that have been active during that cycle is counted.
8.4 If the Client purchases a hybrid Package, it indicates upon publication of each vacancy whether that vacancy falls under the self-serve Package or the managed Package. The terms and conditions, included Credits and rates of the selected Package apply to that vacancy. Under an exclusive Package, all vacancies fall under that Package.
8.5 The status of each vacancy and the associated rate are visible in the Platform in advance at all times.
9. Add-ons
9.1 The Client may extend the services with add-ons. Add-ons are available in combination with any Package. The scope and rate of each add-on purchased are recorded in the Platform or in a Quotation.
9.2 Add-ons are invoiced according to their nature:
consumption-based — invoiced only where the agreed performance has actually been delivered and meets the criteria laid down in advance;
periodic — a fixed amount per billing cycle, invoiced during the active term of the add-on;
bespoke — at a rate agreed in advance, recorded in a Quotation.
9.3 Where an add-on is offered free of charge upon reaching a threshold, that extension applies for as long as the Client meets the conditions set for it.
9.4 Periodic and bespoke add-ons may be cancelled by the Client with effect from the next billing cycle, unless a different term has been agreed in the Quotation.
10. Balance and Credits
10.1 The Balance is the credit prepaid by the Client within the Company, from which all consumption-based services are paid. Top-ups are processed immediately and separately and do not form part of the monthly invoice.
10.2 The Client may top up the Balance in two ways:
manually — the Client tops up the Balance on its own initiative via the Platform;
automatically — the Client sets the Balance to be topped up automatically as soon as it falls below a minimum configured by the Client.
10.3 The Balance is debited as follows:
one-off promotion — the full amount is debited at the moment the Client confirms the promotion order;
ongoing promotion with a fixed budget — the amount is debited during the term in proportion to actual consumption;
sourcing — Credits are debited at the moment the relevant action is carried out.
10.4 Paid publications and campaigns are debited at the cost price of the channel concerned. The value of a Credit and the costs per action are set out on the Pricing Page and are visible in the Platform.
10.5 If the Balance is insufficient, consumption-based functions are blocked until a top-up takes place and ongoing promotions are paused. Applyfin is not liable for the consequences of an insufficient Balance, unless there is an attributable failure on its part as referred to in Article 24.1.
10.6 Upon termination of the Agreement, any remaining Balance is refunded in accordance with Article 28. Any minimum threshold is set out on the Pricing Page or in the Quotation.
11. Switching Packages
11.1 The Client may switch between the available Packages at any time.
11.2 A change of Package takes effect from the next billing cycle.
12. Rates and payment
12.1 If a Quotation has been concluded, the rates recorded therein apply. In the absence thereof, the rates stated on the Pricing Page and in the Platform at the time of use apply. The applicable rate is visible to the Client before each publication, order or debit.
12.2 All amounts are exclusive of VAT and other government-imposed levies.
12.3 Invoices are paid within fourteen calendar days of the invoice date. The payment term is a strict deadline. If it is exceeded, the Client is in default by operation of law, without any notice of default being required.
12.4 From the moment of default, the Client owes the statutory commercial interest (Article 6:119a Dutch Civil Code), as well as the extrajudicial collection costs calculated in accordance with the Decree on compensation for extrajudicial collection costs.
12.5 The Client notifies objections to an invoice in writing within fourteen days of the invoice date, specifying the disputed item. An objection does not suspend the payment obligation for the undisputed part.
13. Suspension in the event of non-payment
13.1 If the Client remains in default following a written payment reminder with a term of thirty days, Applyfin may suspend access to the Platform and the services until the full outstanding amount has been paid.
13.2 Suspension is without prejudice to the Client’s payment obligation and to Applyfin’s other rights.
13.3 Suspension does not lead to deletion of the Client’s data and does not trigger the retention periods set out in Article 13 of the Data Processing Agreement.
13.4 Applyfin is not liable for damage arising from a lawful suspension.
14. Indexation
14.1 Applyfin may increase the rates annually as of 1 January in line with the Consumer Price Index (CPI) for all households, as published by Statistics Netherlands (CBS).
14.2 The increase is calculated on the basis of the percentage change in the CPI over the period December to December of the preceding calendar year.
14.3 Applyfin informs the Client in writing no later than 31 December of the new rates taking effect as of 1 January. The first increase may take place on 1 January of the calendar year following the conclusion of the Agreement.
14.4 An indexation in accordance with this Article does not count as a change within the meaning of Article 29 and does not give rise to a right of cancellation.
15. Onboarding
15.1 Onboarding is optional. If the Client purchases it, Applyfin provides a one-off onboarding process by which the Platform is live and ready for use within fourteen days. The content of the process is set out on the Pricing Page and is confirmed in the Quotation. Not purchasing onboarding is without prejudice to Article 6.6.
15.2 Fixed price. The agreed onboarding fee is a fixed fee, regardless of the complexity of the implementation. No additional costs are charged.
15.3 Satisfaction guarantee. If the Client has not received any quality applicants within fourteen days of going live, or if the Platform does not function as desired, Applyfin refunds the full onboarding fee. The Client does not have to give reasons. The Client invokes this guarantee in writing within that period of fourteen days.
15.4 The satisfaction guarantee relates exclusively to the onboarding fee. Fees already due for Job Slots, add-ons and consumption from the Balance remain payable.
16. Availability of the Platform
16.1 Applyfin uses its best efforts to keep the Platform continuously available and in doing so aims for availability of at least 99.5% per calendar month. This is a best-efforts obligation.
16.2 Real-time status and history are available on Applyfin’s status page.
16.3 The following do not count as unavailability:
planned maintenance — at most once per calendar month, on Sunday between 22:00 and 02:00 (Europe/Amsterdam), for a maximum of four hours, announced at least forty-eight hours in advance via the status page;
upstream failures — unavailability at suppliers outside Applyfin’s reasonable control, including hosting, network, payment service providers and job boards;
force majeure and other causes outside Applyfin’s reasonable control (Article 19);
causes attributable to the Client — acts or omissions of the Client, its own integrations or third parties engaged by it.
16.4 This Article does not give the Client any right to compensation, discount or refund. Guaranteed availability, guaranteed response times and the associated compensation scheme apply exclusively if the Client has purchased the SLA (Article 4.4).
17. Support
17.1 Availability. Monday to Friday from 9:00 to 18:00 (Europe/Amsterdam), excluding Dutch public holidays.
17.2 Channels. Telephone, WhatsApp, email and, on request, video calls. In addition, an AI chatbot and an e-learning environment are available outside office hours.
17.3 First response time. A maximum of two hours during support hours.
17.4 Critical failures. Response time of one hour, including outside office hours. A critical failure means a failure as a result of which the Platform is entirely unusable, or as a result of which no vacancies can be published or applications received.
17.5 The times referred to in this Article are response times and not resolution times. Exceeding them does not give rise to any right to compensation, unless the Client has purchased the SLA.
18. Warranties relating to the Platform
18.1 Future-proof. All future functionality within the Package purchased is included at no additional cost, as are adjustments to workflows and procedures. This does not apply to consumption-based services from the Balance (Article 10) or to separately priced add-ons (Article 9).
18.2 Open platform. The Client has full API access to its own data, within reasonable usage limits. No costs or additional conditions are attached to export or termination, all of the foregoing subject to the licence restriction in Article 18.4.
18.3 Ownership of data. The Client is and remains the owner of all data that it enters or has entered into the Platform, and of all data created within its Company. This also includes the identifying data of shortlisted candidates, the contact details added through enrichment, and all status, process and correspondence data.
18.4 Licence restriction on Data Supplier fields. Applyfin obtains part of the candidate data under licence from the Data Supplier. The following fields are subject to a licence restriction that does not permit disclosure to third parties: employment history, education history, headline, summary text, skills and labour market signals. These fields are available within the Platform for the use for which the Client requested them, but are not exported and fall outside the return referred to in Article 28. Applyfin informs the Client at the outset of the scope of this exclusion and notifies changes therein in accordance with the sub-processor procedure in Article 9.2 of the Data Processing Agreement.
18.5 Data subjects’ rights remain unaffected. The restriction in Article 18.4 is based exclusively on the Data Supplier’s licence conditions and not on a ground under the GDPR. If a candidate requests access to or portability of their own personal data (Articles 15 and 20 GDPR), Applyfin also provides these fields. For the rest, Article 21 and the Data Processing Agreement apply.
19. Force majeure
19.1 In addition to Article 6:75 Dutch Civil Code, force majeure includes any circumstance outside Applyfin’s reasonable control, including failures or outages at hosting, network or payment service providers and job boards, cyberattacks, failure of telecommunications or electricity, government measures and strikes at suppliers.
19.2 During a force majeure situation, Applyfin’s obligations are suspended. Applyfin informs the Client as soon as possible of the nature and expected duration.
19.3 If the force majeure situation lasts at least thirty calendar days, either Party may dissolve the Agreement in whole or in part in writing.
19.4 In a force majeure situation, Applyfin does not owe any compensation. Performance already delivered is settled pro rata. This Article is without prejudice to Applyfin’s obligations under the Data Processing Agreement and under Article 32 GDPR.
20. Confidentiality
20.1 The Parties treat all information they receive from one another as confidential and do not disclose it to third parties without prior consent. Applyfin treats the data and materials within the Client’s Company as confidential.
20.2 The Parties take reasonable technical and organisational measures to safeguard confidentiality. For personal data, these measures are further set out in the Data Processing Agreement and the Privacy and Information Security Policy.
20.3 The duty of confidentiality does not apply to information that:
was already public or has become public without breach of this obligation;
has been independently developed by the receiving Party without use of the confidential information;
must be disclosed on the basis of a statutory obligation or an order of a competent authority. The Party concerned informs the other Party of this in advance, insofar as that is permitted.
20.4 The duty of confidentiality applies during the term of the Agreement and for three years thereafter. This limitation in time does not apply to personal data; Article 7.4 of the Data Processing Agreement applies to those.
20.5 The return and deletion of data and materials upon termination are governed by Article 28 and by the Data Processing Agreement.
21. Personal data
21.1 Applyfin structures its services in accordance with the applicable data protection laws and regulations, including the GDPR.
21.2 The Data Processing Agreement constitutes the data processing agreement within the meaning of Article 28(3) GDPR and is accepted by the Client upon creation of the Company, or upon acceptance of the Quotation. It contains the division of roles between the Parties, the power to give instructions, the security measures, the arrangements for sub-processors, assistance, transfers, retention, return, deletion and audits.
21.3 In the event of conflict, the Data Processing Agreement prevails over the other documents, exclusively insofar as the protection of personal data is concerned.
21.4 Applyfin’s Privacy and Information Security Policy serves as a further elaboration of the Data Processing Agreement and is available on Applyfin’s website.
22. Artificial intelligence
22.1 The AI systems deployed within the Platform qualify as high-risk within the meaning of Annex III, point 4, of the EU AI Act (Regulation (EU) 2024/1689). Applyfin is the provider. The Client is the deployer as soon as it deploys the AI functionality, and is made aware of its obligations as a deployer upon activation.
22.2 AI outputs serve exclusively to support the recruiter. Every decision about a candidate requires human assessment. AI outputs can be inspected, overruled and switched off per User or job type (Article 14 AI Act).
22.3 The Client is not permitted to deploy the Platform for applications prohibited under the AI Act, including emotion recognition, social scoring and the inference of special categories of personal data from biometrics (Article 5 AI Act).
22.4 The use of AI is logged and is available to the Client. Transparency towards candidates, logging and data governance are further described in the Privacy and Information Security Policy.
23. Intellectual property
23.1 The Client retains ownership of and control over its own data and over all content, advertisements and other materials that are developed for the Client and deployed in the Client’s name in the context of the Agreement.
23.2 Applyfin grants the Client, for the duration of the Agreement, a non-exclusive, non-transferable right to use the Platform within the Package purchased. The Client does not acquire any ownership rights or further licence to Applyfin’s software, technical infrastructure or systems, without prejudice to the usage rights, API access and data export granted to the Client elsewhere in the Agreement.
23.3 Upon termination of the Agreement, the rights and licences granted lapse, without prejudice to Article 28.
23.4 Applyfin may use aggregated data that is not traceable to a natural person or to the Client for statistical purposes and for the improvement of its services, insofar as this is compatible with the Data Processing Agreement. This data is anonymised within the meaning of recital 26 GDPR.
24. Liability
24.1 Each Party is liable for damage, fines and claims arising from an attributable failure on its part. On Applyfin’s side, this includes in any event inadequate security, unlawful processing, a failure in the onboarding, platform configuration, Consent functionality, AI applications, workflows or support that it provides, the acts referred to in Article 4.8 of the Data Processing Agreement, and breach of its processor obligations (Article 28 GDPR). On the Client’s side, this includes in any event entering unlawfully obtained data, switching off or incorrectly configuring the Consent functionality, own integrations that undermine compliance with the GDPR, and granting unauthorised access. Neither Party is liable for a failure on the part of the other.
24.2 Insofar as performance is not permanently impossible, Applyfin’s liability arises only after the Client has given Applyfin written notice of default and a reasonable period for remedy. This requirement does not apply to liability for a data breach or a breach of the GDPR.
24.3 The total liability of each Party towards the other under or in connection with the Agreement is limited to €20,000 per calendar year. This limitation does not apply to:
damage resulting from intent or wilful recklessness;
the obligation to pay the fees due;
liability for a data breach or breach of the GDPR, for which a separate cap of €100,000 per calendar year applies.
24.4 Neither Party is liable towards the other for indirect damage, including consequential damage, lost profits, missed savings, damage due to business interruption and reputational damage. This exclusion does not apply in the event of intent or wilful recklessness. The separate cap for a data breach or a breach of the GDPR in Article 24.3 relates exclusively to the extent of liability and does not extend the types of damage for which liability exists.
24.5 This Article applies to the liability and the indemnity under the Data Processing Agreement, in accordance with Article 15.4 thereof.
25. Indemnification
25.1 The Client indemnifies Applyfin against all claims, damage, liabilities and costs, including reasonable legal fees, arising from:
materials supplied by the Client that infringe third-party rights;
breach of applicable laws and regulations by the Client;
unlawful use of the services by the Client.
25.2 Applyfin indemnifies the Client against all claims, damage, liabilities and costs, including reasonable legal fees, arising from:
infringement by Applyfin of third-party intellectual property rights;
breach of applicable laws and regulations by Applyfin;
negligence or wilful misconduct by Applyfin.
25.3 Indemnification is subject to the condition that the indemnified Party:
informs the other Party in writing of the claim without delay;
gives the other Party control of the defence and any settlement;
provides all reasonable cooperation in the defence or settlement.
25.4 The indemnified Party may participate in the defence at its own expense. The indemnifying Party does not enter into any settlement that imposes an obligation on the indemnified Party or that involves an admission of liability, without that Party’s prior written consent.
25.5 The limitations in Articles 24.3 and 24.4 apply to the indemnification.
25.6 For claims relating to the processing of personal data, the indemnification arrangement in Article 15.3 of the Data Processing Agreement applies. That arrangement prevails over Articles 25.3 and 25.4.
26. Term and cancellation
26.1 The Agreement is entered into for a minimum of one month, unless a longer minimum term has been agreed in the Quotation.
26.2 After the minimum term, the Client may cancel in two ways:
in writing with a notice period of one week. The Agreement ends at the end of the current billing cycle, or at the end of the following cycle if cancellation takes place within one week before the end of the current cycle;
by withdrawing the payment mandate in the Platform. The Agreement then ends at the end of the current billing cycle. Because invoicing takes place in arrears, one final settlement for the usage in the last cycle will still follow.
26.3 Applyfin may cancel the Agreement with a notice period of one calendar month, with effect from the end of a billing cycle.
26.4 Access to the Platform remains active until the termination date.
26.5 Amounts already due are not refunded. Any remaining Balance is refunded in accordance with Article 28.
26.6 The Client’s right of cancellation under Article 9.3 of the Data Processing Agreement, in connection with an objection to a sub-processor, is without prejudice to this Article.
27. Restriction and termination in the event of misconduct
27.1 Applyfin may restrict, suspend or terminate access to its services, without refund of amounts already due, if the Client:
breaches the agreed guidelines or terms and conditions;
displays disruptive behaviour or structurally hinders the cooperation;
obstructs the performance of work or the participation of other clients.
27.2 Applyfin warns the Client in writing in advance and gives a reasonable period to remedy the situation, unless the nature or seriousness of the breach does not allow this.
27.3 A restriction or suspension under this Article does not lead to deletion of the Client’s data and does not trigger the retention periods set out in Article 13 of the Data Processing Agreement.
27.4 In the event of termination under this Article, Articles 28 and 31 apply in full.
28. Exit and data portability
28.1 The Client may export its data itself via the Platform and the API during the term of the Agreement.
28.2 Upon termination of the Agreement, for whatever reason, Applyfin will, within seven working days of the termination date:
withdraw access to the corporate content within the Company;
pause ongoing advertising campaigns or, if the Client so wishes, transfer them to the Client;
refund any remaining Balance to the Client’s bank account.
28.3 Copy of the data. Up to thirty days after the termination date, the Client may request a copy of the data within its Company, in one of the available formats (.csv, .xlsx, .sql). Applyfin provides this copy within seven working days of receipt of the request and charges no costs for it. The fields referred to in Article 18.4 do not form part of this copy.
28.4 Client’s choice and deletion. The Client determines whether Applyfin erases the personal data it has processed on the Client’s behalf after the end of the Agreement or returns it to the Client. If the Client does not make that choice within the period set out in Article 28.3, Applyfin erases the data. After the expiry of that period, Applyfin deletes the Company and the personal data processed therein, including existing copies. Copies in back-ups are deleted upon expiry of the regular back-up retention period and, until that moment, are accessible exclusively for recovery following an incident. Insofar as a statutory retention obligation requires this, Applyfin retains the data concerned in pseudonymised form and exclusively for the purpose for which that retention obligation has been imposed, all of the foregoing in accordance with Article 13 of the Data Processing Agreement.
29. Changes to these terms and conditions and to the rates
29.1 Applyfin may change these terms and conditions and the rates stated on the Pricing Page. Applyfin announces a change in writing or electronically, with a reasonable period of at least thirty days before the date of entry into force.
29.2 If a change materially worsens the Client’s position, the Client may cancel the Agreement in writing with effect from the date of entry into force. The Client does so within thirty days of the announcement. A rate increase that goes beyond the indexation set out in Article 14 counts in any event as a material worsening. If the Client does not cancel in good time, the amended version applies from the date of entry into force.
29.3 Publications, orders and debits from the Balance that have already been confirmed are not affected by a rate change.
29.4 Changes that are necessary on the basis of mandatory law or an order of a competent authority may take effect with a shorter period. In that case, no right of cancellation under Article 29.2 applies.
29.5 If rates have been recorded in a Quotation, those rates remain unchanged during the term thereof, subject to the indexation set out in Article 14.
29.6 Changes or additions to a Quotation are valid only if they have been agreed in writing and confirmed by both Parties.
29.7 This Article applies mutatis mutandis to changes to the Data Processing Agreement, with due observance of Article 16.2 thereof.
30. Transfer of rights and obligations
30.1 The Client may not transfer rights or obligations under the Agreement to a third party without Applyfin’s prior written consent. This provision has effect under property law as referred to in Article 3:83(2) Dutch Civil Code.
30.2 Applyfin may transfer its rights and obligations under the Agreement in the context of a merger, acquisition or reorganisation of its business. Applyfin informs the Client of this in advance.
30.3 Applyfin may engage third parties in the performance of the Agreement. The arrangements in the Data Processing Agreement apply to sub-processors.
31. Survival
31.1 The following provisions remain in force after the end of the Agreement: Article 18 (warranties, ownership of data and licence restriction), Article 20 (confidentiality), Article 21 (personal data), Article 22 (artificial intelligence), Article 23 (intellectual property), Article 24 (liability), Article 25 (indemnification), Article 28 (exit and data portability), this Article 31 and Article 32 (governing law and disputes).
31.2 In addition, provisions that by their nature are intended to continue after termination remain in force, including the obligation to pay fees already due.
31.3 The survival of the Data Processing Agreement is governed by Article 16.3 thereof.
32. Governing law and disputes
32.1 The Agreement is governed exclusively by Dutch law.
32.2 The Parties will use their best efforts to resolve disputes arising from or connected with the Agreement by mutual consultation in the first instance.
32.3 If the Parties do not reach a solution within thirty days, the dispute is submitted to the District Court of Midden-Nederland, Utrecht location, which has exclusive jurisdiction, unless the law mandatorily designates another court.
32.4 Article 32.2 does not prevent either Party from applying for interim relief or taking protective measures.
33. Final provisions
33.1 If a provision of these terms and conditions is null and void or voidable, the remaining provisions remain in full force. The Parties replace the provision concerned with a valid provision that corresponds as closely as possible to the purpose and intent of the original provision.
33.2 These terms and conditions have been drawn up in Dutch. In the event of a translation, the Dutch text prevails.
33.3 This version replaces all earlier versions of Applyfin’s general terms and conditions.