Last updated: August 2026
Hi! Thank you very much for choosing ResultX as your sustainability partner. These General Terms and Conditions govern your use of ResultX's Services and help to define the contractual relationship between you and ResultX. By providing you with these General Terms and Conditions, we aim to communicate transparently and to provide proactive answers to any questions you may have regarding the Services, the Fees, the Subscription Term, etc. By using our Services, you agree to the most recent version of these General Terms and Conditions. We kindly request you to read these General Terms and Conditions carefully and to take them into account each time you use our Services.
I. DEFINITIONS & APPLICABILITY
1. Definitions
Subscription: the right of use granted by ResultX to the Customer for the setup of, access to and use of the Platform;
Subscription Term: the term of the Subscription;
General Terms and Conditions: these General Terms and Conditions;
Consultancy: the (software) consultancy services provided by ResultX in the context of the Customer's sustainability projects, the initial configuration of the Platform and the setting up of the connection between the Customer's technical infrastructure and the Platform;
Credit: the right of the Customer or its Authorised Users to upload one page of a Document to the Platform;
Data: the collection of data available in the Platform which have been extracted from Documents uploaded to the Platform;
Services: all services provided by ResultX in connection with the Platform, the Consultancy of the Platform, data analysis, reporting, dashboarding and all other services offered by ResultX;
Document Provider Account: the account through which a Document Provider may upload Documents for the purpose of supplementing Data in the Platform;
Document Provider: any Customer, supplier, service provider or other third party that supplies valuable and/or supplementary Documents which may be added to the Platform;
Documents: all documents uploaded to the Platform and processed by the Platform;
Authorised User: any natural person who is entitled to obtain access to and make use of the Platform, under the conditions of the specific Access Rights granted by the Main User, and/or who may upload Documents to the Platform as a Document Provider on behalf of the Customer;
Main User: the user account that owns the Customer Environment and is authorised to determine the Access Rights of each Authorised User;
Customer: any legal entity that makes use of ResultX's Services;
Customer Environment: the dedicated workspaces and team environment within the Platform to which the Customer and its Authorised Users may obtain access;
Agreement: the entirety of the provisions applicable to the Services between the Customer and ResultX, including but not limited to (i) the Framework Agreement, (ii) the data processing agreement, if applicable, and (iii) the applicable Product-Specific Terms, if applicable, and (iv) these General Terms and Conditions;
Force Majeure: all circumstances that were reasonably unforeseeable at the time of the conclusion of the Agreement, that are unavoidable and that have the effect that (i) a party is unable to perform its obligations under the Agreement, or (ii) the performance of the Agreement is considerably aggravated (financially or otherwise). This includes, among other things and without being limited thereto: abnormal price increases, natural disasters, war, (threat of) terrorism, strikes, lockdowns, epidemics, pandemics, staff shortages, internal organisational circumstances, seizures, fire, scarcity of (raw) materials, bankruptcies or delays on the part of suppliers or subcontractors;
Platform: the platform developed by ResultX, for which the Customer may take out a Subscription;
Privacy Legislation: the (supra)national privacy legislation applicable to the processing of personal data by ResultX or by the Customer in the context of the performance of the Agreement, including (but not limited to) (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”), (ii) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (the “E-Privacy Directive”), (iii) the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, as well as any future national implementation thereof;
Product-Specific Terms: the additional terms that apply to a specific module, application or a specific product of ResultX, as attached to or referred to in the Framework Agreement;
Framework Agreement: the proposal, the quotation or any other agreement or arrangement setting out the practical modalities relating to the Services between ResultX and the Customer;
ResultX (or we | us): the private limited company ResultX, incorporated under Belgian law, with registered office at 3078 Kortenberg, Everslaan 45, and registered with the Belgian Crossroads Bank for Enterprises (CBE) under number BE-1005.682.043;
Support: the assistance provided by ResultX to the Customer during the term of the Agreement, with regard to the Services, the Subscription, the Platform, etc.
Trial Period: the period during which the Customer may test ResultX' Platform and Services, prior to the commencement of the Subscription Term.;
Access Rights: the specifically defined rights of access and use per Authorised User, which may be adjusted or configured by the Main User.;
Fee: the amounts owed by the Customer, including the Subscription, Consultancy and Support Fees;
Website: www.resultx.ai, as well as any subdomains and other or future websites of ResultX;
2. Applicability of the General Terms and Conditions
2.1. Unless expressly agreed otherwise in writing, the entire legal relationship between ResultX and the Customer with regard to the provision of Services by ResultX shall be governed by, in descending hierarchical order: (i) the Framework Agreement, (ii) the data processing agreement (if applicable), (iii) the applicable Product-Specific Terms (if applicable), (iv) these General Terms and Conditions, and (v) Belgian law.
2.2. These General Terms and Conditions are specifically tailored to the use of the Services and are therefore the most appropriate to govern the relationship between ResultX and the Customer. The Customer expressly accepts that these General Terms and Conditions shall at all times prevail over its own general (purchase) terms and conditions, which are not enforceable against ResultX, even if the Customer states that its terms and conditions apply exclusively.
II. GENERAL TERMS AND CONDITIONS
3. Formation of the Agreement
3.1. ResultX determines the scope of the Services together with the Customer and subsequently provides the Customer with a quotation and a proposed scope as part of a Framework Agreement. The Customer acknowledges that the Framework Agreement may be signed electronically.
3.2. The specifications, possibilities, technical characteristics and other details regarding the Services on the Website or in a demo are only to be regarded as approximations. This information binds ResultX only to the extent expressly stated in the Agreement.
4. The Services
4.1. All obligations of ResultX with respect to the Services are best-efforts obligations. ResultX shall therefore always provide the Services with the necessary care and in good faith and serve the Customer to the best of its understanding, knowledge, insight and ability, as may reasonably be expected of a professional with experience in services of comparable scale, complexity and size (“best-efforts obligation”).
4.2. ResultX expressly disclaims any warranty that the Services will always be performed error-free and to the Customer’s satisfaction. The Customer acknowledges that it has at all times the obligation and responsibility to verify the accuracy and validity of all output generated by the Services.
4.3. The Services of ResultX are limited to what is set out in the Agreement. ResultX is entitled to rely on the information and Documents provided by the Customer without having to verify the accuracy and completeness thereof. ResultX shall use the data and information provided by the Customer in order to provide its Services, without accepting any responsibility in this respect. Furthermore, ResultX shall only process Documents that have been expressly uploaded by an Authorised User. Consequently, ResultX can never be held responsible for Documents that have not been uploaded to the Platform. The Customer is responsible for the timely delivery, accuracy and completeness of the data and information provided, and indemnifies ResultX against any claims in this respect, including third-party claims.
4.4. ResultX does not warrant that the Services are suitable for the intended use or that they connect seamlessly to the activities or business operations of the Customer, unless that purpose has been expressly agreed in writing in the Agreement.
4.5. The Services are always limited to the duration and scope as specified in the Agreement. If ResultX establishes that the intended purpose of the Services cannot be achieved, before the start of or during the performance of the Agreement, it shall notify the Customer thereof as soon as possible. In such a case, efforts shall be made to consult and, where appropriate, to adjust the scope of the Agreement. In the event of no agreement or of impossibility to adjust the scope, the Agreement shall be terminated with immediate effect. Upon termination, the Customer is always obliged to pay ResultX for the Services rendered and the costs incurred up to that time.
4.6. The Customer acknowledges that it is prohibited to upload or to provide to ResultX information or Documents that:
- contain inaccurate, false or fraudulent information or that may affect the reporting and give an incorrect picture of the data or performance of the Customer;
- infringe (intellectual property) rights of third parties;
- are contrary to the present Agreement;
- are contrary to applicable legislation; or,
- are otherwise deemed inappropriate.
4.7. ResultX continuously strives to improve the performance of the Platform and the Services it offers to its Customers. Therefore, the Customer expressly grants ResultX the right to use the uploaded Documents and analysed Data in anonymised form for the further development and improvement and training of the Services and Platform provided by ResultX.
5. Consultancy
5.1. ResultX shall at all times perform the Agreement and the Consultancy with the necessary diligence, appropriate care and in good faith, and perform these with understanding, professional skill, insight and ability, as may reasonably be expected of a professional with experience of comparable scale, complexity and size. All obligations of ResultX with respect to the Consultancy are to be regarded as best-efforts obligations.
5.2. The Customer shall provide ResultX with (i) all necessary cooperation with respect to the Consultancy; and (ii) all necessary access to information that ResultX may require in order to deliver the Consultancy. Under no circumstances can ResultX be held responsible for any delay of the Consultancy caused by the Customer not having provided the information and/or Documents in a timely manner.
6. The Platform
6.1. The Platform
6.1.1. The Platform is provided to the Customer “AS-IS” (in its current state). The Customer confirms that it does not base its reliance on the Platform on the development of future functionalities, features or data connections.
6.1.2. ResultX shall use its efforts to the best of its ability to maintain the availability of the Platform, but does not guarantee uninterrupted availability. In the event of problems with the availability of the Platform, ResultX shall use its efforts to the best of its ability to resolve such problems as soon as reasonably possible, without providing any guarantees. In any event and where appropriate, ResultX is free to determine what is considered an adequate solution.
6.1.3. ResultX does not warrant that the Platform will operate entirely error-free and will automatically be compatible with all types or new versions of internet browsers, operating systems, mobile operating systems or other software. The Customer acknowledges that every operating system and every version of an operating system or browser has specific peculiarities, as a result of which it is likely that the Customer Environment cannot be consulted, or only incompletely, on an operating system or browser version the compatibility of which is not provided for in the Agreement.
6.1.4. ResultX reserves the right, at its sole discretion, from time to time, to implement material or non-material changes and/or updates to the functionality of the Platform without the prior approval of the Customer, provided that such changes do not materially detract from the functionalities existing at the time of signing of the Agreement. ResultX shall notify the Customer of material changes by e-mail or by means of a notification in the Platform.
6.1.5. The Customer acknowledges that the Platform contains open-source software developed by third persons.
6.2. Use of the Platform
6.2.1. The Customer is entitled to create a Main Account and other accounts for Authorised Users, under the provisions of the Framework Agreement. The Main Account allows the Access Rights of all Authorised Users to be assigned.
6.2.2. The Customer shall ensure that its Authorised Users access and use the Platform in accordance with the provisions of the Agreement. The Customer and its Authorised Users may not access the Platform in a manner intended to avoid the payment of fees.
6.2.3. The Customer and the Authorised Users shall not:
- “frame” the Platform, distribute, resell, offer access or grant access to any third party other than as permitted by the features and functionality of the Services;
- use the Platform in breach of applicable legislation;
- transmit to the Services or otherwise use on the Platform any code, hack or undisclosed feature intended to remove, disable, deactivate, disrupt or otherwise harm the Platform or to provide unauthorised access;
- use a robot, spider, data scraping or extraction tool or similar mechanism in relation to the Platform;
- provide access to the Platform to an individual who is connected to a competitor of ResultX;
- extract information from the Services in order to compete with ResultX;
- introduce onto the Platform any software containing a virus, worm, “back door”, Trojan horse or similar harmful code; or,
- permit any third party to perform any of the foregoing prohibited acts.
6.2.4. The Customer shall use its utmost efforts to prevent or terminate unauthorised access, illegal use and/or incompatible use of the Platform. If the Customer discovers such unauthorised access and/or use, the Customer shall immediately notify ResultX thereof, after which ResultX is entitled to take all necessary or useful measures to remedy such use.
6.2.5. The Customer is responsible for obtaining, maintaining and securing its network connection(s) to the Platform.
6.2.6. If the Customer notices a defect or a problem, the Customer is obliged to cease use of the Platform immediately and to make - or have made - all reasonable efforts to prevent (further) damage.
7. Trial Period
7.1. The Parties may agree to commence the Agreement with a Trial Period, the modalities and duration of which shall be set out in the Framework Agreement. During this Trial Period, the Customer is entitled to test the Platform and the Services.
7.2. Unless expressly agreed in writing by the Parties, the duration of the Trial Period shall under no circumstances form part of the Subscription Term.
7.3. During the Trial Period, ResultX may at its sole discretion organise an evaluation meeting with the Customer concerning the performance of the Platform and the Services.
7.4. Both parties have the right to terminate the Agreement in its entirety, provided that a party gives written notice at least one (1) month before the end of the Trial Period, and in any event before the Subscription Term takes effect.
7.5. If the Agreement is not terminated during the Trial Period, the Subscription Term shall commence on the first day after the end of the Trial Period.
8. Subscription
8.1. The Customer is granted a temporary, personal, limited, non-exclusive and non-transferable right of access to and use of the Platform and the Services, as described in the Framework Agreement. The Subscription is granted as from the first day of the commencement of the Subscription Term.
9. Credits
9.1. The Customer is entitled to a number of Credits which may be used during the Subscription Term, as agreed between the Parties in the Framework Agreement.
9.2. The Customer may purchase Credits in bundles, as stated on the Website/the Platform. Prices paid for one order are never binding for subsequent offers.
9.3. The Credits remain valid for the remainder of the Subscription Term in which the Credits were purchased.
9.4. The Credits are non-refundable. Therefore, the remaining Credits will not be refunded to the Customer upon expiry of the validity date or when the Customer closes its account.
10. Maintenance
10.1. If necessary for maintenance work or the implementation of updates to the Platform, ResultX may temporarily interrupt the availability of the Platform and the Services.
10.2. ResultX shall announce planned maintenance which is expected to result in unavailability of the Platform at least five (5) business days in advance by e-mail or by means of a notification in the Platform. Emergency maintenance which is necessary for the security, integrity or continuity of the Platform may be carried out at any time; ResultX shall inform the Customer thereof as soon as reasonably possible. An interruption of the services on account of maintenance work or the Consultancy of updates can never be regarded as a fault of ResultX. ResultX shall ensure that the interruption does not last longer than necessary.
11. Subscription Term
11.1. The Subscription Term has a fixed duration, which is described in the Framework Agreement. This term is automatically renewed by one year, unless one of the parties notifies the other party in writing, at the latest one (1) month before the end of the Subscription Term, that it does not wish to renew the Subscription.
11.2. The Subscription Term commences as from the moment of the formation of the Agreement. If, however, the parties have agreed a Trial Period, the Subscription Term shall commence on the first day after the end of the Trial Period, subject to the provisions of Article 7.
11.3. Early termination of the Subscription Term does not give rise to any right to a refund of any Fees.
11.4. If the Customer takes out a monthly Subscription, the Customer may terminate the Subscription at any time by written notice. The termination takes effect at the end of the current monthly invoicing period. The full monthly rate remains due for the month in which notice is given, irrespective of the date of termination. No refunds or pro rata reductions apply.
11.5. If the Customer takes out an annual Subscription, the Customer is bound by the full Subscription Term and may not terminate the Agreement early. In the event of early termination by the Customer, all outstanding Fees for the remaining annual Subscription Term remain fully due. No refunds or pro rata reductions apply.
12. Fee and Payment
12.1. Fee
12.1.1. The Fees due are agreed in the Framework Agreement between ResultX and the Customer. In no event are the Fees laid down in one Framework Agreement binding for future agreements or collaborations.
12.1.2. All Fees are, unless expressly stated otherwise, exclusive of VAT or other levies or taxes.
12.1.3. ResultX is entitled to increase the Fee agreed in the Framework Agreement annually, if necessary and justified by objective circumstances. In the event of such an increase of the Fee, ResultX shall notify the customer thereof in good time by e-mail or via the Platform.
12.1.4. ResultX is entitled to increase the Fees agreed in the Agreement upon each renewal of a Subscription. ResultX shall notify the Customer of any price increase at least two (2) months before the tacit renewal by e-mail or via the Platform.
12.1.5. ResultX is entitled to index its Fees at any time during the term of the Agreement in line with an increase in its costs, whereby the amount due is calculated on the basis of the following formula:
F = [20 % × f] + [80 % × f × (S/s)]
where:
F = the new Fee;
f = the initial Fee;
S = the new Agoria wage index; and,
s = the initial wage index.
12.2. Payment and invoicing method
12.2.1. Unless otherwise agreed, the invoices of ResultX are payable within a period of fourteen (14) days. The invoice is deemed to have been paid when the full amount stated on the invoice has been received by ResultX.
12.2.2. Invoices which are not disputed by registered letter within eight (8) days of issue are deemed to have been fully accepted. The Customer shall pay the undisputed part of the invoice in accordance with these General Terms and Conditions.
12.2.3. By concluding an Agreement and calling upon the Services of ResultX, the Customer agrees to electronic invoicing by ResultX.
12.3. Late payment
12.3.1. If the Customer does not pay an invoice in full on the due date, then:
- the Customer owes interest on the overdue amount at a rate of one per cent (1 %) per month. Such interest accrues automatically (without prior notice from ResultX) on a daily basis from the due date until the date of actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amount; and
- the Customer shall pay ResultX five per cent (5 %) of the outstanding balance, with a minimum amount of two hundred and fifty euro (250,00 EUR), for costs connected with, among other things, the collection of the amounts due and the adverse consequences for the cash flow of ResultX, as liquidated damages. The Customer confirms that this amount represents a reasonable pre-estimate of the loss of ResultX.
12.3.2. This paragraph is without prejudice to the right of ResultX to prove and claim higher damages.
12.3.3. Late, incomplete or non-payment of a due invoice has the effect that all other invoices for which a special payment term has been agreed become immediately due and payable without prior formal notice of default.
12.3.4. Partial payments shall first be deducted from the interest due, the liquidated damages and any costs, and subsequently from unpaid invoices.
12.3.5. ResultX is entitled to suspend or postpone its Services or other obligations under the Agreement if the Customer has failed to comply with a payment condition or other payment obligation.
13. Liability
13.1. ResultX
13.1.1. The liability of ResultX shall always be assessed in the light of the best-efforts obligation to which ResultX has committed itself. In the event of defective Services, the liability of ResultX is limited to the (renewed) performance of the missing or defective Services. If the (renewed) provision of the Services is not (or is no longer) possible or reasonable, the Customer is entitled to damages in lieu of the loss suffered.
13.1.2. The liability of ResultX is in all cases limited to direct damage and to the invoice value of the Services of ResultX which gave rise to the damage and/or the liability claim in the twelve (12) months preceding the date on which the liability claim arose. The Parties further agree that the provisions of Book 6 of the new Civil Code do not apply to this agreement. Any form of extra-contractual liability between the Parties, including the liability of auxiliary persons such as directors, subcontractors and employees of ResultX, is hereby excluded to the extent permitted by law. This exclusion does not apply in the event of intent or gross negligence.
13.1.3. Moreover, ResultX is never liable for:
- damage or loss suffered by the Customer or third parties as a result of incorrect, incomplete or late information and instructions from the Customer (including its Authorised Users);
- damage as a result of failures or defects in network communications, devices or infrastructure belonging to the Customer (including its Authorised Users) and used for access to the Platform;
- damage caused by further use or application of the Platform and the Services by the Customer (including its Authorised Users) after a defect has been established;
- damage caused by incorrect, inadequate, unauthorised or unlawful use of the Platform / the Services;
- damage caused by theft or loss of the password for access to the Platform through negligence of the Customer (including its Authorised Users);
- damage caused by incorrect assignment of Access Rights by the Customer;
- damage arising from failures or defects in third-party software, including software under open-source licences;
- damage caused by Force Majeure in accordance with the provisions of Article 16;
- damage as a result of the uploading or delivery of Documents in breach of Article 4.6;
- damage as a result of claims, fines, sanctions for non-compliance with reporting obligations;
- indirect and consequential damage, such as but not limited to loss of profit, loss of savings, loss of turnover, damage as a result of business interruption, damage to third parties; and,
- all other claims, damage and loss caused by circumstances or causes beyond the reasonable control of ResultX.
13.2. The Customer
13.2.1. The Customer shall indemnify ResultX against all third-party claims arising from the incorrect or unlawful use of the Platform or the Services. The Customer shall compensate all damage, such as fees or legal costs (including reasonable lawyers’ fees), on condition that ResultX has notified the Customer of such a claim as soon as reasonably possible.
14. Support
14.1. Where the Customer requires assistance or has a question relating to the Services, the Customer may contact the helpdesk of ResultX at the e-mail address hello@resultx.ai
14.2. ResultX reserves the right and is entitled to invoice the fees for Support provided to the Customer.
14.3. The Customer must provide all necessary assistance and cooperation to the helpdesk, for example by giving a detailed description of the problem and the situation in which it occurred.
14.4. The helpdesk of ResultX is available on business days from 9:00 to 17:00 (CET), Belgian public holidays excepted (“Office Hours”).
15. Term and Termination
15.1. Term
15.1.1. The Agreement is entered into for an indefinite term and may be terminated at any time by either Party subject to one (1) month's written notice.
15.1.2. The Agreement may not be terminated during the term of a Consultancy project or a Subscription Term. In the event that a party terminates the Agreement during the term of a Consultancy project or a Subscription Term, the Agreement shall be terminated when the Consultancy or the Subscription Term comes to an end.
15.2. Grounds for termination
15.2.1. Either party may terminate the Agreement by registered letter on grounds of a material breach, automatically and without a final court decision, if the other party has committed a material breach and fails to remedy that breach within fifteen (15) days of a written formal notice of default from the claiming party. The parties shall regard (amongst others) the following events as a material breach:
- repeated non-payment of invoices that are due and payable;
- failure to comply with the best-efforts obligation for the Services over an extended period;
- unauthorised or illegal use of the Platform and/or the Services; or,
- infringement of intellectual property (cf. Article 18).
15.2.2. The Agreement may be terminated if an insolvency event occurs, i.e. a party ceases to pay its debts or discontinues its activities, files for bankruptcy, liquidates the legal entity or is placed under receivership or judicial reorganisation.
15.2.3. ResultX shall never be obliged to refund any fees to the Customer if the Customer terminates the Agreement during its term without such termination being the result of a material breach by ResultX. The Customer shall remain obliged to pay all Fees laid down in the Agreement.
15.3. Consequences of termination
15.3.1. Irrespective of the reason for termination, the following consequences shall arise upon termination of the Agreement:
- ResultX shall cease providing the Services;
- ResultX shall be entitled to refuse any request by the Customer to enter into a (new) agreement relating to the Services;
- the Customer shall cease use of and return ResultX's confidential information and proprietary material;
- ResultX shall retain the Customer's confidential information and proprietary material for thirty (30) days after termination of the Agreement, after which ResultX shall irrevocably delete all of the Customer's confidential information.
15.3.2. Articles 13, 17 and 18 shall survive termination of the Agreement and shall remain in full force and effect.
15.3.3. Termination of the Agreement, for whatever reason, shall be without prejudice to the rights acquired by either party.
16. Force Majeure
16.1. In the event of Force Majeure, the party faced with the event of Force Majeure shall (i) notify the other party thereof within a period of one month from the commencement of the Force Majeure and (ii) inform the other party of the period during which the Force Majeure is expected to continue.
16.2. In the event of Force Majeure, each party shall be entitled to suspend performance of its obligations temporarily without being liable for any damage.
16.3. A situation of Force Majeure that continues for more than three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notice, without judicial intervention and without any liability.
17. Confidentiality
17.1. All information designated as confidential or which must reasonably be regarded as confidential, provided by one of the parties to the receiving party prior to entering into an Agreement as well as during the Agreement, must be treated with the utmost secrecy.
17.2. The receiving party shall:
- not use, reproduce or apply the confidential information in any manner or for any purpose other than for the cooperation;
- not engage in, nor authorise others to carry out, reverse engineering, disassembly or decompilation of the source code, structure or any other confidential information; and
- not derive any commercial advantage from the confidential information.
17.3. This obligation of confidentiality shall apply during the term of the Agreement between ResultX and the Customer and shall remain in force for a period of three (3) years after its termination for whatever reason.
17.4. The disclosing party shall at all times remain the sole owner of its own confidential information. Except as expressly provided herein, nothing in these General Terms and Conditions or in the relationship between the parties grants the receiving party any rights in or interest in the confidential information, and no implied licences are granted by these General Terms and Conditions.
17.5. In the event of a breach of the obligations in this Article, liquidated damages of five thousand euro (€ 5.000,00) per separate breach shall be payable by the defaulting party to the other party, without prejudice to the other party's right to claim full compensation for all damage caused by the breach.
18. Intellectual property
18.1. The Customer expressly acknowledges that ResultX owns and retains all intellectual property rights relating to the Services, the Platform and any related Services (including all copies, modifications, extensions and derivative works thereof), such as, but not limited to: rights attached to the (source) code, technological infrastructure, AI algorithm, other copyrights, design and model rights, know-how, domain names and database rights.
18.2. The Customer expressly acknowledges that the intellectual property rights in the output data generated by the Services of ResultX shall become the property of both ResultX and the Customer. Both parties shall independently become owners of the intellectual property rights and shall have full independent powers of exploitation with respect to the intellectual property rights in accordance with this article.
18.3. The Customer shall not use ResultX's trade name, the names of ResultX’s Services or ResultX's trademarks as part of the Customer's own name or in any other manner that could misrepresent the relationship between the Customer and ResultX. The Customer shall not alter, remove or manipulate the brands, trade marks or other means of identification on the Services.
18.4. ResultX expressly acknowledges that the Customer and the Document Providers own and retain all intellectual property rights relating to the Documents, designs, trade names/trademarks that they own and that are uploaded to the Platform by the Authorised Users, subject to the provisions of this Agreement.
18.5. The Customer expressly authorises ResultX to use the name and/or the project of the Customer as a reference for advertising purposes, for example by publication on the Website. In this connection, the Customer also authorises ResultX to use the Customer's name, brand, logo, etc.
18.6. In the event of a breach of the obligations in this Article, liquidated damages of five thousand euro (€ 5.000,00) per separate breach shall be payable by the defaulting party to the other party, without prejudice to the other party's right to claim full compensation for all damage caused by the breach.
19. Privacy
19.1. ResultX as Controller
19.1.1. The collection of personal data of the Customer takes place in accordance with the provisions of our Privacy Policy. In that case we act as Controller. The Privacy Policy contains information on the personal data collected by ResultX, as well as the manner in which we use and process such personal data for certain purposes. Our Privacy Policy can (i) be consulted when the Customer first accesses the Platform or (ii) at any time on the Website.
19.2. The Customer as Controller
19.2.1. The Customer acknowledges that, with respect to the processing of all data entered and uploaded into the Platform and/or processed in the context of the performance of the Services, it acts as Controller and ResultX as Processor. All arrangements made by the parties in this regard are governed exclusively by the data processing agreement applicable between the Customer and ResultX. The Customer expressly acknowledges that, by ordering the Services and entering into an Agreement with ResultX, it has read and accepted the applicable data processing agreement.
20. Amendments to the General Terms and Conditions
20.1. ResultX reserves the right to amend or update the General Terms and Conditions at any time. New or amended General Terms and Conditions shall apply as from the thirtieth (30th) day after they have been (implicitly) accepted by the Customer.
21. Netting
21.1. In accordance with the provisions of the Belgian Act of 15 December 2004 on Financial Collateral, ResultX and the Customer automatically set off all currently existing and future debts against each other. This means that, in the continuing relationship between ResultX and the Customer, only the largest debt remains after the aforementioned automatic set-off.
22. Miscellaneous provisions
22.1. No waiver
22.1.1. Any failure or delay by ResultX in exercising any right under an Agreement with the Customer, any single or partial exercise of any right under such an Agreement, or any partial response or absence of a response by ResultX in the event of a breach by the Customer of one or more provisions of such an Agreement, shall not constitute a waiver (whether express or tacit, in whole or in part) of ResultX's rights under that Agreement and shall not prevent the further exercise of such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right on the occasion of a specific breach by ResultX, that waiver may not be invoked by the Customer in respect of a new breach, similar to the previous one, or in respect of any other type of breach.
22.2. Notices
22.2.1. Any notice under the Agreement shall be deemed to have been properly given when sent by e-mail. It shall be deemed to have been received one (1) business day after the date of dispatch.
22.3. Severability
22.3.1. If for any reason any part or clause of the Agreement is found to be unlawful, invalid or unenforceable, that provision shall be deleted and the remaining parts or clauses shall remain unaffected and valid and enforceable as if the invalid or unenforceable parts or clauses did not form part of the Agreement.
22.3.2. Any such part or clause shall be replaced by a provision which, insofar as legally possible, most closely reflects the intention of the parties in the part or clause concerned. The parties shall negotiate in good faith and agree on a mutually acceptable provision replacing the deleted provision.
22.4. Non-assignment
22.4.1. This Agreement and the rights and obligations arising from it for the Customer may not be transferred, directly or indirectly, without the written consent of ResultX.
22.4.2. ResultX shall be entitled to transfer any Agreement and the rights and obligations arising from it to a third party. In that case, a new agreement shall be concluded between the Customer and the third party on terms (rights and obligations) identical to those in this Agreement for the remaining term.
23. Jurisdiction and governing law
23.1. Jurisdiction
All disputes arising out of or in connection with the performance of this Agreement shall fall under the exclusive jurisdiction of the courts of the district in which ResultX has its registered office.
23.2. Governing law
The Agreement, as well as any agreement between the parties, of whatever nature, shall be governed by and construed in accordance with Belgian law, to the exclusion of all conflict of laws rules.