Terms of service
These terms of service govern the use of the platform and website operated by Axxaes BV ("Decisionmaker"). By creating an account, using the service or signing an order form, the customer accepts these terms without reservation. Any deviating or additional terms apply only if expressly accepted in writing by Decisionmaker.
1. Definitions
- Service: the Decisionmaker software platform available at https://app.decisionmaker.ceo, including the related API, documentation and support.
- Customer: the natural or legal person who creates an account or enters into an agreement to use the service.
- User: any individual with valid credentials accessing the customer's workspace.
- Customer data: any data entered into or generated within the service by or on behalf of the customer.
- Subscription: the pricing plan chosen by the customer, with the associated usage limits and features.
2. Scope and changes
These terms apply to every quote, agreement and delivery between Decisionmaker and the customer. Changes to these terms are announced on the website and, for active customers, by email, at least thirty days before they take effect. Continued use of the service after that period constitutes acceptance of the updated terms.
3. Accounts and access
Access to the service requires the creation of an account. The customer is responsible for the accuracy of the registered information and for keeping credentials confidential. Any use of the service through an account is deemed to occur under the customer's responsibility. Suspected unauthorised use must be reported immediately to carl@decisionmaker.ceo.
4. Licence to use
For the duration of the subscription, Decisionmaker grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the service for the customer's own internal business purposes, within the limits of the chosen subscription.
5. Acceptable use
The following is not permitted:
- Attempting to access parts of the service, systems or data without authorisation.
- Reverse engineering, decompiling or modifying the service's software components, except where mandatory law allows otherwise.
- Use that is unlawful, infringes third-party rights, or interferes with the proper operation of the service.
- Sending unsolicited commercial communications or distributing harmful code via the service.
- Automated access (scraping, bots) outside the officially supported API.
- Reselling the service or sharing credentials of a single user account between multiple individuals.
6. Subscriptions, pricing and payment
Pricing is published on the pricing page and is exclusive of VAT unless stated otherwise. Invoicing is in advance, on a monthly or annual basis depending on the chosen subscription. Payment is due within fourteen days of the invoice date.
In case of late payment, default interest at the statutory rate for commercial transactions accrues automatically and without notice, together with a fixed indemnity of 10% of the outstanding amount, with a minimum of 50 euros. Decisionmaker may suspend access to the service while invoices remain unpaid, after prior notice.
Price changes are announced at least thirty days in advance and apply from the next renewal period. The customer may terminate the subscription on the next renewal date if the price change is not accepted.
Card and SEPA payments are processed by Mollie (EU, Netherlands); invoicing and VAT compliance run through Billit (EU, Belgium). See our privacy policy for details on how payment-related data is handled.
7. Availability and maintenance
Decisionmaker provides the service on a "commercially reasonable efforts" basis. Planned maintenance is announced in advance where reasonably possible. No specific availability target is associated with any subscription tier unless agreed in writing in a separate service-level agreement.
8. Intellectual property
All intellectual property rights in the service, including source code, design, documentation, trademarks and logos, belong to Decisionmaker or its licensors. These terms do not transfer any such rights, except for the limited licence described in section 4.
Customer data remains the property of the customer. Decisionmaker obtains only the rights necessary to deliver, troubleshoot, secure and improve the service.
9. Customer data and confidentiality
Processing of personal data is governed by the privacy policy. Each party treats the other's confidential information with reasonable care and uses it only for the performance of the agreement. This confidentiality obligation survives for three years after the end of the agreement.
10. Termination
A subscription can be terminated through the platform settings or by email to carl@decisionmaker.ceo, observing the notice period stated in the subscription. In case of material breach, either party may terminate the agreement with immediate effect, without prejudice to the right to claim damages.
After termination, the customer is offered a reasonable period of thirty days to export customer data. After that, data is deleted or anonymised, subject to statutory retention obligations.
11. Liability
Decisionmaker's liability is limited to direct damages and in no event exceeds the amount paid by the customer for the service in the twelve months preceding the event giving rise to the claim.
Decisionmaker is in no event liable for indirect damages, including but not limited to loss of profit, loss of customers, reputational damage, loss of data that the customer failed to back up, or consequential damages.
No limitation of liability applies in case of intent, gross negligence, fraud, or for personal injury where mandatory law prohibits limitation.
12. Indemnification
The customer indemnifies Decisionmaker against any third-party claims arising from (i) use of the service in breach of these terms or applicable law, (ii) the content of customer data, or (iii) infringement of third-party intellectual property rights in customer data.
13. Force majeure
Neither party is liable for failure to perform an obligation when such failure results from a force-majeure event, including but not limited to outages at essential providers (hosting, authentication, email), network disruptions, denial-of-service attacks, natural disasters, war, pandemic or governmental measures.
14. Governing law and jurisdiction
These terms and any agreement between the customer and Decisionmaker are governed exclusively by Belgian law. Disputes are preferably resolved through dialogue. Failing an amicable settlement, the courts of Antwerp, division Turnhout have exclusive jurisdiction.
15. Miscellaneous
- Entire agreement. These terms, together with the order form or quote, constitute the entire agreement between the parties.
- Severability. If any provision is invalid or unenforceable, the remaining provisions remain in force, and the invalid provision is replaced by a valid provision reflecting the parties' original intent as closely as possible.
- Assignment. The customer may not assign rights or obligations without the prior written consent of Decisionmaker.
- Notices. Notices to Decisionmaker are validly given via carl@decisionmaker.ceo.