Terms and Conditions Briljant.nl

2. Applicability

2.1 These terms apply to all offers, Accounts and agreements of Briljant.nl.

2.2 Terms and conditions of the Customer are expressly rejected, unless Briljant.nl accepts them In Writing.

2.3 The Service is intended exclusively for business customers. By creating an Account, the Customer represents and warrants that they act in the course of a profession or business and are not a consumer. Briljant.nl may request business details, including KVK number (Dutch Chamber of Commerce) and VAT number, and may suspend access or terminate the agreement if the Customer does not provide these details or if Briljant.nl reasonably suspects that the Customer is not acting in a business capacity.

2.4 In the event of conflict between the content on the Website, communications from Briljant.nl and these terms, these terms prevail.

2.5 If Briljant.nl declares additional product terms, policies or annexes applicable, such as a data processing agreement, these form an integral part of the agreement. In the event of conflict, the following order of precedence applies: (1) the data processing agreement for privacy matters, (2) any specific arrangements made In Writing, (3) these terms.

3. Formation and term

3.1 The agreement is formed at the moment the Customer creates an Account or activates a Subscription and Briljant.nl (i) confirms this or (ii) actually makes the Service available. Briljant.nl may refuse an application or activation without stating reasons.

3.2 Subscriptions continue until cancelled and are invoiced in advance per Billing Period.

3.3 Cancellation is possible subject to the notice periods below. Cancellation does not entitle the Customer to a refund of amounts already paid.

3.4 Monthly subscription: cancellation with a notice period of one (1) month. This means that after a valid cancellation, one (1) full Billing Period will always still be charged. The Subscription ends at the end of that additional Billing Period.

3.5 Annual subscription: the annual subscription is automatically renewed for a period of one (1) year, unless the Customer cancels no later than thirty (30) days before the end of the current annual period. If the Customer cancels within thirty (30) days before the end of the annual period, the subscription is renewed by one (1) year and ends at the end of the renewed annual period. The new year is charged and is non-refundable.

3.6 A cancellation has only been processed once it is visible in the Account or the Stripe Customer Portal, or once Briljant.nl confirms it In Writing.

3.7 Valid cancellation method: cancellation takes place in principle via the Account or the Stripe Customer Portal. If the Customer cannot reasonably cancel through these channels, cancellation is possible In Writing by email via the support address stated in the Account or on the Website, stating the account email address and identifying details.

3.8 Briljant.nl may offer a free trial period or free plan. The conditions, duration and scope are stated on the Website or in the Account. Briljant.nl may modify or terminate a trial period or free plan at any time and restrict access until a paid Subscription has been activated.

4. The Service

4.1 Briljant.nl provides a software as a service offering that supports the Customer in monitoring online visibility and in generating and managing structured data, including JSON-LD, based on data supplied by the Customer. The Service is provided on a best-efforts basis and on an "as is, where is" basis.

4.2 Briljant.nl gives no guarantees and accepts no obligation of result regarding findability, ranking, display in search results, rich results, AI answers, conversion or revenue.

4.3 The Customer acknowledges that the operation, findability, ranking and display of data in search engines and AI systems depend entirely on algorithms, interpretations and policies of third parties. Briljant.nl has no influence over these external systems and accepts no liability for them.

4.4 Briljant.nl makes reasonable efforts to align the output with common standards and guidelines, including Schema.org and search engine documentation. Briljant.nl cannot guarantee ongoing technical accuracy, validity or acceptance by third parties, in part due to changes in external standards, tooling and algorithms.

4.5 The Customer is responsible for the content, verification and factual accuracy of all data in the Account and for checking the output before it is applied. Briljant.nl is not liable for errors arising from information entered by the Customer or from the way third parties interpret the output.

4.6 Briljant.nl strives for high availability but offers no guarantees regarding uptime or uninterrupted or error-free operation.

4.7 Briljant.nl may change, expand or remove (parts of) the Service, functionalities, integrations, measurement methods, dashboards and Output, and is not obliged to maintain specific functionalities, compatibility or results.

4.8 Briljant.nl may apply usage limits, including fair use and rate limits, per Account, per Subscription or per functionality. If limits are exceeded, Briljant.nl may restrict usage, charge additional costs or temporarily suspend the Account.

4.9 Measurement data, analyses and advice are indicative and may be incomplete, delayed or dependent on Third Parties. Briljant.nl gives no guarantees regarding their completeness, accuracy or timeliness.

4.10 Briljant.nl may perform maintenance and temporarily interrupt the Service, including without prior announcement in urgent cases.

4.11 Briljant.nl may use Third Parties for the performance of the Service and change them at its own discretion. Briljant.nl is not liable for failures, restrictions or changes at Third Parties.

4.12 Brand names of Third Parties are used solely for identification purposes. Briljant.nl is not affiliated with or endorsed by these Third Parties, unless agreed In Writing.

4.13 The Customer is responsible for keeping login credentials secure and for all actions in or through the Account. Briljant.nl may assume that actions performed with correct login credentials are performed by or on behalf of the Customer.

5. Prices and payments

5.1 All prices are in euros and exclusive of VAT, unless stated otherwise.

5.2 Briljant.nl invoices in advance per Billing Period. Payment is processed via Stripe. By starting a Subscription, the Customer authorizes (recurring) direct debit and the digital provision of invoices.

5.3 If a payment cannot be collected or is not made on time, the Customer is in default without further notice of default being required. Briljant.nl may then suspend the Service, restrict functionalities and make all outstanding amounts immediately due and payable.

5.4 In the event of default, the Customer owes the statutory commercial interest as well as extrajudicial collection costs of 15% of the outstanding principal, with a minimum of EUR 250, without prejudice to Briljant.nl's right to full compensation.

5.5 Discounts and promotions apply only for the agreed period and do not confer any right to future discounts.

6. Limitation of liability

6.1 The total liability of Briljant.nl is, to the extent permitted by law, limited to 25% of the amount the Customer paid to Briljant.nl in the twelve (12) months preceding the event causing the damage, with a maximum of EUR 5,000, regardless of the number of claims or legal grounds. A series of related events counts as one event.

6.2 Briljant.nl is not liable for indirect damage, consequential damage, lost profit, missed savings, missed opportunities, reputational damage, business interruption, loss of or damage to data, or third-party claims.

6.3 Briljant.nl is not liable for damage related to or arising from: (a) incorrect or incomplete data provided by the Customer, (b) failure to check or test Output, (c) failure to follow documentation or advice, (d) failures, changes or policies of Third Parties, (e) unauthorized use of login credentials, (f) changes in algorithms, standards or validation by third parties.

6.4 The limitations do not apply to damage resulting from intent or deliberate recklessness on the part of Briljant.nl or its executives, or where mandatory law precludes a limitation.

7. Complaints and limitation periods

7.1 Complaints about the Service, invoices or any other shortcoming must be reported In Writing no later than fourteen (14) days after the invoice date or within thirty (30) days after discovery, and in any event within ninety (90) days after the complaint arose. The complaint must be sufficiently specified.

7.2 After the periods in article 7.1 have expired, any right to repair, replacement, dissolution or compensation lapses.

7.3 Any legal claim against Briljant.nl lapses twelve (12) months after the event that gave rise to the claim.

8. Exclusion of suspension and set-off

The Customer is not entitled to suspend its payment obligations or to set them off against any claim on Briljant.nl, on any ground whatsoever.

9. Dissolution and termination

9.1 The Customer may only dissolve the agreement in the event of an attributable failure by Briljant.nl that has not been remedied within thirty (30) days after a proper Written notice of default.

9.2 Briljant.nl may terminate or suspend the agreement or the Account with immediate effect, in whole or in part, if: (a) the Customer is in default, (b) the Customer breaches these terms, (c) Briljant.nl reasonably suspects that the Service is being misused or that there is a security risk, (d) continuation cannot reasonably be required due to legislation or an order from a competent authority, or (e) bankruptcy, suspension of payments, liquidation or business termination of the Customer.

9.3 Briljant.nl may also terminate the agreement with a notice period of thirty (30) days. If the termination is not the result of a circumstance referred to in article 9.2, Briljant.nl will only refund the prepaid portion of the subscription fees for the remaining full days of the current Billing Period. Other costs are not refunded.

9.4 Upon termination or dissolution, all payment obligations for Billing Periods already elapsed and in progress remain due and immediately payable. Briljant.nl may block access to the Account immediately.

10. Amendment of terms and rates

10.1 Briljant.nl may amend these terms, the Service and the rates. Briljant.nl will announce changes that are reasonably detrimental to the Customer at least thirty (30) days in advance by email or via the Account.

10.2 Changes of minor significance, changes required by laws and regulations, and changes due to adjustments by Third Parties may be implemented without prior announcement.

10.3 If the Customer does not agree to an announced change, the Customer may cancel the Subscription with effect from the date on which the change takes effect, provided the cancellation is received no later than the day before that date. If the Customer continues to use the Service after the effective date, this counts as acceptance.

11. Warranty limitation

Briljant.nl grants only the warranties expressly agreed in writing. All other (implied) warranties, including fitness for a particular purpose, are expressly excluded.

12. Suspension of service for non-payment

12.1 Briljant.nl may suspend the Service in whole or in part if the Customer does not meet its payment obligations on time or if a situation referred to in article 9.2 applies.

12.2 Suspension does not affect the Customer's payment obligations. Briljant.nl is not liable for damage resulting from suspension.

12.3 Briljant.nl may charge reasonable costs for reactivation.

13. Intellectual property and data

13.1 All intellectual property rights to the Service, software, documentation and materials developed by Briljant.nl rest with Briljant.nl or its licensors.

13.2 Briljant.nl grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Service for internal business purposes during the term of the Subscription, in accordance with the chosen Subscription.

13.3 The Customer is not permitted to copy, modify, decompile, reverse engineer, rent out, resell or otherwise make the Service available to third parties, except to the extent expressly permitted by mandatory law.

13.4 The Customer retains the rights to its own data. The Customer grants Briljant.nl a worldwide, royalty-free licence to host, copy, process, format and display this data to the extent necessary for providing, securing and improving the Service.

13.5 Briljant.nl may use aggregated and anonymized usage data and statistics for analysis, benchmarking, product development and marketing, provided this data cannot be traced back to the Customer.

13.6 After termination, customer data remains available for a maximum of thirty (30) days via the export options in the Account, after which the data is permanently deleted, unless statutory retention obligations provide otherwise. Briljant.nl is not obliged to provide manual export or migration. Additional export or support can be provided at the then applicable hourly rate.

13.7 After deletion, data may temporarily continue to exist within backups and archives in accordance with Briljant.nl's policy. Briljant.nl is not obliged to restore backups, unless agreed In Writing.

13.8 The Customer may use the Output for its own business purposes. Briljant.nl retains all rights to the underlying method, templates and software.

14. Indemnification

14.1 The Customer indemnifies Briljant.nl against all third-party claims related to the data, content and material entered or supplied by the Customer, or the use thereof within the Service or by Briljant.nl, including claims regarding unlawful content, misleading information, infringement of intellectual property or violation of third-party rights.

14.2 The Customer will provide Briljant.nl with all cooperation reasonably required for handling a claim, including providing information and taking measures to limit damage.

14.3 Briljant.nl is entitled to conduct, or have conducted, the defence and any settlement. The Customer will not make any admissions or reach settlements without Briljant.nl's prior Written consent.

14.4 The indemnification covers all costs, damage and expenses, including reasonable legal fees.

15. Applicable law

These terms and the agreement are governed by Dutch law.

Disputes will be submitted exclusively to the competent court of the district where Briljant.nl has its registered office.

16. Contact

16.1 Support is provided exclusively by email via the support address stated in the Account or on the Website.

16.2 Legal notices, notices of default and cancellations by email must be sent to the support address with the subject "juridisch" (legal) or to legal@briljant.nl. Briljant.nl may change contact addresses by publishing this in the Account or on the Website.

17. Reference use, name and logo

17.1 The Customer grants Briljant.nl a worldwide, royalty-free, non-exclusive, transferable, irrevocable licence, sublicensable for marketing and sales, to use the Customer's trade name, logo and a short description of the collaboration as a reference, including on the Briljant.nl website, in presentations, proposals, pitch decks, advertisements, press communications and on social media. This licence applies for the duration of the agreement and indefinitely thereafter.

17.2 Briljant.nl may technically edit the name and logo for size, resolution and display, provided recognizability is maintained.

17.3 The Customer warrants that it is authorized to grant this licence and that use in accordance with this article does not infringe third-party rights, including trademark rights and copyrights. The Customer indemnifies Briljant.nl against all third-party claims, costs and damage arising from or related to the use of the name and logo in accordance with this article.

17.4 Reference use does not imply approval or endorsement by the Customer.

17.5 Requests for removal or restriction will only be considered if the Customer demonstrates that continued use is unlawful, for example through a court order. In that case Briljant.nl will cease or adjust the use within a reasonable period, with the exception of materials already printed or campaigns already planned that cannot reasonably be adjusted.

17.6 At Briljant.nl's request, the Customer will supply the logo in a common file format.

18. Communication

18.1 Briljant.nl may send the Customer messages by email, via the Account and via other channels provided by the Customer, insofar as this is necessary for the performance of the agreement, security, billing or legally required notifications.

18.2 The Customer is responsible for correct and up-to-date contact details in the Account. Messages are deemed received at the moment of sending by Briljant.nl or placement in the Account.

18.3 Briljant.nl may inform the Customer by email about the Service, including service notifications, updates, maintenance and new functionalities, as well as tips and educational content.

18.4 Briljant.nl may send commercial messages about its own products and services related to the Service. Unsubscribing is possible at any time via the unsubscribe link in the relevant email.

18.5 Certain emails are essential for the operation of the Account and cannot be disabled, including security notifications, payment and billing messages, legal notices and critical service interruptions.

19. Use of the Service

19.1 The Customer uses the Service exclusively for lawful business purposes and in accordance with these terms and the chosen Subscription.

19.2 It is prohibited to: (a) infringe third-party rights, (b) post unlawful, misleading or harmful content, (c) attempt to hack, disrupt or circumvent the Service, (d) upload malware, (e) scrape or extract data without authorization outside the functionalities offered by Briljant.nl, (f) use the Service to build or train a competing service, (g) share accounts beyond what the Subscription permits.

19.3 Briljant.nl may take measures in the event of (suspected) misuse, including throttling, restriction, suspension or termination, without liability.

20. Force majeure

20.1 Briljant.nl is not obliged to perform any obligation if it is prevented from doing so as a result of force majeure, including failures of internet or telecom, power outages, DDoS attacks, failures at Third Parties, government measures, fire, strikes and other circumstances beyond its reasonable control.

20.2 If the force majeure lasts longer than sixty (60) days, Briljant.nl may terminate the agreement without any obligation to pay compensation.

21. Transfer and outsourcing

21.1 Briljant.nl may transfer its rights and obligations under the agreement to a third party, for example in the context of a restructuring or sale of the business.

21.2 The Customer may not transfer rights or obligations without Briljant.nl's prior Written consent.

21.3 Briljant.nl may use third parties in the performance of the agreement and remains responsible for directing them.

22. Penalty

22.1 In the event of a breach of article 13.3 or 19.2, the Customer forfeits to Briljant.nl an immediately payable penalty of EUR 5,000 per breach and EUR 500 per day the breach continues, without prejudice to Briljant.nl's right to claim full compensation.