Terms and Conditions
Last modified: February 2026
Article 1 – Definitions
1.1 The Present Edge B.V. ("TPE"): the private company based in Amsterdam, registered with the Chamber of Commerce under number 97346012. Where these terms refer to TPE, it also includes its successors and transferees.
1.2 Customer:
a) a natural person acting as a consumer; or
b) a natural or legal person acting in the exercise of profession or business (such as entrepreneur, corporation, or organization).
1.3 Customer Data: all data or information provided by or on behalf of the Customer that arises during the execution of the Service, such as HRV data, questionnaires, transcripts, audio recordings, chat messages, measurement data from the Sensor, and other forms of input or interaction.
1.4 Services: all programs, courses, measurements, coaching, analyses, advice, digital applications, reports, and associated materials offered by TPE in the fields of wellbeing, stress regulation, education, and personal or professional development.
1.5 Agreement: any agreement between TPE and the Customer regarding the provision of Services.
1.6 Sensor: measuring equipment temporarily loaned to the Customer as part of a Service. The Sensor remains the property of TPE and must be returned in accordance with the conditions after the end of the Service.
1.7 Summary: generated by TPE, a non-traceable work based on Customer Data and TPE’s proprietary methodological structures, without personal data, as further described in article 10.3.
1.8 Advice Document: any oral, written, or digital advice, analysis, interpretation, or report provided by TPE to the Customer, based on Customer Data and TPE’s own methodological structures and insights.
1.9 Participant: a natural person who participates in a Service at the direction of or on behalf of the Customer, without being a party to the Agreement.
Article 2 – Applicability
2.1 These General Terms and Conditions apply to all offers, Agreements, and Services of TPE.
2.2 Deviations from these terms are only valid if explicitly and in writing confirmed by TPE.
2.3 The applicability of any general terms and conditions of the Customer is expressly rejected.
Article 3 – Conclusion of the Agreement
3.1 The Agreement is established at the moment the Customer:
a. if the Customer is a consumer, confirms the order definitively and the payment is authorized or received by or on behalf of TPE; or
b. if the Customer is a business customer, accepts the written offer or confirms the order via a payment route authorized by TPE.
3.2 By confirming the order or accepting the offer, the Customer agrees to the application of these General Terms and Conditions.
3.3 TPE reserves the right to refuse registration, application, or order without providing reasons.
Article 4 – Cooling-off Period and Right of Withdrawal (Consumers)
4.1 If the Customer is a consumer, they have the right to revoke the Agreement within 14 days of conclusion without providing reasons (right of withdrawal), unless paragraph 4.3 applies.
4.2 The withdrawal must be communicated to TPE in writing or by e‑mail within the withdrawal period.
4.3 The right of withdrawal expires if:
a. the Service has already been fully performed within the cooling-off period; or
b. the Customer agrees to immediate performance of the Service with acceptance of these General Terms and Conditions.
4.4 If a Sensor has already been dispatched or other demonstrable costs have been incurred by TPE before withdrawal, the Customer must return it immediately. Returns must be received by TPE no later than 14 days after notification of withdrawal. Refunds are only processed after TPE has received the Sensor in good order. If the Sensor is not received within 14 days, the right to a refund expires to the extent concerning costs for Sensor, licenses, shipping, return, or other demonstrable costs, to the extent permitted by law. TPE is entitled to deduct these demonstrable costs from the amount to be refunded, including a reasonable administrative fee.
Article 5 – Cancellation (Business Customers)
5.1 Business Customers do not have a statutory right of withdrawal.
5.2 Cancellation by a business Customer is only possible according to the written agreed terms. In the absence thereof, a minimum notice period of 30 days before the start of the Service applies.
5.3 If TPE has already incurred costs or made preparations, TPE is entitled to charge these costs in full.
Article 6 – Prices and Payment
6.1 All quoted prices are exclusive of VAT unless expressly stated otherwise.
6.2 Payment by consumers takes place through the payment method selected on the payment page or in the order flow.
6.3 For business Customers:
a. if the Service was purchased via the standard payment page, payment is made via the selected payment method in that flow;
b. if the Service is requested via an offer or agreement, payment is made according to the agreed payment terms and methods.
6.4 If payment is not made, TPE is entitled to suspend the Service execution until full payment has been made.
Article 7 – Sensors: Usage, Return, and Penalties
7.1 If physical products such as Sensors are part of the Service, they remain at all times the property of TPE, even if the Sensor was received via a partner or supplier.
7.2 The Customer must use the Sensor carefully and only in accordance with the provided instructions.
7.3 The Customer must return the Sensor no later than 14 days after:
a. completion of the measurement; or
b. completion of the advisory conversation (if part of the Service), in the original packaging including all accessories, or in the if present return packaging, unless otherwise agreed in writing.
7.4 The return shipment must be made using the included return label or according to TPE’s return instructions.
7.5 If the Sensor is not returned in a timely manner, TPE is entitled to charge a fee of €15 per calendar day from the final return date to the date of actual return, up to a maximum of €250. This fee is payable and billable to the Customer. This fee is applied reasonably and proportionately in relation to the replacement value of the Sensor and the costs TPE actually incurs due to the late return.
7.6 If the Sensor is malfunctioning due to normal use or manufacturing fault, TPE will provide a replacement Sensor free of charge, provided the Customer reports this immediately so that TPE can assess the status.
7.7 If the Sensor is damaged due to careless or improper use, or in case of loss or theft, the Customer owes a fixed fee of €250 as compensation for loss, theft, or irreparable damage, without prejudice to TPE's right to additional compensation if the actual damage is higher.
Article 8 – Obligations Regarding Measurement
8.1 TPE advises that a measurement be performed for at least five (5) consecutive days, preferably seven (7) days, to obtain a representative dataset for analysis.
8.2 The Customer acknowledges that measurements shorter than three (3) days generally do not yield sufficient data for a qualitative analysis.
8.3 If the measurement is shorter than three days, or if the accompanying questionnaires are incompletely filled out, TPE may at its discretion consider the Service insufficiently performed without refund.
8.4 If the Customer has not performed a representative measurement within 30 days of receipt of the Sensor and scheduled an advisory appointment, TPE may terminate the Service without refund of the paid price. If the Customer is unable to complete this in time due to special circumstances, the Customer may submit a request for extension in writing or digitally. TPE may grant or deny this extension at its discretion; extension is granted only if TPE has explicitly confirmed this in writing.
8.5 The Customer acknowledges that timely scheduling of the advisory conversation, after completion of a representative measurement, is their own responsibility. The Customer must independently plan this conversation through the online planner provided by TPE or according to other written instructions from TPE. TPE recommends scheduling the conversation as soon as possible, preferably immediately after completing the measurement, so that the insights gained remain current. If desired, the conversation can also be scheduled before the measurement, provided the planned date is after the completion of the full measurement period. If the planner is temporarily unavailable due to technical malfunctions or force majeure, the Customer must contact TPE to make an appointment. TPE strives to offer sufficient scheduling options but cannot guarantee a fixed term for the date of the conversation itself.
8.6 The Customer must actively schedule the advisory conversation within 14 days after completing the measurement via the online planner or according to TPE's instructions. If the Customer fails to do so without special circumstances, the right to perform the conversation lapses, and there is no entitlement to a refund. If there are circumstances where timely scheduling was not reasonably possible, the Customer may contact TPE. In mutual consultation, an appointment can be scheduled. TPE reserves the right to determine whether a situation qualifies as a special circumstance. Ultimately, the responsibility for timely planning rests with the Customer.
Article 9 – Execution of Services
9.1 The execution of the Services as defined in article 1.4 is done through digital channels, physical sessions, or on location unless otherwise agreed.
9.2 Advisory conversations take place via a secure online video connection, unless otherwise agreed in writing.
9.3 Appointment changes must be reported at least 24 hours before the planned appointment in writing.
9.4 If an appointment is not timely canceled or if the Customer does not show up at the scheduled time (no‑show), the appointment is considered performed without refund or repayment.
9.5 To support the Service, TPE uses audio recordings of conversations. These are used solely for processing as explained in article 10.
9.6 The Advice Document is provided to the Customer at the end of the Service in digital format (such as PDF), unless otherwise agreed. This document constitutes the final product of the Service and contains the relevant insights and recommendations based on the processing of Customer Data.
Article 10 – Customer Data and Processing
10.1 TPE acquires a limited, non-exclusive license to temporarily process Customer Data only as necessary for the execution of the Service. This processing takes place within TPE's or its processors' secure infrastructure.
10.2 In the context of the execution of the Service, TPE uses audio recordings and transcripts of conversations as standard. Audio recordings are immediately deleted after transcription. Transcripts are retained for up to 1 year after completion of the Service and are used for generating Summaries and Advice Documents, unless the Customer requests earlier deletion.
10.3 The processing of Summaries is an essential part of TPE's services to arrive at its Advice Document. A Summary is a derived document consisting of: a) interpretations of the substantive input of the Customer; and b) TPE's methodological structures, formulations, and analysis forms. This combination creates a new, non-personally identifiable work on which intellectual property rests with TPE. Summaries are generally not shared with the Customer unless explicitly requested.
10.4 Fully anonymized and permanently non-identifiable data like Summaries may be retained and used for quality improvement, internal training, research, and R&D by TPE. TPE guarantees that tracing to individuals is permanently impossible both technically and legally.
10.5 The Advice Document is the final product provided to the Customer, compiled based on Summaries, Customer Data, and TPE’s methodological structures. The Customer obtains a non-exclusive, non-transferable usage license for personal or internal business use, in accordance with article 12.
10.6 Retention periods:
a) Audio recordings: deleted immediately after transcription
b) Transcripts and Customer Data: up to 1 year after completion of the Service
c) Anonymized Summaries: indefinitely, according to article 10.4
d) Advice Documents: available to the Customer for at least 1 year after completion of the Service".
10.7 If the Customer purchases a Service on behalf of one or more Participants, the Customer is responsible for informing these Participants about the processing of their personal data according to these General Terms and TPE's Privacy Statement, prior to their participation. The rights of Participants as data subjects under the GDPR remain unaffected.
10.8 TPE processes Customer Data in accordance with applicable privacy legislation (GDPR) and TPE's Privacy Statement.
Article 11 – Security, Confidentiality, and Data Rights
11.1 TPE applies appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of Customer Data, according to applicable GDPR standards.
11.2 Customer Data is not shared with or transferred to third parties unless third-party processors are engaged by TPE bound by a processing agreement in accordance with the GDPR. Customer Data is never used for training third-party AI models. Processing occurs only within TPE’s secure infrastructure or its contractually bound processors.
11.3 The Customer remains the legal owner of the submitted Customer Data. This ownership is unaffected by TPE's temporary processing rights as outlined in article 10.
11.4 The Customer has the right to access, correct, restrict, or delete their personal data in accordance with TPE's Privacy Statement and applicable legislation.
11.5 Information about third-party processors engaged by TPE is included in TPE’s Privacy Statement.
Article 12 – Intellectual Property
12.1 All intellectual property rights related to Services, methodologies, models, templates, analysis structures, software, prompts, transcription logic, workflows, summary structures, and Advice Documents reside exclusively with TPE.
12.2 Instructions, prompts, and other internal methodologies used by TPE for generating Summaries or Advice Documents are not part of the delivered Service, are not publicly disclosed, and remain fully internal intellectual property of TPE.
12.3 The Customer acquires only a non-exclusive, non-transferable, and non-sub-licensable usage license for the Advice Document provided to them, solely for personal or internal business use, in accordance with the purpose of the Service.
12.4 The Customer is not permitted to:
a) copy or reproduce the Advice Document or parts thereof;
b) distribute or publish;
c) commercially exploit;
d) edit or integrate into other systems;
e) use for (AI) training, analysis, or benchmarking outside their own organization; unless with prior written consent from TPE.
12.5 In case of infringement of article 12.4, the Customer forfeits an immediately payable penalty of:
€2,500 per infringement for consumers, plus €500 per day the infringement continues;
€25,000 per infringement for business Customers, plus €1,000 per day the infringement continues;
without prejudice to TPE’s right to full compensation if the actual damages exceed the penalty amount.
Article 13 – Health, Educational Nature, and Responsibility
13.1 TPE’s Services are intended solely to support education, wellbeing promotion, performance, and self-insight. They are explicitly not a substitute for medical, paramedical, psychological, or specialist advice, diagnosis, or treatment.
13.2 The Customer must independently assess before participation if there are health risks or contraindications making Sensor use or Service participation unsuitable. Contraindications include, but are not limited to: arrhythmias, serious cardiovascular disorders, use of pacemakers or medical implants, recent surgeries, pregnancy (unless medically approved), or other medical situations that may affect measurement or interpretation.
13.3 If such circumstances exist, the Customer must report them to TPE in writing before participation. If the Customer chooses to participate without consulting a medical specialist, it is entirely at their own risk. In such cases, the Customer indemnifies TPE against any liability for damages or claims arising from participation under these circumstances.
13.4 The Customer is fully and independently responsible for interpreting and whether or not to follow the given advice. This is done at their own risk and discretion.
13.5 In case of doubt about one's health, existing conditions, or advice interpretation, the Customer should always consult a physician, therapist, or specialist before making decisions based on the Service.
Article 14 – Liability
14.1 TPE does not have access to medical records and cannot assess the physical or psychological condition of the Customer. Advice is based solely on the information and measurement data provided by the Customer.
14.2 TPE is not liable for damages resulting from following advice without prior medical consultation, nor for damages arising from incomplete or incorrect submission of information by the Customer.
14.3 TPE's liability in all cases is limited to the amount paid by the Customer for the respective Service.
14.4 TPE is not liable for indirect damages, consequential damages, lost profits, or missed savings.
14.5 These liability limitations do not apply in case of intent or gross negligence on the part of TPE.
Article 15 – Force Majeure
15.1 Force majeure refers to any circumstance beyond TPE's reasonable control, including but not limited to pandemics, technical failures, supplier outages, telecommunications failures, natural disasters, war, terrorism, governmental measures, and strikes.
15.2 In case of force majeure, TPE is entitled to suspend, postpone, or cancel the Service execution without any liability for damages.
Article 16 – Applicable Law and Forum Choice
16.1 These General Terms and Conditions and all resulting disputes are governed exclusively by Dutch law.
16.2 Disputes will be submitted to the competent court in Amsterdam.
16.3 In case of contradiction between the Dutch text and any translated version of these terms, the Dutch text is always decisive.
