Terms and Conditions
Last modified: December 2025
Article 1 – Definitions
1.1 The Present Edge B.V. (“TPE”): the private company located in Amsterdam, registered with the Chamber of Commerce under number 97346012.
1.2 Customer:
a) a natural person acting as a consumer; or
b) a natural or legal person acting in the exercise of a profession or business (such as an entrepreneur, corporate or organization).
1.3 Customer Data: all data or information provided by or on behalf of the Customer that arises during the performance of the Service, such as HRV data, questionnaires, transcripts, audio or video recordings, chat messages, (measurement) data from the Sensor, and other forms of input or interaction. Customer Data remains the property of the Customer at all times.
1.4 Services: all programs, pathways, measurements, coaching, analyses, advice, digital applications, reports, and associated materials offered by TPE in the fields of wellness, stress regulation, education, and personal or professional development.
1.5 Agreement: any agreement between TPE and the Customer regarding the delivery 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 upon completion in accordance with the terms and conditions.
1.7 Summary: an interpretation generated by TPE based on Customer Data, without personal data, used for forming advice and internal analysis.
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.
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 expressly confirmed in writing by TPE.
2.3 The applicability of any general terms and conditions of the Customer is explicitly rejected.
Article 3 – Formation of the Agreement
3.1 The Agreement is concluded 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 quotation or confirms the order through a payment route authorized by TPE.
3.2 By confirming the order or accepting the quotation, the Customer agrees to the applicability of these General Terms and Conditions.
3.3 TPE reserves the right to refuse an application, request, or order without stating reasons.
Article 4 – Reflection Period and Right of Withdrawal (Consumers)
4.1 If the Customer is a consumer, they have the right to terminate the Agreement within 14 days of formation without stating reasons (right of withdrawal), unless section 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 reflection period; or
b. the Customer agrees to the immediate performance of the Service by accepting these General Terms and Conditions.
4.4 If a Sensor has already been sent 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 carried out once TPE has received the Sensor in good condition. If the Sensor is not received within 14 days, the right to a refund expires insofar as it concerns costs for the Sensor, licenses, shipping, return, or other demonstrable costs, as far as legally permitted. TPE is entitled to deduct these demonstrable costs from the amount to be refunded, including a reasonable administration fee.
Article 5 – Cancellation (Business Customers)
5.1 Business Customers have no statutory right of withdrawal.
5.2 Cancellation by a business Customer is only possible in accordance with the terms agreed in writing. 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 listed prices are exclusive of VAT, unless explicitly stated otherwise.
6.2 Payment by consumers takes place via the payment method selected on the payment page or in the order flow.
6.3 For business Customers:
a. if the Service is purchased via the standard payment page, payment is made via the selected payment method in that flow;
b. if the Service is requested via a quote or agreement, payment is made according to the agreed written payment terms and methods.
6.4 If payment is delayed, TPE is entitled to suspend the performance of the Service until full payment has been made.
Article 7 – Sensors: Use, Return, and Penalties
7.1 If physical products such as Sensors are part of the Service, they remain the property of TPE at all times, even if the Sensor is received via a partner or supplier.
7.2 The Customer must use the Sensor with care and only in accordance with the instructions provided.
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 session (if part of the Service), in the original packaging including all accessories, or in the return packaging if available, unless otherwise agreed in writing.
7.4 Return must be made using the return label provided or in accordance with TPE's return instructions.
7.5 If the Sensor is not returned on time, TPE is entitled to charge a fee of €15 per calendar day from the final return date to the effective return date, with a maximum of €250. This fee is due and invoiceable to the Customer. This fee is reasonably and proportionately applied in relation to the replacement value of the Sensor and the costs actually incurred by TPE due to the late return.
7.6 If the Sensor fails due to normal use or a production error, TPE will provide a replacement Sensor free of charge, provided the Customer reports this immediately so TPE can assess the status.
7.7 If the Sensor is damaged due to careless or incorrect use, or if loss or theft occurs, 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 greater.
Article 8 – Obligations Regarding Measurement
8.1 TPE advises that a measurement be conducted 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 usually do not provide sufficient data for qualitative analysis.
8.3 If the measurement is shorter than three days, or if the associated questionnaires are incompletely filled out, TPE may, at its discretion, consider the Service as insufficiently performed without a refund.
8.4 If the Customer does not perform a representative measurement within 30 days of receiving the Sensor and has not scheduled an advisory appointment, TPE may terminate the Service without refund of the price paid. If the Customer is unable to complete this in time due to special circumstances, the Customer may submit a request for an extension in writing or digitally. TPE may grant or refuse this extension at its discretion; an extension is only given if TPE has expressly confirmed this in writing.
8.5 The Customer acknowledges that it is their responsibility to schedule the advisory session promptly after completing a representative measurement. The Customer must independently schedule this session via the online planner made available by TPE or according to other written instructions from TPE. TPE recommends scheduling the session as soon as possible, preferably immediately after completion of the measurement, so the insights remain current. If desired, the session may also be scheduled prior to the measurement, provided the planned date falls after the completion of the entire measurement period. If the planner is temporarily unavailable due to a technical failure or force majeure, the Customer must contact TPE to make an appointment. TPE strives to offer sufficient planning options but cannot guarantee a fixed term for the date of the session itself.
8.6 The Customer must actively schedule the advisory session 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 the execution of the session lapses and there is no entitlement to a refund. If there are circumstances that reasonably prevented timely planning, the Customer can contact TPE. An appointment can be scheduled through mutual consultation. TPE reserves the right to determine whether a situation qualifies as a special circumstance. The responsibility for timely scheduling primarily lies with the Customer.
Article 9 – Execution of the 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 agreed otherwise.
9.2 Advisory sessions take place via a secure online video connection, unless agreed otherwise in writing.
9.3 Appointment changes must be reported in writing at least 24 hours prior to the scheduled appointment.
9.4 If an appointment is not canceled in time, or if the Customer does not show up at the scheduled time (no-show), the appointment is considered executed without refund or reimbursement.
9.5 TPE uses digital recordings of conversations to support the service. These are used solely for processing as explained in Article 10.
9.6 The Advice Document is made available to the Customer at the end of the Service in a digital format (such as PDF), unless agreed otherwise. This document forms the end product of the Service and contains relevant insights and recommendations based on the processing of Customer Data.
Article 10 – Customer Data and Processing
10.1 TPE obtains a limited, non-exclusive license to process Customer Data temporarily, only to the extent necessary for the performance of the Service. This processing takes place within TPE's secure infrastructure or its processors.
10.2 In the context of the Service's execution, TPE routinely uses audio or video recordings and transcripts of conversations. These are solely used to generate Summaries and Advice Documents and are deleted after processing unless otherwise required by law or regulations.
10.4 The processing of Summaries is an essential part of TPE's service 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) methodological structures, formulations, and analysis forms of TPE. This combination creates a new, non-personally traceable work on which TPE holds intellectual property. Summaries are not shared with the Customer unless explicitly requested.
10.5 Fully anonymized and permanently non-traceable data such as Summaries may be stored and used for quality improvement, internal training, research, and R&D within the TPE Group. TPE guarantees that tracing individuals is permanently impossible both technically and legally.
10.6 The Advice Document is the end product provided to the Customer, compiled based on Summaries, Customer Data, and TPE's methodological structures. The Customer receives a non-exclusive, non-transferable use license for personal or internal business use, in accordance with Article 12.
10.7 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, in accordance with applicable GDPR standards.
11.2 Customer Data is processed only within controlled systems of TPE or processors engaged by it, which are bound by confidentiality. No transfer takes place to external AI services or other third parties without the Customer's explicit consent.
11.3 The Customer remains the legal owner of the submitted Customer Data, including measurement data, questionnaires, recordings, transcripts, and other personal input. This ownership does not affect TPE's temporary processing rights as described 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.
Article 12 – Intellectual Property
12.1 All intellectual property rights on the Services, methodologies, models, templates, analysis structures, software, prompts, transcription logic, workflows, summary structures, and Advice Documents rest solely with TPE or a related legal entity, as established within the legal structure of the TPE Group.
12.2 Instructions, prompts, and other internal methodologies used by TPE to generate Summaries or Advice Documents are not part of the delivered Service, are not disclosed, and remain entirely the internal intellectual property of TPE.
12.3 The Customer only receives a non-exclusive, non-transferable, and non-sublicensable use license for the Advice Document provided to them, exclusively 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) modify or integrate into other systems;
e) use for (AI) training, analysis, or benchmarking outside the own organization; unless with prior written permission from TPE.
12.5 A Customer who violates Article 12.4 forfeits an immediately payable penalty of:
€10,000 per infringement for consumers, plus €1,000 per day the infringement continues;
€50,000 per infringement for business Customers, plus €2,500 per day the infringement continues;
without prejudice to TPE's right to full compensation if the actual damage exceeds the penalty amount.
Article 13 – Health, Educational Nature, and Responsibility
13.1 TPE's Services are solely intended to support education, wellness enhancement, 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 whether there are health risks or contraindications that make the use of the Sensor or participation in the Service unsuitable. Contraindications include: arrhythmias, serious cardiovascular disorders, the 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 are present, the Customer must report this in writing to TPE before participation. If the Customer decides to participate without consulting a medical specialist, they do so at their own risk. In such a case, the Customer releases TPE from any liability for damage or claims arising from participation under these circumstances.
13.4 The Customer is fully and independently responsible for interpreting and, if necessary, following the given advice. This is done at their own risk and discretion.
13.5 In case of doubt about their own health, existing conditions, or the interpretation of advice, the Customer should always consult a doctor, caregiver, or specialist before making decisions based on the Service.
Article 14 – Liability
14.1 TPE has no access to medical records and cannot assess the physical or psychological condition of the Customer. Advice is solely based on the information and measurement data provided by the Customer.
14.2 TPE is not liable for damage resulting from following advice without prior medical consultation, or for damage resulting from incomplete or incorrect information provided by the Customer.
14.3 TPE's liability is in all cases limited to the amount paid by the Customer for the relevant Service.
14.4 TPE is not liable for indirect damage, consequential damage, 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, government measures, and strikes.
15.2 In case of force majeure, TPE is entitled to suspend, postpone, or cancel the performance of the Service without any liability.
Article 16 – Governing Law and Jurisdiction
16.1 These General Terms and Conditions and all disputes arising from them are governed exclusively by Dutch law.
16.2 Disputes will be submitted to the competent court in Amsterdam.
16.3 In case of conflict between the Dutch text and any translated version of these terms, the Dutch text always prevails.
