Terms & Conditions

ResultX – Terms and Conditions

Last updated: November 2024

Hi! Thank you for choosing ResultX as your ESG reporting tool. These Terms govern your use of ResultX’ Services and help to define the relationship between you and ResultX. By providing you with these Terms, we aim to act transparently and try to, proactively, answer any questions you might have regarding the Platform, Services, Fees, Subscription Term, etc. By using our Services, you agree with the latest version of these Terms. We kindly ask you to read these Terms carefully and keep them in mind every time you use our Services. 

I. DEFINITIONS & APPLICABILITY

1. Definitions

Access Rights: the specifically determined access and use rights for each Authorised User, which can be tailored by the Master User;

Agreement: the collective terms related to the Services between the Customer and ResultX, including, but not limited to (i) the Master Agreement, (ii) the data processing terms, if applicable, and (iii) these Terms;

Authorised User: every individual that is allowed to access and use the Platform, subject to the specific Access Rights assigned by the Master User, and/or who can upload Documents to the Platform as a Data Provider of the Customer;

Credit: the right for the Customer or its Authorised Users to upload one page of a Document;

Customer: every legal entity relying on the Services of ResultX;

Customer Environment: the dedicated Customer workspaces and team environment within the Platform to which a Customer and its Authorised Users may have access;

Document Provider Account: the account through which a Document Provider can upload any and all Documents for the completion of the Data in the Platform;

Document Provider: any customer, supplier, service provider, etc. that has valuable and/or complementary Documents that can be added to the Platform

Data: the collection of data, available in the Platform, extracted from Documents uploaded to the Platform;

Documents: any document uploaded to and processed by the Platform; 

Fee: the  fee(s) payable by the Customer, including Subscription, Implementation and Support fees;

Force Majeure: all circumstances which were reasonably unforeseeable at the time the Agreement was concluded, are unavoidable, and create (i) the inability on the part of a party to carry out the Agreement, or (ii) make the implementation of the Agreement harder or more difficult than normally anticipated (financially or otherwise). For example (but not limited to): hardship, natural disasters, war (threats of) terrorism, strikes, lock-out, diseases, pandemics, shortage of personnel, organisational conditions, confiscation, fire, scarcity of (raw) materials, bankruptcy or delays on the part of suppliers or subcontractors;

Implementation: the set-up of the Platform and establishment of the connection between the Customer technical infrastructure and the Platform;

Master Agreement: the proposal, quotation or other agreement and arrangements containing the practical modalities relating to the Services between ResultX and the Customer;

Master User: the user account who is the owner of the Customer Environment and can decide on the Access Rights of every Authorised User

Platform: the ESG reporting platform developed by ResultX, for which the Customer can purchase a Subscription;

Privacy Legislation: the (supra)national privacy legislation, applicable on the processing of personal data by ResultX or the Customer, related to the execution of the Agreement, such as, but not limited to (i) the Regulation 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, and repealing Directive 95/46/EC (‘General Data Protection Regulation’ or ‘GDPR’), (ii) Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘E-privacy Directive’), (iii) the Belgian Data Protection Law of 30 July 2018 and any other or future implementation in national legislations;

ResultX (or we | us): the private limited company (“besloten vennootschap”) ResultX, incorporated and existing under the laws of Belgium, with registered office at BE 3670 Oudsbergen, Heikantstraat 27, with company / VAT number BE-1005.682.043;

Services: all services provided by ResultX in relation to the Platform, implementation of the platform, data analysis, reporting, dashboarding and any other services provided by ResultX;

Subscription: the right granted by ResultX to the Customer for the set-up, use and access of the services; 

Subscription Term: the duration of the Subscription;

Support: the assistance provided by ResultX to the Customer during the Agreement, with regards to the Services, Subscription, Platform, etc.

Terms: these Terms of service; 

Test Period: the period during which the Customer is allowed to test ResultX’ Services and Platform, prior to the start of the Subscription Term;

Websitewww.resultx.ai, as well as any subdomains or other/future websites of ResultX;

2. Applicability of the Terms

2.1. Unless explicitly determined otherwise in writing, the entire relation between ResultX and the Customer for the provision of Services by ResultX to the Customer, is governed by, in descending hierarchical order (i) the Master Agreement, (ii) the data processing terms, if applicable, (iii) these Terms and (iv) the Belgian law. 

2.2. These Terms are specifically tailored to the use of the Services and are thus best suited to govern the relation between ResultX and the Customer. Therefore, the Customer agrees these Terms shall always take precedence over its own terms and conditions, which shall not be enforceable against ResultX (even if the Customer declares them the only valid terms).

II. GENERAL TERMS AND CONDITIONS

3. Conclusion of the Agreement

3.1. ResultX shall determine the scope of the Services together with the Customer and shall subsequently provide the Customer with a quotation and proposed scope as part of a Master Agreement. The Customer acknowledges that the Master Agreement can be signed electronically. 

3.2. The specifications, capabilities, technical features and other details regarding the Services on the Website or in a demo are only to be considered approximations. This information only binds ResultX insofar as explicitly stated in the Agreement. 

4. The Services

4.1. All ResultX’ obligations related to the Services shall be best efforts obligations. Hence, ResultX shall always provide the Services with appropriate care and in good faith, and serve the Customer to the best of its understanding, skill insight and ability, as can reasonably expected from a professional experienced in services of comparable scope, complexity and size (‘best effort obligation’). 

4.2. ResultX expressly disclaims any and all warranties that the Services shall always be performed error-free, satisfactory to the Customer’s wishes. The Customer acknowledges that it shall always have the obligation and responsibility to verify the accuracy and validity of any and all output Data generated through the Services. 

4.3. ResultX’ Services are limited to what was defined in the Agreement. ResultX is entitled to rely on the information and Documents provided by the Customer, without having to verify its accuracy and completeness. ResultX shall make use of data and information provided by the Customer to perform its Services, without accepting any responsibility in this respect. Furthermore, ResultX shall only process Documents that were expressly uploaded by any Authorised User. Consequentially, ResultX can never held responsible for any Documents that have not been uploaded to the Platform.

4.4. ResultX does not guarantee that Services are suitable for its intended use or are seamlessly adapted to the Customer’s activities or business operations, unless such purpose is one of the features that have been agreed explicitly in writing in the Master Agreement. 

5. The Platform

5.1. The Platform

5.1.1. The Platform is provided to the Customer “AS-IS”. The Customer confirms it does not base its reliance on the Platform upon the development of any future functionality, features or data connectivity.

5.1.2. ResultX shall use its best effort to maintain the availability of the Platform, but shall never guarantee the uninterrupted availability. In the event of problems with the availability of the Platform, ResultX undertakes its best effort to solve such issue as soon as reasonably possible, without offering any guarantees. In any case and where appropriate, ResultX shall be free to determine what is to be considered an adequate solution.

5.1.3. ResultX does not guarantee that the Platform will operate completely error-free and automatically with all types or new versions of internet browsers, operating systems, mobile operating systems or any other software. The Customer acknowledges that each operating system and each version of an operating system or browser has specific idiosyncrasies that make it likely that the Customer Environment cannot be consulted or can be consulted only imperfectly on an operating system or browser version whose compatibility was not provided for in the Agreement. 

5.1.4. ResultX is constantly striving to improve the Platform’s performance and Services it offers to its Customers. Therefore, the Customer explicitly grants ResultX the right to use the uploaded Documents and analysed Data in an anonymized form for the further development and improvement of the Platform provided by ResultX. 

5.1.5. ResultX reserves the right to make, in its sole discretion, any material or non-material changes and/or updates to the functionality of the Platform from time to time without prior approval of the Customer, provided that such changes do not materially downgrade any of the existing functionalities at the moment of the signing of the Agreement. ResultX will notify the Customer of material changes via email or via notification in the Platform. 

5.2. Use of the Platform

5.2.1. The Customer shall be entitled to create a Master Accounts and other Accounts for Authorised Users, subject to the provisions in the Master Agreement. The Master Account shall be able to assign the Access Rights of any and all Authorised User.

5.2.2. The Customer shall ensure its Authorised Users to access and use the Platform in accordance with the provisions in the Agreement. The Customer and its Authorised Users shall not access the Platform in a manner intended to avoid incurring any Fees.

5.2.3. The Customer acknowledges that it is prohibited to and shall refrain from upload any information or Documents that: 

  • Contain incorrect, false or fraudulent information or which may impact the reporting and present an inaccurate report of the Customer’s ESG performance;
    • Violate any third party (intellectual property) rights;
    • Are in violation of present agreement,
    • Violate any applicable legislation
    • Are otherwise deemed inappropriate. 

5.2.4. The Customer and Authorized Users shall not:

  • “frame,” distribute, resell, provide or permit access to the Services by any third party other than as allowed by the features and functionality of the Services; 
    • use the Services in violation of applicable laws; 
    • transfer to the Services or otherwise use on the Services any code, exploit, or undisclosed feature that is designed to delete, disable, deactivate, interfere with, or otherwise harm or provide unauthorized access to the Services; 
    • use any robot, spider, data scraping, or extraction tool or similar mechanism with respect to the Services;
    • provide access to the Services to an individual associated with a ResultX competitor;
    • extract information from the Services in furtherance of competing with ResultX;
    • introduce into the Services any software containing a virus, worm, “back door,” Trojan horse, or similarly harmful code; or, 
    • permit any third party to engage in any of the foregoing proscribed acts. 

5.2.5. The Customer shall use its best endeavours to prevent or terminate any unauthorised access, illegal use and/or incompatible use of the Platform. If the Customer discovers such unauthorised access and/or use, the Customer shall notify ResultX immediately, which shall be entitled to take all necessary or useful measures to remedy such access and/or use. 

5.2.6. The Customer shall be responsible for procuring, maintaining and securing its network connection(s) to the Platform. 

5.2.7. If the Customer observes any deficiency or problem, the Customer is obliged to immediately cease the use of the Platform and make every reasonable effort – or have every reasonable effort made – to prevent any (further) damage.

6. Implementation

6.1. ResultX shall at all times execute the Agreement and Implementation Services with due diligence, with appropriate care and in good faith, and will carry out the Services with understanding, skill, insight and ability, as may reasonably be expected of a professional experienced in implementation services of comparable scope, complexity and size. All ResultX’ obligations regarding its Implementation Services are to be considered best effort obligations.

6.2. . ResultX reserves the right and shall be entitled to invoice the Fees for Support provided to the Customer.

6.3. The Customer shall provide ResultX with (i) all necessary co-operation in relation to the Implementation Services; and, (ii) all necessary access to information as may be required by ResultX in order to provide the Implementation Services.

6.4. ResultX is entitled to rely on data and information provided by the Customer, without having to verify its accuracy and completeness. ResultX shall make use of data and information provided by the Customer without accepting any responsibility in this respect. The Customer is responsible for the timely delivery, accuracy and completeness of the provided data and information, and indemnifies ResultX from any claims in this context, including claims of third parties. ResultX shall in any case not be held responsible for any delay of the Implementation Services caused by the Customer not providing the information and/or Documents in a timely manner. 

6.5. The Implementation Services shall always be limited to the duration and scope specified in the Agreement. If ResultX establishes that the intended objective of the Services, before the start or during the execution of the Agreement cannot be realised, it will inform the Customer of this as soon as possible. 

6.6. In such case, efforts will be made to consult and possibly adjust the scope of the Agreement. In case of non-agreement or impossibility to adjust the scope, the Agreement will be terminated with immediate effect. Upon termination, the Customer shall always be bound to pay ResultX for the Implementation Services provided and costs incurred up to that time. 

7. Test Period

7.1. Parties may agree on starting the Agreement with a Test Period, of which the modalities and duration shall be agreed in the Master Agreement. During this Test Period, the Customer has the right to test the Platform and Services. 

7.2. Unless explicitly agreed on in writing by the parties, the duration of the Test Period shall under no circumstance be part of the Subscription Term. 

7.3. During the Test Period, ResultX may, at its own discretion organise an evaluation meeting with the Customer on the performance of the Platform and Services.

7.4. Both parties have the right to terminate the Agreement as a whole, provided that a party gives a prior written notice at least one (1) month before termination of the Test Period, and in any case before the Subscription Term enters into effect.

7.5. If the Agreement is not terminated during the test period, the Subscription Term shall enter into effect the first day after the termination of the Test Period.

8. Subscription

8.1. The Customer shall be granted a temporary, personal, limited, non-exclusive and non-transferable access and use right of the Platform and Services as described in the Master Agreement. The Subscription is granted as of the first day of the start of the Subscription Term. 

9. Credits

9.1. The Customer shall be entitled to an amount of Credits that can be used during the Subscription Term, as was agreed between the parties in the Master Agreement.

9.2. The Customer can purchase Credits in packs, as stated on the Website/Platform. Prices paid for one order shall never be binding for subsequent offers. 

9.3. The Credits shall remain valid for remainder of the Subscription Term during which the Credits were purchased. 

9.4. The Credits are non-refundable. Therefore, upon expiration date or when the Customer closes its account, the remaining Credits shall not be repaid to the Customer.

10. Maintenance

10.1. If necessary for any maintenance work or implementation of updates to the Platform, ResultX may temporarily interrupt the availability of the Platform and Services. To the extent possible, any maintenance work will take place outside normal business hours. 

10.2. ResultX will use its best efforts to notify the Customer in advance of any planned interruptions. An interruption services due to maintenance work or the implementation of any updates can never be qualified as a fault on the part of ResultX. ResultX will ensure that the interruption does not last longer than necessary.

11. Subscription Term

11.1. The Subscription Term has a definite duration, which is described in the Master Agreement. This term shall automatically be renewed for one year, unless either party gives notice of termination to the other party at the latest one (1) month before the end of the Subscription Term. 

11.2. The Subscription Term shall start as of the moment of the conclusion of the Agreement. However, if the parties agreed on a Test Period, the Subscription Term shall enter into effect the first day after the termination of the Test Period, subject to the provisions in Article 7.

11.3. Early termination of the Subscription Term shall not give rise to a right for the payback of any Fees.

12. Fee and Payment

12.1. Fee

12.1.1. The Fees payable shall be agreed upon in the Master Agreement between ResultX and the Customer. In no event shall the Fees confirmed in one Master Agreement be binding for (future) agreements or cooperations. 

12.1.2. All Fees are, unless explicitly stated otherwise, excluding VAT or any other levies or taxes. 

12.1.3. ResultX is entitled to increase the Fees agreed in the Agreement for every renewal. ResultX shall notify the Customer of any price increase at least two (2) months before the tacit renewal through e-mail or via the Platform. 

12.1.4. ResultX is entitled to index its Fees during the Subscription Term in line with an increase in its costs, whereby the amount payable shall be calculated on the basis of the formula below:

P = [ 20% * p ] + [ 80% * p * (S/s) ]

Where: 

F = the new Fee;

f = the initial Fee;

S = the new Agoria wage index;

s = the initial wage index.

12.2. Payment and billing method

12.2.1. Unless otherwise agreed upon, the invoices of ResultX are payable within a period of fourteen (14) days. The invoice has been settled when the complete amount stated on the invoice has been received by ResultX.

12.2.2. Invoices that are not disputed by registered letter within eight (8) days after their issuing will be considered to have been fully accepted. The Customer shall pay the undisputed part of the invoice in accordance with these Terms.

12.2.3. By concluding an Agreement and relying on the Services of ResultX, the Customer agrees to electronic invoicing by ResultX. 

12.3. Late payment

12.3.1. If the Customer fails to pay in full any invoice by the due date for payment, then:

  • the Customer shall owe an interest on the overdue amount at the rate of one percent (1%) per month. Such interest shall accrue automatically (without prior notice by 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 percent (5%) of the outstanding balance, with a minimum amount of two hundred and fifty euro (250,00 EUR) for costs associated with a.o. the collection of the amounts due and with the adverse consequence on ResultX cash flow, as liquidated damages. The Customer confirms that this sum represents a genuine pre-estimate of ResultX its loss.

12.3.2. This paragraph is without prejudice to ResultX’ right to prove and claim any higher damages.

12.3.3. Late, incomplete or non-payment of one expired invoice will cause all other invoices, for which a particular instalment term has been agreed on, to become immediately payable, without previous notice of default. 

12.3.4. Partial payments will firstly be deducted from interest due, liquidated damages payments and possible costs and subsequently from unpaid invoices.

12.3.5. ResultX is entitled to suspend or postpone its Services or its other obligations in connection with the Agreement if the Customer has not complied 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 light of the best efforts obligation to which ResultX has committed. In the case of inadequate Services, ResultX’ liability is limited to the (renewed) performance of the missing or inadequate Services. If the (renewed) provision of the Services is not (or no longer) possible or reasonable, the Customer shall be entitled to compensation in lieu of the damage suffered. 

13.1.2. The liability of ResultX shall in all cases be limited to any direct liabilities and to the invoice value of the Services by ResultX that gave rise to the damages and/or liability claim during the twelve (12) months preceding the date on which the liability claim arose. ResultX shall never be liable for:

  • damage or loss suffered by the Customer or third parties by incorrect, incomplete or late information and instructions from the Customer (incl. its Authorised Users);
    • damage resulting from malfunctions or defaults in network communications, devices or infrastructure belonging to Customer (incl. its Authorised Users) used for accessing the Platform;
    • damage caused by further use or application of the Platform and the Services by the Customer (incl. its Authorised Users) after a defect has been found;
    • damage caused by the improper, inadequate, unauthorised or unlawful use of the Platform / Services;
    • damage caused by the theft or loss of the password for accessing the Platform due to negligence of the Customer (incl. its Authorised Users);
    • damage caused by incorrect assignment of Access Rights by the Customer;
    • damage caused by Force Majeure in accordance with the provisions of Article 16;
    • damages resulting from uploading Documents to the Platform in breach of Article 5.2.3;
    • damages resulting from any claims, fines, penalties due to non-compliance with reporting obligations;
    • indirect and consequential damage, such as, but not limited to, loss of profit, loss of savings, loss of revenue, loss caused by business interruption, damage to third parties; and, 
    • any other claims, damages and loss caused by circumstances or causes outside of the reasonable control of ResultX.

13.2. The Customer

13.2.1. The Customer will hold ResultX harmless against all claims from third parties arising from the incorrect or unlawful use of the Platform or Services. It will cover all damages such as compensations or legal costs (including reasonable lawyer’s fees) providing that ResultX has informed the Customer as soon as reasonably possible of any claim arising from that matter.

14. Support

14.1. When the Customer is in need of assistance or has an enquiry with respect to the Services, the Customer can contact the helpdesk of ResultX on the e-mail address [email protected]

14.2. ResultX reserves the right and shall be entitled to invoice the Fees for Support provided to the Customer.

14.3. The Customer must offer all necessary assistance and co-operation to the helpdesk, e.g. provide a detailed description of the problem and the situation in which it occurred.

14.4. The helpdesk of ResultX will do its best efforts to assist the Customer as soon as reasonably possible following the requested Support. 

14.5. ResultX performs maintenance activities and implements updates of its Services (incl. the Platform) on a regular basis. ResultX strives to minimise the impact on the availability of its Services and/or the Platform, but does not exclude any downtime in this respect. If the impact on the availability of the Platform and/or Services, ResultX will strive to inform the Customer thereof.

15. Termination

15.1. Term

15.1.1. The Agreement shall be terminated the moment the Subscription Term ends in accordance with Article 11.1, unless explicitly agreed upon otherwise in writing by the parties. However, if parties agree on a Test Period, the Agreement shall be deemed terminated if a party terminates the Test Period in accordance with Article 7.4 of this Agreement 

15.2. Grounds for termination

15.2.1. Either party may terminate the Agreement per registered mail for material breach, automatically and without definitive court decision if the other party has committed a material breach and fails to remedy such breach within fifteen (15) days of written notice of default by the claiming party. Parties will consider (amongst others) the following events as a material breach:

  • Repeated failure to pay invoices for which payment is due; 
    • Failure to comply with the best effort performance of the Services for an extended duration;
    • Unauthorised or illegal use of the Platform and/or Services;
    • Intellectual property infringement (cfr. Article 11).

15.2.2. The Agreement may be terminated if an insolvency event occurs, i.e. a party ceases to pay its debts or ceases its activities, files for bankruptcy, liquidation of the legal entity or enters proceedings in receivership or judicial composition proceedings. 

15.2.3. ResultX shall never be obligated to refund the Customer any fees if the Customer terminates the Agreement during the Term without the termination being the result of a material breach of ResultX. The Customer is still obligated to pay all Fees set out in the Agreement in addition to the cancellation fee as described in Article 12.

15.3. Consequences of termination

15.3.1. Regardless of the cause for termination, the following consequences will follow the termination of the Agreement:

  • ResultX shall stop performing its Services;
    • ResultX is entitled to refuse any request from the Customer to enter into a (new) Agreement with regard to the Services. 
    • Customer will discontinue the use and will return ResultX’s confidential Information and proprietary material. 
    • ResultX shall retain the Customer’s confidential information and proprietary material for thirty (30) days upon the termination of the Agreement, after which ResultX shall delete all Customer’s confidential information irrevocably.

15.3.2. Articles 13, 17, 18, and 19 shall survive the termination of the Agreement and continue in full force and effect.

15.3.3. The termination of the Agreement, for whatever reason, shall not prejudice the rights acquired by each party.

16. Force Majeure

16.1. In the event of Force Majeure, the party confronted by the Force Majeure event shall (i) notify the other party thereof within a period of one month after the inception of the Force Majeure and (ii) inform the other party of the period for which the Force Majeure is expected to continue. 

16.2. In the event of Force Majeure, each party has the right to temporarily suspend the performance of its obligations without being liable for any damages.

16.3. A situation of Force Majeure that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.

17. Confidentiality

17.1. All information marked as confidential or reasonably to be considered confidential, disclosed by any of the parties to the receiving party prior to entering into an Agreement as well as during the Agreement shall be treated with the utmost secrecy.

17.2. The receiving party shall:

  • not use, reproduce, or allocate the confidential information in any manner or for any other purpose than their cooperation;
    • not engage in, nor authorise others to engage in, the reverse engineering, disassembly or the decompilation of the source code, structure or any other confidential information; and,
    • not derive any commercial benefit from the confidential information.

17.3. This confidentiality obligation applies during the course of the Agreement between ResultX and the Customer and shall continue to exist for a period of three (3) years from its termination for any reason whatsoever.

17.4. The disclosing party shall remain the sole owner of their own confidential information at all times. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the receiving party any rights to or interest in the confidential information and no implied licenses are granted by these Terms. 

17.5. In case of breach of the obligations in this Article, a lump-sum compensation equal to five thousand euros (€ 5.000,00) per individual breach is due by the breaching party to the other party, without prejudice to the right of the other party to claim full compensation for all damage caused by the breach.

18. Intellectual property rights

18.1. The Customer explicitly acknowledges that ResultX shall own and retain all intellectual property rights with respect to the Services, the Platform and possible related Services (including all copies, modifications, extensions and derivative works thereof), such as, but not limited to: rights associated with the (source) code, technological backbone, AI algorithm, other authorship rights, design rights, know how, domain names and database rights.

18.2. The Customer shall not use ResultX’ company name, ResultX’ Services names or ResultX’ trademarks as part of Customer’s name or in any manner capable of misrepresenting the relationship between Customer and ResultX. The Customer shall not alter, remove or tamper with the brands, trademarks, or other means of identification on the Services.

18.3. ResultX explicitly acknowledges that Customer and the Data Providers shall own and retain all intellectual property rights with respect to the Documents, designs, trade names/trademark it owns and which are uploaded to the Platform by the Authorised Users, however subject to the provisions in this Agreement.

18.4. The Customer explicitly authorises ResultX to use the Customer’s name and/or project as a reference for publicity purposes, such as by publication on the Website. In this regard, the Customer also authorises ResultX to use the Customer’s name, trademark, logo, etc.

18.5. In case of breach of the obligations in this Article, a lump-sum compensation equal to five thousand euros (€ 5.000,00) per individual breach is due by the breaching party to the other party, without prejudice to the right of the other party 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 shall take place in accordance with the provisions of our Privacy Policy. In such event, we act as controller. The Privacy Policy includes information about the personal data collected by ResultX, as well as the manner in which we use and process this personal data for certain purposes. Our Privacy Policy can be consulted (i) when the Customer accesses the Platform for the first time or (ii) on the Website at any time.

19.2. The Customer as Controller

19.2.1. The Customer acknowledges that – with regard to the processing of all data entered and uploaded on the Platform and/or processed in execution of the Services – it shall act as controller and ResultX as processor. All arrangements made between parties in this respect shall be solely governed by a data processing terms applicable between the Customer and ResultX. The Customer explicitly acknowledges that by ordering the Services and entering into an Agreement with ResultX to have read and accepted the applicable data processing terms. 

20. Changes to the Terms 

20.1. ResultX reserves the right to change or update the Terms at any time. New or amended Terms shall apply from the thirtieth (30th) day after they were (implicitly) accepted by the Customer. 

21. Netting

21.1. In accordance with the provisions of the Belgian Law on Financial Collateral of 15 December 2004, ResultX and the Customer automatically offset all currently existing and future debts vis-à-vis each other. This means that in the permanent relationship between ResultX and the Customer, only the largest debt remains after the aforementioned automatic compensation.

22. Miscellaneous

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 Agreement or any partial reaction or absence of reaction by ResultX in the event of violation by the Customer of one or more provisions of such an Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of ResultX’ rights under such Agreement, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by ResultX, this waiver cannot be invoked by the Customer in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.

22.2. Notices

22.2.1. Any notice to be given under the Agreement shall be deemed duly given when sent by e-mail. It shall be deemed received one (1) working day after the date of dispatch.

22.3. Divisibility

22.3.1. If any part or any clause of the Agreement is for whatever reason held to be unlawful, invalid or unenforceable, such provisions shall be deleted and the remaining parts or clauses shall not be affected and shall remain valid and enforceable as if the invalid or unenforceable parts or clauses were not part of the Agreement.

22.3.2. Any such part or clause shall be replaced by a provision that, insofar as legally possible, comes clo­sest to the intention of parties in the affected part or clause. Parties shall in good faith negotiate and agree a mutually acceptable provision that shall replace the deleted provision.

22.4. Non-transfer

22.4.1. This Agreement and the rights and obligations ensuing from it for the Customer may not be transferred either directly or indirectly without the written consent of ResultX. 

22.4.2. ResultX shall have the right to transfer any Agreement and the rights and obligations ensuing from it to a third party. In that case, a new agreement between Customer and the third party shall be concluded with terms and conditions (rights and obligations) identical to those in this Agreement for the remaining Term.

23. Jurisdiction and applicable law

23.1. Jurisdiction

All disputes arising out or relating to the performance of this Agreement shall be subjected to the exclusive jurisdiction of the courts of the district in which ResultX has its registered office.

23.2. Applicable law

The Agreement as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of Belgium, with exclusion of all conflict of laws rules.

+32 494 07 01 37
+32 477 41 91 02

[email protected]
[email protected]

Otto Veniusstraat 9,
2000 Antwerpen,
Belgium

BTW BE 1005.682.043