Terms & Conditions

This legal agreement establishes the binding terms and conditions that govern your relationship with Thornwood. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement between you and Thornwood. If you do not agree with any part of these terms, you should not access or use our website or services. Your continued use of the website indicates your acceptance of these terms and any future modifications.

2. User Obligations and Responsibilities

2.1 Legal Compliance

You are responsible for ensuring that your use of our website and services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes but is not limited to data protection laws, intellectual property regulations, and consumer protection statutes.

2.2 Conduct Requirements

When using our website or engaging with our services, you agree to conduct yourself in a professional and respectful manner. You shall not engage in behavior that is harassing, abusive, defamatory, or otherwise objectionable. You are also responsible for maintaining the confidentiality of any login credentials or project-specific information we share with you.

2.3 Prohibited Activities

2.4 Content Guidelines

Any content you submit through our contact forms or other communication channels must be accurate, lawful, and respectful. You represent and warrant that you have the necessary rights to share such content and that it does not violate the rights of any third party.

2.5 Age Restrictions

Our website and services are intended for individuals who are at least 18 years old or have reached the age of majority in their jurisdiction. By using our services, you represent that you meet these age requirements. If you are accessing the site on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

3. Service Delivery and Project Terms

3.1 Project Agreements

Specific project work is governed by separate written agreements that detail scope, deliverables, timelines, and payment terms. These Terms and Conditions supplement but do not replace project-specific agreements. In case of conflict between these general terms and a specific project agreement, the project agreement takes precedence.

3.2 Payment Terms

Payment terms for our services will be specified in individual project agreements. Unless otherwise stated, all fees are quoted in euros and are exclusive of applicable taxes. Late payments may incur interest charges as permitted by law.

3.3 Project Timelines

While we provide estimated timelines for project completion, these are approximations based on our best judgment and are subject to change based on project complexity, scope modifications, and unforeseen circumstances. We commit to communicating openly about timeline adjustments as they become necessary.

4. Indemnification

You agree to indemnify, defend, and hold harmless Thornwood, its directors, officers, employees, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms and Conditions
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or share through our platform
• Your breach of any applicable laws or regulations

5. Liability Limitations and Disclaimers

5.1 Disclaimer of Warranties

Our website and all associated content and services are provided on an "as is" and "as available" basis without any warranties, express or implied. We disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will meet your specific requirements or that they will be uninterrupted, timely, secure, or error-free.

5.2 Limitation of Liability

To the maximum extent permitted by applicable law, Thornwood shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to these Terms and Conditions or the use of our website or services. This limitation applies regardless of the legal theory on which the claim is based.

5.3 Consequential Damages Exclusion

Under no circumstances shall Thornwood be liable for any business interruption, loss of opportunity, reputational damage, or other consequential losses, even if we have been advised of the possibility of such damages. Our liability for direct damages, if any, shall not exceed the fees you have paid to us in the twelve months preceding the claim.

5.4 Force Majeure

Thornwood shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, equipment failures, or internet service disruptions.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data are governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By agreeing to these terms, you also consent to our privacy practices as described in the Privacy Policy.

7. Intellectual Property

All intellectual property rights in our website, services, and any deliverables created under project agreements remain with Thornwood or our licensors unless explicitly transferred through a written agreement. You may not use our trademarks, logos, or copyrighted materials without prior written permission.

8. Legal Information

8.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

8.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the courts located in Amsterdam, Netherlands. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue in such courts.

8.3 Dispute Resolution Procedures

Before initiating any formal legal proceedings, we encourage parties to attempt to resolve disputes through good faith negotiation. If you have a concern or dispute, please contact us first so we can work together toward a resolution. Many issues can be resolved through direct communication without the need for formal legal action.

8.4 Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

8.5 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any applicable project agreements, constitute the entire agreement between you and Thornwood regarding the use of our website and services. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

9. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the effective date at the top of this page. Significant changes will be communicated through our website or via email if you have provided us with your contact information. Your continued use of our services after modifications become effective constitutes your acceptance of the revised terms.

10. Termination

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including if you breach these Terms and Conditions. Upon termination, your right to use the website ceases immediately. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

11. Contact Information

If you have questions about these Terms and Conditions, need clarification on any provisions, or wish to report a violation, please contact us using the information provided at the beginning of this document. We are committed to addressing your concerns promptly and professionally.