Terms and Conditions

1.1 Trydent: the sole proprietorship Trydent, established at Kapelweg 47, 5281 LP Boxtel, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 98292609, represented by Yvan de Wert, and its successors under universal or particular title.

1.2 Client: the legal entity or natural person acting in the exercise of a profession or business, who enters into an Agreement with Trydent or is in negotiations to do so.

1.3 Agreement: any arrangement between Trydent and Client, including the quotation, order confirmation, these terms and conditions, and written addenda.

1.4 Services: all work and deliverables provided by Trydent, including software development, websites, AI solutions, consulting, implementation, hosting, licensing, maintenance, and support.

1.5 Software: all software, source code, object code, configurations, models, prompts, documentation, and other materials developed or made available by Trydent.

1.6 In Writing: by letter or email, or via any other electronic means that allows the sender to be identified.

2.1 These terms and conditions apply to all quotations, Agreements, and Services provided by Trydent.

2.2 These terms apply exclusively between businesses (B2B). Trydent does not conclude Agreements with consumers.

2.3 Purchasing or other standard terms and conditions of Client are not applicable and are expressly rejected.

2.4 Deviations are valid only if agreed In Writing by both parties. In case of conflict, the Agreement prevails over these terms, and Part B, C or D prevails over Part A. For the processing of personal data, the order of precedence of Article 11.2 and Article 16.1 of the Trydent Data Processing Agreement applies.

2.5 Trydent provides these terms to Client before or upon conclusion of the Agreement, for example as an attachment to the quotation or order confirmation by email (Article 6:234 Dutch Civil Code). Upon request, Trydent sends them free of charge.

2.6 These terms also apply to subsequent Agreements between the parties, without Trydent having to send them again, provided that Client received the applicable version with an earlier Agreement.

3.1 Quotations are non-binding and valid for 30 days, unless stated otherwise.

3.2 The Agreement is concluded once Client accepts the quotation or order confirmation In Writing, or once Trydent begins execution at Client's request.

3.3 If Trydent has performed work at Client's request without an agreed price, Client will pay Trydent's hourly rate applicable at that time.

3.4 Any demo, prototype, or proof of concept produced by Trydent at Client's request will be invoiced at the applicable hourly rate, unless agreed In Writing in advance that it is free of charge. Client may not deploy a demo, prototype, or proof of concept in production or have a third party rebuild it without an Agreement with Trydent.

4.1 All prices are in euros and exclusive of VAT (to the extent due) and other levies. If Trydent applies the Dutch small business scheme (kleineondernemersregeling, KOR), it does not charge VAT. If the KOR ends, Trydent charges VAT from that moment, including under ongoing Agreements. This does not entitle Client to terminate or rescind the Agreement.

4.2 Trydent may adjust recurring fees and hourly rates once per calendar year, on 1 January, by at most the Dutch CBS Consumer Price Index (CPI) over the preceding year plus 1 percentage point. Trydent will notify Client at least 30 days in advance.

4.3 If Trydent uses third-party services (such as AI models, hosting, communication services or other cloud services) and their costs increase demonstrably, Trydent may pass on this increase in the interim following Written notification. If this raises the price for Client by more than 10%, Client may terminate the respective Service effective from the date of the increase.

4.4 If Client is established outside the Netherlands and withholding tax or another levy is deducted from payments, Client shall gross up the amount so that Trydent receives the full invoiced amount.

5.1 Invoices must be paid within 14 days of the invoice date, unless agreed otherwise In Writing.

5.2 Recurring fees (licences, subscriptions, hosting, maintenance) are invoiced quarterly in advance, unless agreed otherwise In Writing.

5.3 If the payment term expires, Client is in default without notice of default being required. Client then owes statutory commercial interest on the outstanding amount from the day after the due date until the day of full payment (Article 6:119a Dutch Civil Code).

5.4 Client may not suspend payments or set off claims, except against a claim that Trydent has acknowledged In Writing or that a court has established irrevocably. Objections to an invoice must be submitted In Writing with reasoned justification within 10 business days of the invoice date. The undisputed amount must be paid within the standard term.

5.5 Trydent may require an advance payment or security before or during performance. Trydent is not obliged to commence or continue performance until such payment or security is received.

6.1 If Client fails to pay on time, Trydent may immediately refer the debt for collection. Client will then also owe extrajudicial collection costs of 15% of the outstanding amount, with a minimum of €40 per invoice (Article 6:96(4) Dutch Civil Code), to the extent these costs are reasonable, and court costs to the extent awarded by the court.

6.2 If Client is more than 14 days overdue with payment, Trydent may, following Written notice with a 7-day period, suspend performance of the Agreement to which the arrears relate and of other Agreements connected with it. This includes hosting, access to Software, and support, subject to Article 373 of the Dutch Bankruptcy Act (Faillissementswet).

6.3 During a suspension, Trydent preserves Client's data. Trydent will lift the suspension within 2 business days after all outstanding amounts have been paid.

6.4 A suspension does not affect Client's payment obligations, including recurring fees. Trydent is not liable for damages resulting from a justified suspension.

7.1 Trydent performs the Services to the best of its ability and in accordance with the requirements of good workmanship. This is an obligation of best efforts (inspanningsverplichting), unless a specific result has been explicitly promised In Writing.

7.2 Trydent's total liability is limited to the fees paid by Client under the relevant Agreement in the 12 months preceding the damage-causing event, with a minimum of €5,000 and a maximum of €50,000 per event and €100,000 per calendar year in total. A series of connected events is deemed a single event.

7.3 Trydent is never liable for indirect damages, including consequential damages, lost profits, lost savings, business interruption, corrupted or lost data, and damages arising from third-party claims. For data of which Trydent makes backups under Article 25.2 or the Agreement, the exclusion of lost data does not apply to the reasonable costs of restoring the most recent backup.

7.4 Trydent is not liable for incorrect or incomplete output of AI models (Article 7.8), nor for damages caused by outages or modifications of third-party services that Client purchases or has chosen itself, or of the public internet, telecommunications or electrical power outside Trydent's control. For suppliers that Trydent engages itself, such as the hosting provider, Trydent remains liable within the limits of this article, except to the extent of force majeure as referred to in Article 8.2.

7.5 These limitations do not apply in cases of intent (opzet) or wilful recklessness (bewuste roekeloosheid) by Trydent.

7.6 Client must report damages In Writing as soon as possible, and at the latest within 30 days of discovery. Any claim of Client against Trydent based on a failure to perform or an unlawful act expires 12 months after Client discovered or reasonably should have discovered the damage or failure, unless Client has instituted legal proceedings before that period expires.

7.7 Client indemnifies Trydent against third-party claims, including from end users and customers of Client, related to Client's use of the Services, except to the extent the claim results from an attributable failure or unlawful act of Trydent. This indemnity also applies to third-party claims based on product liability, to the extent the damage was caused by modifications or use by Client outside the agreed specifications.

7.8 Trydent does not warrant that the Software operates without errors or interruptions. Output from AI models may be inaccurate or incomplete. Client remains responsible for verifying and using such output.

7.9 The limitations in this article also apply to the persons Trydent engages in performing the Agreement.

7.10 If Client integrates Software supplied by Trydent as a component into its own product, Client waives its right of recourse against Trydent for liability under the product liability rules (Article 12(2) of Directive (EU) 2024/2853), except in cases of intent or wilful recklessness by Trydent.

7.11 The limitations of this article also apply to claims between the parties in connection with the processing of personal data. Client indemnifies Trydent against claims from data subjects to the extent the damage results from processing in accordance with Client's instructions. For fines and recourse between the parties, Article 15 of the Trydent Data Processing Agreement applies.

7A.1 Trydent may engage third parties in performing the Agreement, such as freelancers, subcontractors and suppliers.

7A.2 Trydent remains responsible towards Client for their work, within the limits of Article 7.

7A.3 If the Agreement states that a specific person performs the work, Trydent may, after consultation with Client, replace that person with someone of comparable knowledge and experience.

7A.4 Article 7:404 Dutch Civil Code does not apply.

7B.1 Trydent performs the Services as an independent entrepreneur, for its own account and risk.

7B.2 Client determines the result it wants and within which framework. Client gives no instructions on the manner in which Trydent performs the work.

7B.3 Trydent determines its own working hours, place of work and tools, unless the nature of the assignment requires otherwise. Trydent may also work for others.

7B.4 The parties do not enter into an employment contract.

8.1 Neither party is liable for a failure to perform caused by force majeure.

8.2 Force majeure also includes: illness or incapacity for work of the owner or director of Trydent who personally performs the Services, to the extent that a substitute named in the Agreement or SLA cannot reasonably take over the obligations; disruptions in internet, telecommunications, or electrical power; and outages or failures of suppliers and third-party services (such as AI and hosting providers). This paragraph applies only to the extent Trydent could not prevent or absorb the circumstance concerned with reasonable measures, such as backups at another location.

8.3 If force majeure lasts longer than 60 days, either party may terminate the Agreement In Writing. What has already been delivered will be paid proportionally.

9.1 Client shall timely supply all information, access, test data, feedback, and approvals required by Trydent.

9.2 If such cooperation is not provided, Trydent may suspend performance and charge the extra costs and hours, including waiting time and rescheduling, at the applicable hourly rate. Agreed time limits are extended accordingly.

9.3 If Client fails to respond to Trydent's requests for more than 14 days, Trydent will send a Written reminder with a 7-day period. If a response is still not received, Trydent may terminate the Agreement with immediate effect. All work performed and costs incurred up to that date become immediately due and payable.

9.4 As the operator of its website, webshop or app, Client is responsible for compliance with the laws and regulations applicable to its services, including the rules on cookies and consent (Article 11.7a Dutch Telecommunications Act), privacy statements, consumer law and the accessibility requirements for products and services. Trydent only builds a cookie banner, consent management or accessibility to a particular standard (such as WCAG 2.1 level AA or EN 301 549) if this is stated in the quotation. Client assesses itself whether its service is subject to the accessibility requirements.

9.5 If Trydent registers domain names for Client, Client provides correct and complete registrant data and keeps it up to date. Trydent may verify and disclose this data to the extent required by law.

10.1 The parties keep all confidential information of the other party secret, during the Agreement and for 3 years thereafter, unless a statutory obligation to disclose applies.

10.2 Trydent may name Client and give a general description of the project as a reference, unless Client objects In Writing.

10.3 During the Agreement and for 12 months thereafter, Client shall not engage, whether as employee or as contractor, outside Trydent, any persons whom Trydent deployed for Client in the preceding 12 months (such as freelancers and subcontractors). Trydent may grant permission In Writing and will not refuse it on unreasonable grounds. In case of breach, Client pays a penalty of €10,000.

11.1 The parties comply with the General Data Protection Regulation (GDPR / AVG).

11.2 If Trydent processes personal data on behalf of Client, Trydent is the processor and Client the controller. In that case the Trydent Data Processing Agreement applies, which is provided as an annex to these terms, unless the parties conclude another data processing agreement within the meaning of Article 28 GDPR In Writing. In case of conflict, the data processing agreement prevails over these terms.

11.3 Client warrants that it processes personal data lawfully and, where necessary, informs data subjects (such as end users and customers of Client), including about the use of AI.

11.4 Trydent notifies a personal data breach concerning Client without undue delay, and where possible within 48 hours after becoming aware of it, with the information referred to in Article 33(3) GDPR to the extent available. Trydent provides missing information as soon as it becomes available.

11.5 For data that Trydent processes for its own business operations, such as contact details, invoicing, support messages and security logs, Trydent is itself the controller.

12.1 The duration of the Agreement is specified in the quotation or order confirmation. For recurring Services, Part C applies.

12.2 Either party may rescind the Agreement if the other party, after a Written notice of default with a reasonable period of at least 14 days, fails to perform a material obligation.

12.3 Either party may terminate the Agreement with immediate effect if the other party is declared bankrupt, applies for suspension of payments, is declared subject to the statutory debt rescheduling scheme for natural persons (WSNP) or ceases its business, subject to Article 373 of the Dutch Bankruptcy Act.

12.4 Upon termination, all outstanding invoices and the fees for work performed and costs incurred up to that point become immediately due and payable. Amounts already invoiced for work performed will not be refunded.

12.5 Provisions that by their nature are intended to survive termination, such as those regarding liability, confidentiality, and intellectual property, remain in effect thereafter.

12A.1 Client may terminate In Writing, at any time, an Agreement that ends upon delivery or completion (such as a project under Part B), including before the start. For recurring Services, Article 22 applies.

12A.2 Upon termination, Client pays:

• the hours worked and costs incurred up to the termination;

• the costs of third parties that Trydent has committed to for Client and cannot cancel;

• a fee for reserved capacity of 25% of the not yet invoiced part of the budget or fixed price, to the extent Trydent cannot deploy that capacity otherwise.

12A.3 Instalments already paid are set off against this. Any overpayment is refunded by Trydent.

12A.4 Client receives the work produced up to that point once it has paid the amounts under paragraph 2.

12A.5 Article 7:764 Dutch Civil Code does not apply.

13.1 All intellectual property rights in the Software and all other results of the Services are vested in Trydent, unless the parties have expressly agreed upon an assignment In Writing (see Article 20). Data, texts, images and other materials that Client supplies or enters into the Software, and the output generated from them for Client, remain Client's. Client grants Trydent a right to use them to the extent necessary for performing the Agreement.

13.2 Client receives a non-exclusive and non-transferable right of use for the purpose and duration set out in the Agreement. The right of use takes effect upon commissioning and applies as long as Client meets its payment obligations. If Client fails to do so, Trydent may suspend the right of use in accordance with Article 6.2. If the Agreement states no duration, the right of use is perpetual for delivered custom software and, for recurring Services, equal to the term of the Agreement.

13.3 Client may not reproduce, modify, decompile, resell, or make the Software available to third parties, unless the Agreement or the law expressly permits it.

13.4 Trydent always retains the rights to its own know-how, methods, libraries, frameworks, and reusable components, and may also use them for other clients.

13.5 Goods supplied by Trydent (such as hardware) remain Trydent's property until Client has paid: the price of those goods, the work Trydent performs for Client under the same Agreement, and what Client owes because it fails to perform that Agreement. Until then, Client may not pledge these goods or transfer ownership of them to third parties, except on resale in the ordinary course of its business. If Client does not pay on time, Trydent may repossess these goods. Client grants Trydent access for that purpose.

13.6 Trydent may use AI tools in performing the Agreement. Output generated without a substantial human creative contribution may not be protected by copyright. Trydent does not warrant that intellectual property rights subsist in such output or that Client can use it exclusively. Where these terms assign or grant rights, this applies to the extent those rights exist.

14.1 Trydent may amend these terms and conditions. Amendments apply to ongoing Agreements 30 days after Trydent has notified them In Writing. If Client objects within this period, the previous terms remain in force for that Agreement until the end of the current period.

14.2 If a provision is void or annulled, the remaining provisions remain in force. The parties will replace the provision with a valid one that reflects the same purport as closely as possible.

14.3 All Agreements are governed by Dutch law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.4 Disputes are submitted to the District Court of Oost-Brabant, without prejudice to the jurisdiction of the subdistrict court (kantonrechter) and Trydent's right to bring proceedings before the court competent under the law. If Client is established outside the Netherlands, the District Court of Oost-Brabant has jurisdiction (Article 25 of Regulation (EU) No 1215/2012); Trydent may also summon Client before the competent court in another EU Member State. The parties first attempt to resolve a dispute through mutual consultation for 14 days. This does not apply to the collection of unpaid invoices.

14.5 In the event of any conflict between the Dutch text and a translation, including this English translation, the Dutch text prevails.

14.6 Client agrees in advance to the transfer of the Agreement by Trydent, together with (the relevant part of) Trydent's business, to a legal entity in which Yvan de Wert directly or indirectly holds the majority of the shares. Trydent will notify Client of a transfer In Writing; the terms of the Agreement remain unchanged and any data processing agreement transfers along with it.

14.7 Client may not transfer rights and obligations under the Agreement to a third party without Trydent's Written consent.

15.1 Trydent determines how the work is executed. Stated time limits and delivery dates are targets and never strict deadlines (fatale termijnen), unless expressly agreed otherwise In Writing.

15.2 If Trydent exceeds a time limit, Client must first give Trydent Written notice of default with a reasonable period to still perform.

15.3 Trydent may work in phases or sprints and invoice per phase. Trydent is not obliged to start a next phase before the previous phase has been paid.

16.1 Prices and hours in a quotation are a reasoned estimate (budget), unless the quotation explicitly states a fixed price. Under a budget, Trydent invoices the hours actually spent at the agreed hourly rate.

16.2 If Trydent expects the budget to be exceeded by more than 10%, it will notify Client In Writing as soon as this becomes clear, stating the cause and a new estimate. Client then chooses within 5 business days: continue, reduce the scope, or stop after paying for the work performed. If Client does not choose, Trydent continues. Overruns caused by additional work (Article 18) or insufficient cooperation by Client (Article 9) do not count towards this 10%.

16.3 Unless the quotation provides otherwise, Client pays in three instalments:

• First instalment: 40% of the budget or fixed price upon acceptance of the quotation, before the start of the work.

• Second instalment: 40% of the budget or fixed price, due as soon as the first of the following moments is reached: (a) Trydent makes available a test version in which at least 70% of the components named in the quotation work, counted by number of components; (b) Trydent has spent 60% of the budgeted hours; or (c) 8 weeks after the start, or the date in the quotation, unless the delay is attributable to Trydent.

• Final instalment: upon acceptance (Article 19). Under a budget, this is the amount for the hours actually spent, minus the instalments already paid. If the total is lower than what has already been paid, Trydent credits the difference. For a fixed price, the final instalment is 20% of the price.

16.4 An instalment is also due if not all components are finished yet. Outstanding components and defects are completed in the next phase and are no reason to suspend payment.

16.5 With the invoice for the second instalment, Trydent sends a brief overview of the working components or the hours spent, so that Client can see which moment has been reached.

16.6 For work without a budget (time and materials, nacalculatie), Trydent invoices the hours worked every 4 weeks. Trydent may request an advance in the form of a prepaid hour bundle.

16.7 Travel expenses, third-party licences and usage costs of external services (such as AI models, hosting and communication services) are not included in the price, unless the quotation explicitly states otherwise.

17.1 Trydent keeps time records with a brief description of the work and sends them with each invoice or upon request.

17.2 Objections to the time records count as objections to the invoice and must be submitted in accordance with Article 5.4.

18.1 Work outside the agreed scope is additional work (meerwerk). This also includes work resulting from changed requirements, incorrect information from Client or changes in third-party services.

18.2 Trydent announces additional work in advance with an indication of hours or costs. If Client does not object In Writing within 5 business days, the additional work is deemed commissioned. If the announced additional work exceeds 10% of the budget or €2,500, Trydent only performs it after a Written order from Client. Trydent states in the announcement that, absent objection, the additional work is deemed commissioned.

18.3 Additional work is invoiced at the applicable hourly rate, unless a fixed price has been agreed In Writing.

19.1 After delivery, Client has 10 business days to test the Software. Client reports defects during this period In Writing, with reasons, and in a reproducible manner.

19.2 The Software is deemed accepted if: (a) Client reports no defects within the testing period; (b) Client puts the Software into production; or (c) after remedy of reported defects, Client reports no new blocking defects in the remedied components within 5 business days.

19.3 Client may only refuse acceptance for defects that prevent the use of essential functionality. Minor defects and cosmetic points are no reason for refusal; Trydent remedies these within a reasonable period.

19.4 For 90 days after acceptance, Trydent remedies free of charge reproducible defects that fall within the agreed specifications. The warranty lapses if Client or a third party has modified the Software or uses it outside the agreed environment.

19.5 Article 7.8 applies.

19.6 After the warranty period, maintenance and support are provided under a separate agreement (Part C) or at the applicable hourly rate.

20.1 Intellectual property rights only pass to Client if the Agreement expressly provides so. The assignment takes place by Written deed and only after Client has paid all amounts due.

20.2 An assignment never covers the components named in Article 13.4, open source software or third-party software. For those components, Client receives a perpetual, non-exclusive right of use to the extent necessary for using the delivered Software; for open source software and third-party software, the licence terms of the relevant rights holder apply, which Trydent provides upon request.

20.3 If no assignment has been agreed, Client has no right to the source code. The parties may agree on an escrow arrangement in case Trydent ceases its activities; the costs are borne by Client.

20.4 Upon request, Trydent provides an overview of the open source components used and their licences. If Client further distributes the Software, Client complies with the terms of those licences, such as attribution and making source code available.

20.5 As long as Client has not paid amounts due under the Agreement, Trydent may retain delivered Software, source code and documents. This does not apply to Client's data or to what Trydent must provide under Article 27A.

21.1 For the duration of the Agreement, Client receives a non-exclusive, non-transferable right to use the Software for its own business operations, within the agreed quantities (such as users, devices, workstations or transactions).

21.2 If Client uses more than agreed, Trydent invoices the excess usage at the applicable rates, retroactively from the moment the excess usage began.

21.3 Resale or use by or for third parties is only permitted under a separate Written reseller agreement.

22.1 The Agreement for recurring Services is entered into for 12 months, unless agreed otherwise.

22.2 Thereafter, the Agreement is tacitly renewed for successive periods of 12 months, unless a party terminates In Writing no later than 3 months before the end of the current period. Article 27A continues to apply in full. For electronic communication services that Trydent supplies itself (such as telephony and text messaging via telephone numbers), the following applies instead: after the initial term, the Agreement continues for an indefinite period and Client may terminate at any time free of charge with a notice period of one month.

22.3 Early termination by Client is not possible, except in the cases of Articles 4.3, 8.3, 12, 26.1 and 27A and the cases set out in a data processing agreement. In case of early termination due to a failure of Client, the fees remain payable until the end of the current period.

23.1 The recurring fee commences on the date of commissioning or on the planned go-live date in the Agreement, whichever is earlier. This does not apply if the delay is attributable to Trydent.

23.2 Volume-dependent usage costs (such as AI consumption, API calls, messages, call minutes or storage) are invoiced monthly in arrears, at the rates in the Agreement.

23.3 Trydent may set a monthly cap or request an advance for volume-dependent costs. When the cap is reached, Trydent consults with Client before the cap is raised.

24.1 Trydent uses reasonable efforts to keep the Software available. An availability percentage and response and resolution times only apply if agreed in a separate service level agreement (SLA).

24.2 Trydent may perform maintenance that makes the Software temporarily unavailable. Trydent announces planned maintenance 48 hours in advance where possible and performs it outside office hours as far as possible.

24.3 Trydent may adapt and improve the Software. Essential functionality will not be removed without consultation.

24.4 Support is provided by email on business days between 8:00 and 17:00, unless agreed otherwise in an SLA.

24.5 If Client places Software developed by Trydent on the market under its own name, Client is the manufacturer within the meaning of the Cyber Resilience Act (Regulation (EU) 2024/2847). Trydent notifies Client without undue delay, and where possible within 24 hours, of an actively exploited vulnerability or severe incident in that Software of which it becomes aware. Security updates after the warranty period fall under a maintenance agreement. Deviations from secure-by-default settings only apply if agreed In Writing by the parties.

25.1 Data that Client enters into the Software remains Client's (Article 13.1).

25.2 Trydent makes a daily backup of the data it hosts and retains backups for 30 days.

25.3 Trydent takes appropriate technical and organisational security measures. The measures are set out in Annex 2 of the Trydent Data Processing Agreement. For personal data breaches, Article 11.4 applies.

25.4 Client is responsible for its own login credentials, for user management and for the accuracy of the data entered.

25.5 If Client is subject to the Dutch Cybersecurity Act (Cyberbeveiligingswet), Trydent reasonably cooperates with questions about supply chain security. Assistance beyond completing a customary questionnaire is charged at the applicable hourly rate.

25A.1 Client is responsible for all content that it or its users store or publish via the services hosted by Trydent. Client ensures that this content is not unlawful.

25A.2 It is not permitted to use the hosted services to distribute, among other things, illegal content, content infringing third-party rights, malware, phishing, spam, fraud or child sexual abuse material, or to attack the systems of Trydent or third parties.

25A.3 Anyone can report illegal content via abuse@trydent.nl. A notice contains the reason, the exact URL, the name and email address of the notifier (except for notices concerning child sexual abuse) and a statement that the notice is made in good faith and is complete. Trydent confirms receipt and informs the notifier of its decision.

25A.4 Trydent assesses notices carefully, objectively and in a timely manner, by a human. Trydent does not actively monitor content. If content is, in Trydent's opinion, clearly illegal or in breach of this article, Trydent may disable access to that content or suspend the Service in whole or in part. Trydent then gives Client a clear statement of reasons and the opportunity to object within 14 days via abuse@trydent.nl. Client may also go to court or to an out-of-court dispute settlement body.

25A.5 Trydent reports a suspicion of a criminal offence that threatens the life or safety of persons to the competent authorities.

25A.6 The point of contact for authorities and users is abuse@trydent.nl. Communication is possible in Dutch and English.

26.1 The Software may use AI models and third-party services. Trydent may replace a supplier with an equivalent one, if this has no material adverse consequences for Client. If the supplier is a sub-processor of personal data, Trydent gives at least 30 days' Written notice of the intended addition or replacement; Client may object with reasons within that period and, if the parties find no solution, terminate the Service concerned effective from the date of the change. In an emergency, Article 8.3 of the Trydent Data Processing Agreement applies.

26.2 Who is the provider or deployer within the meaning of the AI Act (Regulation (EU) 2024/1689) follows from the law. If Trydent offers its own AI service under its own name, Trydent is the provider. If Client has an AI system built that it puts into service or places on the market under its own name, Client is as a rule the provider; Trydent then assists with compliance at the applicable hourly rate. The parties record the allocation of roles per AI system in the quotation.

26.3 If an AI system communicates directly with natural persons, such as an AI assistant or voice agent, the person is informed at the latest at the first interaction that they are communicating with AI. If the system generates synthetic audio, images, video or text, the output is marked in a machine-readable format where technically feasible. Client does not disable these measures.

26.4 As deployer, Client is responsible for the obligations of Article 26 and Article 50(3) and (4) of the AI Act, for the use of AI towards its own customers and end users, and for measures to support the AI literacy of its own staff (Article 4 AI Act). Trydent provides instructions for use for that purpose.

26.5 Client does not use the Software for unlawful purposes. In case of misuse, Trydent may suspend access; for hosted content, Trydent follows the procedure of Article 25A.4.

26.6 Trydent does not use Client's data to train AI models and selects AI suppliers that do not do so either, unless Client permits otherwise In Writing. For personal data, Article 4.4 of the Trydent Data Processing Agreement applies.

26.7 Without a Written arrangement, Client does not enter special categories of personal data, criminal data or citizen service numbers (BSN) into AI functionality.

26A.1 Client does not use the Software for an AI practice that is prohibited under Article 5 of the AI Act, such as manipulation, exploitation of vulnerabilities, emotion recognition in the workplace or in education, or generating intimate images of identifiable persons without consent.

26A.2 Client does not use the Software as or in a high-risk AI system (Article 6 and Annex III of the AI Act), such as for recruitment and selection, decisions about staff, creditworthiness, access to essential services or evaluating emergency calls, unless the parties have agreed this In Writing in advance with a separate price and allocation of tasks.

26A.3 If Client nevertheless uses the Software for such a purpose, Client is responsible for it as provider (Article 25 AI Act). Client indemnifies Trydent against the consequences and Trydent may suspend the functionality concerned; Article 26.5 applies.

27.1 Upon termination, Client's right of use ends.

27.2 Upon Client's request, made within 30 days after termination, Trydent provides Client's data in a structured, commonly used and machine-readable file format.

27.3 No later than 60 days after termination, Trydent deletes Client's data from the production environment, unless a statutory retention obligation applies. Backups then expire automatically after the retention period of Article 25.2.

27.4 Trydent provides assistance with the transition to another supplier in accordance with Article 27A. In case of conflict, Article 27A prevails.

27A.1 Client may, with a notice period of at most two months, request to switch to another provider or to its own infrastructure, or request erasure of its exportable data and digital assets (Article 25 of the Data Act, Regulation (EU) 2023/2854).

27A.2 During a transition period of at most 30 calendar days, starting after the notice period, Trydent provides reasonable assistance to Client and to third parties designated by Client, acts with due care to maintain business continuity, continues the Service, informs Client of known risks to continuity and ensures a high level of security throughout the switching process, including during the data transfer and the retrieval period. Trydent delivers all exportable data and digital assets of Client (at least all input and output data, including metadata, generated by Client's use of the Service), except data relating exclusively to the internal functioning of the Service whose export would infringe Trydent's trade secrets, in a structured, commonly used and machine-readable format. The full list of exportable data and digital assets, and of the excluded categories, is set out in the service description accompanying the quotation. Trydent supports Client's exit strategy and provides all relevant information for it.

27A.3 If a transition period of 30 calendar days is technically not feasible, Trydent notifies Client within 14 working days after the switching request, with a duly substantiated justification and an alternative transition period of at most seven months, during which the Service continues. Client may extend the transition period once by a period Client considers more appropriate.

27A.4 After the transition period ends, Client can retrieve its data for at least 30 more days. Trydent then erases the data, unless a statutory retention obligation applies.

27A.5 No later than the end of the notice period, Client informs Trydent whether it is switching to another provider, to its own infrastructure, or wishes erasure of its exportable data and digital assets. When switching to another provider, Client provides the necessary details of that provider. The Agreement ends, and Trydent confirms this In Writing, upon completion of the switch or, if Client only wishes erasure, at the end of the notice period.

27A.6 Until 12 January 2027, Trydent charges for the switching process at most the costs directly related to the switch concerned. From 12 January 2027, Trydent charges no switching charges, except in the case of paragraph 8.

27A.7 If the Agreement ends because of a switch before the end of an agreed minimum term, a proportionate early termination fee stated in the quotation before conclusion of the Agreement remains payable. This fee is not a switching charge within the meaning of Article 29 of the Data Act.

27A.8 If a Service consists largely of functionality custom-built for Client and is not offered at broad commercial scale, Article 23(d), Article 29 and Article 30(1) and (3) of the Data Act do not apply to it (Article 31 Data Act). For those Services, Trydent may charge reasonable switching charges specified in advance. Trydent states in the quotation whether this is the case and which obligations then do not apply.

27A.9 Before conclusion of the Agreement, Trydent states in the quotation the standard fees, any early termination fee and any switching charges, and informs Client of the available switching and export procedures, formats and known technical limitations. An up-to-date overview of data structures, data formats and applied standards, and information on the jurisdiction to which the ICT infrastructure used is subject and on the measures against unlawful access by foreign governments to non-personal data (Articles 26 and 28 Data Act), is available at trydent.nl/hosting-en-gegevens.

28.1 The risk of the goods passes to Client upon delivery.

28.2 Client inspects the goods upon delivery. Client reports visible defects In Writing within 5 business days, and other defects within 14 days after discovering them or when it reasonably could have discovered them.

28.3 Only the manufacturer's warranty applies to goods. Trydent passes it on to Client. Any further warranty only applies if agreed In Writing.

28.4 Costs of transport, installation and configuration are not included in the price, unless the quotation states so.

28.5 Article 13.5 applies to the ownership of supplied goods.