Terms and conditions
These terms and conditions apply to the use of Trainiq, the online course administration software for training providers. Read them carefully before entering into an Agreement with us.
Article 1. Definitions
1.1. Trainiq: Trainiq B.V., with its registered office at Einsteinlaan 28, 2289 CC Rijswijk, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 42053044, e-mail info@trainiq.nl.
1.2. Client: the legal entity or natural person acting in the course of a profession or business with whom Trainiq concludes an Agreement for the use of the Service, together with the Users authorised by that Client.
1.3. Service: the online course administration platform Trainiq, with which the Client manages bookings, courses, sessions, certificates, invoicing and participant data, including the participant portal, the booking widget, the WordPress and Joomla integrations and all related functionality.
1.4. Records: all data the Client or a User enters into the Service, together with the data the Service generates itself (such as invoices, certificates and audit logs).
1.5. User: a natural person who has access to the Service on behalf of the Client (employee, planner, instructor, administrator).
1.6. Participant: an end user of the Client's training whose data is administered through the Service.
1.7. Agreement: the agreement between Trainiq and the Client under which Trainiq provides the Service to the Client, including these Terms and Conditions and any related quotes or order confirmations.
1.8. Party: each party to the Agreement.
1.9. Website: trainiq.nl, training-provider subdomains on trainiq.nl, and any other subdomains or replacement domains Trainiq uses for the Service.
1.10. Terms and Conditions: these terms and conditions.
Article 2. Applicability and performance
2.1. These Terms and Conditions apply to all offers, Agreements and deliveries by Trainiq, unless expressly agreed otherwise in writing.
2.2. Purchasing or other conditions of the Client are expressly rejected.
2.3. Trainiq may engage third parties in performing (parts of) its Agreements. Where those third parties process personal data, article 23 applies.
Article 3. Conclusion of the Agreement
3.1. An Agreement is concluded when the Client accepts an offer or quote from Trainiq in writing or by e-mail, or when the Client registers through an online sign-up form and Trainiq accepts the registration.
3.2. Trainiq may refuse a request or registration without giving reasons.
Article 4. Start of the Agreement
4.1. The Agreement starts on the effective date stated in the offer or order confirmation or, failing that, on the date Trainiq accepts the registration.
4.2. The Client receives a confirmation of acceptance by e-mail.
Article 5. Termination of the Agreement
5.1. The Agreement is entered into for the term stated in the offer. If no other term is stated, the initial term is one month, tacitly renewed by one month each time.
5.2. Both the Client and Trainiq may terminate the Agreement by e-mail or in writing with one month's notice, effective at the end of the current month.
5.3. Periods already invoiced or started are not refunded on early termination.
Article 6. Force majeure
6.1. Neither Party is required to perform any obligation if prevented from doing so by force majeure. Force majeure includes: failures or outages of the internet, telecommunications infrastructure, hosting services or power supply, denial-of-service attacks, pandemics, war, terrorism, government measures, and failures of suppliers or sub-processors.
6.2. If a force majeure situation lasts longer than thirty (30) days, either Party may terminate the Agreement with immediate effect without owing any compensation.
Article 7. Fees
7.1. The applicable fees are stated in the offer or order confirmation. All amounts exclude VAT unless stated otherwise.
7.2. Trainiq may adjust its fees annually on 1 January based on the consumer price index (Statistics Netherlands, CBS, all households) for the previous calendar year.
7.3. Fee changes beyond that index are announced in writing or by e-mail at least two (2) months before they take effect. If the Client does not agree to a change exceeding the CBS index, the Client may terminate the Agreement as of the date the change takes effect.
Article 8. Payment terms
8.1. Invoices are sent monthly in advance and are payable within fourteen (14) days of the invoice date, unless agreed otherwise in the Agreement.
8.2. Trainiq may collect recurring amounts by direct debit (SEPA mandate) or through a payment link (Mollie or similar).
8.3. In the event of late payment the Client owes, without notice of default, the statutory commercial interest (art. 6:119a of the Dutch Civil Code) as well as extrajudicial collection costs under the Dutch Extrajudicial Collection Costs Act (WIK).
8.4. If payment is more than thirty (30) days overdue, Trainiq may suspend access to the Service after prior warning by e-mail. Access is restored once the outstanding amount has been paid.
Article 9. Access and new versions
9.1. Trainiq provides the Service as software as a service: the Client receives no copy of the software but gets access over the internet.
9.2. Trainiq regularly releases new versions and functionality. During the term of the Agreement the Client is entitled to use the version current at that time.
9.3. Trainiq is not obliged to keep specific (older) versions or functionality available. If a change reduces functionality, Trainiq announces it in good time.
9.4. Trainiq owes no compensation or refund in connection with changing, extending or limiting functionality as described in this article.
Article 10. Terms of use
10.1. The Client uses the Service solely for its own course administration and will not sublet, resell or offer the Service to third parties as a white-label platform, except with Trainiq's express written consent.
10.2. The Client will not do anything that could harm the operation or availability of the Service, including: automated traffic that exceeds reasonable usage limits, penetration tests without prior written consent, or storing unlawful content.
10.3. The Client is responsible for the careful management of its Users' login credentials and for all activity that takes place under its account.
10.4. Without prejudice to its other rights under the law or the Agreement, Trainiq reserves the right, in the event of a breach of this article or a well-founded suspicion of one, to suspend access to the Service immediately or to dissolve the Agreement. In that case Trainiq owes no compensation or refund for the remaining term or for prepaid periods.
Article 11. Maintenance
11.1. Trainiq carries out regular maintenance outside office hours wherever possible (Dutch time, Mon to Fri 08:00 to 18:00). Where foreseeable, maintenance windows are announced at least 24 hours in advance through a status notice in the Service or by e-mail.
11.2. Urgent maintenance (security patches, for example) may be carried out without prior notice; an explanation follows afterwards.
Article 12. Support
12.1. Trainiq offers support by e-mail (info@trainiq.nl) and, where agreed, by telephone. Support is available on working days during office hours.
12.2. Trainiq aims to give a first response to reports within one (1) working day. Trainiq does not guarantee specific resolution times unless agreed in a separate SLA.
12.3. Trainiq makes an effort to answer questions adequately but does not warrant the accuracy or completeness of advice or answers given as part of support. Support is limited to functional topics relating to the Service.
Article 13. Licence
13.1. For the term of the Agreement Trainiq grants the Client a non-exclusive, non-transferable and non-sublicensable right to use the Service for the purpose described in article 10.1.
13.2. The right of use ends when the Agreement ends. The Client may request an export of its Records up to and including thirty (30) days after termination; after that Trainiq deletes the data in accordance with article 31.
Article 14. Intellectual property
14.1. All intellectual property rights in the Service (source code, design, logo, documentation, content supplied by Trainiq) belong to Trainiq or its licensors.
14.2. All intellectual property rights in the Records, and in the logos, branding and content the Client places in the Service itself, belong to the Client. The Client grants Trainiq a non-exclusive licence to that content to the extent needed to provide the Service.
14.3. Trainiq's WordPress plugin and Joomla extensions are published separately under their own open-source licence (GPLv2 or later); the terms of that licence apply to the use of those plugins in addition to these Terms and Conditions.
Article 15. Liability
15.1. Trainiq's total liability towards the Client for an attributable failure or on any other basis is limited, per event (a series of related events counting as one event), to the amount the Client paid to Trainiq in the twelve (12) months preceding the event causing the damage, up to a maximum of € 25,000.
15.2. Liability for indirect damage, including consequential damage, lost profit, missed savings, damage from business interruption, and loss or corruption of data, is excluded.
15.3. The limitations in this article do not apply to damage resulting from intent or deliberate recklessness on the part of Trainiq's management.
15.4. Trainiq is not liable for damage arising from misuse by third parties of data stored in the Service by or through the Client, unless that misuse was caused by an attributable failure in Trainiq's security measures as described in article 25.
15.5. The Client indemnifies Trainiq against third-party claims arising from the storage, exchange or publication, by the Client or its Users using the Service, of information that is unlawful or infringes the rights of third parties.
Article 16. Transfer of rights and obligations
16.1. The Client may not transfer its rights and obligations under the Agreement to a third party without Trainiq's prior written consent.
16.2. Trainiq may transfer its rights and obligations under the Agreement as part of a transfer of its business or of (part of) its business activities, provided the Client is informed in good time. In the event of such a transfer the Client may terminate the Agreement with immediate effect.
Article 17. Rights and obligations of the Client
17.1. The Client ensures that its Records are entered correctly and completely.
17.2. The Client is responsible for complying with its own legal obligations, including the duty to inform Participants under article 13 GDPR, maintaining its own privacy statement, and its retention policy for its own Records.
17.3. The Client ensures that it has a sufficient legal basis (consent, performance of a contract, legitimate interest, legal obligation) for processing its Participants' personal data through the Service.
17.4. The Client indemnifies Trainiq against third-party claims arising from any failure to comply, or to comply correctly, with the obligations in this article.
Article 18. Rights and obligations of Trainiq
18.1. Trainiq makes an effort to provide the Service as described on its website and in its marketing material.
18.2. Trainiq takes appropriate technical and organisational measures as described in article 25.
18.3. Trainiq may change, extend or limit the functionality of the Service, as long as this does not affect its essential functionality.
Article 19. Maintenance, outages and liability
19.1. Trainiq aims for an availability of the Service of 99.5% per year, measured outside planned maintenance windows.
19.2. Outages are resolved as quickly as possible. Trainiq is not liable for damage arising from unavailability of the Service, subject to article 15.
19.3. The following periods do not count in the availability measurement: announced maintenance (art. 11.1), urgent maintenance (art. 11.2), force majeure (art. 6), and outages caused by the Client or by third-party services or integrations outside Trainiq's control.
Article 20. Personal dataDPA
20.1. From article 20 up to and including article 29, these Terms and Conditions also form the data processing agreement between the Client (controller) and Trainiq (processor) referred to in article 28 GDPR.
20.2. As part of the Service, Trainiq processes among others the following categories of personal data on behalf of the Client:
- Identification data of Participants (first and last name, e-mail, telephone, date of birth and, where legally required, citizen service number (BSN))
- Course and booking data (attendance, presence, certificates obtained)
- Invoice data (amounts, status, transaction references)
- Identification data of Users (name, e-mail, role)
- Technical data (IP address, user agent, audit log)
20.3. Trainiq processes this data solely to perform the Agreement and on the Client's written instruction, where accepting these Terms and Conditions and using the Service count as that instruction.
Article 21. Purposes of processingDPA
21.1. The purposes for which Trainiq processes personal data on behalf of the Client are limited to:
- Providing the Service (bookings, planning, invoicing, certification, communication with Participants)
- Meeting Trainiq's legal obligations (for example the retention period for invoices under art. 52 of the Dutch General Tax Act, AWR)
- Improving the Service and performing technical maintenance in aggregated and anonymised form, provided no personal data remains identifiable
- Performing security and fraud-risk analyses at platform level (for example detecting abnormal traffic)
21.2. Trainiq does not process the personal data for its own commercial purposes, for marketing to Participants, or for training general machine-learning models.
Article 22. Obligations of the processorDPA
22.1. Trainiq processes personal data solely in accordance with the Client's instructions, unless a legal obligation requires otherwise.
22.2. Trainiq gives the Client reasonable assistance with any data protection impact assessments (DPIA) that may be needed and with prior consultation of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
22.3. On reasonable request, Trainiq provides the Client with all information needed to demonstrate compliance with the obligations under article 28 GDPR.
Article 23. Transfer of personal dataDPA
23.1. Trainiq engages sub-processors for, among other things, hosting, e-mail delivery, payment processing, bookkeeping and AI assistance. The current list of sub-processors is published at trainiq.nl/subverwerkers.
23.2. By accepting these Terms and Conditions the Client gives Trainiq general prior authorisation to engage the sub-processors named in that list. Trainiq remains responsible towards the Client for those sub-processors' compliance with the obligations arising from article 28 GDPR.
23.3. Trainiq announces new sub-processors, or the replacement of an existing one, in good time and at least thirty (30) days in advance through the sub-processor list. If the Client raises a reasoned objection to a new sub-processor, the Parties consult; if no solution is found, the Client may terminate the Agreement with immediate effect.
23.4. All sub-processors process personal data within the European Economic Area (EEA). Should a transfer outside the EEA become unavoidable in the future, it takes place solely under an appropriate transfer mechanism (such as standard contractual clauses or an adequacy decision) and the Client is informed in advance.
Article 24. Division of responsibilityDPA
24.1. The Client is the controller within the meaning of the GDPR for the personal data it processes through the Service. Trainiq is the processor and acts solely on the Client's instructions.
24.2. The Client is responsible for: the legal basis of the processing, informing Participants about the processing (art. 13 GDPR), responding to requests from data subjects, and complying with its own retention policy.
24.3. Trainiq is responsible solely for meeting its obligations as processor as described in these Terms and Conditions and the GDPR. Trainiq is expressly not responsible for the Client's wider GDPR compliance or for processing that takes place outside the scope of the Service.
Article 25. SecurityDPA
25.1. Trainiq takes appropriate technical and organisational measures to protect personal data, including at least:
- Encryption of traffic (TLS 1.2 or higher, with HSTS)
- Encryption at rest of database volumes and backups
- Login through a passwordless magic link or passkey; Trainiq stores no passwords
- Role-based access control within the platform
- An audit log of administrative actions
- Isolated data per training provider
- Daily, tested backups
- A confidentiality obligation for everyone who processes personal data
25.2. The measures are reviewed periodically and adjusted in response to relevant developments. The current security policy is published at trainiq.nl/beveiliging.
Article 26. Duty to notifyDPA
26.1. Trainiq informs the Client without undue delay, and in any case within 48 hours of discovery, of a data breach affecting the personal data of the Client's Participants or Users.
26.2. Trainiq provides the Client with all information the Client reasonably needs to meet its own duty to notify the Dutch Data Protection Authority (within 72 hours) and/or the data subjects.
26.3. The Client decides whether to notify the Dutch Data Protection Authority or the data subjects; Trainiq only makes notifications on its own initiative where it is itself obliged to do so as processor.
Article 27. Handling requests from data subjectsDPA
27.1. Requests from Participants or other data subjects under articles 15 to 22 GDPR are handled by the Client itself.
27.2. Trainiq offers the Client the functionality available in the Service (such as export, correction, deletion and blocking) to handle these requests efficiently.
27.3. If a data subject contacts Trainiq directly, Trainiq refers the data subject to the Client and informs the Client of the request.
Article 28. ConfidentialityDPA
28.1. The Parties ensure that everyone (employees, contractors, directors) who has access to personal data or other confidential information of the other Party is bound by confidentiality.
28.2. The confidentiality obligation remains in force after the Agreement ends.
Article 29. AuditDPA
29.1. The Client may carry out, or have carried out, an audit at most once per calendar year to verify Trainiq's compliance with the obligations arising from article 28 GDPR.
29.2. Instead of or in addition to an audit, Trainiq may refer to current audit reports, security certifications (for example ISO 27001 / NEN 7510, where applicable) and the security policy published on the website.
29.3. The costs of an audit are borne by the Client, unless the audit reveals serious shortcomings on Trainiq's side; in that case Trainiq bears the costs.
29.4. An audit disrupts Trainiq's normal operations as little as possible and is announced at least four (4) weeks in advance.
Article 30. Liability under the GDPR
30.1. The limitation of liability in article 15 applies in full to all claims under the data processing agreement (articles 20 to 29), except where mandatory law prevents this.
30.2. If the Dutch Data Protection Authority imposes a fine on Trainiq as a result of a failure on the Client's side (for example unlawful instructions or a missing legal basis), the Client must reimburse that fine to Trainiq.
30.3. Any claim for damages by the Client against Trainiq under the data processing agreement (articles 20 to 29) lapses twelve (12) months after the claim arose, unless the Client reported the claim to Trainiq in writing, with reasons, within that period.
Article 31. Term and termination
31.1. The Agreement ends by termination in accordance with article 5, by early dissolution on the grounds of an attributable failure, or by the bankruptcy, suspension of payments or liquidation of a Party.
31.2. When the Agreement ends, Trainiq gives the Client thirty (30) days to export its Records. After that the personal data is deleted within a reasonable period, except for data Trainiq is legally required to keep (for example invoices under art. 52 of the Dutch General Tax Act, AWR).
31.3. Obligations that by their nature are intended to survive the end of the Agreement, including article 14 (intellectual property), article 15 (liability) and article 28 (confidentiality), remain in full force after termination.
Article 32. Disputes and applicable law
32.1. The Agreement and these Terms and Conditions are governed exclusively by Dutch law.
32.2. Disputes arising from or relating to the Agreement are submitted exclusively to the competent court in The Hague (district of The Hague, which includes Rijswijk as Trainiq's place of business), unless mandatory law designates another court.
32.3. If one or more provisions of these Terms and Conditions are declared invalid, void or unenforceable by a court, the remaining provisions remain in full force.
32.4. In that case the Parties consult to replace the void or unenforceable provision with one that comes as close as possible to the purpose and intent of the original provision.
Article 33. Changes to the Terms and Conditions
33.1. Trainiq may change these Terms and Conditions. Substantial changes are announced by e-mail or through a notice in the Service at least thirty (30) days before they take effect.
33.2. If the Client does not agree to a substantial change, the Client may terminate the Agreement as of the date the change takes effect. Continued use of the Service after that date counts as acceptance.
33.3. The current binding version of the Terms and Conditions is always at trainiq.nl/voorwaarden (in Dutch), with the effective date at the top.
Contact details
Trainiq B.V.
Chamber of Commerce (KvK) 42053044
E-mail: info@trainiq.nl
Telephone: +31 85 071 1114