1. Definitions
- BOMproof: De Gier Engineering B.V., located at Santplaet 190, 3144 DT Maassluis, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 82348111, which offers the BOMproof platform.
- Customer: the organisation that enters into an agreement with BOMproof.
- Platform: the online service of BOMproof, including the dashboard, the checks and the related software.
- Customer data: all data the customer enters into the platform, including CAD files and bills of materials.
- Output: reports, findings, bills of materials and other results generated by the platform.
2. Applicability
These terms apply to all offers, agreements and the use of the platform. Deviations only apply if agreed in writing. The applicability of purchasing or other conditions of the customer is expressly rejected.
These terms are intended exclusively for agreements with businesses acting in the exercise of a profession or business. They do not apply to consumers; if we enter into an agreement with a consumer, only the law and the arrangements expressly agreed between the parties apply.
3. Pilots
The platform is under development. Functionality may change, be temporarily unavailable or be discontinued. A pilot is offered for a previously agreed period and scope, and comes without guarantees on availability or results, unless agreed otherwise.
4. Use of the platform
The customer ensures that users use the platform in accordance with these terms and applicable laws and regulations. It is not permitted to use the platform for unlawful purposes, to circumvent security measures or to reverse-engineer the platform.
5. Customer data and intellectual property
- All rights to customer data remain with the customer.
- The customer grants BOMproof a limited right of use to process customer data, solely for providing the service.
- For the processing of personal data within the platform a data processing agreement additionally applies, see the privacy policy; that data processing agreement forms part of the agreement between the parties.
- All rights to the platform, including software and checks, rest with BOMproof or its licensors.
- The customer may use output freely within its own organisation.
6. AI output and responsibility
The platform uses AI models to carry out analyses and make suggestions. AI output may be incomplete or incorrect. The customer remains responsible at all times for assessing output and for decisions about design, quality and release. The platform is designed to support human review, not to replace it.
7. Availability and maintenance
BOMproof makes an effort to keep the platform available, but does not guarantee uninterrupted availability unless a service level agreement (SLA) has been agreed. Planned maintenance is announced in advance where possible.
8. Fees and payment
The fee is set out in the quotation or agreement. Unless agreed otherwise, a payment term of 30 days after the invoice date applies. All amounts are exclusive of VAT. If an invoice has not been paid after the payment term has expired, the customer is in default by operation of law and will be reminded in writing with a period of 14 days; after that period the statutory commercial interest is due and BOMproof may suspend delivery until full payment.
9. Liability
BOMproof’s liability is limited to direct damage and to a maximum of the amount the customer paid in the 12 months preceding the event causing the damage. BOMproof is not liable for indirect damage, including consequential damage, lost profits and damage caused by production or release errors. These limitations do not apply in the case of intent or deliberate recklessness on the part of BOMproof or its management.
10. Confidentiality
The parties keep confidential the information they receive from each other. This obligation remains in force after the end of the agreement.
11. Term and termination
Subscriptions are entered into for the agreed period and are then tacitly renewed for the same period each time, unless one of the parties cancels by email or in writing, observing a notice period of 1 month. After termination the customer can export its data for 30 days; after that BOMproof may permanently delete the data, except for data that has a statutory retention period.
12. Changes to these terms
BOMproof may change these terms. Changes are announced by email at least 30 days in advance and published on this page. If the customer does not object within that period, the amended terms apply from the announced moment. If the customer does object, the agreement ends at the moment the amended terms take effect. Changes required as a result of laws or regulations apply immediately.
13. Governing law
Dutch law applies to these terms and to all agreements. Disputes are submitted to the competent court in the district of Rotterdam.