These Terms of Service (“Terms”) govern your use of the CinderMonkey website (https://cindermonkey.agency/) and any related services (collectively, the “Services”) provided by CinderMonkey (“Company,” “we,” “us,” “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Scope of Services

CinderMonkey provides organizational development and leadership solutions, including but not limited to:

• Assessments (e.g., 360° leadership scans, cultural scans, Net Promoter Score surveys via Typeform).

• Training & Workshops (e.g., leadership training, culture mapping, reorganization interventions).

• Consulting & Support (e.g., strategic planning, follow-up coaching, implementation).
  All services and deliverables are further described in individual statements of work, proposals, or purchase agreements.

2. Registration and Accounts

1. Eligibility: You must be at least 18 years old and have authority to bind the organization on whose behalf you act.

2. Account Creation: To access certain features, you may be required to register and provide accurate, complete information.

3. Credentials: You are responsible for safeguarding your login credentials and for all activities under your account. Notify us immediately of any unauthorized use.

3. Fees and Payment

1. Pricing: Fees for Services are set forth in proposals or subscription agreements.

2. Payment Terms: Unless otherwise agreed, payments are due within 14 days of invoice. Late payments may incur interest at 1.5% per month or the maximum legal rate.

3. Taxes: You are responsible for all applicable taxes, duties, or fees.

4. Use of Services

1. License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services and related documentation.

2. Restrictions: You may not (a) sublicense, resell, or share access; (b) reverse engineer or circumvent security measures; (c) use data for benchmarking outside your organization without consent.

5. Data and Privacy

1. Data Ownership: You retain all rights to data you submit (e.g., assessment responses, survey results).

2. Processing: We process personal data pursuant to our Privacy Policy.

3. Confidentiality: We will safeguard your data using industry-standard measures and not disclose it except as set out in our Privacy Policy or as required by law.

6. Intellectual Property

1. Our IP: All content, methodologies, materials, software, and trademarks provided by CinderMonkey remain our exclusive property.

2. Your IP: You grant us a non-exclusive license to use your branding, logos, and data solely to deliver the Services.

7. Representations and Warranties

1. By You: You represent that your use of the Services complies with all applicable laws and that you have obtained necessary consents from individuals participating in assessments or surveys.

2. By Us: We warrant that the Services will be provided in a professional manner consistent with industry standards.

8. Disclaimers and Limitation of Liability

1. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

2. Liability Cap: IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU UNDER THESE TERMS IN THE 12 MONTHS PRECEDING THE CLAIM.

3. Exclusion: Neither party will be liable for indirect, incidental, special, or consequential damages.

9. Term and Termination

1. Term: These Terms commence on the Effective Date and continue until terminated.

2. Termination by You: You may terminate your account at any time by ceasing use.

3. Termination by Us: We may suspend or terminate your access for breach of these Terms, failure to pay, or illegal conduct.

4. Effect of Termination: Upon termination, your access to the Services will end, and you remain liable for any unpaid fees.

10. Modifications to Terms

We may modify these Terms at any time by posting a revised version on our website with an updated “Last updated” date. Continued use of the Services after such changes constitutes acceptance.

11. Governing Law and Dispute Resolution

1. Governing Law: These Terms are governed by the laws of The Netherlands, without regard to conflict-of-law principles.

2. Dispute Resolution: Any dispute arising under these Terms will be resolved by binding arbitration in Amsterdam, in English, under the Arbitration Rules of the Netherlands Arbitration Institute (NAI).

12. Miscellaneous

1. Entire Agreement: These Terms, together with any referenced agreements (Privacy Policy, Cookie Policy, statements of work), constitute the entire agreement between the parties.

2. Severability: If any provision is held invalid, the remainder will remain in full force.

3. Waiver: Failure to enforce any right is not a waiver of that right.

4. Assignment: You may not assign rights without our prior written consent; we may assign to an affiliate or successor.

13. Contact Information

For questions about these Terms, please contact:

CinderMonkey
📧 Getstarted@cindermonkey.agency

Thank you for choosing CinderMonkey. We look forward to supporting your organizational and leadership development needs.