We're here to help - Terms of Service
Last updated: 27 October 2026
Who these Terms are with
These Terms of Service are entered into by CinderMonkey B.V., registered with the Dutch Chamber of Commerce (KvK) under number 42082087, VAT/BTW number NL003910187B87, with its registered office at Ambachtsstraat 17, 9531 JP Borger, the Netherlands, and its visiting address at Wilgenweg 18B, 1031 HV Amsterdam, the Netherlands ("CinderMonkey"), and the organisation or individual engaging our services ("Client"). Contact: the CinderMonkey Operational Team, getstarted@cindermonkey.agency
Who these Terms apply to
These Terms apply to organisations and individuals acting in the course of a business, trade, or profession, and to individual participants in MonkeyDojo programmes. Our diagnostic, workshop, and consulting services for teams and organisations, including APE-X Rootdigging and META Teams, are offered to business clients only. If you are entering into these Terms on behalf of an organisation, you confirm you have the authority to do so.
Where a MonkeyDojo participant books in a private capacity, as a consumer, these Terms apply to the extent Dutch consumer law allows, and the mandatory rights consumers have under that law take precedence. The section "MonkeyDojo participants booking as consumers" sets out what that means in practice.
Our services
CinderMonkey provides organisational diagnostics, workshops, and consulting services, including APE-X Rootdigging, MonkeyDojo programmes, META Teams diagnostics, and related consulting engagements. The specific scope, deliverables, timeline, and fees for each engagement are set out in a separate proposal, booking, or agreement, which forms part of the contract between the parties alongside these Terms.
Providing these Terms
A copy of these Terms is provided together with every proposal or offer we send, and is available at any time at cindermonkey.agency/tos and as a downloadable PDF on request. By accepting a proposal, booking a programme, engaging our services, or making payment, the Client agrees to be bound by the version of these Terms in force at that time.
Account & registration
Where an account is required to access our platforms or tools, the Client must be at least 18 years old, provide accurate information, and is responsible for activity under that account. Where the Client registers on behalf of an organisation, the Client must have authority to represent that organisation.
Payment
• Invoices are due within 14 days of the invoice date, unless otherwise agreed in writing.
Rescheduling and cancellation
• Rescheduling by the Client. When a date needs to move, our first step is to find a new date together. Moving a session to a date within the same calendar month as the original date is free of charge. Moving it to any other month is treated as a cancellation under the terms below.
• Cancellation by the Client. Cancellations are made in writing; email to getstarted@cindermonkey.agency is sufficient. For a confirmed session, the Client pays nothing when cancelling 60 days or more before the session, 50% of the fee for that session when cancelling between 30 and 60 days before, and 100% when cancelling less than 30 days before. For a session that is part of a programme, the fee for that session is its pro-rata share of the programme fee.
• Our preference. Wherever availability allows, we prefer to reschedule rather than cancel. This preference does not replace the cancellation terms above.
• Changes by CinderMonkey; If a facilitator is unable to deliver a session, for example through illness, CinderMonkey arranges an appropriate replacement facilitator or agrees a new date with the Client, at no extra cost to the Client. If neither is possible, the Client is not charged for that session, and any amount already paid for it is refunded.
Use of our services
We grant the Client a limited, non-exclusive, non-transferable licence to use our platforms, materials, and tools for the Client's own internal purposes. The Client may not resell access, reverse-engineer our systems or methodologies, or use data or outputs from our services for external benchmarking without our written authorisation.
Confidentiality
• Both parties keep confidential any non-public business information they receive from the other in connection with an engagement, during the engagement and after it ends, and use it only for the purpose of the engagement. This does not apply to information that is already public, was already lawfully known to the receiving party, or must be disclosed by law.
• What participants share in diagnostics, surveys, 360° feedback, and sessions stays with CinderMonkey's team. The Client's leadership receives results at team level. Individual results are shared with the Client only with the explicit consent of the participant concerned.
Data protection and AI
The Client retains ownership of the personal data it submits to us or that we collect through our services on its behalf. We process that data in accordance with our Privacy Policy (cindermonkey.agency/privacy) and, where we act as a processor on the Client's behalf, in accordance with a separate data processing agreement where applicable. CinderMonkey does not process, input, or upload any Client personal data, including diagnostic and survey responses, 360° feedback, or the personal details of any individual participant, into any AI system, including generative AI or large-language-model tools, for the purpose of delivering the Services. All analysis, facilitation, and reporting is carried out by our human team.
If CinderMonkey introduces an AI-driven chatbot, virtual assistant, or publishes AI-generated content in connection with the Services, we will clearly disclose this in accordance with Article 50 of the EU AI Act before doing so.
Personal data is protected using industry-standard technical and organisational measures, and is disclosed only as described in our Privacy Policy or as required by law.
Intellectual property
The methodologies, frameworks, and proprietary materials used in our diagnostics, including the 7 Questions for Change and other tools developed for CinderMonkey's services, are owned by Headwater Ventures B.V., CinderMonkey B.V.'s parent company, and are licensed to CinderMonkey B.V. for use in delivering the Services. Except as expressly licensed to the Client under these Terms or the applicable proposal, all such intellectual property rights remain reserved to Headwater Ventures B.V. and/or CinderMonkey B.V., as applicable. The Client grants CinderMonkey a licence to use the Client's name and branding solely to deliver the Services and, unless the Client objects in writing, to reference the engagement as a case study or reference.
Liability
• Our services are provided with reasonable skill and care, but without any warranty of fitness for a particular purpose beyond what is expressly agreed in a proposal.
• Except as set out below, CinderMonkey's total liability arising from or in connection with an engagement is capped at the fees paid by the Client for that engagement in the 12 months preceding the event giving rise to the claim. CinderMonkey is not liable for indirect, consequential, or lost-profit damages.
• Nothing in these Terms excludes or limits liability for intent (opzet) or gross negligence (bewuste roekeloosheid) on the part of CinderMonkey, for death or personal injury, or for any other liability that cannot lawfully be excluded or limited under Dutch law.
Termination
Either party may terminate an engagement in accordance with the terms set out in the applicable proposal. The Client remains liable for fees for work performed, and expenses reasonably incurred, up to the date of termination.
MonkeyDojo participants booking as consumers
Where a MonkeyDojo participant books in a private capacity, the following applies in addition to, and where they conflict instead of, the sections above:
• Right of withdrawal. When you book online or otherwise at a distance, you may withdraw within 14 days of booking without giving a reason, by emailing getstarted@cindermonkey.agency. If you ask us to start the programme within those 14 days, you pay a proportionate amount for what has been delivered up to your withdrawal.
• Late payment. Instead of 1.5% per month, the Dutch statutory interest rate for consumers applies. Collection costs are only charged after a written reminder giving you 14 days to pay, and stay within the limits set by Dutch law.
• Liability. Nothing in these Terms limits our liability towards you further than Dutch consumer law allows.
• Disputes. You may bring any dispute before the competent Dutch court. The arbitration clause below applies to you only if you agree to it after a dispute has arisen.
Governing law and disputes
These Terms are governed by the law of the Netherlands. Disputes will be submitted to binding arbitration in Amsterdam under the rules of the Netherlands Arbitration Institute (NAI), unless the parties agree in writing to resolve a specific dispute before the competent court in Amsterdam instead. For MonkeyDojo participants booking as consumers, see the section above.
Changes to these Terms
We may update these Terms from time to time. The version in force at the time a proposal is accepted or a booking is made governs that engagement; changes do not apply retroactively to active engagements unless both parties agree.