Terms of Service

Please read these terms and conditions carefully before using our consulting services or website.

1. Introduction

Welcome to ConsultPro ("we," "our," or "us"). By accessing or using our website, services, applications, or any content provided by ConsultPro (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and ConsultPro regarding your use of the Services.

If you do not agree with any part of these Terms, you may not access or use our Services. By accessing or using our Services, you represent that you are at least 18 years old or the age of majority in your jurisdiction, whichever is greater.

2. Use of Services

2.1 Account Registration

Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
  • Use any robot, spider, or other automated device to access the Services for any purpose without our express written permission

3. Intellectual Property

3.1 Our Intellectual Property

The Services, including all content, features, functionality, and design elements, are owned by ConsultPro or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works from, distribute, sell, license, or sublicense any of our intellectual property without our prior written consent.

3.2 Your Content

You retain all rights in any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and promoting the Services.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate the rights of any third party.

4. Consulting Services

4.1 Service Engagement

Our consulting services are provided based on separate service agreements that outline the specific scope, deliverables, and terms of each engagement. These Terms supplement any such service agreements.

4.2 No Guarantees

While we strive to provide high-quality consulting services, we do not guarantee any specific results or outcomes from our Services. The success of implementing our recommendations depends on various factors beyond our control, including your business environment, market conditions, and your team's implementation capabilities.

4.3 Client Responsibilities

You are responsible for providing accurate and complete information necessary for us to deliver our Services. You acknowledge that the quality and timeliness of our Services depend on your cooperation and timely provision of resources, information, and feedback.

5. Fees and Payment

Fees for our consulting services are outlined in separate service agreements or proposals. Unless otherwise specified, all fees are quoted in US dollars and are non-refundable. You agree to pay all applicable fees and taxes associated with your use of the Services.

For subscription services, you authorize us to charge the applicable fees to your designated payment method. If your payment cannot be completed, we may suspend or terminate your access to the Services.

6. Confidentiality

Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party in connection with the Services, including business strategies, financial information, technical data, and customer information ("Confidential Information").

You agree not to disclose our Confidential Information to any third party and to use it solely for the purpose of receiving and evaluating our Services. Similarly, we agree to maintain the confidentiality of your Confidential Information and use it only for providing the Services.

This confidentiality obligation does not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is independently developed by the receiving party without use of the disclosing party's Confidential Information
  • Is required to be disclosed by law or court order

7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONSULTPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless ConsultPro, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of the Services
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another person or entity

9. Termination

We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Amsterdam, Netherlands.

Before commencing any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us. If a dispute cannot be resolved informally, you and ConsultPro agree to submit the dispute to binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

11. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email or through the Services. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

12. Miscellaneous

These Terms constitute the entire agreement between you and ConsultPro regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent possible under the law.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

Last Updated: April 12, 2023