Terms of Service

These Terms of Service (“Terms”) set out the standard contractual terms between you (the individual or company accessing or using the Service, “you” or “Customer”) and TERTIQ, the provider of the TERTIQ platform. Specific entity information, legal form, and registered seat details are documented in any executed order form or customer agreement, or are available to account holders on request. Registered office details, where applicable, are set out in any executed customer agreement or are available to account holders on request via the workspace account team. (“TERTIQ”, “we”, “us”).

By creating an account, accessing, or using the Service you agree to be bound by these Terms. If you are using the Service on behalf of a company or organization, you represent and warrant that you have authority to bind that entity.

Where a written customer agreement or order form exists between you and TERTIQ, the governing law, jurisdiction, notices, and interpretation of that agreement apply as follows: the governing law specified in your customer agreement. In the absence of an executed written agreement, the terms of this public document are provided for information purposes and are superseded by any signed order form.The parties submit to the competent jurisdiction of the competent courts specified in your customer agreement. Jurisdiction clauses, if any, are set out in the executed contract between the parties.

“Service” means the TERTIQ third-party and supplier cybersecurity risk management application, any public website and APIs we provide, and related documentation and support. Features vary by plan tier as described on the Pricing page.

From time to time we may modify, deprecate, or add features. Where a change materially reduces the core functionality of a paid plan, we will notify you in advance where commercially reasonable.

You must provide accurate and complete information when creating an account, keep your credentials secure, and promptly report any suspected compromise through your account owner or via the account contact and correspondence channel established for your workspace, or the legal/billing correspondence route documented in your customer agreement. You are responsible for all activity that occurs under your account.

Access to the Service is granted on a per-user basis under the workspace owned by the account holder. Sharing credentials between individuals is not permitted. The owner(s) of a workspace are responsible for the access, roles, and deprovisioning of their team members.

Paid access to the Service is offered on the plan tiers described on the Pricing page. Complimentary evaluations of a complimentary evaluation period, if one is offered for your account. Trial terms, duration, scope, and any applicable limits are stated at sign-up, in the workspace, or in a written order.

All supplier records, assessments, evidence files, findings, remediations, reports, and other content you upload or enter into your workspace are and remain your property (“Customer Data”).

You grant TERTIQ a limited, non-exclusive, worldwide, revocable (except as otherwise required to perform the Service for the duration of the Agreement) right to host, store, process, reproduce, display, and transmit Customer Data solely as necessary to operate, secure, and support the Service for you.

You represent and warrant that you have all rights, consents, and lawful bases required to upload Customer Data and to permit the processing described above, including data relating to identifiable individuals such as supplier contacts.

You will use the Service only for lawful purposes and in accordance with these Terms and any published documentation.

You may not, and may not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or internal model weights of the Service, except to the extent the law prohibits that restriction; (b) introduce malware, backdoors, or perform or aid penetration testing or vulnerability scanning without prior written consent; (c) copy, republish, rent, lease, resell, lend, distribute, or create derivative works of the Service except as expressly agreed; (d) impersonate any person or entity, forge headers, or misrepresent the origin of content; (e) use the Service to transmit material that is unlawful, defamatory, discriminatory, or infringes third party rights; (f) exceed or bypass technical or license limits, rate limits, API quotas, storage limits, or tenant separations; (g) scrape, mirror, or bulk-export non-public surfaces of the Service for competing purposes.

Except for Customer Data, TERTIQ and its licensors own all right, title, and interest in and to the Service, including software, documentation, trademarks, logos, UI designs, risk scoring methodologies, data models, and underlying algorithms. These Terms do not grant you any rights in TERTIQ trademarks, service marks, or branding beyond what is reasonably necessary to identify the Service as we present it.

Suggestions, feature requests, or feedback you provide may be freely used by TERTIQ without compensation or obligation, and you assign any rights necessary for that use.

We will use commercially reasonable efforts to make the Service available. Where applicable, formal uptime commitments are covered by service availability commitments as set out in any applicable service level schedule attached to your customer agreement. Where no separate schedule applies, the Service is provided on a commercially reasonable efforts basis consistent with the plan tier you selected. Definitions of downtime, maintenance windows, and any applicable service credits are documented in the relevant schedule.

Scheduled maintenance is announced with reasonable notice where practicable. We are not liable for downtime caused by third-party infrastructure, your use outside documented parameters, force majeure, or material breach by you.

Paid access to the Service is offered through monthly subscription plans. The Starter plan is priced at seventy-nine euro (EUR 79) per month. The Business plan is priced at one hundred and ninety-nine euro (EUR 199) per month. The Consultant and custom tiers are handled through direct agreement and are not automated through self-service checkout.

Subscriptions renew automatically at the end of each monthly billing period unless you cancel before renewal. Plan fees, including any applicable taxes required by law, are charged in advance of each billing period.

All subscription payments are processed by Stripe, Inc. and its affiliates (Stripe). When you initiate a purchase or subscription change, TERTIQ redirects you to a Stripe-hosted checkout session to complete the transaction. TERTIQ does not directly collect, process, or store complete payment card numbers or card security codes (CVC/CVV) in its own systems.

You can view your current plan, next renewal date, and usage counters from the Billing & Plan section of your workspace. Subscription and payment method changes are managed through the Stripe Customer Portal, accessible from the same page. Only workspace owners may open the Customer Portal or initiate plan changes.

If you cancel your subscription, cancellation takes effect at the end of your then-current paid billing period. Your paid plan features remain available through the date you already paid for. Once the paid billing period actually ends, your workspace entitlement returns to the Free baseline. Your existing organization data, including supplier records, assessments, evidence, findings, remediation items, reviews, team membership, and generated reports, is preserved when this transition occurs.

Workspaces on the Free baseline retain full read access to existing data and may continue to navigate all dashboard sections. Operational write actions, such as adding suppliers, inviting additional team members, creating new assessments, uploading evidence, recording findings, scheduling reviews, or generating new paid-plan reports, become restricted until an active paid subscription is resumed.

Failed or invalid payment states may restrict paid-plan access depending on the condition reported by Stripe. Specifically, subscriptions in the incomplete, incomplete expired, unpaid, or paused states revert to Free-level entitlement until payment is successfully retried or the subscription returns to active status. Subscriptions in the past due state are granted a grace period while payment is being retried; during this grace period paid features remain available.

Overdue balances may result in additional restriction or suspension after notice where permitted. Except where required by applicable law or explicitly stated in a signed written order, all fees are non-refundable.

Each party will protect the other’s non-public, confidential information received in connection with these Terms using the same degree of care it uses for its own confidential information, but no less than a reasonable degree of care. Confidential information includes, without limitation, commercial terms, security disclosures under responsible disclosure, non-public product information, and Customer Data outside the scope of what you intentionally publish.

Either party may terminate these Terms for convenience on the advance notice period documented in your customer agreement or plan terms. The applicable notice period for termination for convenience varies by plan tier and is stated where your subscription is managed. written notice to the other, provided that any prepaid fees for the then-current term are generally non-refundable except where required by law.

Either party may terminate immediately for material breach if the breach is not cured within the applicable cure period, or for fraud, security abuse, or payment default where cure would be ineffective.

On termination, your right to use the Service ceases. We will retain Customer Data only for a limited wind-down window, after which we will delete or render it anonymous as further detailed in our Privacy Policy.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TERTIQ MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR SUITABLE FOR A PARTICULAR BUSINESS OBJECTIVE OR COMPLIANCE REGIME.

Risk scores, tiers, and control assessments produced by the Service are tools to inform human judgment, not a substitute for it. Responsibility for compliance with regulation (including NIS2 and similar regimes) and for sign-off on reports and decisions always remains with the customer.

EXCEPT FOR CLAIMS THAT CANNOT BE LAWFULLY EXCLUDED (FRAUD, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY, OR BREACH OF CONFIDENTIALITY TO THE EXTENT EXCLUSION IS UNCONSCIONABLE), TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES; (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS ACTUALLY PAID AND PAYABLE BY CUSTOMER TO TERTIQ FOR THE AFFECTED SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (II) ONE HUNDRED EURO (EUR 100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These Terms (and any order, DPA, SLA, or schedule expressly incorporated by reference) constitute the entire agreement between the parties. No waiver is effective unless in writing and signed by the waiving party. If any provision is held unenforceable, the remaining provisions remain in effect.

You may not assign or novate these Terms without our prior written consent; we may assign as part of a merger, acquisition, or sale of substantially all assets to which this Service relates.

Legal notices, contract questions, and formal correspondence should be addressed to the account contact and correspondence channel established for your workspace, or the legal/billing correspondence route documented in your customer agreement. and to the registered contact established for your account.