Terms of use
Version: 2026-01
This is a translation of the Dutch terms of use. In the event of any difference between the two, the Dutch version is binding.
These Terms of Use apply to the use of the Fruitful platform. By using the platform, the user agrees to these terms. The platform is made available to users through their organisation (the Client), unless agreed otherwise. If the user does not agree to these terms, use of the platform must stop.
1. Definitions
Fruitful: The legal entity with its registered office at Luxemburgstraat 91, 1363 BK Almere, the Netherlands, registered with the Chamber of Commerce under number 90010485.
Client: The legal entity that purchases Fruitful's services.
User: The natural person who accesses the Platform through the Client.
Platform: The software, AI functionality, dashboards and associated services as a whole.
Data: All data entered into, processed by or generated through the Platform.
2. Applicability and contract structure
2.1 Applicability: These terms apply in full to use by the Client and by the User.
2.2 Prevailing agreement: In the event of conflict, a separate agreement concluded between Fruitful and the Client prevails.
2.3 User responsibility: The User operates under the direct responsibility and supervision of the Client.
3. Use of the platform
3.1 Right of use: Fruitful grants a strictly non-exclusive and non-transferable right of use.
3.2 Restrictions: Use is permitted for legitimate business purposes only. Reverse engineering, scraping and misuse are prohibited.
3.3 Express prohibitions: The platform may not be used for unlawful purposes or to circumvent security.
4. Accounts and access management
4.1 Client responsibility: The Client is solely responsible for managing and securing user accounts.
4.2 Suspension: Fruitful may suspend access in the event of security risks, misuse or breach of contract.
5. Data and ownership
5.1 Ownership of Client data: All Client data entered remains the property of the Client.
5.2 Limited processing right: Fruitful may process data to deliver its services and to improve the Platform, in anonymised form.
5.3 Aggregated data: Fruitful may use anonymised data for benchmarking, product development and AI training.
6. AI and data analysis
6.1 Functionality: The Platform uses AI for analysis and recommendations.
6.2 Assurance: The AI makes no autonomous decisions with legal or HR consequences; its output is advisory.
6.3 Client responsibility: The Client is fully responsible for interpreting the output and for any decisions that follow.
7. Security and compliance
7.1 Measures: Fruitful applies appropriate technical and organisational measures in line with the GDPR and ISO 27001 principles.
7.2 Obligations: Data breaches are reported in accordance with legal obligations.
8. Availability and SLA
8.1 Availability: Fruitful makes every effort to achieve high availability, but does not guarantee uninterrupted access.
8.2 Maintenance: Maintenance and updates may temporarily affect availability.
9. Liability
9.1 Limitation: Liability is limited to direct damage only.
9.2 Cap: Maximum liability is limited to the amount paid by the Client in the preceding 12 months.
9.3 Exclusion: Indirect damage, consequential damage and loss of Data are expressly excluded.
10. Term and termination
10.1 Term: The term is set out in the contract between Fruitful and the Client.
10.2 Consequences: On termination, access stops immediately; the Client is given a reasonable period to export Data.
11. Audit and compliance
11.1 Right to information: The Client may request information about Fruitful's compliance, within reasonable limits.
11.2 Scope: This includes insight into security measures and data processing procedures, to verify compliance with privacy legislation (GDPR).
12. Governing law
12.1 Choice of law: Dutch law applies exclusively.
12.2 Jurisdiction: Disputes are submitted exclusively to the competent court in the Netherlands.