General Terms and Conditions ColorAptitude™

Article 1 — Definitions

ColorAptitude™: the digital platform for colour competence assessment, training, and certification, accessible via coloraptitude.com.

Xconea / BNK Foundation: the provider of ColorAptitude™. Xconea is a trade name of BNK Foundation, a foundation registered in the Netherlands. Address: Allenstraat 110, Krommenie.

User: any natural person or legal entity who creates an account or uses the platform.

Agreement: the agreement that is formed at the moment the user purchases a package via the platform.

Package: one or more of the available products: Training (subscription), Assessment (one-time), Assessment + Training (combination).

Article 2 — Applicability

2.1 These general terms and conditions apply to all offers, agreements, and deliveries of ColorAptitude™.

2.2 Deviations from these terms are only valid if agreed in writing.

2.3 For organisation agreements (B2B), additional or different arrangements may be made via a separate agreement.

Article 3 — Offer and formation of agreement

3.1 The offer on the platform is non-binding and may be changed at any time.

3.2 An agreement is formed at the moment the user places an order and payment via Stripe is successfully processed.

3.3 After formation, the user receives a confirmation by e-mail with the details of the purchase.

Article 4 — Prices and payment

4.1 All prices on the platform are in euros and include VAT, unless otherwise stated.

4.2 Payment is made exclusively via Stripe. Accepted payment methods are displayed during the checkout process.

4.3 For subscriptions (Training), the subscription fee is automatically renewed at the end of the subscription period, unless the user has cancelled the subscription in time.

4.4 In case of late payment, Xconea reserves the right to suspend access to the platform until payment has been received.

Article 5 — Right of withdrawal (consumers)

5.1 Consumers have the right to cancel an agreement without giving reasons within 14 days of purchase, provided the product has not yet been used.

5.2 The right of withdrawal expires at the moment the user starts the assessment or opens the first training module. By starting an assessment or training module, the user agrees to the expiration of the right of withdrawal.

5.3 For organisation agreements (B2B), the right of withdrawal does not apply.

5.4 A withdrawal request can be submitted via info@coloraptitude.com or via the contact form on the platform.

Article 6 — Access and use

6.1 After payment, the user gains access to the purchased products within the platform.

6.2 Access is personal and non-transferable, unless it concerns an organisation licence.

6.3 The user is responsible for keeping login credentials confidential.

6.4 It is not permitted to reproduce, distribute, or commercially exploit the content of the platform without prior written permission from Xconea.

Article 7 — Subscriptions and cancellation

7.1 A monthly subscription can be cancelled monthly. Cancellation before the next renewal date prevents further billing.

7.2 An annual subscription can be cancelled with a notice period of 30 days before the end of the subscription period. In case of early cancellation, no refund of the remaining subscription fee will be given.

7.3 Cancellation is done via the account settings on the platform or via info@coloraptitude.com.

Article 8 — Certificate

8.1 Upon successful completion of the full assessment, the user receives a ColorAptitude Certificate with name, score, test date, and validity period.

8.2 The certificate is valid for 24 months. A second assessment for certificate renewal is available in accordance with the terms stated on the platform.

8.3 The certificate is solely intended as indicative qualification evidence. Xconea does not guarantee that the certificate will be accepted by specific employers, certification bodies, or auditors.

Article 9 — Intellectual property

9.1 All rights to the platform, the content, the methodology, the stimuli, and the certificate design belong to Xconea — BNK Foundation or its licensors.

9.2 The Color Experience System (CXP/CES) is owned by Xconea — BNK Foundation. SNKI Kleurinstituut acts as licence holder for ColorAptitude™.

9.3 Nothing in these terms grants the user rights to the intellectual property of Xconea.

Article 10 — Liability

10.1 Xconea endeavours to keep the platform available and correct, but does not guarantee uninterrupted availability.

10.2 Xconea is not liable for damages arising from:

• the use or inability to use the platform
• incorrect or incomplete test results due to incorrect screen settings
• decisions by third parties based on the certificate

10.3 To the extent that Xconea's liability cannot be excluded, it is limited to the amount paid by the user for the relevant product.

10.4 Xconea is not liable for indirect damages, consequential damages, or lost profits.

Article 11 — Privacy

11.1 Xconea processes personal data in accordance with the General Data Protection Regulation (GDPR) and the privacy statement available via the platform and via xconea.com.

11.2 Questions about the processing of personal data can be directed to privacy@coloraptitude.com.

Article 12 — Amendment of terms

12.1 Xconea reserves the right to amend these terms.

12.2 Amendments will be announced at least 30 days in advance via e-mail or via the platform.

12.3 Continued use of the platform after the effective date of the amendments constitutes acceptance of the new terms.

Article 13 — Applicable law and disputes

13.1 All agreements are governed by Dutch law.

13.2 Disputes are preferably resolved by mutual agreement. If that proves impossible, disputes shall be submitted to the competent court in the district of North Holland.

Article 14 — Contact

Xconea — BNK Foundation Handelsnaam: ColorAptitude™ Allenstraat 110, Krommenie Nederland

E-mail: info@coloraptitude.com Website: coloraptitude.com