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These Terms of Service ("Terms") govern your access to and use of the Grasp platform and related services (the "Services") provided by Traece B.V., a Dutch besloten vennootschap with registered office at Vrije Heerlijkheid 39, 1566 MH Assendelft, the Netherlands, registered in the Dutch Commercial Register under number 98464604 ("Grasp", "we", "us", or "our"). By creating an account, accessing, or using the Services, you (the "User" or "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "User" refers to that organisation. If you do not agree to these Terms, you must not access or use the Services.
2.1 These Terms apply to all access to and use of the Services, including free trials, pilots, paid subscriptions, and any custom engagements.
2.2 Where Grasp and the User have entered into a separate written agreement or Order Form, the terms of that agreement or Order Form prevail to the extent of any conflict with these Terms. In all other respects these Terms apply.
2.3 Grasp may update these Terms from time to time. Material changes will be communicated by email or in-product notice at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
3.1 To use the Services, the User must create an Account and provide accurate, complete, and current information.
3.2 The User is responsible for maintaining the confidentiality of Account credentials and for all activities that occur under the Account. The User must notify Grasp without undue delay of any unauthorised use of the Account.
3.3 Grasp reserves the right to refuse, suspend, or terminate Accounts that violate these Terms or applicable law, or where the User fails to meet legitimate verification requirements.
4.1 The Services are made available on a subscription basis. The duration, scope, and Fees for each subscription are set out in the applicable Order Form or written agreement between Grasp and the User. In the absence of such agreement, the default subscription term is twelve (12) months.
4.2 Grasp may offer free trials or pilot engagements at its discretion. Trials and pilots are provided "as is", may be modified or discontinued at any time, and do not entitle the User to any service levels, support obligations, or refunds.
4.3 Termination, renewal, and notice requirements are set out in the applicable Order Form or written agreement. In the absence of such terms, either party may terminate the subscription at the end of the then-current term by giving written notice at least thirty (30) days before the renewal date.
5.1 The User shall pay the Fees set out in the applicable Order Form or written agreement. Unless otherwise agreed, invoices are issued manually by Grasp and are payable through the payment methods made available by Grasp (currently Stripe).
5.2 Invoices are payable within thirty (30) days of the invoice date, unless a different payment term is specified in the Order Form.
5.3 All Fees are exclusive of taxes (including VAT), which are added to invoices where applicable and payable by the User.
5.4 Late payments may incur statutory commercial interest under Dutch law and reasonable collection costs. Grasp may suspend access to the Services for accounts in payment default after written notice and a reasonable opportunity to cure.
5.5 Fees paid are non-refundable except where expressly stated in these Terms or required by mandatory law.
6.1 These Terms apply from the date the User first accesses the Services and remain in effect until terminated in accordance with this Section 6 or the applicable Order Form.
6.2 Either party may terminate these Terms or any subscription for material breach by the other party that is not cured within thirty (30) days of written notice.
6.3 Grasp may suspend or terminate access to the Services immediately, without prior notice, if the User:
6.4 Upon termination, the User's right to access the Services ends. Customer Data will be handled in accordance with the DPA. Sections that by their nature are intended to survive termination (including Sections 9, 10, 11, 13, 14, 15, 16, and 19) will so survive.
7.1 Subject to these Terms and payment of applicable Fees, Grasp grants the User a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the subscription term, solely for the User's internal business purposes.
7.2 The User shall not, and shall not permit any third party to:
8.1 The User is responsible for:
9.1 Grasp IP. Grasp and its licensors own all rights, title, and interest in and to the Services, including all software, algorithms, models, designs, content, and Documentation, and all related intellectual property rights. Except for the limited license granted in Section 7.1, no rights are granted to the User by implication, estoppel, or otherwise.
9.2 Customer Data. As between the parties, the User retains all rights, title, and interest in and to Customer Data. The User grants Grasp a non-exclusive, worldwide, royalty-free licence to use, host, copy, process, and display Customer Data solely as necessary to provide the Services and to perform Grasp's obligations under these Terms and the DPA.
9.3 Feedback. If the User provides feedback, suggestions, or ideas regarding the Services, Grasp may use them without restriction or obligation to the User. Feedback is provided on a non-confidential basis.
9.4 Usage data. Grasp may collect and use anonymised, aggregated technical and usage data derived from the User's use of the Services to operate, secure, analyse, and improve the Services, provided such data does not identify the User or any individual.
10.1 "Confidential Information" means any non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances. Confidential Information includes the Services, Customer Data, pricing, and the terms of any Order Form.
10.2 The Recipient shall (a) use the Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms, (b) protect it with the same degree of care it uses for its own confidential information (and in any event no less than reasonable care), and (c) not disclose it to any third party except to its personnel, advisors, or sub-processors who have a need to know and are bound by confidentiality obligations.
10.3 Confidentiality obligations do not apply to information that is or becomes publicly available without breach of these Terms, was rightfully known to the Recipient before disclosure, or is independently developed by the Recipient without use of the Confidential Information.
10.4 The Recipient may disclose Confidential Information if required by law or court order, provided it gives prompt notice to the Discloser where legally permitted.
11.1 To the extent Grasp processes personal data on behalf of the User in connection with the Services, the parties' rights and obligations are governed by the Data Processing Agreement (DPA), which forms an integral part of these Terms and is available on request.
11.2 The User acknowledges that the Services involve the processing of data relating to the User's personnel, including identification data, authentication data, device and software data, and integration metadata, as further described in the DPA.
11.3 The User is the controller of personal data processed through the Services. Grasp acts as processor, except where Grasp processes data for its own legitimate business purposes (e.g., billing, security, and aggregated analytics), in which case Grasp acts as controller.
12.1 Grasp uses commercially reasonable efforts to make the Services available, but does not provide a formal service level agreement or uptime guarantee under these Terms. The Services are provided on a best-effort basis.
12.2 Grasp may perform scheduled maintenance, deploy updates, and modify the Services from time to time. Grasp will use reasonable efforts to minimise disruption.
12.3 Grasp may, at its discretion, modify or discontinue features of the Services. Where a material discontinuation materially reduces the functionality of the Services for which the User is paying, the User may terminate the affected subscription on written notice within thirty (30) days of the change.
12.4 Support is provided through the channels described in the Documentation or as agreed in the Order Form.
13.1 Services provided "as is". To the maximum extent permitted by applicable law, the Services and all related materials are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted operation.
13.2 No compliance guarantee. The Services are designed to support the User's compliance, governance, and audit activities, but Grasp does not guarantee that:
13.3 User remains responsible. The User remains solely responsible for its own compliance decisions, regulatory obligations, audit preparation and outcomes, security posture, and the accuracy and adequacy of any information it relies upon. The User shall not rely solely on the Services for any legal, regulatory, or compliance decision and shall obtain independent professional advice where appropriate.
13.4 AI outputs. The Services use artificial intelligence and machine learning, which may produce inaccurate, incomplete, or biased outputs. The User is responsible for reviewing and validating AI outputs before relying on them.
13.5 Third-party services. The Services integrate with third-party products and services (including those listed in the DPA). Grasp is not responsible for the availability, performance, or content of any third-party service, and the User's use of those services is governed by their own terms.
14.1 Exclusion of indirect damages. To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:
14.2 Aggregate liability cap. To the maximum extent permitted by applicable law, Grasp's total aggregate liability arising out of or in connection with these Terms or the Services, regardless of the form of action or theory of liability, shall not exceed the total Fees paid by the User to Grasp in the twelve (12) months immediately preceding the event giving rise to the claim. For Users on a free trial, pilot, or otherwise not having paid any Fees, Grasp's aggregate liability shall not exceed one hundred euros (€100).
14.3 Exceptions. The limitations in this Section 14 do not apply to:
14.4 Basis of the bargain. The User acknowledges that the Fees reflect the allocation of risk set out in these Terms, and that the limitations in Sections 13 and 14 are an essential basis of the bargain between the parties. Without these limitations, the Fees would be substantially higher.
15.1 The User shall defend, indemnify, and hold harmless Grasp, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
15.2 Grasp shall (a) promptly notify the User of any claim subject to indemnification, (b) give the User sole control of the defence and settlement of the claim (provided no settlement that imposes obligations on Grasp may be agreed without Grasp's prior written consent), and (c) provide reasonable cooperation at the User's expense.
16.1 Grasp may update, modify, or improve the Services at any time. Grasp will use reasonable efforts to ensure that updates do not materially reduce the core functionality of the Services.
16.2 Grasp may amend these Terms by giving the User at least thirty (30) days' prior notice by email or in-product notification. If the User does not agree to the amended Terms, the User's sole remedy is to terminate its subscription before the changes take effect. Continued use after the effective date constitutes acceptance.
17.1 Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, natural disasters, epidemics or pandemics, internet or infrastructure outages, third-party cloud provider failures, governmental actions, and labour disputes.
17.2 The affected party shall notify the other party without undue delay and shall use reasonable efforts to mitigate the effect of the event.
18.1 These Terms are governed by and construed in accordance with the laws of the Netherlands, excluding its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.2 Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, save that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
19.1 Notices to Grasp must be sent to info@joingrasp.com or to Traece B.V., Vrije Heerlijkheid 39, 1566 MH Assendelft, the Netherlands.
19.2 Notices to the User will be sent to the email address associated with the Account or to the contact specified in the Order Form.
19.3 Notices are deemed received on the date of delivery, if sent by email, and three (3) business days after dispatch, if sent by post.
20.1 Entire agreement. These Terms, together with the DPA and any applicable Order Form, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements and understandings relating to the subject matter.
20.2 Assignment. The User may not assign or transfer these Terms or any rights or obligations under them without Grasp's prior written consent. Grasp may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.
20.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision that most closely reflects the parties' intent.
20.4 Waiver. A failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
20.5 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
20.6 No third-party beneficiaries. These Terms do not create any rights for third parties.
20.7 Language. These Terms are concluded in English. Any translation is provided for convenience only; the English version prevails in case of conflict. End of Terms of Service. Contact: info@joingrasp.com · Traece B.V., Vrije Heerlijkheid 39, 1566 MH Assendelft, the Netherlands · KvK 98464604