Terms of Service

These terms govern your use of the DataExpert website (the "Site") operated by DataExpert BV, a private limited company incorporated under the laws of the Netherlands, registered with the Netherlands Chamber of Commerce under number 30093689, with its registered office at Vendelier 65, 3905 PD Veenendaal, Netherlands ("DataExpert", "we", "us").

The Site is a business-to-business marketing and information channel for our digital-forensics, analytics and intelligence, OSINT, cryptocurrency-investigation, cyber-security, 24/7 incident-response and DataExpert Academy offerings. The Site is not directed at consumers. Engagement-specific obligations — including scope, deliverables, evidence handling, chain-of-custody, warranties, liability caps, indemnities, fees, retention and secure data destruction at end of engagement — are agreed separately in a signed engagement letter, master services agreement, data-processing agreement and, where applicable, an incident-response retainer (each, an "Engagement Document"). In the event of conflict between an Engagement Document and these Site terms, the Engagement Document prevails for the engagement it covers.

1. Acceptance

By accessing or using the Site you agree to these terms. If you do not agree, do not use the Site. If you access the Site on behalf of an organisation, you confirm you are authorised to bind that organisation to these terms.

2. Permitted use

The Site is provided for lawful, informational, business-to- business purposes — for example, learning about our services, contacting us about a potential engagement, reading our blog and case material, or accessing publicly available course information from our Academy. You may not:

• misrepresent your identity, affiliation, or authority to contact us;
• attempt to gain unauthorised access to, probe, scan, or test the vulnerability of the Site, the servers that host it, or any related infrastructure, except under a written engagement;
• interfere with the availability, integrity, or security of the Site, including by denial-of-service, automated request floods, or by transmitting malware;
• use the Site, or any content on it, to develop, market, or operate a competing product or service;
• scrape, mirror, or systematically extract content from the Site at a rate or volume that disrupts normal use, or use automated tools to bypass any technical access control;
• use the Site, or any of our trademarks, in a way that would suggest endorsement of a third party by DataExpert without our written agreement.

3. Intellectual property

All content on the Site — including text, graphics, photographs, video, diagrams, the DataExpert name and wordmark, the visual identity, and the structure and arrangement of the Site — is owned by DataExpert BV or licensed to us, and is protected by Dutch and EU copyright, trademark, database, and related rights. Nothing on the Site grants you, by implication or otherwise, any licence to those rights other than the limited right to view the Site for the permitted uses above.

Vendor partner names, product names, and logos appearing on the Site (for example Amped, Cellebrite, Chainalysis, Elastic, Exterro, Maltego, Magnet Forensics, OpenText, Oxygen Forensics, TRM Labs) remain the property of their respective owners and are shown to identify the tools we operate. Their appearance on the Site does not imply endorsement by those owners of DataExpert or of any specific engagement.

Reference to named clients (for example the Dutch National Police, Chaabi Bank, DCMR Milieudienst Rijnmond) is made with the relevant client's knowledge or on the basis of previously published information. Those clients' names and marks remain their property and do not imply an active endorsement of any product or campaign on the Site.

4. No advice; no engagement

Content on the Site — including blog posts, case write-ups, Academy course descriptions, and capability summaries — is general and educational. It is not legal advice, regulatory advice, financial advice, evidentiary opinion, expert-witness opinion, or incident-response instruction for a specific situation, and must not be relied on as a substitute for a contracted engagement.

Submitting a contact request, calling us, or otherwise communicating with DataExpert through the Site does not, on its own, create a client relationship, a retainer, or any obligation on us to act. A client relationship begins only when an Engagement Document has been signed by both parties.

The 24/7 incident-response phone line is operated as an entry point for organisations that have an active incident; first response under an IR retainer is governed by the SLA in the relevant Engagement Document. We will triage out-of-retainer calls in good faith but make no binding commitment to act in the absence of a signed engagement.

5. Third-party links and tools

The Site links to third-party sites, vendors, and resources we do not control. We provide those links for convenience only. We do not endorse the content of linked sites and we are not responsible for their availability, accuracy, or practices. You access third-party sites at your own risk and subject to the third party's terms.

6. Privacy

Our handling of personal data through the Site is described in our Privacy Policy, which forms part of these terms.

7. Warranties and disclaimers

To the maximum extent permitted by law, the Site is provided "as is" and "as available". We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy, completeness, or currency of content on the Site, except where we have made a specific written commitment in an Engagement Document. Statutory rights that cannot be excluded under Dutch law are not affected.

8. Limitation of liability

To the maximum extent permitted by Dutch law, DataExpert BV, its officers, employees, agents and sub-contractors are not liable for any indirect, incidental, special, consequential, or punitive loss or damage — including loss of profits, loss of revenue, loss of business, loss of data, or loss of goodwill — arising out of or in connection with your use of the Site, even if advised of the possibility of such loss.

Nothing in these Site terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for intent or gross negligence (opzet of bewuste roekeloosheid). Liability arising out of any contracted engagement is governed exclusively by the relevant Engagement Document; that document sets the applicable liability cap, exclusions, and indemnities for the engagement. [FILL IN: confirm with counsel whether to mirror the engagement-level liability cap on this page or leave it entirely to the Engagement Document.]

9. Indemnity

You agree to indemnify and hold harmless DataExpert from and against claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising from your breach of these terms, your unlawful use of the Site, or your infringement of any third-party right through your use of the Site.

10. Changes

We may update these terms from time to time. Material changes are reflected by an updated "Last updated" date at the top of this page. Your continued use of the Site after a change takes effect constitutes acceptance of the updated terms.

11. Severability and entire agreement

If any provision of these terms is held to be unenforceable, the remaining provisions remain in full force. These terms, together with the Privacy Policy and any Engagement Document, form the entire agreement between you and DataExpert regarding your use of the Site, and supersede any prior understanding or communication on that subject.

12. Governing law and forum

These terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Netherlands, to the exclusion of its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the competent courts in Utrecht, the Netherlands.

13. Contact

Questions about these terms can be sent to info@dataexpert.nl or by post to DataExpert BV, Vendelier 65, 3905 PD Veenendaal, Netherlands.