TERMS OF SERVICE
Last updated September 25, 2026
1. AGREEMENT TO THESE TERMS
These Terms of Service ("Terms") are a legally binding agreement between you ("you") and Equip Financial Technology B.V., doing business as Equip ("Equip", "we", "us" or "our"), each a “Party” and together the “Parties”. These Terms (together with any additional terms set out on our website) govern your access to and use of our website at https://withequip.com (the "Site") and of the Equip platform at https://platform.withequip.com, also including where you access the Platform through your adviser at a web address in the form https://[youradvisor].withequip.com (the "Platform"). The Site and the Platform are together referred to as the "Services".
We are registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 86747606. Our office address is Elandsstraat 169H, 1016 RZ Amsterdam. You can contact us at support@withequip.com and we will get back to you as soon as we can.
We present these Terms to you before you log in to the Platform, and you must accept them before you log in. By accepting them, you confirm that you have read and understood these Terms and agree to be bound by them. You can read them again at any time on the Site.
If you do not agree with these Terms, you may not use the Services.
Additional terms that we post on the Site or the Platform and that are specific to a particular feature form part of these Terms. If an additional term specific to a feature conflicts with these Terms, such additional term shall take precedence over these Terms.
We reserve the right, without prior warning, to unilaterally amend these Terms from time to time in a manner we deem necessary, for example when we add features or when the law changes. We shall publish the amended Terms on our Site or Platform. If we make a material change, we will tell you by email or through the Platform before it takes effect, and we will explain what is changing. If you do not wish to accept the change, you can close your account before it takes effect.
The Services are intended for individuals residing and working in the Netherlands. The information on them is not intended for use by any person in any jurisdiction where such use would be contrary to law or regulation, or would subject us to a registration requirement. If you choose to access the Services from elsewhere, you do so at your own risk, initiative and responsibility and you are solely responsible for compliance with local law.
The Services are intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Services.
2. HOW EQUIP IS PROVIDED TO YOU
Equip is made available to you through your employer. Your employer may offer it directly, or through its pension adviser. Where it is offered through an adviser, the Platform may carry that adviser's name, logo and colours, but the software is built and operated by Equip. That is why you will still see Equip web addresses and Equip email addresses.
These Terms are between you and Equip. They govern your use of the Services. They do not create any agreement between you and your employer, or between you and your adviser.
Your employer or adviser has a separate commercial agreement with us. That agreement determines whether Equip is made available to you, for how long, and with which features. If it ends, your access to the Platform ends with it.
You may be able to book a 1:1 video session with a financial expert through the Platform. Depending on the arrangements by your employer or adviser, , that expert may be engaged by Equip or by your employer or adviser. Where the expert is engaged by your adviser, the advice they give you is their responsibility and is governed by your adviser's own terms. They are the party qualified and possibly regulated to give it. We provide the software the session runs on.
You do not pay us anything for the Services. Your employer or your adviser pays for them.
3. INTELLECTUAL PROPERTY RIGHTS AND CONTRIBUTIONS
3.1 Ownership
Each Party retains all right, title and interest in and to its intellectual and industrial property rights of any kind, whether registered or unregistered, including patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names, domain names, design rights, database rights, rights in software, source code, algorithms, know-how and trade secrets, together with all applications, registrations, renewals and extensions relating to them, anywhere in the world (“Intellectual Property Rights”) existing prior to, or developed independently of, the Services (“Background IP”).
Except for the rights expressly granted under these Terms, neither Party acquires any right, title or interest in or to the other Party’s Intellectual Property Rights.
3.2 Our Technology
As between the Parties, we retain all right, title and interest in and to the Services and all software, platforms, technology, functionality, tools, methodologies, documentation, designs, text, graphics, video and other materials used, developed or provided by us in connection with the Services, including all modifications, updates, upgrades, enhancements, configurations, developments and derivative works thereof, whether created before, during or after your use of the Services and whether developed specifically for you or otherwise (“Our Technology”).
To the extent any Intellectual Property Rights in Our Technology vest in you, you hereby assign those rights to us and agree to take any reasonable steps necessary to give effect to that assignment.
3.3 Licence to You
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable and non-sublicensable right to access and use the Services, Our Technology and any content made available to you solely for your personal, non-commercial use and for the period during which you are entitled to use the Services.
No rights are granted to you other than those expressly set out in these Terms.
3.4 Your Contributions
The Services allow you to provide or upload information, materials and content, including messages to your financial expert, answers to questionnaires or self-service tools, documents you upload and questions you submit to Penny (together, “Contributions”).
You retain ownership of your Contributions and any Intellectual Property Rights in them. We do not claim ownership of your Contributions.
You grant us and our affiliates, subcontractors and service providers a non-exclusive, worldwide, royalty-free licence to access, use, reproduce, store, process, modify and otherwise handle your Contributions to the extent necessary to provide, operate, support, maintain, secure and improve the Services and perform our obligations under these Terms.
Our collection and use of personal data contained in your Contributions is governed by our Privacy Policy.
3.5 Your Responsibility for Contributions
You are responsible for your Contributions. By providing a Contribution, you confirm that:
you own it or have all rights, permissions and consents necessary to provide it to us and allow us to use it as contemplated by these Terms;
it does not infringe any Intellectual Property Rights, privacy rights or other rights of any third party;
it does not contain anything unlawful, fraudulent, misleading, abusive, discriminatory, defamatory or otherwise harmful, or otherwise violate applicable law or these Terms; and
where you upload documents or information relating to another person, you are entitled to provide that information to us.
When uploading documents, you should remove or redact information that is not necessary for the Services and that you do not want us to hold, including your citizen service number (BSN).
We may suspend or restrict your use of the Services where your Contributions breach these Terms, in accordance with the Term and Termination section. You shall indemnify us against any third party claims, losses, damages, liabilities, costs and expenses arising out of or in connection with any breach of the above.
3.6 Feedback
If you provide us with feedback, suggestions, ideas or recommendations regarding the Services, we may use and incorporate them into the Services and Our Technology without restriction or obligation to you. We will not identify you as the source of such feedback without your consent.
3.7 Third-Party Intellectual Property
The Services may include or depend upon third-party software, technology, content or other materials. Such third-party materials may be subject to separate third-party licence terms, where applicable.
3.8 Intellectual Property Claims
If a third party claims that your authorised use of the Services infringes its Intellectual Property Rights, we may, at our option: (i) obtain the right for you to continue using the affected Services; (ii) modify or replace the affected Services with substantially equivalent non-infringing functionality; or (iii), if neither option is reasonably available, suspend or terminate the affected Services.
We shall have no liability to the extent a claim arises from your Contributions, modifications not made or authorised by us, use of the Services contrary to these Terms or our instructions, or the combination of the Services with products, services or materials not supplied or approved by us.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) the registration information you submit is true, accurate, current and complete; (2) you will keep that information up to date; (3) you have the legal capacity to agree to these Terms; (4) you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide information that is materially untrue, inaccurate, out of date or incomplete, we may ask you to correct it and, if the problem is serious or you do not correct it, suspend or close your account in accordance with the section on Term and Termination below.
5. YOUR ACCOUNT
To use the Platform you need an account. Your employer or your adviser gives us the details we need to create it or may create your account directly, or you may be able to register for an account directly with us. You agree to keep your account details confidential, and you are responsible for activity that takes place under your account. Please tell us at support@withequip.com as soon as you can if you think someone else has gained access to it.
Your account is personal to you. You may not share it with, or transfer it to, anyone else.
Your account closes when you close it yourself, when your employer or adviser stops offering Equip to you, or if you have not logged in for 48 months. We will email you before closing an account for inactivity. What happens to your data when your account closes is explained in our Privacy Policy (which is available via https://www.withequip.com/privacy_policy).
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavour except those we specifically endorse or approve.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Trick, defraud, mislead, impersonate, harass, intimidate or harm us, our personnel, other users or any third party, or misuse our support services.
Circumvent, disable, bypass or interfere with any security or access restrictions relating to the Services or Our Technology.
Upload or transmit viruses, malicious code, spyware or other material that disrupts, damages or interferes with the Services, Platform or any third-party systems.
Use automated systems, scripts, robots, spiders, scrapers or similar tools to access or extract data from the Services, except through standard search engine or Internet browser usage.
Reverse engineer, decrypt, decompile, disassemble, modify, copy, translate or create derivative works of Our Technology, content or the Services, or attempt to access their source code, except as permitted by applicable law.
Remove or alter any copyright or other proprietary notice relating to the Services or Our Technology,
Sell, transfer, rent, distribute, sublicense, encumber or otherwise make any of the Services or Our Technology available to a third party, or use them for the benefit of a third party.
Interfere with or disrupt the integrity or performance of the Services, or use them to disrupt or harm any third-party systems or environment.
Use the Services or Our Technology to develop or provide a competing product or service, or otherwise for any unauthorised commercial or revenue-generating purpose.
Copy or make any Services or Our Technology available on any public or external distributed network.
Collect usernames, email addresses or other information for unsolicited communications, or create accounts by automated means or under false pretences.
Use the Services in violation of any applicable law or regulation.
Sell or otherwise transfer your profile.
Use Penny or any other AI feature to produce unlawful, misleading or harmful content, enter third-party personal data unless necessary and lawfully permitted, or attempt to extract or reverse engineer any underlying models, prompts or logic.
Enter personal data about other people into Penny or any other AI feature, unless it is necessary for your own financial question and you are entitled to share it.
Present output from the Services to any other person as financial, tax or legal advice.
7. CONNECTING YOUR FINANCIAL DATA
The Platform can bring in financial information from outside sources so you do not have to enter everything by hand. Each of these is optional, and the Platform works without them.
Your bank accounts (Invers). You can connect your bank accounts through our partner Invers B.V., which is licensed by De Nederlandsche Bank under the Payment Services Directive (PSD2). You give permission in your own bank's environment, for a period of 180 days at a time, and you can withdraw it at any time.
Source data (Ockto). You can share data from official sources, such as UWV, the Belastingdienst, MijnOverheid and Mijnpensioenoverzicht, through our partner Ockto B.V. You log in with DigiD, you see what will be shared, and you approve it before anything reaches us.
Documents you upload. You can also upload documents yourself, for example a pension overview you have downloaded from mijnpensioenoverzicht.nl.
We use the information we receive as it reaches us. We do not verify whether it is correct or complete, and we are not responsible for errors in data provided by your bank, by a government source or by you. The insights the Platform produces depend on that information, so if something looks wrong, please correct it or let us know.
Invers and Ockto have their own terms and privacy statements, which govern what they do. Our Privacy Policy explains what we do with the data once we receive it.
8. USE OF AI
The Services use artificial intelligence, including Penny, our digital AI assistant, to help you navigate financial topics, prepare for sessions with your financial expert and answer your questions.
We will make it clear when you are interacting with Penny or another AI feature rather than a person. Where appropriate, you may also discuss your questions with a human financial expert through the Services.
Penny and our other AI features provide general information and guidance, which may be tailored to your situation. They are designed to help you understand your options. They do not recommend you which product you should choose, they do not enter into or arrange transactions on your behalf, and they do not provide financial advice (advies) or intermediary services (bemiddelen) within the meaning of the Dutch Financial Supervision Act (Wet op het financieel toezicht).
AI-generated content may contain errors or be incomplete, inaccurate or out of date. It is based on the information available to the AI, including information you provide, and may not take account of all circumstances relevant to you. You should therefore not rely solely on AI-generated content when making important financial or other decisions. Where appropriate, you should discuss your situation with a financial expert or other suitably qualified adviser.
We do not use Penny or other AI features to make solely automated decisions about you that produce legal effects or similarly significantly affect you.
Our Privacy Policy explains how we process information and personal data in connection with our use of AI, including information you provide through your conversations with Penny.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or content. We do not control those websites or content and are not responsible for their availability, accuracy or practices. Your use of third-party websites or services is subject to the terms and privacy policies of the relevant third party.
10. MANAGING THE SERVICES
We may, but are not obliged to: (1) monitor the Services for breaches of these Terms; (2) take appropriate legal action against anyone who breaches the law or these Terms; (3) refuse, restrict or disable access to any Contribution that breaches these Terms; (4) remove content that is excessive in size or otherwise burdensome to our systems; and (5) otherwise manage the Services so that they function properly and our rights and those of our users are protected.
11. PRIVACY
We care about data privacy and security. Our Privacy Policy explains what personal data we collect, why we collect it, who we share it with, how long we keep it and what rights you have. You can read it on our website at https://www.withequip.com/privacy_policy. Our Privacy Policy tells you how we handle your personal data; it is not a set of contractual terms and is not incorporated into these Terms.
12. TERM AND TERMINATION
These Terms apply for as long as you use the Services.
We may suspend or terminate your access to the Services if you materially breach these Terms, misuse the Services, create a security or fraud risk, or if required by law. Your access may also end if the agreement under which your employer or adviser provides you with the Services ends.
Where reasonably practicable, we will tell you why and may give you an opportunity to remedy the issue, unless doing so would be unlawful or create a security risk.
You may close your account at any time by contacting us at support@withequip.com.
If we have closed your account because of a serious breach of these Terms, you may not open a new account without our permission. We may also take legal action where the breach causes us loss.
13. CHANGES AND INTERRUPTIONS
We may change and improve the Services over time, and we may add or remove features. If we make a change that materially reduces functionality you rely on, we will tell you in advance where we reasonably can.
We aim to keep the Services available, but we cannot promise they will be available without interruption. We may need to carry out maintenance, and faults can occur. We will keep planned downtime as short as we reasonably can and will give you notice where we can.
Our liability for any interruption is governed by the section on Liability below, and nothing in this section affects your rights under Dutch consumer law.
14. DISPUTE RESOLUTION AND GOVERNING LAW
The parties will, where it is practicable to do so and depending on the nature of the dispute in question, attempt to resolve disputes informally and in good faith.
These Terms are governed by Dutch law. Any dispute arising out of or in connection with these Terms shall be submitted to the competent courts of the Netherlands. If you are a consumer, this does not affect any mandatory rights you may have to bring proceedings before another competent court or to rely on mandatory consumer protection laws applicable to you.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
The Services are provided on an “ as is” and “as available” basis. We take reasonable care to keep the information and content available through the Services accurate and up to date, but we do not guarantee that it is complete, accurate or suitable for your particular situation. To the extent permitted by law, we exclude all warranties that are not expressly set out in these Terms.
The information and guidance provided through the Services is for general information purposes. It does not constitute financial advice (advies) or intermediary services (bemiddelen) within the meaning of the Dutch Financial Supervision Act (Wet op het financieel toezicht), and Equip does not hold a licence from the Autoriteit Financiële Markten.
The financial experts available through the Services are engaged either by us or by your adviser. Where an expert is engaged by your adviser, your adviser is responsible for the advice given and for the expert's qualifications and conduct. Where an expert is engaged by us, we take reasonable care in their selection and require appropriate qualifications, but the expert remains responsible for their professional judgement.
17. LIABILITY
To the extent permitted by law, we are not liable for any indirect or consequential loss, including but not limited to lost profit, lost revenue or loss of data arising from among others:
The use or the inability to use the Services;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Services; or
Any other matter relating to the Services.
Our liability for direct loss arising out of or in connection with these Terms or the Services is limited to EUR 1,000 per event and EUR 10,000 in aggregate in any twelve-month period. We are not liable for advice provided by an expert engaged by your employer or adviser, or for the acts or omissions of your employer or adviser.
Nothing in these Terms excludes or limits our party’s liability for death or personal injury caused by negligence, for fraud or willful intent or deliberate recklessness (opzet of bewuste roekeloosheid) on its part or that of its management, or for anything else that cannot be excluded or limited under Dutch law.
18. YOUR RESPONSIBILITY TO US
If a third party brings a claim against us because you have used the Services in breach of these Terms or in breach of the law, you are responsible for and shall indemnify us for the loss we suffer as a result, to the extent that loss can be attributed to you.
19. YOUR DATA
We hold data you provide through the Services in order to operate them, together with data about how you use them. Our Privacy Policy, available on our website at https://www.withequip.com/privacy_policy, explains this in full.
We take regular backups. We still recommend you keep your own copy of anything you upload that you may need later.
If data is lost or corrupted as a result of our failure to meet our obligations, the section on Liability above applies.
20. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Visiting the Services, sending us emails and completing online forms are electronic communications. You agree that we may communicate with you electronically, and that agreements, notices, disclosures and other communications we provide to you by email or through the Platform satisfy any legal requirement that they be in writing. This does not affect any right you have under Dutch law to receive information on a durable medium.
21. MISCELLANEOUS
These Terms, together with any additional terms we post for particular features, are the entire agreement between you and us about your use of the Services. If we do not exercise a right under these Terms, that does not mean we give it up. We may transfer our rights and obligations under these Terms to another company, for example if our business is reorganised or sold; if we do, we will tell you and your rights under these Terms will not be reduced. We are not responsible for any failure to perform caused by something beyond our reasonable control. If any provision of these Terms is unlawful, void or unenforceable, it is severed and the remaining provisions continue to apply. Nothing in these Terms creates a joint venture, partnership, employment or agency relationship between you and us.
22. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Equip Financial Technology B.V.
Elandsstraat 169H
Amsterdam 1016 RZ
The Netherlands
support@withequip.com
TERMS OF SERVICE
Last updated September 25, 2026
1. AGREEMENT TO THESE TERMS
These Terms of Service ("Terms") are a legally binding agreement between you ("you") and Equip Financial Technology B.V., doing business as Equip ("Equip", "we", "us" or "our"), each a “Party” and together the “Parties”. These Terms (together with any additional terms set out on our website) govern your access to and use of our website at https://withequip.com (the "Site") and of the Equip platform at https://platform.withequip.com, also including where you access the Platform through your adviser at a web address in the form https://[youradvisor].withequip.com (the "Platform"). The Site and the Platform are together referred to as the "Services".
We are registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 86747606. Our office address is Elandsstraat 169H, 1016 RZ Amsterdam. You can contact us at support@withequip.com and we will get back to you as soon as we can.
We present these Terms to you before you log in to the Platform, and you must accept them before you log in. By accepting them, you confirm that you have read and understood these Terms and agree to be bound by them. You can read them again at any time on the Site.
If you do not agree with these Terms, you may not use the Services.
Additional terms that we post on the Site or the Platform and that are specific to a particular feature form part of these Terms. If an additional term specific to a feature conflicts with these Terms, such additional term shall take precedence over these Terms.
We reserve the right, without prior warning, to unilaterally amend these Terms from time to time in a manner we deem necessary, for example when we add features or when the law changes. We shall publish the amended Terms on our Site or Platform. If we make a material change, we will tell you by email or through the Platform before it takes effect, and we will explain what is changing. If you do not wish to accept the change, you can close your account before it takes effect.
The Services are intended for individuals residing and working in the Netherlands. The information on them is not intended for use by any person in any jurisdiction where such use would be contrary to law or regulation, or would subject us to a registration requirement. If you choose to access the Services from elsewhere, you do so at your own risk, initiative and responsibility and you are solely responsible for compliance with local law.
The Services are intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Services.
2. HOW EQUIP IS PROVIDED TO YOU
Equip is made available to you through your employer. Your employer may offer it directly, or through its pension adviser. Where it is offered through an adviser, the Platform may carry that adviser's name, logo and colours, but the software is built and operated by Equip. That is why you will still see Equip web addresses and Equip email addresses.
These Terms are between you and Equip. They govern your use of the Services. They do not create any agreement between you and your employer, or between you and your adviser.
Your employer or adviser has a separate commercial agreement with us. That agreement determines whether Equip is made available to you, for how long, and with which features. If it ends, your access to the Platform ends with it.
You may be able to book a 1:1 video session with a financial expert through the Platform. Depending on the arrangements by your employer or adviser, , that expert may be engaged by Equip or by your employer or adviser. Where the expert is engaged by your adviser, the advice they give you is their responsibility and is governed by your adviser's own terms. They are the party qualified and possibly regulated to give it. We provide the software the session runs on.
You do not pay us anything for the Services. Your employer or your adviser pays for them.
3. INTELLECTUAL PROPERTY RIGHTS AND CONTRIBUTIONS
3.1 Ownership
Each Party retains all right, title and interest in and to its intellectual and industrial property rights of any kind, whether registered or unregistered, including patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names, domain names, design rights, database rights, rights in software, source code, algorithms, know-how and trade secrets, together with all applications, registrations, renewals and extensions relating to them, anywhere in the world (“Intellectual Property Rights”) existing prior to, or developed independently of, the Services (“Background IP”).
Except for the rights expressly granted under these Terms, neither Party acquires any right, title or interest in or to the other Party’s Intellectual Property Rights.
3.2 Our Technology
As between the Parties, we retain all right, title and interest in and to the Services and all software, platforms, technology, functionality, tools, methodologies, documentation, designs, text, graphics, video and other materials used, developed or provided by us in connection with the Services, including all modifications, updates, upgrades, enhancements, configurations, developments and derivative works thereof, whether created before, during or after your use of the Services and whether developed specifically for you or otherwise (“Our Technology”).
To the extent any Intellectual Property Rights in Our Technology vest in you, you hereby assign those rights to us and agree to take any reasonable steps necessary to give effect to that assignment.
3.3 Licence to You
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable and non-sublicensable right to access and use the Services, Our Technology and any content made available to you solely for your personal, non-commercial use and for the period during which you are entitled to use the Services.
No rights are granted to you other than those expressly set out in these Terms.
3.4 Your Contributions
The Services allow you to provide or upload information, materials and content, including messages to your financial expert, answers to questionnaires or self-service tools, documents you upload and questions you submit to Penny (together, “Contributions”).
You retain ownership of your Contributions and any Intellectual Property Rights in them. We do not claim ownership of your Contributions.
You grant us and our affiliates, subcontractors and service providers a non-exclusive, worldwide, royalty-free licence to access, use, reproduce, store, process, modify and otherwise handle your Contributions to the extent necessary to provide, operate, support, maintain, secure and improve the Services and perform our obligations under these Terms.
Our collection and use of personal data contained in your Contributions is governed by our Privacy Policy.
3.5 Your Responsibility for Contributions
You are responsible for your Contributions. By providing a Contribution, you confirm that:
you own it or have all rights, permissions and consents necessary to provide it to us and allow us to use it as contemplated by these Terms;
it does not infringe any Intellectual Property Rights, privacy rights or other rights of any third party;
it does not contain anything unlawful, fraudulent, misleading, abusive, discriminatory, defamatory or otherwise harmful, or otherwise violate applicable law or these Terms; and
where you upload documents or information relating to another person, you are entitled to provide that information to us.
When uploading documents, you should remove or redact information that is not necessary for the Services and that you do not want us to hold, including your citizen service number (BSN).
We may suspend or restrict your use of the Services where your Contributions breach these Terms, in accordance with the Term and Termination section. You shall indemnify us against any third party claims, losses, damages, liabilities, costs and expenses arising out of or in connection with any breach of the above.
3.6 Feedback
If you provide us with feedback, suggestions, ideas or recommendations regarding the Services, we may use and incorporate them into the Services and Our Technology without restriction or obligation to you. We will not identify you as the source of such feedback without your consent.
3.7 Third-Party Intellectual Property
The Services may include or depend upon third-party software, technology, content or other materials. Such third-party materials may be subject to separate third-party licence terms, where applicable.
3.8 Intellectual Property Claims
If a third party claims that your authorised use of the Services infringes its Intellectual Property Rights, we may, at our option: (i) obtain the right for you to continue using the affected Services; (ii) modify or replace the affected Services with substantially equivalent non-infringing functionality; or (iii), if neither option is reasonably available, suspend or terminate the affected Services.
We shall have no liability to the extent a claim arises from your Contributions, modifications not made or authorised by us, use of the Services contrary to these Terms or our instructions, or the combination of the Services with products, services or materials not supplied or approved by us.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) the registration information you submit is true, accurate, current and complete; (2) you will keep that information up to date; (3) you have the legal capacity to agree to these Terms; (4) you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide information that is materially untrue, inaccurate, out of date or incomplete, we may ask you to correct it and, if the problem is serious or you do not correct it, suspend or close your account in accordance with the section on Term and Termination below.
5. YOUR ACCOUNT
To use the Platform you need an account. Your employer or your adviser gives us the details we need to create it or may create your account directly, or you may be able to register for an account directly with us. You agree to keep your account details confidential, and you are responsible for activity that takes place under your account. Please tell us at support@withequip.com as soon as you can if you think someone else has gained access to it.
Your account is personal to you. You may not share it with, or transfer it to, anyone else.
Your account closes when you close it yourself, when your employer or adviser stops offering Equip to you, or if you have not logged in for 48 months. We will email you before closing an account for inactivity. What happens to your data when your account closes is explained in our Privacy Policy (which is available via https://www.withequip.com/privacy_policy).
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavour except those we specifically endorse or approve.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Trick, defraud, mislead, impersonate, harass, intimidate or harm us, our personnel, other users or any third party, or misuse our support services.
Circumvent, disable, bypass or interfere with any security or access restrictions relating to the Services or Our Technology.
Upload or transmit viruses, malicious code, spyware or other material that disrupts, damages or interferes with the Services, Platform or any third-party systems.
Use automated systems, scripts, robots, spiders, scrapers or similar tools to access or extract data from the Services, except through standard search engine or Internet browser usage.
Reverse engineer, decrypt, decompile, disassemble, modify, copy, translate or create derivative works of Our Technology, content or the Services, or attempt to access their source code, except as permitted by applicable law.
Remove or alter any copyright or other proprietary notice relating to the Services or Our Technology,
Sell, transfer, rent, distribute, sublicense, encumber or otherwise make any of the Services or Our Technology available to a third party, or use them for the benefit of a third party.
Interfere with or disrupt the integrity or performance of the Services, or use them to disrupt or harm any third-party systems or environment.
Use the Services or Our Technology to develop or provide a competing product or service, or otherwise for any unauthorised commercial or revenue-generating purpose.
Copy or make any Services or Our Technology available on any public or external distributed network.
Collect usernames, email addresses or other information for unsolicited communications, or create accounts by automated means or under false pretences.
Use the Services in violation of any applicable law or regulation.
Sell or otherwise transfer your profile.
Use Penny or any other AI feature to produce unlawful, misleading or harmful content, enter third-party personal data unless necessary and lawfully permitted, or attempt to extract or reverse engineer any underlying models, prompts or logic.
Enter personal data about other people into Penny or any other AI feature, unless it is necessary for your own financial question and you are entitled to share it.
Present output from the Services to any other person as financial, tax or legal advice.
7. CONNECTING YOUR FINANCIAL DATA
The Platform can bring in financial information from outside sources so you do not have to enter everything by hand. Each of these is optional, and the Platform works without them.
Your bank accounts (Invers). You can connect your bank accounts through our partner Invers B.V., which is licensed by De Nederlandsche Bank under the Payment Services Directive (PSD2). You give permission in your own bank's environment, for a period of 180 days at a time, and you can withdraw it at any time.
Source data (Ockto). You can share data from official sources, such as UWV, the Belastingdienst, MijnOverheid and Mijnpensioenoverzicht, through our partner Ockto B.V. You log in with DigiD, you see what will be shared, and you approve it before anything reaches us.
Documents you upload. You can also upload documents yourself, for example a pension overview you have downloaded from mijnpensioenoverzicht.nl.
We use the information we receive as it reaches us. We do not verify whether it is correct or complete, and we are not responsible for errors in data provided by your bank, by a government source or by you. The insights the Platform produces depend on that information, so if something looks wrong, please correct it or let us know.
Invers and Ockto have their own terms and privacy statements, which govern what they do. Our Privacy Policy explains what we do with the data once we receive it.
8. USE OF AI
The Services use artificial intelligence, including Penny, our digital AI assistant, to help you navigate financial topics, prepare for sessions with your financial expert and answer your questions.
We will make it clear when you are interacting with Penny or another AI feature rather than a person. Where appropriate, you may also discuss your questions with a human financial expert through the Services.
Penny and our other AI features provide general information and guidance, which may be tailored to your situation. They are designed to help you understand your options. They do not recommend you which product you should choose, they do not enter into or arrange transactions on your behalf, and they do not provide financial advice (advies) or intermediary services (bemiddelen) within the meaning of the Dutch Financial Supervision Act (Wet op het financieel toezicht).
AI-generated content may contain errors or be incomplete, inaccurate or out of date. It is based on the information available to the AI, including information you provide, and may not take account of all circumstances relevant to you. You should therefore not rely solely on AI-generated content when making important financial or other decisions. Where appropriate, you should discuss your situation with a financial expert or other suitably qualified adviser.
We do not use Penny or other AI features to make solely automated decisions about you that produce legal effects or similarly significantly affect you.
Our Privacy Policy explains how we process information and personal data in connection with our use of AI, including information you provide through your conversations with Penny.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or content. We do not control those websites or content and are not responsible for their availability, accuracy or practices. Your use of third-party websites or services is subject to the terms and privacy policies of the relevant third party.
10. MANAGING THE SERVICES
We may, but are not obliged to: (1) monitor the Services for breaches of these Terms; (2) take appropriate legal action against anyone who breaches the law or these Terms; (3) refuse, restrict or disable access to any Contribution that breaches these Terms; (4) remove content that is excessive in size or otherwise burdensome to our systems; and (5) otherwise manage the Services so that they function properly and our rights and those of our users are protected.
11. PRIVACY
We care about data privacy and security. Our Privacy Policy explains what personal data we collect, why we collect it, who we share it with, how long we keep it and what rights you have. You can read it on our website at https://www.withequip.com/privacy_policy. Our Privacy Policy tells you how we handle your personal data; it is not a set of contractual terms and is not incorporated into these Terms.
12. TERM AND TERMINATION
These Terms apply for as long as you use the Services.
We may suspend or terminate your access to the Services if you materially breach these Terms, misuse the Services, create a security or fraud risk, or if required by law. Your access may also end if the agreement under which your employer or adviser provides you with the Services ends.
Where reasonably practicable, we will tell you why and may give you an opportunity to remedy the issue, unless doing so would be unlawful or create a security risk.
You may close your account at any time by contacting us at support@withequip.com.
If we have closed your account because of a serious breach of these Terms, you may not open a new account without our permission. We may also take legal action where the breach causes us loss.
13. CHANGES AND INTERRUPTIONS
We may change and improve the Services over time, and we may add or remove features. If we make a change that materially reduces functionality you rely on, we will tell you in advance where we reasonably can.
We aim to keep the Services available, but we cannot promise they will be available without interruption. We may need to carry out maintenance, and faults can occur. We will keep planned downtime as short as we reasonably can and will give you notice where we can.
Our liability for any interruption is governed by the section on Liability below, and nothing in this section affects your rights under Dutch consumer law.
14. DISPUTE RESOLUTION AND GOVERNING LAW
The parties will, where it is practicable to do so and depending on the nature of the dispute in question, attempt to resolve disputes informally and in good faith.
These Terms are governed by Dutch law. Any dispute arising out of or in connection with these Terms shall be submitted to the competent courts of the Netherlands. If you are a consumer, this does not affect any mandatory rights you may have to bring proceedings before another competent court or to rely on mandatory consumer protection laws applicable to you.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
The Services are provided on an “ as is” and “as available” basis. We take reasonable care to keep the information and content available through the Services accurate and up to date, but we do not guarantee that it is complete, accurate or suitable for your particular situation. To the extent permitted by law, we exclude all warranties that are not expressly set out in these Terms.
The information and guidance provided through the Services is for general information purposes. It does not constitute financial advice (advies) or intermediary services (bemiddelen) within the meaning of the Dutch Financial Supervision Act (Wet op het financieel toezicht), and Equip does not hold a licence from the Autoriteit Financiële Markten.
The financial experts available through the Services are engaged either by us or by your adviser. Where an expert is engaged by your adviser, your adviser is responsible for the advice given and for the expert's qualifications and conduct. Where an expert is engaged by us, we take reasonable care in their selection and require appropriate qualifications, but the expert remains responsible for their professional judgement.
17. LIABILITY
To the extent permitted by law, we are not liable for any indirect or consequential loss, including but not limited to lost profit, lost revenue or loss of data arising from among others:
The use or the inability to use the Services;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Services; or
Any other matter relating to the Services.
Our liability for direct loss arising out of or in connection with these Terms or the Services is limited to EUR 1,000 per event and EUR 10,000 in aggregate in any twelve-month period. We are not liable for advice provided by an expert engaged by your employer or adviser, or for the acts or omissions of your employer or adviser.
Nothing in these Terms excludes or limits our party’s liability for death or personal injury caused by negligence, for fraud or willful intent or deliberate recklessness (opzet of bewuste roekeloosheid) on its part or that of its management, or for anything else that cannot be excluded or limited under Dutch law.
18. YOUR RESPONSIBILITY TO US
If a third party brings a claim against us because you have used the Services in breach of these Terms or in breach of the law, you are responsible for and shall indemnify us for the loss we suffer as a result, to the extent that loss can be attributed to you.
19. YOUR DATA
We hold data you provide through the Services in order to operate them, together with data about how you use them. Our Privacy Policy, available on our website at https://www.withequip.com/privacy_policy, explains this in full.
We take regular backups. We still recommend you keep your own copy of anything you upload that you may need later.
If data is lost or corrupted as a result of our failure to meet our obligations, the section on Liability above applies.
20. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Visiting the Services, sending us emails and completing online forms are electronic communications. You agree that we may communicate with you electronically, and that agreements, notices, disclosures and other communications we provide to you by email or through the Platform satisfy any legal requirement that they be in writing. This does not affect any right you have under Dutch law to receive information on a durable medium.
21. MISCELLANEOUS
These Terms, together with any additional terms we post for particular features, are the entire agreement between you and us about your use of the Services. If we do not exercise a right under these Terms, that does not mean we give it up. We may transfer our rights and obligations under these Terms to another company, for example if our business is reorganised or sold; if we do, we will tell you and your rights under these Terms will not be reduced. We are not responsible for any failure to perform caused by something beyond our reasonable control. If any provision of these Terms is unlawful, void or unenforceable, it is severed and the remaining provisions continue to apply. Nothing in these Terms creates a joint venture, partnership, employment or agency relationship between you and us.
22. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Equip Financial Technology B.V.
Elandsstraat 169H
Amsterdam 1016 RZ
The Netherlands
support@withequip.com