Terms AxonContinuity

Version 1.0, 26 October 2026

1. Who we are and how these terms fit together

1.1. AxonContinuity is a service of Axon Factory, a trade name of M. de Jager Holding B.V., having its registered office at Kweeklust 7, 2203 ZB Noordwijk, the Netherlands, Chamber of Commerce 60613319. Questions go to support@axonfactory.ai.

1.2. Every order of AxonContinuity is governed by the General Terms and Conditions of Axon Factory, version 2.1 of 21 October 2026: Part A (general provisions) and Part D (digital products and document tools). You can find this version at www.axonfactory.ai/en/voorwaarden/v2-1.

1.3. This text contains the product terms for AxonContinuity, as referred to in articles A2.3 and D7 of the Axon Factory terms. They add to those terms. Where they conflict, this text prevails. Where we refer below to an article with a letter in front, such as A12, we mean that article of the Axon Factory terms.

1.4. The AxonContinuity data processing agreement (version vwo-1.0) is an annex to these terms. You accept both together, before paying.

1.5. "You" means the Client: the organisation that orders AxonContinuity. Capitalised words, such as Client, Agreement and In Writing, have the meaning given in A1. In addition:

• the Plan is the business continuity plan in Word and PDF that AxonContinuity puts together for you;
• the Card is the one-page A4 emergency card, front and back, as a separate PDF;
• the Documents are the Plan and the Card together (Documents within the meaning of D1.1);
• the Delivery is the moment we mail you that the Documents are ready;
• the Call is the call of article 8;
• the Backup Check is the free check of article 9.

2. For whom

AxonContinuity is only for businesses and organisations with a Dutch Chamber of Commerce (KVK) number, ordering in the course of their profession or business (A2.5 and D1.4). Not for consumers. The right of withdrawal that consumers have therefore does not apply.

3. What AxonContinuity is

You fill in a questionnaire about your processes, systems, suppliers, backups and contact persons. From it, AxonContinuity puts together the Plan and the Card: a recovery order with target times, an overview of dependencies, six worked-out scenarios, an action list with open points, and a card for the first 60 minutes with the phone numbers you gave. The Documents consist of fixed texts by Axon Factory, chosen on the basis of your answers with fixed rules, and your own answers (D2.1).

4. What AxonContinuity is not

4.1. The Plan and the Card are a tool, not advice on the specific situation of your organisation. They are as good as the answers they are based on, on the date you gave them (D2.3). A question you answered with "I don't know" is shown as an open point in the action list.

4.2. Target times are indicative. Set them with your IT partner.

4.3. The Plan is only usable once you have reviewed, adopted and practised it, and keep it up to date. You do that yourself (D2.4).

4.4. AxonContinuity gives no guarantee that your organisation will get through an emergency or that recovery will succeed. It is no ISO 22301 certification, not an assessment of whether the Dutch Cyber Security Act (Cyberbeveiligingswet) applies to you, and not legal advice on reporting obligations (A12.4). Using the Documents does not mean that you meet laws and regulations (D2.4).

4.5. Axon Factory undertakes to use its best efforts, not to achieve a result (A4.1).

5. Your answers and other people's data

5.1. You are responsible for the accuracy and completeness of your answers (A5.2 and D2.3).

5.2. Never enter passwords, recovery codes or other access credentials, and do not name people in the description of systems or processes.

5.3. If you enter names and phone numbers of staff, suppliers, your IT partner, your insurer or others, you are the controller of that data and Axon Factory is the processor. The data processing agreement applies (article 1.4). You make sure you may use that data for the Plan and the Card, and that the people concerned know they are on the Card.

6. Price and payment

6.1. The price is € 49 excluding VAT (€ 59.29 including 21% VAT), once. You pay in advance through Mollie, Axon Factory's payment service provider (D1.2). Payment and invoicing go through AxonHub, Axon Factory's invoicing system. The Agreement is concluded when you complete the order (A3.2). The invoice comes by e-mail from Axon Factory.

6.2. With a valid voucher code, for example from a partner of Axon Factory, you pay nothing. A voucher order comes without an invoice and article 8 does not apply. Otherwise these terms apply in full.

7. Delivery

7.1. After payment we put the Documents together. That usually takes about a minute. You get a mail with a download link as soon as they are ready. The Card is not attached to that mail.

7.2. The download link works for 7 days. Within 30 days of the Delivery you can request a new link; it only goes to the e-mail address of the order, and the previous link expires.

7.3. 30 days after the Delivery we delete the Documents, your answers and the contact details (article 14). A safety net in the storage deletes the Documents in any case no later than 45 days after they were put together. After that we cannot deliver or put together the Documents again. So save them yourself (D5.2).

7.4. If putting the Documents together fails, you will hear from us within 1 working day. If we cannot deliver, we refund the full amount (D4.1).

8. Money back after a call

8.1. If you book a 30-minute Call with Mischa de Jager about the Plan within 60 days of the Delivery, we refund the full amount you paid for the order after the Call. The Call must be booked within those 60 days. It may take place later, but no later than 90 days after the Delivery.

8.2. You book the Call through the link in the mail and in the Plan, with your order number. The Call comes with no strings attached: you do not have to buy anything afterwards.

8.3. You can reschedule the Call once, up to 24 hours in advance, through the confirmation of the appointment or by mailing support@axonfactory.ai. The new date may fall after the 60 days, but not after the final date of 8.1. If we reschedule the Call, that does not count and the final date moves along where needed. If we cannot offer a Call before that date, we refund anyway.

8.4. If you do not show up without notice, you can book a new Call once within 7 days, before the final date of 8.1. If you do not show up again, the offer lapses.

8.5. We refund within 14 days of the Call, through Mollie to the payment account you paid with. The refund goes through AxonHub and you receive a credit note. You may keep the Documents. The offer applies once per order.

8.6. The offer does not apply to a voucher order (article 6.2).

8.7. This offer prevails over D4.3.

9. Free backup check

9.1. Axon Factory offers a free Backup Check: a short questionnaire about your backups. You get a fixed reason per question and one overall verdict: "no concern found", "concern found", "unproven" or "unknown". With "no concern found" it always says: "Only a restore test proves it." This article applies to anyone who takes the Backup Check, also without an order.

9.2. The verdict is about how your backups are set up, based on your own answers. It is not a judgement of the work of your IT partner or any other supplier, and no guarantee that recovery will succeed.

9.3. Your answers stay in your browser. We only keep the overall verdict, the number of questions per verdict, the date, the language and the origin of the link. More is in the privacy statement.

9.4. Axon Factory may refuse or limit the Backup Check or the outcome mail without giving reasons, for example with a limit per e-mail address or per connection.

10. Mails about your order

10.1. Besides the mail at payment and the mail at the Delivery we send: at your request a link to resume the questionnaire later (at most 3 per hour) and, within 30 days of the Delivery, a new download link; once, a mail with a link back to your overview if a payment was aborted or expired; on day 14 after the Delivery a mail about going through the Plan; on day 50 a reminder about the Call, only if you have not booked a Call yet, nothing has been refunded and it is not a voucher order; and after 6 months a mail to review your Plan and check the numbers on the Card.

10.2. Every mail of 10.1, except the ones at payment and at the Delivery, has a stop link. If you use it, you get no more mails about this order. Your right to the refund stays.

10.3. You only get news or offers from Axon Factory if you choose that separately when ordering or with the Backup Check. That box is unticked by default and is separate from your order. If you tick it, we pass your e-mail address and company name on to Axon Factory's contact list and record when you chose it and which text you saw. You can unsubscribe at any time, in every news mail or through support@axonfactory.ai.

11. If it is wrong or does not work

11.1. If part of the Documents clearly does not match your answers, a part is missing or a file cannot be opened, report it within 30 days of the Delivery to support@axonfactory.ai, stating what you think is wrong (D4.2).

11.2. We check it and let you know within 10 working days what we will do. As long as your answers are still kept, we can put the Documents together again. If that does not solve it, we refund the full amount.

11.3. An answer you would have liked to give differently is not an error in the Documents (D4.3). You can adapt the Plan in Word yourself.

12. The Documents

12.1. The Documents are intended for the Client. You may use them for your own business and share them with your staff, your IT partner, your advisers, your insurer and your accountant (D3.1 and D3.2).

12.2. Anyone who gets the Documents through you cannot derive any rights from them against Axon Factory. You may not publish them or offer them as your own product (D3.3).

12.3. If an IT partner, adviser or other party fills in the questionnaire on your behalf, it does so on your KVK number, in your name and for your account. You are then the Client and these terms apply between you and Axon Factory. The party filling in declares that you have authorised it to do so.

12.4. By way of derogation from D2.2, no language model writes text in the Documents. A language model only assigns the free names you enter for systems and processes to a fixed list of categories. If that does not work, the item appears as "other" in the Plan, with your own name.

12.5. The texts, the rule set and the tool are Own Materials of Axon Factory and remain its property (A10.1 and D3.4).

13. Liability

13.1. A12 and D6 apply to AxonContinuity. Our liability is limited to direct damage (A12.2), up to at most the amount excluding VAT that was paid for the order. That cap continues to apply once we have refunded the amount.

13.2. We are not liable for indirect damage (A12.3). That includes damage from third-party claims, also from anyone who got the Documents through you.

13.3. We are also not liable for:

• damage caused by an emergency or incident itself, such as ransomware, system outages, fire, water damage, the failure of a supplier or a data breach at your end or at a third party. A data breach at Axon Factory itself is not covered by this;
• a sanction or other measure by a regulator;
• damage because recovery of systems or data does not succeed, or not in time, also if you followed the steps in the Plan;
• damage because the Plan has not been adopted, practised or kept up to date, or because numbers on the Card are no longer correct;
• damage because your answers were incorrect or incomplete;
• damage because you carry out a step without first having it assessed by your IT partner or another expert;
• a decision you take based on the outcome of the Backup Check.

13.4. These limitations do not apply in case of intent or deliberate recklessness of Axon Factory or its management (A12.5). Report damage In Writing as soon as possible; a claim lapses 12 months after you knew or should reasonably have known of the damage (A12.6).

14. Data and retention

14.1. We delete your answers, the contact details and the Documents 30 days after the Delivery. For an order that was not paid: 30 days after you started the questionnaire. If it was paid but not yet delivered, we keep them until 30 days after payment. A safety net in the storage deletes the Documents in any case no later than 45 days after they were put together. Deleted data may remain in the database backups until those backups expire. This is in line with D5.1.

14.2. We store the contact details encrypted and separately. More is in the data processing agreement.

14.3. We delete your e-mail address 6 months after the Delivery, after the mail of article 10.1 about reviewing your Plan. For an order that was not paid, we delete your e-mail address after 30 days, together with your answers. After that we only keep a pseudonymised (hashed) version.

14.4. We keep the other order details, such as company name, KVK number, status, order number and the versions of the terms you accepted, for 12 months. Invoices are kept for 7 years, as the law requires.

14.5. Axon Factory is the controller of the data in 14.3 and 14.4 (A11.4). More is in the AxonContinuity privacy statement.

15. Governing law and disputes

These terms and every order are governed by Dutch law; the Vienna Sales Convention (CISG) is excluded. We first try to resolve a dispute together. Failing that, disputes are decided exclusively by the competent court of the District Court of The Hague (A17).

16. New versions and language

A new version of these terms applies to orders placed afterwards (A16.1). We record the version you accepted with your order. These terms exist in Dutch and English; in case of difference, the Dutch text prevails (A18.4).