Version 2026. Applicable to all agreements from 1 January 2026.
Current version always available at www.enlivenempathy.com/general-terms
Legal entity: Enliven Social Enterprise B.V. | KVK: 78623332 | BTW: NL861474168B01
Registered office: Jansbuitensingel 30, 6811AE Arnhem, the Netherlands
Representative: Alex Tavassoli, Managing Director | Contact: info@enlivenempathy.com
These General Terms and Conditions (the 'GTC') govern the use of Enliven's Platform and the provision of Enliven's Services, and form an integral part of every Agreement between the Customer and Enliven. By entering into an Agreement with Enliven, the Customer accepts these GTC in full.
Agreement — The contract between the Customer and Enliven pursuant to which Enliven provides Services and/or grants access to the Platform. The Agreement comprises these GTC, any applicable Statement of Work, any engagement letter, and any purchase order issued in connection with the Services. For standard sessions, workshops, and demonstrations, the Agreement is established through a quote accepted in writing by the Customer.
Business Days — Any day other than a Saturday, Sunday, or public holiday in the Netherlands.
Confidential Information — All information exchanged between the Parties in connection with the Agreement that is identified as confidential or that a reasonable person would understand to be confidential, including: commercial terms, pricing, business plans, client lists, session content, measurement results, proprietary methodologies, and the identities of Enliven's sub-contractors and methodology partners.
Customer — The company or legal entity that enters into the Agreement with Enliven for Platform Services, Delivery Services, or both.
Deliverables — Any documents, reports, analyses, or materials produced by Enliven in connection with the Services and provided to the Customer, including Rollout Decision Packages, impact measurement reports, programme recommendations, and facilitation summaries.
Delivery Services — Session-based services provided by Enliven under the Agreement, including facilitation of immersive training sessions using the SIF, provision of VR Equipment, facilitated group dialogue, behavioural activation, measurement and reporting, and programme management.
Enliven — Enliven Social Enterprise B.V., Jansbuitensingel 30, 6811AE Arnhem, the Netherlands, KVK 78623332, including all affiliated companies.
Intellectual Property Rights — All copyrights, neighbouring rights, database rights, patent rights, trademark rights, trade name rights, design rights, trade secret rights, and any other intellectual property rights, whether registered or unregistered, in any jurisdiction worldwide.
Party / Parties — Enliven and the Customer individually or collectively.
Platform — Enliven's online VR software-as-a-service platform providing Users with access to VR Simulations and related content.
Platform Services — Subscription-based services granting the Customer and its Users access to and use of the Platform, including VR Simulations, content updates, and associated support.
Privacy Statement — Enliven's privacy statement at www.enlivenempathy.com/privacy-policy.
Programme — A defined series of Sessions delivered under a single Agreement or Statement of Work.
Services — Platform Services and/or Delivery Services, as applicable to the Agreement.
Session — A single facilitated immersive training event delivered by Enliven using the SIF, typically 2–3 hours, maximum 16 participants. Sessions with more than 16 participants require Enliven's prior written approval and may incur additional fees.
SIF (Standardized Immersion Format) — Enliven's proprietary three-component session format comprising: (i) a VR experience via Enliven's VR platform and hardware; (ii) facilitated group dialogue and structured reflection; and (iii) behavioural activation and commitment. The SIF is Enliven's core intellectual property. All Sessions use the SIF unless a SOW explicitly provides otherwise.
SOW (Statement of Work) — A written document executed by both Parties defining scope, deliverables, timeline, pricing, and any special terms for a particular engagement. An SOW forms part of the Agreement and is governed by these GTC.
User — An employee or other person authorised by the Customer to access and use the Platform on the Customer's behalf.
VR Equipment — Virtual reality headsets, controllers, and associated hardware provided by Enliven on a temporary loan basis during Delivery Services. Title remains with Enliven at all times.
VR Simulations — The virtual reality simulations accessible via the Platform or deployed during Delivery Services, as developed by or for Enliven.
2.1 These GTC apply to all Agreements between Enliven and the Customer, including Platform Services and Delivery Services engagements, whether or not a formal SOW has been executed.
2.2 Any general terms and conditions of the Customer are expressly rejected and do not apply to any Agreement with Enliven, regardless of when they were communicated or whether the Customer purports to incorporate them by reference.
2.3 In the event of any inconsistency between these GTC and a SOW, the SOW prevails with respect to commercial terms (fees, scope, deliverables, timelines, and payment milestones). These GTC prevail with respect to all legal terms (liability, intellectual property, confidentiality, data, governing law, and dispute resolution), unless the SOW explicitly references the specific GTC article from which it deviates.
2.4 Any purchase order, vendor agreement, or supplier terms and conditions issued by the Customer are not binding on Enliven unless expressly accepted by Enliven in a separately signed written document.
2.5 These GTC are published in English. English is the sole governing language version.
2.6 Enliven reserves the right to amend these GTC unilaterally. Existing Customers will be notified with at least 60 days' written notice. Continued use of Enliven's Services after the effective date constitutes acceptance. If the Customer does not accept the amended GTC, the Customer may terminate the Agreement with 30 days' written notice before the effective date, without penalty.
3.1 An Agreement is established when the Customer accepts a quote or engagement letter from Enliven in writing, or when both Parties execute a SOW. A purchase order issued in response to a quote constitutes written acceptance.
3.2 Quotes and engagement letters are non-binding and valid for 30 days from the date of issue unless a different validity period is stated. Enliven may withdraw or modify a quote at any time before the Customer's written acceptance.
3.3 Oral commitments by Enliven are not binding unless confirmed in writing by an authorised representative of Enliven.
3.4 The Agreement, comprising these GTC and any applicable SOW or engagement letter, constitutes the complete and exclusive agreement between the Parties regarding its subject matter, superseding all prior discussions, proposals, and communications.
3.5 Enliven is entitled to transfer the Agreement to affiliated companies or, in connection with a business transfer, to third parties. The Customer may not transfer the Agreement without Enliven's prior written consent.
4.1 Enliven provides two service tracks: Platform Services (Article 5) and Delivery Services (Article 6). The Agreement specifies which track or combination applies to the Customer's engagement.
4.2 Platform Services and Delivery Services may be engaged independently or in combination. All articles of these GTC apply to both tracks unless an article expressly applies to one track only.
4.3 Where a Session is delivered using VR Simulations from the Platform as part of a combined engagement, the Delivery Services provisions govern that Session, regardless of the existence of a Platform Services subscription.
5.1 Subject to the Customer's compliance with the Agreement, Enliven grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the term of the Agreement, solely for the Customer's internal business purposes.
5.2 The Customer may authorise Users to access the Platform. The Customer is responsible for ensuring Users comply with these GTC and is liable for all activities carried out under its account and Users' accounts.
5.3 The Customer and its Users must not: (a) use the Platform for any purpose other than as permitted; (b) reverse-engineer, decompile, or attempt to derive the source code of the Platform, except to the minimum extent expressly permitted by mandatory applicable law; (c) commercially exploit, sublicense, resell, or make the Platform available to any third party; (d) reproduce, distribute, or publicly display any Platform content without Enliven's prior written consent; or (e) allow unauthorised third parties to access the Platform.
5.4 Platform access is governed by the bundle or package specified in the Agreement. Bundle upgrades take effect upon Enliven's written confirmation. Bundle downgrades take effect at the start of the next renewal term.
5.5 Enliven commits to exercising reasonable care to maintain the Platform and limit errors and interruptions. Enliven does not warrant that the Platform will operate without interruption or error, or that all defects will be remedied.
5.6 Enliven may temporarily suspend the Platform for maintenance or security purposes. Where possible, Enliven will give at least 5 Business Days' advance notice of scheduled downtime and will schedule maintenance outside standard business hours (09:00 to 18:00 CET, Monday to Friday).
5.7 Enliven reserves the right to modify the Platform's content and functionality. Material reductions in functionality will be communicated with reasonable advance notice.
5.8 Platform Services commence on the start date specified in the Agreement. Upon expiry of the initial term, the Agreement auto-renews for successive periods of equal duration unless either Party gives written notice of termination at least 60 days before the end of the then-current term.
6.1 Enliven will deliver all Sessions in accordance with the SIF, applying professional care and expertise consistent with the standards of a competent provider of immersive corporate learning programmes. All Services are provided on a best-efforts basis. Specific dates communicated by Enliven are indicative rather than firm deadlines.
6.2 Enliven is entitled to make improvements and adjustments to the SIF and session content without prior notice, provided such changes do not materially reduce the quality or scope agreed in a SOW.
6.3 Enliven is entitled to have the Services performed wholly or in part by third-party sub-contractors, including specialist facilitators and methodology partners, without requiring the Customer's prior consent. Enliven retains full contractual responsibility for the quality and delivery of all Services regardless of whether sub-contractors are engaged.
6.4 The identities of Enliven's sub-contractors and methodology partners constitute Enliven's Confidential Information. Enliven is not obligated to disclose the identity of any sub-contractor to the Customer unless Enliven elects to do so or is required by law.
6.5 If a confirmed facilitator is unavailable for a planned Session, Enliven will use reasonable efforts to provide a qualified replacement with equivalent competence. Facilitator substitution does not constitute a breach of contract.
6.6 VR Equipment is loaned to the Customer for the duration of each Session only. Title remains with Enliven at all times. Enliven warrants that VR Equipment provided for Sessions is in good working order and has been cleaned and sanitised in accordance with Enliven's standard hygiene protocols prior to each Session.
6.7 The Customer is responsible for ensuring venues provide adequate space, power, and conditions for safe VR Equipment use. Enliven's minimum technical specifications will be communicated in writing in advance of each Session.
6.8 The Customer is liable for any damage to or loss of VR Equipment caused by the Customer, its employees, or participants, except for normal wear and tear arising from use in accordance with Enliven's operational guidelines as communicated in writing before the Session.
6.9 The Customer is responsible for: (a) identifying and confirming participants in accordance with agreed timelines; (b) sending participant communications using Enliven-provided templates; (c) securing suitable venues meeting Enliven's minimum specifications; (d) releasing participants for the full confirmed Session duration; and (e) providing timely feedback and decisions.
6.10 Where measurement tools are included in the Services, the Customer will support distribution to participants and use reasonable efforts to achieve adequate response rates for statistically meaningful results.
7.1 Enliven retains all right, title, and interest, including all Intellectual Property Rights, in and to: the Platform; all VR Simulations; the SIF and all associated methodology, frameworks, and facilitation materials; all Deliverables produced under the Agreement; and any other content, software, or materials created or provided by Enliven. All rights not expressly granted are reserved by Enliven.
7.2 Enliven grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to use Deliverables for the Customer's internal business purposes only. The Customer may not share, publish, reproduce, or make Deliverables available externally without Enliven's prior written consent.
7.3 No Deliverable constitutes jointly owned intellectual property. Any joint ownership requires explicit written agreement between the Parties in a separately signed document. Joint ownership is not implied or inferred from any SOW, proposal, or correspondence.
7.4 Where the Customer provides feedback relating to the Platform's functionality, features, or general service quality, the Customer grants Enliven a worldwide, perpetual, irrevocable, royalty-free licence to use such feedback without obligation. The Customer must not include its Confidential Information in any feedback submitted under this Article.
7.5 The Customer warrants that any content or materials it provides to Enliven do not infringe third-party rights. The Customer indemnifies Enliven against claims arising from Enliven's use of Customer-provided materials as directed by the Customer.
7.6 Enliven warrants that, to its knowledge at the date of the Agreement, the Services and Platform do not infringe the Intellectual Property Rights of any third party. Where a third-party IP claim arises, Enliven will notify the Customer promptly and use reasonable efforts to resolve the claim and, where necessary, modify or replace the affected content. This warranty does not apply to Customer-provided materials.
8.1 Each Party shall keep confidential all Confidential Information of the other Party and shall not disclose or use it except as strictly necessary to perform its obligations or exercise its rights under the Agreement. Each Party shall protect the other Party's Confidential Information using at least the same degree of care it applies to its own confidential information, and in no event less than a reasonable standard of care.
8.2 Confidential Information may be disclosed only to employees, agents, or sub-contractors who need to know it for purposes of the Agreement and who are bound by equivalent confidentiality obligations.
8.3 Confidentiality obligations do not apply to information the receiving Party can demonstrate: (a) was already lawfully known to it at the time of disclosure; (b) was independently developed without reference to or use of the disclosing Party's Confidential Information; (c) was lawfully obtained from a third party without restriction; or (d) is or becomes publicly available through no fault of the receiving Party.
8.4 Where required by law or court order to disclose Confidential Information of the other Party, the receiving Party shall: (a) give the other Party prompt written notice where legally permissible; (b) cooperate with any reasonable effort to obtain confidential treatment; and (c) disclose only what is legally required.
8.5 Confidentiality obligations survive for five years after termination of the Agreement. Trade secrets are protected indefinitely.
8.6 Upon termination or request, each Party shall promptly return or destroy all Confidential Information of the other Party and certify such destruction on request, subject to any legal retention requirements.
9.1 Enliven's VR Equipment and VR Simulations do not record, collect, or process personal data of Session participants. No personally identifiable information, biometric data, or usage data is captured through Enliven's VR systems. Enliven's VR does not transmit user or organisation data.
9.2 Measurement and survey data collected in connection with Delivery Services is collected on an anonymous basis. Survey responses are not linked to individual participants and do not constitute personal data within the meaning of the GDPR.
9.3 Anonymous survey and measurement data is stored on infrastructure located within the European Economic Area. Enliven may use such anonymous, aggregated data for product development and benchmarking purposes without restriction.
9.4 To the extent Enliven handles personal data of the Customer's nominated programme contacts for administrative purposes, Enliven does so as an independent data controller in accordance with its Privacy Statement at www.enlivenempathy.com/privacy-policy. The Customer is responsible for ensuring that any personal data of its employees it shares with Enliven is provided on a lawful basis.
9.5 Anonymous survey and measurement data is retained for a maximum of 12 months after the final Session of an engagement. At the end of this period, data is permanently deleted unless the Parties agree otherwise in writing.
9.6 The Customer is responsible for any collection or processing of personal data of participants it undertakes in connection with a Programme, including enrolment, attendance tracking, and follow-up communications. The Customer acts as data controller for such processing and is solely responsible for compliance with applicable data protection law.
9.7 Both Parties shall comply with applicable data protection laws, including the GDPR. In the event of any security incident affecting data processed under this Agreement, each Party shall notify the other without undue delay and within the timeframe that allows the affected Party to comply with its own notification obligations under applicable law.
10.1 The Customer shall pay Enliven the fees set out in the applicable quote, engagement letter, or SOW. All amounts are in Euros (EUR) and are exclusive of VAT and other applicable taxes unless explicitly stated otherwise.
10.2 Unless a SOW specifies that travel and accommodation costs are included in the quoted fees, all travel, accommodation, and out-of-pocket expenses are excluded from quoted fees and charged at cost. Enliven will seek the Customer's prior written approval before: (a) booking any international travel, regardless of cost; or (b) incurring any individual domestic expense expected to exceed EUR 250. Expenses are invoiced separately with supporting documentation.
10.3 Invoices are due and payable within 30 days of the invoice date. Payment obligations are not suspended by any dispute, counterclaim, or set-off asserted by the Customer.
10.4 If the Customer identifies a discrepancy in an invoice, it must notify Enliven in writing within 14 calendar days, specifying the disputed amount and reasons. After 14 days, invoices are deemed accepted. Disputed portions do not affect the obligation to pay undisputed amounts.
10.5 In the event of non-payment by the due date, the Customer is in default by operation of law without further notice. Enliven is entitled to charge interest on overdue amounts at the statutory commercial interest rate under Dutch law. The Customer is also liable for all reasonable collection costs.
10.6 Non-payment does not entitle the Customer to suspend its obligations, but entitles Enliven to suspend Services until all overdue amounts are paid in full.
10.7 In the event of the Customer's bankruptcy, insolvency, or moratorium on payments, all amounts owed become immediately due and payable.
11.1 Enliven reserves the right to adjust its fees annually, effective from the first day of each new contract year, with at least 60 days' prior written notice. Annual adjustments shall not exceed the higher of: (a) the percentage change in the Dutch Consumer Price Index (CPI) for the preceding 12 months; or (b) 5%.
11.2 If the Customer does not accept the notified fee adjustment, the Customer may terminate the Agreement by giving written notice within 30 days of receiving the price adjustment notice, effective on or before the adjustment effective date, without penalty. Continued use of Services after the adjustment effective date constitutes acceptance.
11.3 Changes in applicable taxes or duties imposed by governmental authority may be passed through to the Customer with as much advance notice as reasonably practicable.
12.1 Session dates and participant numbers are confirmed in writing by both Parties. Once confirmed, Enliven commits facilitator resources, VR Equipment, and any necessary travel and logistics.
12.2 The following cancellation and rescheduling policy applies to individual Sessions unless a SOW specifies otherwise:
12.3 In the event of cancellation of an entire Programme, the Customer shall pay: (a) 100% of fees for Sessions already delivered; (b) 50% of fees for remaining Sessions not yet delivered; and (c) all documented third-party costs already committed by Enliven.
12.4 Minimum session fill: Enliven commits resources based on the confirmed participant number at booking. If fewer participants attend than the confirmed minimum number, the full session fee for the confirmed number remains payable. Participant numbers above the confirmed maximum of 16 require Enliven's prior written approval.
12.5 Cancellations and reschedules must be communicated in writing. Oral cancellation requests are not effective.
12.6 If Enliven cancels a confirmed Session for reasons other than Force Majeure under Article 17 or the Customer's material breach, Enliven will reschedule at the earliest mutually convenient date at no additional cost. Where rescheduling within 60 days is not possible, the Customer is entitled to a refund of the pro-rata session fee for that cancelled Session only. This is the Customer's sole contractual remedy for an Enliven-initiated cancellation, without prejudice to any statutory rights that cannot be waived under Dutch law.
13.1 The use of virtual reality technology may cause adverse physical or psychological reactions in some individuals, including disorientation, nausea, motion sickness, dizziness, eye strain, headaches, and exacerbation of pre-existing conditions. Enliven expressly draws these risks to the Customer's attention. Use of VR Simulations and VR Equipment is at the Customer's and participants' own risk.
13.2 The Customer is solely responsible for ensuring that: (a) all prospective participants are informed of the physical requirements and potential risks of VR use before any Session; (b) participants with known contraindications, including photosensitive epilepsy, history of severe motion sickness, recent eye surgery, or acute psychological distress, are excluded or obtain prior medical clearance; (c) the Customer actively communicates these risks to all participants before each Session; and (d) the venue meets Enliven's minimum technical specifications as communicated in writing.
13.3 Enliven's facilitators and technical staff retain the right, in their professional judgment, to exclude any participant from use of VR Simulations or VR Equipment at any time during a Session. This right may be exercised without liability to Enliven and does not entitle the Customer to a fee refund.
13.4 Enliven is not responsible or liable for adverse reactions, injuries, or consequences arising from a participant's use of VR Equipment or participation in a Session, provided that Enliven has exercised reasonable professional care in delivery. The Customer indemnifies Enliven against participant claims arising from the Customer's failure to comply with its obligations under this Article 13, except to the extent arising from Enliven's gross negligence or wilful misconduct.
13.5 Where Delivery Services address sensitive psychological or behavioural topics, the Customer is responsible for ensuring pastoral and psychological support is available to participants following Sessions, in accordance with Enliven's recommended aftercare guidelines as communicated in writing before the relevant Session.
14.1 Enliven provides the Platform and Services on an 'as is' and 'as available' basis. To the fullest extent permitted by applicable law, Enliven disclaims all warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Platform or Services will be secure, uninterrupted, or error-free. The foregoing does not limit Enliven's warranty under Article 7.6.
14.2 Enliven does not guarantee specific results, behavioural outcomes, or organisational impact from use of the Services. Enliven's published impact data describes aggregate outcomes across its customer base and does not constitute a guarantee of results for any individual Customer.
14.3 Enliven commits to delivering Delivery Services with professional care and expertise consistent with the standards of a competent provider of immersive corporate learning programmes. This is an obligation of means, not of result.
15.1 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 loss of profits, loss of revenue, loss of business opportunity, loss of data, or loss of goodwill, regardless of the form of action and whether or not the Party has been advised of the possibility of such damages.
15.2 Enliven's total aggregate liability to the Customer for all claims arising under or in connection with the Agreement shall not exceed the total fees paid by the Customer to Enliven in the 12 months immediately preceding the event giving rise to the claim. Where the Agreement has been in effect for less than 12 months, the cap is the average monthly fees paid multiplied by 12.
15.3 The limitations in Articles 15.1 and 15.2 do not apply to: (a) liability for wilful misconduct or gross negligence by Enliven or its directors; (b) liability for death or personal injury caused by Enliven's negligence; (c) liability that cannot be limited or excluded under applicable law; (d) either Party's breach of its confidentiality obligations under Article 8; (e) infringement of either Party's Intellectual Property Rights; or (f) the Customer's indemnification obligations under Article 16.
15.4 The Customer acknowledges that the liability limitations reflect a reasonable allocation of risk and constitute an essential element of the basis of the bargain between the Parties.
16.1 The Customer shall indemnify, defend, and hold harmless Enliven and its affiliates, directors, officers, employees, and agents from and against any third-party claims, losses, liabilities, damages, and expenses, including reasonable legal costs, arising from: (a) the Customer's or Users' use of the Platform or Services in violation of these GTC or applicable law; (b) any content or data provided by the Customer that infringes the rights of any third party; (c) the Customer's failure to comply with its obligations under Article 13; or (d) any third-party claim arising from the Customer's use of the Services in a manner that violates applicable law or the rights of any third party.
16.2 Enliven shall give the Customer prompt written notice of any indemnifiable claim and shall permit the Customer to control the defence and settlement, provided that: (a) the Customer shall not settle any claim imposing liability on Enliven without Enliven's prior written consent; and (b) Enliven has the right to participate in the defence at its own cost.
17.1 Neither Party shall be liable for any failure or delay in performing its obligations to the extent caused by circumstances beyond that Party's reasonable control, including acts of governmental authority, civil unrest, war, strikes, pandemics, fire, flood, earthquake, or extreme weather (each, a 'Force Majeure Event'). This Article does not excuse the Customer's obligation to make payments when due under Article 10.
17.2 For the purposes of this Article, Force Majeure also includes technical failure, unexpected withdrawal, or unavailability of VR Equipment, software, or platform components caused by the manufacturer, platform provider, or network infrastructure beyond Enliven's reasonable operational control. In such circumstances, Enliven's sole obligation is to use reasonable efforts to reschedule affected Sessions. No refund or cancellation fee applies solely on account of such failure, unless it persists for more than 30 consecutive calendar days.
17.3 The Party invoking Force Majeure shall notify the other Party in writing as soon as reasonably practicable, describing its nature, expected duration, and affected obligations, and shall use reasonable efforts to mitigate its effects.
17.4 If a Force Majeure Event continues for more than 60 consecutive calendar days, either Party may terminate the affected portion of the Agreement with 14 days' written notice, without liability. Fees for Services already delivered remain payable.
18.1 Platform Services are subject to Article 5.8. Delivery Services engagements begin on the start date specified in the applicable SOW or quote and conclude on delivery of the final Session and Deliverables, unless extended by written agreement.
18.2 Either Party may terminate the Agreement immediately on written notice if the other Party: (a) commits a material breach and, where the breach is capable of remedy, fails to remedy it within 30 days of receiving written notice; or (b) becomes insolvent, is placed in liquidation or receivership, or ceases substantially all business operations.
18.3 Enliven may additionally terminate or suspend the Agreement with immediate effect if: (a) the Customer fails to pay any undisputed amount due and the failure continues for 15 days after written notice; (b) the Customer or its Users violate the licence restrictions in Article 5.3; or (c) a director or officer of the Customer receives a criminal conviction directly related to the subject matter of the Services, or a competent regulatory authority issues a formal finding against the Customer in an area directly related to the subject matter of the Services.
18.4 Upon expiry or termination for any reason: (a) all rights granted to the Customer immediately cease; (b) all outstanding fees, including applicable cancellation charges under Article 12, become immediately due and payable; (c) each Party shall promptly return or destroy the other Party's Confidential Information; and (d) Enliven may retain or delete anonymous survey and measurement data in accordance with Article 9.5.
18.5 The following provisions survive termination or expiry: Articles 7, 8, 9, 10 (for fees accrued prior to termination), 12 (cancellation charges for completed commitments), 13.4, 15, 16, 19, 20, 21, and 22.1 and 22.2.
19.1 The Customer agrees that Enliven may identify the Customer as a client in Enliven's promotional and marketing materials, including its website, investor presentations, capability documents, and case study materials. Enliven may use the Customer's name, logo, and a factual description of the engagement, in accordance with any brand guidelines provided by the Customer in writing.
19.2 The Customer may opt out of the permissions in Article 19.1 at any time by giving Enliven written notice. Enliven will remove references from new materials produced after the date of notice within 30 days. Opt-out does not require removal of materials already in circulation.
19.3 With Enliven's prior written consent, the Customer may publicly identify itself as a client of Enliven and use Enliven's name and logo for that limited purpose, in accordance with Enliven's brand guidelines.
19.4 Neither Party may issue press releases or external case studies specifically referencing the other Party by name without prior written approval from the other Party in each instance.
20.1 These GTC and all Agreements and disputes arising under or in connection with them are governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of laws rules.
20.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to any Agreement between the Parties.
21.1 In the event of any dispute, the Parties shall first attempt to resolve the matter through good-faith negotiations between senior representatives. If the dispute is not resolved within 30 days of written notice (unless extended by mutual agreement), either Party may refer the dispute to the competent court in accordance with Article 21.2.
21.2 The competent court in the judicial district of Arnhem, the Netherlands, shall have exclusive jurisdiction to adjudicate all disputes arising out of or in connection with the Agreement. Enliven may, at its sole discretion, also submit a dispute to the competent courts in the judicial district of the Customer's registered office or principal place of business.
21.3 Court proceedings shall be conducted in Dutch unless both Parties agree in writing to conduct proceedings in English, subject to the approval of the competent court.
21.4 Nothing in this Article prevents either Party from seeking urgent injunctive or interim equitable relief from a court of competent jurisdiction to prevent immediate and irreparable harm, including protection of intellectual property or Confidential Information, without first completing the negotiation period in Article 21.1.
21.5 Any claim by the Customer arising out of or related to the Agreement must be brought within two years after the claim first accrued. Claims not brought within this period are permanently time-barred. This limitation does not apply to claims for non-payment or enforcement of a court judgment.
22.1 Severability. If any provision of these GTC is held to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable. All other provisions remain in full force and effect.
22.2 Waiver. No failure or delay by either Party in exercising any right or remedy constitutes a waiver. A waiver is only effective if given in writing.
22.3 Entire Agreement. The Agreement, comprising these GTC and any applicable SOW or engagement letter, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior discussions, proposals, and agreements.
22.4 Assignment. Enliven may assign the Agreement to any affiliate or successor entity without the Customer's consent. The Customer may not assign or transfer any rights or obligations without Enliven's prior written consent.
22.5 Written Communications. 'In writing' includes email where the identity of the sender can be reasonably established. Written communications do not include messages via instant messaging platforms, including WhatsApp, Slack, or Teams, unless confirmed in a separate email by an authorised representative.
22.6 Relationship of Parties. Nothing in these GTC creates a partnership, joint venture, employment relationship, or agency relationship between the Parties. Enliven acts as an independent contractor.
22.7 Third Parties. These GTC do not confer rights on third parties except as explicitly stated.
22.8 Counterparts. Agreements referencing these GTC may be executed in counterparts, including by electronic signature. Each counterpart constitutes an original, and together they form one agreement.
Version 2026 | Enliven Social Enterprise B.V. | KVK 78623332 | BTW NL861474168B01 | Jansbuitensingel 30, 6811AE Arnhem, the Netherlands | www.enlivenempathy.com/general-terms
Confidential Information — All information exchanged between the Parties in connection with the Agreement that is identified as confidential or that a reasonable person would understand to be confidential, including: commercial terms, pricing, business plans, client lists, session content, measurement results, proprietary methodologies, and the identities of Enliven's sub-contractors and methodology partners.
Customer — The company or legal entity that enters into the Agreement with Enliven for Platform Services, Delivery Services, or both.
Deliverables — Any documents, reports, analyses, or materials produced by Enliven in connection with the Services and provided to the Customer.
Delivery Services — Session-based services provided by Enliven under the Agreement, including facilitation of immersive training sessions using the SIF, provision of VR Equipment, facilitated group dialogue, behavioural activation, measurement and reporting, and programme management.
Enliven — Enliven Social Enterprise B.V., Jansbuitensingel 30, 6811AE Arnhem, the Netherlands, KVK 78623332, including all affiliated companies.
Intellectual Property Rights — All copyrights, neighbouring rights, database rights, patent rights, trademark rights, trade name rights, design rights, trade secret rights, and any other intellectual property rights, whether registered or unregistered, in any jurisdiction worldwide.
Party / Parties — Enliven and the Customer individually or collectively.
Platform — Enliven's online VR software-as-a-service platform providing Users with access to VR Simulations and related content.
Platform Services — Subscription-based services granting the Customer and its Users access to the Platform, including VR Simulations, content updates, and support.
Privacy Statement — Enliven's privacy statement at www.enlivenempathy.com/privacy-policy.
Programme — A defined series of Sessions delivered under a single Agreement or Statement of Work.
Services — Platform Services and/or Delivery Services, as applicable.
Session — A single facilitated immersive training event delivered using the SIF, typically 2–3 hours, maximum 16 participants. Sessions with more than 16 participants require Enliven's prior written approval.
SIF (Standardized Immersion Format) — Enliven's proprietary three-component format comprising: (i) a VR experience; (ii) facilitated group dialogue and structured reflection; and (iii) behavioural activation and commitment. The SIF constitutes Enliven's core intellectual property. All Sessions use the SIF unless a SOW explicitly provides otherwise.
SOW (Statement of Work) — A written document executed by both Parties defining scope, deliverables, timeline, pricing, and special terms for a particular engagement. An SOW forms part of the Agreement.
User — An employee or other person authorised by the Customer to access the Platform.
VR Equipment — Virtual reality headsets, controllers, and hardware provided by Enliven on a temporary loan basis. Title remains with Enliven at all times.
VR Simulations — The virtual reality simulations accessible via the Platform or deployed during Delivery Services.