Terms of Service

WealthPlannr · Version 1.5 · Draft — pending final legal review

These Terms of Service ("Terms") govern your use of WealthPlannr (the "Service"), provided by WealthPlannr B.V., Amsterdam, the Netherlands (KvK 42050571). By using the Service you agree to these Terms and the documents they incorporate.

1. Acceptance & Incorporated Documents

1.1 How acceptance is given

You accept these Terms by creating an account or by using the Service. Your acceptance is recorded against the version then in force; a material change is issued as a new version and requires renewed acceptance (§18).

1.2 Documents incorporated by reference

These Terms incorporate, and by accepting them you also agree to: the Acceptable Use Policy (AUP), the Enforcement Policy, the Privacy Notice, and — for professional users — the Data Processing Agreement (DPA).

1.3 Precedence

Where these Terms conflict with an incorporated document on that document's subject matter, the specialised document prevails on that subject (the DPA on processor obligations, the Privacy Notice on controller-side transparency, the AUP on acceptable use, the Enforcement Policy on enforcement process). On all other matters these Terms prevail.

2. Definitions

2.1 Canonical definitions

These Terms are the source of the defined terms used across the incorporated documents, which reference back here.

• Service — the WealthPlannr software and related services.
• User — any person who uses the Service. An End User uses it for their own data; a Professional User (belastingadviseur, accountant, or financial planner) uses it to process the data of their clients.
• Client Data — personal data of a Professional User's clients, processed through the Service.
• Content — data, text, and materials submitted to or generated through the Service.
• Incorporated Documents — the AUP, Enforcement Policy, Privacy Notice, and DPA.

3. Service Description & Licence

3.1 Description

WealthPlannr is software for Box 3 tax simulations, portfolio analysis, and the generation of OWR (Tegenbewijs) evidence reports.

3.2 Licence grant

Subject to these Terms and the Software Agreement & Proprietary License, WealthPlannr grants you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose.

3.3 Service changes & availability

WealthPlannr may modify, add, or discontinue features. It does not warrant that the Service will be uninterrupted or error-free.

4. Legal Nature / AFM Disclaimer

4.1 Software supplier, not adviser

WealthPlannr is a software supplier, not a financial, tax, or investment adviser.

4.2 No AFM / Wft relationship

Use of the Service does not create an advisory relationship under the Wet op het financieel toezicht (Wft) or with the Autoriteit Financiële Markten (AFM).

4.3 User-directed computation

The Service's outputs are user-directed computations derived from the data you provide. You are responsible for reviewing them and for any reliance you place on them.

4.4 No fiduciary relationship

Nothing in these Terms creates a fiduciary, client, or professional-advisory relationship between you and WealthPlannr.

5. AI Transparency

5.1 Disclosure (Art. 50)

The Service uses AI to process data on your instruction and may generate content. You are informed that you are interacting with an AI system, and AI-assisted outputs are identifiable — consistent with Article 50 of the EU AI Act.

6. Accounts & Registration

6.1 Eligibility

You must have the legal capacity to enter into these Terms to create an account.

6.2 Account security & accuracy

You are responsible for keeping your credentials secure and your account information accurate.

6.3 Account types

Each account is designated as an End User or a Professional User; the designation attaches the corresponding obligations (§13).

7. Subscriptions & Payments

7.1 Fees & plans

Paid plans, their fees, and billing cycles are as presented at the point of purchase.

7.2 Payment mechanism

Payments are processed by Stripe (Stripe Payments Europe, Ltd.), acting as our payment-services provider.

7.3 Renewal, cancellation & refunds

Subscriptions renew per their billing cycle unless cancelled. Cancellation and refund terms are as presented at purchase and subject to mandatory consumer law.

7.4 Taxes

Fees are exclusive of applicable taxes unless stated otherwise.

8. User Conduct

8.1 Baseline standard

You will use the Service lawfully, in good faith, and consistently with these Terms and the AUP.

9. Acceptable Use

9.1 Governed by the AUP

Your use of the Service is governed by the Acceptable Use Policy, incorporated by reference.

9.2 Breach is a material breach

A breach of the AUP is a material breach of these Terms.

9.3 General standard

You will not use the Service in any way that harms the Service, its users, or third parties.

10. Enforcement

10.1 Right to suspend, restrict, or terminate

WealthPlannr may suspend, restrict, or terminate your access to the Service.

10.2 Grounds

It may do so on grounds including a breach of these Terms or the AUP, non-payment, or a legal requirement.

10.3 Process

The manner in which this right is exercised — detection, graduated action, safeguards, notice, and any contest or appeal — is governed by the Enforcement Policy, incorporated by reference.

11. Security Logs & Data Retention

11.1 Legitimate-interest basis

WealthPlannr logs security- and abuse-relevant events on the basis of its legitimate interest in protecting the Service and its users (Art. 6(1)(f) GDPR).

11.2 Retention schedule

Such logs are retained only as long as necessary for that purpose and are then deleted.

11.3 Erasure exemption

To the extent necessary for the establishment, exercise, or defence of legal claims, security logs are exempt from erasure under Art. 17(3)(e) GDPR.

12. Intellectual Property

12.1 Platform ownership

WealthPlannr and all of its software, content, and intellectual property are owned by WealthPlannr B.V. or its licensors.

12.2 User data & content

You retain ownership of the data and Content you submit. You grant WealthPlannr the rights necessary to operate and provide the Service to you.

12.3 Feedback

If you provide feedback or suggestions, you grant WealthPlannr a perpetual, irrevocable, royalty-free licence to use them.

13. Professional Use

13.1 Obligations

A Professional User who processes Client Data does so under these Terms, the AUP, and the DPA.

13.2 Machtiging warranty

The Professional User warrants that it holds a valid mandate (machtiging) and a lawful basis for each client whose data it submits.

13.3 DPA incorporated

The Data Processing Agreement is incorporated by reference and governs the processing of Client Data.

13.4 Role allocation

The Professional User is the controller of Client Data (or, where its client is the controller, that client's processor); WealthPlannr acts as processor (or sub-processor), as set out in the DPA.

14. Data Protection & Privacy Pointers

14.1 Privacy Notice

The processing of your own personal data as an End User is described in the Privacy Notice.

14.2 DPA

The processing of Client Data in the professional channel is governed by the DPA.

15. Warranties & Disclaimers

15.1 As-is

The Service is provided "as is" and "as available."

15.2 Disclaimer

To the fullest extent permitted by Dutch law, WealthPlannr disclaims implied warranties, including of merchantability and fitness for a particular purpose. Mandatory consumer rights are unaffected.

16. Limitation of Liability (counsel-pending — MAAK)

16.1 Cap

Except for liability that cannot be limited under applicable law, WealthPlannr's aggregate liability under these Terms is limited to the total fees you paid to WealthPlannr in the 12 months preceding the event giving rise to the claim. (Counsel-pending: consider a floor — "the greater of that amount or €[X]" — so a new customer's cap is not trivially low.)

16.2 Mutuality

[Whether the cap applies mutually — counsel-pending.]

16.3 Carve-outs

The cap does not apply to liability for intent or gross negligence, for death or personal injury, or where liability cannot be limited by law.

16.4 Indemnity

[Indemnity scope — counsel-pending; cross-references the DPA §10.3 Customer indemnity.]

17. Termination & Survival

17.1 Termination paths

You may cancel under §7; WealthPlannr may terminate on the grounds in §10; either party may terminate where required by law.

17.2 Effect of termination

On termination, your right to use the Service ends.

17.3 Survival

Provisions that by their nature survive termination — Intellectual Property (§12), Limitation of Liability (§16), Governing Law (§19), and confidentiality — continue in effect.

17.4 Data export & return

Before termination you may export your data. Client Data is returned or deleted in accordance with the DPA (§9 of the DPA) — it is never orphaned.

18. Changes to Terms & Incorporated Documents

18.1 Amendment

WealthPlannr may amend these Terms on notice.

18.2 Changes to incorporated documents

A change to an Incorporated Document takes effect under that document's own change-control; a material change is issued as a new version of that document.

18.3 Material change

A material change is one that materially alters your rights or obligations.

18.4 Notice & re-acceptance

Material changes are notified and, where acceptance applies, require renewed acceptance before continued use. The prior version remains in force for you until you re-accept or the grace period ends.

19. Governing Law & Dispute Resolution

19.1 Governing law

These Terms are governed by the laws of the Netherlands.

19.2 Jurisdiction

Disputes are submitted to the competent court in Amsterdam.

19.3 Consumer carve-out

Nothing in this section deprives a consumer of the protection of the mandatory provisions of the law of their habitual residence.

20. Miscellaneous

20.1 Severability

If any provision is held unenforceable, the remaining provisions continue in full effect.

20.2 Entire agreement

These Terms, together with the Incorporated Documents, constitute the entire agreement between you and WealthPlannr on their subject matter.

20.3 Assignment

You may not assign these Terms without WealthPlannr's consent; WealthPlannr may assign them to an affiliate or a successor in connection with a reorganisation, merger, or sale.

20.4 Notices

Notices are given through the Service or to the contact associated with your account.

20.5 Force majeure

Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control.

This is a draft work-product pending final legal review. Not legal advice.