Version 1.0 – effective 15 October 2026
1. About these Terms
1.1 These Terms of Use ("Terms") govern your access to and use of the BCS platform, including its websites, applications and related services ("BCS" or the "Platform").
1.2 BCS is provided by THNDR B.V., a private limited company (besloten vennootschap) with its registered seat in Middenbeemster and its office at Parklaan 2, 1406 KL Bussum, the Netherlands, registered with the Dutch Chamber of Commerce under number 88527417 ("THNDR" or the "Company", "we", "us").
1.3 BCS is intended for business use only. By creating an account, logging in or otherwise using BCS, you confirm that you use BCS in a professional capacity, on behalf of the organisation that gave you access ("your Organisation"), and that you accept these Terms. If you do not accept these Terms, you may not use BCS.
1.4 If your Organisation has a separate written agreement with the Company for the use of BCS, that agreement prevails over these Terms in case of conflict.
2. Definitions
- User, you: any individual who creates an account for or uses BCS.
- Content: all data, files, text and other materials that you or your Organisation upload, enter or generate in BCS.
3. Your account
3.1 You must provide accurate and complete information when creating an account and keep it up to date.
3.2 Your account is personal. You must keep your login credentials confidential and must not share your account with others. You are responsible for all activity that takes place under your account.
3.3 Notify us immediately at mail@thndr.agency if you suspect unauthorised access to your account.
3.4 Your Organisation may manage, suspend or remove your account, for example when you leave the Organisation.
4. Acceptable use
You must not:
- use BCS in violation of any applicable law or regulation, or of the rights of others;
- upload Content that is unlawful, infringing, defamatory or that contains malware;
- attempt to gain unauthorised access to BCS, other accounts, or the systems and networks connected to it;
- test, scan or probe the security of BCS without our prior written permission;
- reverse engineer, decompile or copy the Platform, except where the law expressly allows this;
- overload or disrupt BCS, including through automated means such as scrapers or bots, unless we have agreed to this in writing;
- resell, sublicense or make BCS available to third parties outside your Organisation.
5. Your Content
5.1 Your Organisation and/or you remain the owner of the Content. You grant the Company a non-exclusive licence to store, process and display the Content to the extent necessary to provide, secure and support BCS.
5.2 You are responsible for the Content you upload and for ensuring that you are entitled to upload and process it in BCS, including any personal data of others.
5.3 BCS is not a backup service. You and your Organisation are responsible for keeping copies of important Content.
6. Intellectual property
All intellectual property rights in the Platform, including its software, design, documentation and trademarks, belong to the Company and/or its licensors. You receive only a limited, non-exclusive, non-transferable and revocable right to use BCS for your Organisation's internal business purposes during the term of your account.
7. Availability and changes
7.1 We aim to keep BCS available, but we do not guarantee uninterrupted or error-free operation. BCS may be temporarily unavailable due to maintenance, updates or circumstances beyond our control.
7.2 We may change, extend or discontinue features of BCS at any time. We will inform users in advance of material changes where reasonably possible.
8. Disclaimer
To the maximum extent permitted by law, BCS is provided "as is" and "as available", without any warranties of any kind, whether express or implied, including warranties of fitness for a particular purpose, accuracy of results, or non-infringement. Any information, calculations or output generated by BCS are intended as support only; you remain responsible for verifying them and for any decisions you make based on them.
9. Limitation of liability
9.1 To the maximum extent permitted by law, the Company is not liable for indirect or consequential damages, including lost profits, lost revenue, lost savings, loss or corruption of data, business interruption or reputational damage.
9.2 To the maximum extent permitted by law, the Company's total liability arising out of or in connection with these Terms or your use of BCS is limited to EUR 1 (one euro).
9.3 The limitations in this article do not apply to the extent the damage is caused by the intent or gross negligence (opzet of bewuste roekeloosheid) of the Company's management.
9.4 Any claim must be submitted to the Company in writing within twelve (12) months after you became aware, or should reasonably have become aware, of the damage. Claims submitted later lapse.
10. Indemnification
You and your Organisation indemnify the Company and the Related Parties (article 12) against all third-party claims, damages and costs (including reasonable legal fees) arising from your breach of these Terms, your Content, or your unlawful use of BCS.
11. Suspension and termination
11.1 We may suspend or terminate your access to BCS, with or without prior notice, if you breach these Terms, if your Organisation instructs us to, or if this is necessary to protect BCS, other users or third parties.
11.2 After termination, we may delete your account and Content in accordance with our Privacy Policy and any agreement with your Organisation.
11.3 Articles 5.2, 6, 8, 9, 10, 12 and 15 survive termination.
12. Related Parties
12.1 Any questions, complaints or claims relating to BCS must be addressed exclusively to the Company. To the maximum extent permitted by law, you waive any claims in connection with BCS against THNDR Agency B.V. (the sole shareholder and director of the Company), any other company affiliated with the Company, and the directors, employees and subcontractors of the Company or such affiliated companies (together the "Related Parties").
12.2 The Related Parties may invoke all limitations and exclusions of liability, disclaimers and defences in these Terms as if they were a party to these Terms.
12.3 This article constitutes a third-party clause (derdenbeding) within the meaning of Article 6:253 of the Dutch Civil Code in favour of the Related Parties, who may invoke it directly. The third-party clause is irrevocable and is deemed accepted by the Related Parties.
12.4 Nothing in this article limits liability that cannot be limited or excluded under applicable law.
13. Privacy
We process personal data in accordance with our Privacy Policy, available at /privacy. Where we process Content containing personal data on behalf of your Organisation, we do so as a processor under a data processing agreement with your Organisation.
14. Changes to these Terms
We may amend these Terms. We will notify you of material changes in BCS or by email at least 30 days before they take effect, unless the change is required by law. If you continue to use BCS after the changes take effect, you will be asked to accept the updated Terms. If you do not accept them, you must stop using BCS.
15. Governing law and disputes
15.1 These Terms are governed by the laws of the Netherlands.
15.2 All disputes arising out of or in connection with these Terms are submitted exclusively to the District Court of Midden-Nederland (Rechtbank Midden-Nederland), the Netherlands.
16. Miscellaneous
16.1 If any provision of these Terms is void or voidable, the remaining provisions remain in full force. The invalid provision will be replaced by a valid provision that comes as close as possible to its intended purpose; in the case of a limitation or exclusion of liability, it will be deemed to apply to the maximum extent permitted by law.
16.2 You may not transfer your rights or obligations under these Terms without our prior written consent.
16.3 Questions about these Terms? Contact us at mail@thndr.agency or at Parklaan 2, 1406 KL Bussum, the Netherlands.
