Terms of Service - North Harbor Marketing B.V.

Effective Date: 17 July 2026

1. Introduction and acceptance of terms

These Terms of Service ("Terms") govern the access to and use of the services provided by North Harbor Marketing B.V., a company established in the Netherlands with its registered business address at Keurenplein 41, 1069 CD Amsterdam, Netherlands ("North Harbor Marketing B.V.", "we", "us", or "our").

By engaging our services, requesting a proposal, signing an order form or statement of work, or otherwise using our services, the client ("Client", "you", or "your") agrees to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms apply to all product-marketing services offered by North Harbor Marketing B.V., including, without limitation, go-to-market strategy, product positioning and messaging, launch planning and execution, sales enablement content, customer research and market insights, value proposition development, and product marketing audits.

2. Scope of services

North Harbor Marketing B.V. provides strategic and operational product-marketing services, which may include one or more of the following:

The exact scope, deliverables, timeline, assumptions, fees, and dependencies for any engagement will be described in a proposal, quotation, order form, statement of work, or similar written agreement (each, a "Service Order"). In the event of any conflict between these Terms and a Service Order, the Service Order will prevail solely with respect to the conflicting matter.

Unless expressly agreed otherwise in writing, our services are advisory in nature and do not guarantee specific commercial outcomes, including revenue, conversion, market share, lead generation, funding, or product adoption.

3. User obligations and responsibilities

You agree to cooperate in good faith and provide all information, approvals, materials, access, and timely feedback reasonably required for North Harbor Marketing B.V. to perform the services.

Delays caused by your failure to provide required information, approvals, access, or feedback may extend deadlines and may result in additional fees where reasonably justified.

4. Payment terms and conditions

Fees for services will be specified in the applicable Service Order. Unless otherwise agreed in writing, the following payment terms apply:

If you dispute an invoice, you must notify us in writing within 7 calendar days of the invoice date, specifying the grounds for dispute. You must pay any undisputed portion in accordance with the payment terms.

5. Cancellation and refund policy

Unless otherwise agreed in a Service Order, either party may cancel an engagement by giving written notice to the other party.

Because our services are primarily advisory and custom-made, refunds are not provided for dissatisfaction with strategic outcomes, subjective preferences, or results beyond our reasonable control.

6. Liability limitations

To the fullest extent permitted by applicable law, North Harbor Marketing B.V. shall not be liable for:

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total fees actually paid by you to North Harbor Marketing B.V. for the specific Service Order giving rise to the claim during the 3 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence where such limitation is not legally permitted.

7. Intellectual property rights

Unless otherwise agreed in writing, all pre-existing intellectual property, methodologies, templates, tools, frameworks, know-how, and materials owned or developed by North Harbor Marketing B.V. before or outside the scope of the engagement remain our exclusive property.

Upon full payment of all undisputed amounts due under the applicable Service Order, you will receive a non-exclusive, perpetual, worldwide licence to use the final deliverables created specifically for you for your internal business purposes and for the commercial purposes expressly contemplated in the Service Order.

This licence does not transfer ownership of our underlying methods, reusable components, or general expertise. You may not resell, sublicense, publish, or distribute our deliverables to third parties except with our prior written consent or as necessary for your internal use and business operations.

You grant North Harbor Marketing B.V. a limited, non-exclusive, royalty-free licence to use your materials solely to perform the services, and you confirm that such materials do not infringe the rights of any third party.

Unless otherwise agreed in writing, we may use anonymised or non-confidential case references for portfolio or marketing purposes, provided that no confidential information or personal data is disclosed.

8. Data protection and privacy

North Harbor Marketing B.V. will process personal data in accordance with applicable data protection laws and, where relevant, any separate data processing agreement entered into between the parties.

We will process personal data only to the extent necessary to perform the services, manage the business relationship, comply with legal obligations, and protect our legitimate interests, subject always to applicable law.

If you believe a separate privacy notice, cookie notice, or data processing agreement is required for a specific engagement, the parties should agree this in writing.

9. Force majeure

North Harbor Marketing B.V. shall not be liable for any delay or failure to perform its obligations to the extent caused by events beyond its reasonable control, including but not limited to natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour disputes, power failures, internet outages, failure of telecommunications, governmental action, or acts or omissions of third parties.

If a force majeure event continues for a prolonged period and materially affects performance, either party may discuss a reasonable modification of the affected Service Order or, if necessary, terminate the affected services by written notice without liability for the non-performance caused by the force majeure event.

10. Changes to terms

We may update these Terms from time to time to reflect changes in our services, business practices, or applicable law. The revised Terms will take effect on the date indicated in the updated version unless a later effective date is specified.

Where changes materially affect an ongoing engagement, we will use reasonable efforts to notify you in advance. Continued use of our services after the updated Terms become effective constitutes acceptance of the revised Terms.

11. Applicable law and jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the services shall be submitted to the competent courts in Amsterdam, the Netherlands, unless mandatory law requires otherwise.

12. Contact information

If you have any questions, notices, complaints, or requests relating to these Terms or our services, you may contact North Harbor Marketing B.V. using the details below:

13. Severability clause

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent court or authority, that provision shall be interpreted and enforced to the maximum extent permitted by law. If such interpretation is not possible, the invalid, unlawful, or unenforceable provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

Any failure by North Harbor Marketing B.V. to enforce a right or provision under these Terms shall not constitute a waiver of that right or provision unless acknowledged in writing.

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