GENERAL AGREEMENTS

The private limited liability company Move the Brain B.V. (hereinafter: Move the Brain) is registered with the Chamber of Commerce under number 74155059 and is located at 2e Kwikstaartaan 42 in Zeist.

Article 1 – Definitions

1. In these general terms and conditions, the following terms have the following meanings, unless explicitly stated otherwise:

2. Offer: Any proposal or quotation made to the Client for the performance of Services by Move the Brain.

3. Business: A natural or legal person acting in the exercise of a profession or business.

4. Consumer: A natural person not acting in the exercise of a profession or business.

5. Services: Move the Brain offers services with a holistic approach, including recovery programs for, among others, post-concussion syndrome, post-traumatic stress disorder, and burnout.

6. Service Provider: The private limited liability company Move the Brain B.V., established under Dutch law, located in the Netherlands, providing Services to the Client, hereinafter: Move the Brain.

7. Client: The natural or legal person acting in the exercise of a profession or business who has appointed Move the Brain or to whom Move the Brain has submitted a proposal under an Agreement.

8. Agreement: Every agreement and other obligations between the Client and Move the Brain, as well as proposals for Services by Move the Brain that have been accepted and carried out, with which these terms and conditions form an inseparable whole.

9. Website: https://movethebrain.nl

Article 2 – Applicability

1. These general terms and conditions apply to every Offer by Move the Brain, every Agreement between Move the Brain and the Client, and every Service provided by Move the Brain.

2. Before concluding an Agreement, the Client will be provided with these terms. If that is not reasonably possible, Move the Brain will indicate how the Client can access them.

3. Deviations are only possible if explicitly and in writing agreed with Move the Brain.

4. These terms also apply to additional, amended, or follow-up assignments from the Client.

5. The Client’s own general terms and conditions are excluded.

6. If any provision is partially or entirely void or annulled, the remaining provisions remain in force. The void/annulled provision shall be replaced with one that approximates the intent as closely as possible.

7. Any ambiguities or unregulated situations are to be interpreted in the spirit of these conditions.

8. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded.

9. References to “she/her” also mean “he/him/his” where applicable.

10. If Move the Brain has not always demanded compliance, it retains the right to do so later.

Article 3 – The offer

1. All Offers are without obligation unless expressly stated otherwise.

2. Move the Brain is only bound if the Offer is accepted in writing within 30 days.

3. The Offer includes a clear description of Services. Details are indicative and non-binding.

4. Offers do not automatically apply to follow-up assignments.

5. Delivery times are indicative and non-binding unless agreed otherwise.

Article 4 – Formation of the agreement

1. The Agreement is formed when the Client accepts the Offer in writing or via clear confirmation by email.

2. Move the Brain may revoke the Agreement within 5 working days after acceptance.

3. Move the Brain is not bound if the Client knew or should have known that the Offer contained an error.

4. Cancellation after confirmation incurs full compensation of costs and time spent.

5. The Agreement is concluded with the company, not with individuals employed by it.

6. The right of withdrawal does not apply to Business Clients. Consumers may withdraw within 14 days unless Services have already started with their consent.

7. If multiple Clients enter the Agreement, each is jointly and severally liable.

Article 5 – Duration of the agreement

1. The Agreement is entered into for a fixed term, unless its nature or content implies an indefinite term. Duration depends in part on external factors, including but not limited to the quality and timeliness of information provided by the Client.

2. Either party may terminate the Agreement due to an attributable failure after giving written notice and a reasonable remedy period.

3. Termination does not affect payment obligations for Services already rendered.

4. The Agreement may be terminated prematurely by mutual agreement. In such case, the Client owes Move the Brain compensation for actual work done based on agreed rates.

5. If the Client cancels a confirmed appointment within 24 hours, 100% of the costs will be charged.

6. If the Client does not show up to a scheduled appointment, the full costs will be charged.

7. Either party may terminate the Agreement immediately in writing in the event of suspension of payments, bankruptcy, or company liquidation. Move the Brain is not obliged to refund any payments in such cases.

Article 6 – Performance of services

1. Move the Brain will perform the agreed Services with the utmost care. The Services are subject to a best-efforts obligation unless a specific result is agreed in writing.

2. The Agreement determines the scope and extent of the Services.

3. Clients with psychotic disorders or active substance abuse cannot use the Services.

4. Third parties cannot derive rights from the Services provided.

5. Services and prices are based on information provided by the Client. If incorrect or incomplete, Move the Brain may adjust accordingly.

6. Move the Brain is not obliged to follow Client instructions that alter the agreed scope. Any extra work will be invoiced.

7. Move the Brain may engage third parties at its discretion.

8. If the nature or duration of the assignment requires, Move the Brain will keep the Client informed of progress.

9. The Client must fully cooperate in the delivery of Services and not pose safety or working condition risks.

10. Move the Brain will inform the Client clearly of the time and date of any scheduled Service.

11. The Client will be notified if changes occur to any scheduled Service (e.g., date, time, or location).

Article 7 – Client obligations

1. The Client must provide all required information, documents, and data in the requested format and in a timely manner. Failure to do so is at the Client’s risk.

2. Move the Brain is not obliged to verify the accuracy or completeness of Client-provided data, nor responsible for third-party data.

3. If additional information is needed, Move the Brain may suspend work until it is received.

4. The Client must comply with the house rules of Move the Brain, which are available at the location.

5. The Client must inform Move the Brain of any medical or physical conditions before Services begin.

Article 8 – Programs

1. Programs begin with a telephone or on-site intake.

2. The Client completes a questionnaire beforehand. A QEEG scan may be required to determine suitability.

3. For on-site intakes, a QEEG scan is performed and results are shared afterwards.

4. Following intake, the Client may enroll in either a basic or intensive program:

   • Basic Program: 5–10 days on-site, including pre-program, follow-up scan, and two months of phone support.

   • Intensive Program: 10 days on-site, pre-program, follow-up scan, 2–3 months of aftercare, a return day with QEEG scan, final report, and recommendations.

Article 9 – Advice

1. Advice, plans, schedules, and reports by Move the Brain are non-binding and advisory in nature. The Client is responsible for following or ignoring advice.

2. Advice does not constitute medical advice. Clients must consult licensed medical professionals for medical conditions.

3. Outcomes depend on external factors, including the quality of the information provided by the Client.

4. The Client must inform Move the Brain of any relevant circumstances, priorities, or concerns.

Article 10 – Coaching and/or training

1. If commissioned, Move the Brain may provide coaching or training. “Coaching” includes “training”.

2. Coaching may occur at the Client’s or Move the Brain’s location. The Client must provide necessary facilities if on-site.

3. Coaching content and advice are advisory only. Sessions are tailored to the Client’s and participants’ needs where possible.

4. The Client must inform Move the Brain of relevant circumstances or priorities in advance.

Article 18 – Confidentiality

1. Both Move the Brain and the Client are obligated to maintain confidentiality regarding all confidential information obtained during the assignment. Confidentiality is assumed if the information can reasonably be considered confidential.

2. This obligation especially applies to reports and advice prepared by Move the Brain.

3. If required by law or court order, Move the Brain may disclose confidential information without liability or grounds for contract termination.

4. Written consent from Move the Brain is required before sharing, publishing, or distributing any information or documents provided by Move the Brain to third parties. The Client indemnifies Move the Brain for third-party claims resulting from unauthorized distribution.

5. Both parties must impose confidentiality obligations on any third parties they involve.

6. Any breach of confidentiality is subject to a one-time penalty of €10,000 plus €500 for each day the breach continues.

Article 19 – Intellectual property rights

1. All IP rights and copyrights on all materials created by Move the Brain (including advice) remain the exclusive property of Move the Brain unless explicitly agreed otherwise.

2. If IP rights are to be transferred to the Client, a separate agreement and appropriate compensation will be required.

3. The Client is prohibited from publishing, copying, altering, or commercially using Move the Brain’s materials without prior written consent.

4. The Client may only use the materials as agreed in the Agreement.

5. Both parties will inform each other of any IP infringements and take joint action if needed.

6. Any infringement of Move the Brain’s IP rights is subject to a one-time fine of €10,000 plus €500 for each day the infringement continues.

7. The Client has no right to receive raw data. Raw data refers to the data gathered during the QEEG scan to visualize symptoms. This data is software-specific, anonymized after the training is assigned, and only used for statistical trends. It is never shared with the Client.

Article 20 – Indemnity and accuracy of information

1. The Client is responsible for the accuracy, reliability, and completeness of all information and documents provided to Move the Brain.

2. The Client indemnifies Move the Brain for any liability arising from failure to provide correct and complete data.

3. The Client indemnifies Move the Brain against claims from their own employees, clients, or third parties relating to permits, subsidies, or consents not obtained in time.

4. The Client also indemnifies Move the Brain for any third-party claims arising from the Client’s data, IP rights, or behavior.

5. Any electronic files or data carriers provided to Move the Brain must be free of viruses or defects.

Article 21 – Complaints

1. If the Client is dissatisfied with the service, they must report their complaint as soon as possible — within 7 calendar days of the incident — either orally or in writing to info@movethebrain.nl with the subject “Complaint”.

2. Complaints must be well substantiated and explained for Move the Brain to process them.

3. Move the Brain will respond to the complaint within 7 calendar days.

4. Both parties will aim to reach a mutual resolution.

Article 22 – Applicable law

1. Dutch law applies to the legal relationship between Move the Brain and the Client.

2. Move the Brain may change these terms and will notify the Client of such changes.

3. In case of translation, the Dutch version of the terms prevails.

4. Any disputes arising from the Agreement shall be submitted to the competent court of Midden-Nederland, location Utrecht, unless mandatory law prescribes another court.

Zeist, 25 Juli 2025