These terms apply between Penweir, based in Amersfoort, the Netherlands (“we”) and the organisation that requests early access, an evaluation licence or a licence for Penweir (“you”). Penweir is sold to businesses only. Your own general terms do not apply.
1. Early access
1.1 Penweir is in development. Early access is free and without obligation on either side: you are not committing to buy, and we are not committing to a release date or to specific features.
1.2 Pre-release builds we share are provided as they are, for testing outside production, without warranty or support commitments.
1.3 Feedback you give us may be used to improve Penweir, without any obligation to you.
2. Evaluation licence
2.1 When version 1 is released, early-access organisations can receive an evaluation licence: all features, for 14 days, for one non-production environment.
2.2 The evaluation licence key is checked offline and expires automatically. Evaluation builds show “EVALUATION” in the console and audit log.
2.3 Evaluation is provided without warranty and without liability, to the extent the law allows.
3. Licence
3.1 A Penweir licence is a one-time, perpetual, non-exclusive right to install and use the version of Penweir you receive, for the number of environments your tier includes.
3.2 You may not resell, sublicense or redistribute Penweir, or offer it to third parties as a hosted service.
3.3 If your organisation is acquired or merged, the licence transfers with it after written notice to us.
4. What is included
4.1 Each tier includes what is listed on penweir.com/pricing on the date of purchase: environments, update period, support, rollout help, custom work and documentation.
4.2 Support response times are measured in business days in the Netherlands.
4.3 Enterprise feature requests are reviewed quarterly. A request is not a commitment to deliver it.
5. Updates and maintenance
5.1 Updates and security patches are provided for the period your tier includes.
5.2 After that, optional maintenance costs 20% of the licence price per year.
5.3 Your licence keeps working when the update period ends. There is no remote shutdown.
6. Delivery
6.1 We deliver the release package, licence and onboarding details by email within one business day of payment.
7. Prices and payment
7.1 Prices are in euro and exclude VAT. Payment is by card, iDEAL or bank transfer on invoice, within 14 days of the invoice date.
8. Warranty
8.1 For 90 days after delivery, Penweir will materially work as described in its documentation. If it does not, and we cannot fix it within 30 days of your report, you may return the licence for a full refund.
8.2 We do not warrant that detection of sensitive data is complete. Penweir is designed so that you control which fields leave your network (see Security); configuring that is your responsibility.
9. Liability
9.1 Our total liability is limited to the amount you paid for the licence in the 12 months before the event that caused the damage.
9.2 We are not liable for indirect or consequential damage, including lost profit, lost data or business interruption.
9.3 These limits do not apply to damage caused by our intent or deliberate recklessness.
10. Your data
10.1 Penweir runs in your environment. We do not receive, store or process the data that passes through it.
11. Continuity
11.1 If we transfer our business, these terms and your licence pass to the successor.
12. Governing law
12.1 Dutch law applies. Disputes go to the competent court in Amersfoort, the Netherlands.