These General Terms and Conditions (the "Terms") govern the purchase, licensing, access to, and use of products, software, cloud services, hardware solutions, training services, certification programs, support services, websites, APIs, portals, and related services provided by Certus Technology Group BV ("Certus").

By purchasing, accessing, installing, copying, downloading, activating, logging into, using, testing, evaluating, or otherwise benefiting from any Certus Product or Service, the Customer agrees to be bound by these Terms. If the Customer accepts these Terms on behalf of a company, organization, or other legal entity, the person accepting these Terms represents and warrants that he or she has authority to bind that entity.

If the Customer does not agree to these Terms, the Customer must not access, install, activate, use, or benefit from the Products or Services and must return or delete any software, credentials, license keys, documentation, or related materials received from Certus.

1. Company Information

Certus Technology Group BV
Koningsschot 29
3905 PR Veenendaal
The Netherlands

Chamber of Commerce (KvK): 96992999
VAT Number: NL867865507B01
Website: https://www.certustech.com
Privacy Policy: https://www.certustech.com/about-us/privacy-policy/
Support Portal: https://support.certustech.com
Legal Notices: legal@certustech.com

In these Terms, Certus Technology Group BV is referred to as "Certus". The person, company, organization, partner, distributor, reseller, or other legal entity purchasing, accessing, licensing, testing, evaluating, or using any Product or Service is referred to as the "Customer".

2. Definitions

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party. "Control" means direct or indirect ownership of more than fifty percent (50%) of the voting interests or the practical ability to direct management decisions.

"Agreement" means these Terms together with any applicable quotation, order form, invoice, partner agreement, support agreement, data processing agreement, service description, license description, or written commercial arrangement agreed between Certus and the Customer.

"Products" means all software, cloud services, hardware solutions, licenses, portals, documentation, reports, APIs, training services, certification programs, support services, websites, and related offerings supplied by Certus, whether provided online, offline, through a HASP key, through a cloud account, through a partner, or by any other deployment method.

"Software" means any software application, bootable environment, utility, tool, module, portal, or program developed, owned, licensed, or distributed by Certus, including but not limited to Certus EraseDrive, Certus EraseMobile, Certus EraseMac, Certus VerifyDrive, Certus Diagnostics, Certus DispositionCenter, Certus Cloud services, and any future Certus software product or module.

"License" means the right granted by Certus to use specific Products or Services under the commercial and technical conditions applicable to that Product or Service. Licenses may be non-expiring, subscription-based, count-based, device-based, usage-based, cloud-based, offline, HASP-based, evaluation-based, or otherwise defined by Certus.

"Customer Data" means any information, report, certificate, audit trail, asset information, device information, personal data, user data, inventory information, diagnostic result, verification result, support information, or other data generated, uploaded, entered, stored, processed, or exported by the Customer through the Products or Services.

"Documentation" means user manuals, release notes, technical instructions, specifications, product descriptions, training materials, helpdesk articles, website information, and other materials made available by Certus in relation to the Products or Services.

3. Scope and Order of Precedence

These Terms apply to all Customers unless a separate written agreement signed or otherwise accepted by Certus expressly states that different terms apply.

Where the Customer is an Authorized Partner, Distributor, Reseller, Franchise Partner, Country Manager, Certified Engineer, or other commercial partner of Certus, a separate written agreement may apply. In the event of a conflict between these Terms and such specific written agreement, the specific written agreement shall prevail to the extent of the conflict.

In the event of a conflict between these Terms and a quotation, order form, invoice, or product description, the document that is more specific to the relevant transaction shall prevail for that transaction only, unless expressly stated otherwise.

Any purchase terms, procurement terms, customer terms, or other terms submitted by the Customer shall not apply unless Certus has expressly accepted them in writing. Delivery of Products, activation of licenses, or provision of support shall not constitute acceptance of the Customer's terms.

4. License Grant

Subject to full compliance with these Terms and payment of all applicable fees, Certus grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Products and Services for the Customer's lawful internal business purposes and only in accordance with the applicable Documentation and commercial arrangements.

The license granted is a right of use only. No ownership of the Products, Software, source code, object code, Documentation, trademarks, reports templates, certificate templates, methods, workflows, or other intellectual property is transferred to the Customer.

The Customer may only use the Products for the number of devices, users, licenses, accounts, locations, partners, customers, reports, or transactions authorized by Certus. Any usage exceeding the licensed scope requires additional licenses or prior written approval from Certus.

Cloud accounts, trial accounts, test accounts, demo licenses, evaluation licenses, and temporary licenses may be limited in time, volume, functionality, or purpose. Certus may restrict, suspend, or withdraw such access at any time if the Customer exceeds the intended evaluation purpose, violates these Terms, or creates a security, legal, or operational risk.

Offline or HASP-based deployments remain subject to the same license restrictions as cloud deployments. The possession of a HASP key, bootable media, software image, USB drive, installation package, or local copy does not grant any additional ownership or redistribution rights.

5. Authorized Use and Customer Obligations

The Customer shall use the Products and Services only for legitimate business purposes and in compliance with all applicable laws, regulations, industry obligations, and contractual requirements.

The Customer shall ensure that only authorized personnel access or use the Products. The Customer is responsible for maintaining the confidentiality and security of login credentials, license keys, HASP keys, customer codes, API credentials, administrator accounts, and any other access mechanisms.

The Customer shall keep complete and accurate records of its license usage, deployment locations, users, devices processed, reports generated, and any other information reasonably necessary to demonstrate compliance with the applicable license model.

The Customer shall promptly notify Certus if it becomes aware of unauthorized access, unauthorized license usage, loss of credentials, loss of a HASP key, security incident, suspected misuse, or any other event that may affect the security, licensing, or integrity of the Products or Services.

The Customer is responsible for ensuring that its equipment, network, internet connection, operating environment, storage media, drivers, firmware, BIOS or UEFI settings, device configuration, and third-party software are suitable for the intended use of the Products.

6. Prohibited Use

Except where expressly permitted by applicable mandatory law, the Customer shall not reverse engineer, decompile, disassemble, decode, modify, adapt, translate, copy, reproduce, or create derivative works based on the Products or any part thereof.

The Customer shall not circumvent, disable, manipulate, bypass, or interfere with any licensing mechanism, usage counter, security control, authentication process, audit trail, report integrity mechanism, digital signature, certificate generation process, or technical protection measure.

The Customer shall not sell, resell, sublicense, distribute, lease, rent, lend, transfer, assign, white-label, rebrand, host, outsource, or make the Products available to third parties unless expressly authorized in a separate written agreement with Certus.

The Customer shall not use the Products to infringe third-party rights, violate privacy rights, process data unlawfully, perform unauthorized access, conduct malicious activity, or support any illegal or harmful purpose.

The Customer shall not use the Products for competitive benchmarking, product comparison, reverse engineering, market analysis, or development of competing products without prior written authorization from Certus.

The Customer shall not remove, alter, obscure, or tamper with trademarks, copyright notices, proprietary notices, digital signatures, report identifiers, certificate identifiers, or other ownership or authenticity markings.

7. Cloud Services and Portals

Where cloud services or portals are provided, Certus will use commercially reasonable efforts to maintain availability, security, and operational continuity. Certus does not guarantee uninterrupted, error-free, or continuously available access unless a separate written service level agreement expressly provides otherwise.

Certus may perform planned or emergency maintenance, security updates, migrations, infrastructure changes, database maintenance, upgrades, or other technical work that may temporarily affect availability or functionality.

Certus may update, improve, modify, replace, or discontinue cloud features, user interfaces, workflows, APIs, storage methods, reporting functions, security features, or technical components. Certus will use reasonable efforts to avoid unnecessary disruption to Customers.

The Customer is responsible for managing users, permissions, roles, customer accounts, partner accounts, and access rights within any portal or cloud environment provided by Certus.

Certus may suspend access to cloud services where necessary to prevent security risks, unauthorized use, legal violations, non-payment, service abuse, or material breach of these Terms.

8. Software Updates, Upgrades and Maintenance

Certus may provide updates, upgrades, enhancements, bug fixes, compatibility improvements, security patches, new releases, or replacement versions of the Products from time to time.

Updates may change functionality, user interfaces, workflows, file structures, hardware requirements, operating system compatibility, reporting formats, certificate layouts, API behavior, or deployment methods.

Certus is not obligated to maintain older versions indefinitely. Certus may retire older versions where needed for security, compatibility, quality, supportability, or commercial reasons.

The Customer is responsible for installing, deploying, or implementing updates in accordance with the applicable instructions, unless Certus expressly provides the update as part of a managed cloud service.

9. Data Sanitization, Verification and Diagnostics

Certus provides Products designed to support data sanitization, verification, diagnostics, audit trails, reporting, certificate generation, and related workflows. The Products are tools to support the Customer's processes; they do not replace the Customer's responsibility for selecting, validating, and documenting the appropriate process.

The Customer remains solely responsible for selecting the correct sanitization method, determining whether a Clear, Purge, Destroy, Verify, Diagnostics, or other process is appropriate, and ensuring that the selected process satisfies the Customer's applicable legal, regulatory, contractual, operational, and customer-specific requirements.

The Customer is responsible for reviewing reports, certificates, diagnostics, warnings, failed results, passed-with-warning results, logs, and other output generated by the Products. The Customer must not assume that a process satisfies a requirement without reviewing the relevant result and documentation.

Where a device, drive, storage medium, mobile device, Apple device, server, storage system, TPM, BIOS, firmware, or other component cannot be accessed, detected, erased, verified, or diagnosed, the Customer is responsible for determining the appropriate next step, including manual review, physical destruction, additional verification, or other procedures required by its policies.

10. Data Sanitization Acknowledgement

The Customer acknowledges that data sanitization, erasure, destruction, overwrite operations, cryptographic erase operations, reset operations, and other data removal activities performed by the Products are intended to be permanent and irreversible.

Once a data sanitization process has been initiated and completed, data may no longer be recoverable by any means. The Customer is solely responsible for ensuring that all required backups, copies, records, archives, business-critical information, legal records, and customer data have been secured before commencing any data sanitization activity.

Certus shall not be liable for any loss of data, loss of information, business interruption, loss of revenue, loss of customer data, inability to restore data, or other damages resulting from the intended operation of the Products or from the Customer's decision to sanitize, erase, reset, overwrite, verify, diagnose, or otherwise process a device.

11. Certificates, Reports and Verification Results

Certificates, reports, audit trails, diagnostics, verification results, logs, and related documentation are generated based on information available to the Products at the time of processing and based on information entered, selected, scanned, imported, or otherwise provided by the Customer.

Certus does not guarantee that any certificate, report, audit trail, diagnostic result, verification result, or other output will be accepted by any customer, auditor, regulator, certification body, government authority, insurer, legal authority, partner, or third party.

The Customer remains responsible for determining whether generated documentation satisfies its business, legal, regulatory, industry, contractual, audit, insurance, certification, or customer requirements.

Certus shall not be liable for rejection of a report or certificate by a third party unless Certus has expressly guaranteed acceptance in a separate written agreement.

12. Customer Data and Asset Information

Customer Data remains the property of the Customer. Certus does not claim ownership of Customer Data.

The Customer is solely responsible for the accuracy, completeness, legality, and reliability of all information entered into, imported into, scanned into, or generated through the Products, including asset IDs, serial numbers, IMEI numbers, device names, customer references, inventory data, user information, device classifications, erasure methods, processing decisions, and custom fields.

Certus shall not be liable for errors, omissions, inaccurate reports, incorrect certificates, failed customer audits, or other consequences resulting from incorrect or incomplete information provided by the Customer or obtained from defective, locked, damaged, unsupported, or incorrectly configured devices.

The Customer is responsible for exporting, retaining, archiving, and backing up reports and certificates required for its own records unless a separate written agreement expressly assigns that responsibility to Certus.

13. Privacy and Data Protection

Certus processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR), where applicable.

Information regarding how Certus collects, processes, stores, and protects personal data can be found in the Certus Privacy Policy available at https://www.certustech.com/about-us/privacy-policy/.

The Customer remains responsible for ensuring that any personal data uploaded to, entered into, imported into, or processed through the Products is collected and processed lawfully and that the Customer has the necessary legal basis, authorizations, notices, and consents where required.

Where legally required, the parties may enter into a separate data processing agreement. In the event of conflict between these Terms and a data processing agreement regarding personal data processing, the data processing agreement shall prevail for that subject matter.

14. Support Services

Support services are provided according to the applicable support plan, license type, subscription, partner status, or written support agreement purchased or agreed by the Customer.

Support requests can be submitted through the Certus support portal at https://support.certustech.com. Certus may define support channels, response targets, priority levels, escalation procedures, and required diagnostic information from time to time.

Certus may require the Customer to provide logs, screenshots, device information, software version information, report details, license information, or other reasonable information necessary to investigate a support request.

Support does not include custom development, on-site services, third-party system support, operating system installation, hardware repair, data recovery, legal advice, audit advice, or customer-specific compliance analysis unless expressly agreed in writing.

15. Training and Certification

Certus may provide training, onboarding, certification programs, engineer programs, partner programs, examinations, updates, or related professional development offerings.

Certification status is subject to Certus program requirements. Certus may modify training content, examination requirements, certification validity periods, renewal requirements, branding rules, and program conditions from time to time.

Certifications, badges, certificates, training materials, logos, and program names remain the intellectual property of Certus. Misuse, misrepresentation, fraud, non-payment, violation of program rules, or failure to maintain required standards may result in suspension or revocation of certification status.

Unless expressly stated otherwise, a certification confirms that an individual has completed the relevant Certus training or assessment. It does not make the certified person an employee, agent, legal representative, or authorized signatory of Certus.

16. Intellectual Property Rights

All intellectual property rights, including copyrights, trademarks, trade names, database rights, design rights, patent rights, know-how, trade secrets, methods, workflows, source code, object code, documentation, certificate templates, report formats, user interfaces, and related materials, remain exclusively owned by Certus or its licensors.

Nothing in these Terms transfers any ownership rights to the Customer. The Customer receives only the limited rights expressly granted in these Terms or in a separate written agreement.

The Customer shall not challenge, register, copy, imitate, modify, or use any Certus trademark, trade name, product name, logo, domain name, certificate mark, or branding except as expressly permitted by Certus in writing.

All rights not expressly granted to the Customer are reserved by Certus.

17. Open Source and Third-Party Software

Certain Products may contain open-source software, third-party software, libraries, drivers, firmware, operating system components, or other third-party materials.

Such components remain subject to their respective license terms. To the extent required by applicable third-party licenses, those terms shall apply to the relevant components instead of these Terms.

Certus makes no warranties regarding third-party software and shall not be liable for defects, vulnerabilities, limitations, incompatibilities, or failures arising from third-party components, except to the extent liability cannot be excluded under applicable law.

18. Feedback

The Customer may voluntarily provide suggestions, enhancement requests, recommendations, ideas, comments, product requirements, improvement proposals, or other feedback regarding the Products or Services ("Feedback").

The Customer grants Certus a perpetual, irrevocable, worldwide, royalty-free, transferable right to use, modify, incorporate, disclose, commercialize, and otherwise exploit such Feedback without restriction and without compensation to the Customer.

Certus is not obligated to implement Feedback or to treat Feedback as confidential unless expressly agreed in writing.

19. Partner, Reseller and Distributor Rights

No reseller, distributor, authorized partner, franchise partner, country manager, consultant, integration partner, service provider, or other third party may resell, distribute, sublicense, white-label, rebrand, bundle, offer managed services, create derivative offerings, or otherwise make the Products available to third parties unless expressly authorized in a separate written agreement with Certus.

Where a separate partner, distributor, reseller, franchise, country manager, or authorized partner agreement applies, that agreement may grant specific rights, obligations, pricing, territory, exclusivity, support duties, certification duties, sales targets, or other commercial arrangements. In the event of conflict, the specific written agreement prevails.

Unless expressly authorized, partners and customers may not make representations, warranties, guarantees, commitments, or promises on behalf of Certus.

20. Fees and Payment

The Customer shall pay all applicable fees in accordance with the applicable quotation, invoice, order form, partner agreement, subscription arrangement, or other written commercial arrangement.

All fees are exclusive of VAT, taxes, duties, bank charges, withholding taxes, and other governmental charges unless expressly stated otherwise. The Customer is responsible for all applicable taxes and charges.

Certus may suspend delivery, license activation, support, cloud access, or other services where payment is overdue in accordance with the suspension provisions below.

Late payments may be subject to statutory interest, collection costs, legal costs, and other costs permitted by applicable law.

21. Suspension for Non-Payment

The Customer shall pay all invoices in accordance with the applicable payment terms.

In the event of non-payment, Certus may issue payment reminders and notices of overdue payment. If an invoice remains unpaid after a final written payment reminder and the Customer has been granted a period of at least fourteen (14) days to remedy the default, Certus reserves the right to suspend access to all or part of the Products and Services until all outstanding amounts have been paid in full.

Such suspension shall not relieve the Customer of its payment obligations under any agreement with Certus. Certus may restore access following receipt of all outstanding payments and any applicable reinstatement fees.

Certus may take further legal or collection action where amounts remain unpaid after suspension.

22. Warranties and Disclaimers

Certus warrants that the Products will substantially perform in accordance with their published Documentation when used in accordance with such Documentation and the applicable technical requirements.

Except as expressly stated in these Terms or in a separate written agreement, all Products and Services are provided "as is" and "as available". Certus disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free performance.

Certus does not warrant that the Products will identify, erase, verify, diagnose, or process every device, storage medium, operating system, mobile device, firmware version, lock status, hardware component, or configuration, especially where the device is damaged, unsupported, locked, encrypted, misconfigured, defective, or not accessible.

The Customer acknowledges that results may depend on hardware condition, firmware behavior, device configuration, operating system restrictions, network availability, user input, third-party software, BIOS/UEFI settings, MDM or lock status, storage controller behavior, and other factors outside Certus' reasonable control.

23. Beta, Preview and Evaluation Features

Certus may provide beta, preview, evaluation, pilot, early access, experimental, or pre-release features. Such features are provided for testing and evaluation purposes only unless expressly stated otherwise.

Beta and preview features are provided "as is", may contain errors, may be incomplete, and may be modified, suspended, restricted, or discontinued at any time without notice.

Certus shall not be liable for damages arising from use of beta, preview, evaluation, pilot, early access, or experimental features, except to the extent liability cannot be excluded under applicable law.

24. License Compliance and Audit Rights

The Customer shall maintain accurate records relating to Product usage, licenses, users, devices, processed assets, deployment locations, HASP keys, cloud accounts, and other information relevant to license compliance.

Upon reasonable notice, Certus may request information reasonably necessary to verify compliance with applicable licensing terms. The Customer agrees to cooperate in good faith with such verification requests.

If verification shows that the Customer has exceeded the licensed scope, the Customer shall promptly purchase the required additional licenses and pay any applicable fees. Certus reserves the right to suspend access or terminate licenses in the event of material license misuse.

25. Limitation of Liability

To the maximum extent permitted by applicable law, Certus shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of business opportunities, loss of anticipated savings, loss of data, business interruption, procurement of substitute products, or similar losses.

The total aggregate liability of Certus shall not exceed the total amount paid by the Customer to Certus during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitation of liability applies regardless of the legal basis of the claim, whether based on contract, tort, negligence, product liability, warranty, statutory duty, indemnity, or any other legal theory.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

26. Confidentiality

Each party shall keep confidential all non-public information received from the other party that is marked confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Confidential information may be used only for the purpose of performing or receiving Products or Services under the Agreement and may not be disclosed to third parties except to employees, advisors, contractors, or affiliates who need to know the information and are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without restriction, independently developed without use of confidential information, or required to be disclosed by law or court order.

27. Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency relationship, franchise relationship, fiduciary relationship, employment relationship, or authority for either party to bind the other.

Neither party may make representations, warranties, commitments, or obligations on behalf of the other party unless expressly authorized in writing.

28. Term and Termination

These Terms remain effective while the Customer accesses, uses, holds, or benefits from any Product, Service, account, license, software copy, HASP key, certificate, report, training, or support service.

The Customer may stop using the Products at any time, subject to any minimum contract period, payment obligation, subscription term, partner agreement, or other written commitment.

Certus may suspend or terminate access to Products or Services if the Customer materially breaches these Terms, fails to pay overdue amounts after the applicable reminder and cure process, creates a security or legal risk, misuses licenses, infringes intellectual property, violates export control rules, or otherwise acts in a manner that may harm Certus, its customers, partners, systems, or reputation.

Upon termination, the Customer shall cease use of the affected Products and Services and, where requested, return or destroy software, Documentation, license keys, HASP keys, and other materials provided by Certus, unless retention is required by law or expressly permitted in writing.

29. Force Majeure

Neither party shall be liable for delay or failure to perform obligations caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, strikes, lockouts, epidemics, pandemics, fire, flood, storm, power failures, internet outages, cyberattacks, denial-of-service attacks, governmental actions, export restrictions, supplier failures, transport interruptions, telecommunications failures, or failures of hosting providers or subcontractors.

The affected party shall use reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably possible.

30. Export Control and Sanctions

The Customer shall comply with all applicable export control laws, trade restrictions, embargoes, economic sanctions, and regulations applicable to the Products and Services.

The Customer shall not use, export, re-export, transfer, provide, or make available any Product or Service in violation of applicable export control or sanctions regulations or to any prohibited person, entity, country, or destination.

Certus may suspend or refuse delivery, activation, access, or support where Certus reasonably believes that providing the Product or Service may violate export control, sanctions, or trade compliance obligations.

31. Assignment

The Customer may not assign, transfer, delegate, or otherwise dispose of its rights or obligations under these Terms without prior written consent from Certus.

Certus may assign or transfer its rights and obligations to an Affiliate, successor entity, purchaser of its business or assets, or entity involved in a restructuring, merger, acquisition, or similar transaction.

32. Notifications

Any notice required or permitted under these Terms shall be made in writing and delivered by email, postal service, courier service, or other verifiable written communication method.

Notices to Certus shall be sent to:

Certus Technology Group BV
Koningsschot 29
3905 PR Veenendaal
The Netherlands

Email: legal@certustech.com

Notices sent by email shall be deemed received one (1) business day after transmission, provided that no delivery failure notification has been received. Notices sent by postal mail or courier service shall be deemed received five (5) business days after dispatch or upon confirmed delivery, whichever occurs first.

The Customer is responsible for maintaining accurate contact information with Certus. Notices sent to the latest contact details provided by the Customer shall be deemed validly delivered.

Nothing in this clause prevents either party from serving legal proceedings or other documents in accordance with applicable law.

33. Survival

Any provision that by its nature should survive termination or expiration shall survive, including provisions relating to fees and payment, intellectual property, confidentiality, privacy and data protection, warranties and disclaimers, certificates and reports, data sanitization acknowledgements, limitation of liability, audit rights, export control, notifications, governing law, jurisdiction, and any accrued rights or obligations.

34. Governing Law

These Terms and any dispute, claim, or non-contractual obligation arising from or relating to them shall be governed exclusively by the laws of The Netherlands, without regard to conflict of law provisions.

35. Jurisdiction

Any dispute arising from or relating to these Terms, the Products, the Services, or any related Agreement shall be submitted to the competent courts of The Netherlands, unless mandatory applicable law requires otherwise.

36. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic and legal purpose of the original provision.

37. Waiver

A failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy. A waiver is valid only if made in writing and applies only to the specific circumstance for which it is given.

38. Entire Agreement

These Terms, together with any applicable quotation, order form, invoice, partner agreement, support agreement, data processing agreement, or other written commercial arrangement, constitute the entire agreement between Certus and the Customer regarding the Products and Services and supersede all prior or contemporaneous oral or written communications, proposals, representations, and understandings relating to the same subject matter.

39. Changes to These Terms

Certus reserves the right to amend, update, modify, or replace these Terms from time to time. Updated versions may be published on the Certus website, customer portals, partner portals, or otherwise communicated to Customers.

Continued use of any Product or Service following publication or notification of revised Terms constitutes acceptance of the revised Terms, unless mandatory applicable law requires a different process.

40. Final Provisions

Headings are included for convenience only and shall not affect interpretation. Words in the singular include the plural and vice versa where the context requires. References to written form include email and other verifiable electronic communication unless a stricter form is required by applicable law or a specific written agreement.

If these Terms are translated into another language, the English version shall prevail unless expressly stated otherwise in writing by Certus.