Terms and Conditions

K&G Growth Solutions Master Terms and Conditions

Effective date 27 September 2026
Last updated 27 September 2026

These Master Terms and Conditions govern access to and use of the websites, services, digital products, publications, platforms and applications offered by K&G Growth Solutions. They are written as one master framework, with additional rules for Executive Calibration, MindLayer and USI publications and access.

Contract priority. A signed proposal, order form, statement of work, subscription confirmation or other service-specific agreement may supplement these Terms. If there is a direct conflict, the service-specific agreement prevails for that transaction.

Contents

1 Definitions and scope

2 Acceptance and authority

3 K&G Executive Calibration and business services

4 MindLayer digital services

5 USI publications digital content and access

6 Accounts eligibility and permitted use

7 AI systems and human responsibility

8 Fees payments taxes and subscriptions

9 Delivery cancellation refunds and consumer rights

10 Confidentiality privacy and data protection

11 Intellectual property and licences

12 Availability changes and third party services

13 Disclaimers and professional responsibility

14 Liability indemnification and force majeure

15 Suspension termination and consequences

16 Governing law disputes changes and contact

1 Definitions and scope

1.1 These Terms apply to all Services made available by K&G Growth Solutions through its websites, proposals, contracts, platforms, applications, publications and authorised distribution channels.

1.2 In these Terms:

K&G, we, us and our mean K&G Growth Solutions, Burgemeester van Hoofflaan 73, 5503 BK Veldhoven, The Netherlands.

Customer means any organisation or person that purchases, commissions, accesses or uses a Service.

Business Customer means a Customer acting for purposes relating to its trade, business, craft or profession.

Consumer means an individual acting mainly outside a trade, business, craft or profession.

Services means the services and offerings described in clause 1.3, together with related support, access and deliverables.

Order means a signed proposal, statement of work, order form, subscription confirmation or other written confirmation accepted by K&G and the Customer.

Content means text, publications, data, assessments, interfaces, software, models, reports, briefings, visuals and other materials made available through the Services.

Customer Materials means information, documents, data and other material supplied by or for the Customer.

1.3 The Services may include:

independent Executive Calibration, structural observation, analysis and executive briefing services;

MindLayer digital services, reflective tools and related user experiences;

USI publications, research materials, digital content, portals and controlled-access resources; and

other services expressly described in an Order or on an authorised K&G service page.

1.4 A description on a website is general information. The agreed scope, deliverables, timetable, fees and Customer dependencies for a paid engagement are set out in the applicable Order.

1.5 If a Service is supplied through a third-party marketplace or distributor, additional terms may apply. Those additional terms do not reduce rights that cannot legally be excluded.

2 Acceptance and authority

2.1 By accessing or using a Service, placing an Order, creating an account or accepting these Terms through an online process, the Customer agrees to these Terms.

2.2 A person accepting these Terms for an organisation confirms that they have authority to bind that organisation. If they do not have that authority, they must not accept an Order or use a restricted Service on its behalf.

2.3 K&G may require written acceptance, identity verification, organisational verification or payment before providing access or beginning work.

2.4 No purchase order or other Customer document changes these Terms unless K&G expressly agrees to the change in writing.

3 K&G Executive Calibration and business services

3.1 Executive Calibration is an independent, bounded investigation of an executive question or defined organisational situation. The applicable Order identifies the question, scope, access, method, deliverables and intended recipients.

3.2 Executive Calibration may include structural observation, analysis of divergence or friction, review of supplied information, interviews, workshops and an executive briefing. K&G does not assume management authority and does not implement decisions unless an Order expressly states otherwise.

3.3 The Customer remains responsible for all leadership, governance, employment, investment, operational and strategic decisions. K&G provides independent structural visibility; it does not guarantee that a decision, intervention or business outcome will succeed.

3.4 The Customer must provide timely access to the people, information, systems and locations reasonably required by the Order. The Customer must ensure that supplied information is lawfully obtained, materially complete and not knowingly misleading.

3.5 K&G may rely on Customer Materials without independently auditing them unless the Order requires verification. Findings may be limited by incomplete access, conflicting evidence, changing circumstances or the bounded scope of the engagement.

3.6 Unless the Order states otherwise, deliverables are prepared for the Customer’s internal executive and governance use. The Customer must not publish, quote out of context, sell or provide them to a third party without K&G’s prior written consent.

3.7 K&G may pause work if access, information, safety, lawful instructions or payment is materially delayed. Any resulting timetable change is not a breach by K&G.

4 MindLayer digital services

4.1 MindLayer provides digital and AI-supported reflective experiences. Its outputs are intended to support individual reflection and human judgement. They are not diagnoses, treatment plans, professional assessments or instructions.

4.2 MindLayer is not a medical, mental health, psychological, emergency, legal, financial or crisis service. A person who may be in immediate danger or requires urgent support should contact the appropriate emergency service or qualified professional.

4.3 MindLayer users must use the Service only for themselves unless a specific organisational or professional use has been authorised in writing. Users must not use MindLayer to make automated or high-impact decisions about another person, including decisions concerning employment, credit, insurance, healthcare, education, housing or legal rights.

4.4 A user remains responsible for evaluating any output and for deciding whether to act on it. Outputs may be incomplete, inaccurate, unsuitable for a particular situation or affected by the information a user provides.

4.5 Features, usage limits, subscription periods, prices and technical requirements are described at the point of purchase or registration. Material subscription changes are communicated in accordance with applicable law.

4.6 K&G may apply reasonable safeguards, usage limits and moderation measures to protect users, systems and third parties. These measures do not create a duty to monitor every interaction.

5 USI publications digital content and access

5.1 USI publications, ESIQ materials, research resources and portal content are protected Content. Access may be public, paid, invitation-based, institution-based or subject to approval.

5.2 Purchase or authorised access gives the Customer a personal or internal-use licence only. It does not transfer ownership of the Content, underlying frameworks, research architecture, trademarks or methodology.

5.3 Unless K&G gives prior written permission, the Customer must not reproduce, distribute, upload, translate, adapt, train an AI model on, commercially exploit or make systematic extracts from protected Content.

5.4 Reasonable quotation for criticism, review, scholarship or research may be permitted by applicable law, provided the source is accurately acknowledged and the use does not substitute for the original publication.

5.5 Controlled scientific or institutional access may be subject to additional access conditions, confidentiality terms, attribution requirements or research protocols stated at the time access is granted.

5.6 K&G may correct, update or replace digital editions. Unless an Order promises ongoing updates, purchase of one edition does not include future editions.

6 Accounts eligibility and permitted use

6.1 A user must be at least 18 years old, or have legally valid consent from a parent or guardian where the Service expressly permits younger users.

6.2 Account information must be accurate and current. Credentials are personal and must be protected. The account holder is responsible for activity carried out through the account unless the activity results from a security failure for which K&G is legally responsible.

6.3 The Customer must not:

use a Service unlawfully, fraudulently, deceptively or to harm another person;

probe, disrupt, overload or circumvent security, access controls or usage limits;

reverse engineer, scrape, systematically extract or copy a Service except where applicable law expressly permits it;

introduce malicious code or attempt unauthorised access to systems or data;

misrepresent an output, finding or affiliation with K&G;

use protected Content to build or improve a competing product, model, dataset or service without written permission; or

submit Customer Materials that infringe rights, breach confidentiality or violate data protection law.

6.4 K&G may investigate suspected misuse and take proportionate protective action, including restricting functionality or access.

7 AI systems and human responsibility

7.1 Some Services may use artificial intelligence, automated processing or probabilistic models. These systems can produce variable results and may generate errors.

7.2 AI-supported output is informational or reflective. It does not replace qualified professional advice, executive judgement, governance review or legally required human decision-making.

7.3 K&G does not authorise use of its Services for unlawful surveillance, manipulation, discriminatory profiling or a solely automated decision that produces legal or similarly significant effects on a person.

7.4 Where the Customer integrates an output into its own process, the Customer is responsible for appropriate human review, context, testing, documentation and compliance.

7.5 K&G may use third-party AI or infrastructure providers where appropriate. Personal data is handled in accordance with the Privacy Policy and applicable data protection agreements.

8 Fees payments taxes and subscriptions

8.1 Fees and payment schedules are stated in the applicable Order or checkout. Unless stated otherwise, prices exclude VAT and other applicable taxes.

8.2 Business Customer invoices are payable within 14 days of the invoice date unless the Order states a different period. The Customer must raise a good-faith invoice dispute promptly and pay any undisputed amount on time.

8.3 For late Business Customer payments, K&G may charge statutory commercial interest and reasonable recovery costs to the extent permitted by law. K&G may suspend affected Services after reasonable notice.

8.4 Consumer payments, recurring charges and the total price are shown before purchase. K&G will not impose an additional recurring charge without the Consumer’s express agreement.

8.5 A subscription renews only as disclosed at purchase. A user may cancel through the available account process or by contacting K&G. Unless applicable law or the purchase terms provide otherwise, cancellation prevents the next renewal and access continues until the end of the paid period.

8.6 Third-party payment providers may process payments. K&G does not store full payment-card details where the payment provider handles them directly.

8.7 K&G may change future prices. A price change does not affect an already accepted fixed-price Order. For an ongoing subscription, K&G will give advance notice required by law and any contractual cancellation right.

9 Delivery cancellation refunds and consumer rights

9.1 Delivery dates are estimates unless the Order expressly makes a date binding. K&G is not responsible for delay caused by missing Customer dependencies, third-party failures or events beyond reasonable control.

9.2 A Business Customer may cancel an engagement only as stated in the Order. If the Order is silent, the Customer must pay for work completed, committed third-party costs and reasonable non-recoverable capacity reserved before cancellation.

9.3 A Consumer entering a distance contract may have a statutory 14-day withdrawal right. K&G will provide the legally required information and, where applicable, a model withdrawal form before the contract is concluded.

9.4 If a Consumer expressly asks K&G to begin a service during the withdrawal period and later withdraws before completion, the Consumer may owe a proportionate amount for the service already supplied where the law permits.

9.5 For digital content not supplied on a tangible medium, the withdrawal right may be lost only after the Consumer has expressly consented to immediate supply and acknowledged the resulting loss of that right, where applicable law allows this.

9.6 For a fully performed service, the withdrawal right may be lost only where the legal requirements for prior express consent and acknowledgement have been met.

9.7 Nothing in these Terms limits mandatory rights concerning conformity, remedies, refunds or termination for faulty digital content, digital services or other consumer supplies.

9.8 Refund requests outside mandatory legal rights are assessed under the applicable Order or purchase terms. A refusal of a discretionary refund does not affect a right that cannot legally be excluded.

10 Confidentiality privacy and data protection

10.1 Each party must protect confidential information received from the other party and use it only to perform or receive the Services. Confidential information includes non-public commercial, strategic, technical, organisational and personal information that is marked confidential or should reasonably be understood as confidential.

10.2 The confidentiality duty does not apply to information that the receiving party can show was lawfully known without restriction, independently developed, received lawfully from a third party, or made public without breach of these Terms.

10.3 A party may disclose confidential information where required by law or a competent authority, provided it gives prior notice where legally permitted and limits the disclosure to what is required.

10.4 K&G processes personal data as described in its Privacy Policy. Where K&G processes personal data on behalf of a Business Customer, the parties will enter into a data processing agreement when required.

10.5 The Customer is responsible for having a lawful basis to provide personal data and for giving required notices to individuals. The Customer should not provide special-category or highly sensitive data unless it is necessary, authorised and protected by appropriate safeguards.

10.6 K&G may use aggregated or de-identified information to maintain security, understand service performance and improve Services, provided the information does not identify the Customer or an individual.

10.7 The confidentiality obligations continue for five years after the relevant disclosure. Trade secrets and personal data remain protected for as long as required by applicable law or while they retain their protected character.

11 Intellectual property and licences

11.1 K&G and its licensors retain all rights in the Services and all pre-existing or independently developed intellectual property, including USI, SAH, SAP, ESIQ, Structural Decision Chain materials, MindLayer, methods, models, software, publications, designs and know-how.

11.2 The Customer retains ownership of Customer Materials. The Customer grants K&G a limited licence to use Customer Materials only as reasonably necessary to provide, secure and support the Services and comply with law.

11.3 Subject to full payment and any restrictions in the Order, K&G grants the Customer a limited, non-exclusive, non-transferable licence to use the final deliverables for the Customer’s internal purposes. No right to resell, publish, sublicense or create a competing offering is granted.

11.4 General skills, experience, methods, structural patterns and know-how retained in unaided memory may be used by K&G, provided K&G does not disclose Customer confidential information or personal data.

11.5 Feedback may be used by K&G without restriction or payment, provided it does not include confidential information or personal data. The Customer is not required to provide feedback.

11.6 A Customer must obtain written permission before using K&G names, trademarks, logos or an engagement reference in publicity. K&G will likewise seek permission before publicly naming a Customer, unless disclosure is legally required.

12 Availability changes and third party services

12.1 K&G uses reasonable care to provide digital Services, but does not promise uninterrupted or error-free availability. Maintenance, security measures, network failures and third-party dependencies may affect access.

12.2 K&G may change a Service to improve security, compliance, accessibility, functionality or sustainability. K&G will not materially reduce a paid fixed-term Service without a valid reason and appropriate notice or remedy.

12.3 Third-party links, platforms and integrations are governed by their providers’ terms. K&G is not responsible for third-party content or services outside its reasonable control.

12.4 Beta, preview or experimental features may be changed or withdrawn and may be less reliable. K&G will identify such features where their status is material.

12.5 K&G may discontinue a Service. For a prepaid Service that is discontinued before delivery, K&G will provide an appropriate refund, replacement or other remedy required by law or the Order.

13 Disclaimers and professional responsibility

13.1 K&G provides structural intelligence, independent observation, digital reflection and protected Content within the agreed scope. K&G does not provide legal, tax, accounting, investment, medical, psychological or other regulated professional advice unless an Order expressly states that an appropriately qualified professional will provide it.

13.2 A finding or output reflects the evidence, access, assumptions, context and time available. Structural position does not guarantee accuracy, and changing conditions may affect relevance.

13.3 SAH is presented as a falsifiable hypothesis and SAP as a conceptual principle within the USI architecture. Neither is represented as an empirically established universal law or proof of causality.

13.4 Structural Alignment is temporally situated. It is not synonymous with being good, compliant or successful, and it does not guarantee a preferred outcome.

13.5 Except for express commitments in an Order and rights that cannot be excluded, the Services are provided on an as-available basis. K&G does not promise a particular commercial, organisational, personal or research outcome.

14 Liability indemnification and force majeure

14.1 Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for intent, deliberate recklessness, fraud, death or personal injury where applicable law prohibits limitation.

14.2 For a Consumer, K&G’s liability is governed by mandatory consumer law. Clauses 14.3 to 14.6 apply only to Business Customers to the extent permitted by law.

14.3 K&G is not liable to a Business Customer for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, opportunity or data, except where such exclusion is not legally permitted.

14.4 K&G’s total aggregate liability to a Business Customer arising from one event or a series of related events is limited to the fees paid or payable for the affected Service during the 12 months before the event giving rise to liability. If the affected Service has a shorter fixed term, the limit is the total fees for that Service.

14.5 The limitations in clause 14.4 do not apply to a party’s payment obligations, infringement or misuse of the other party’s intellectual property, breach of confidentiality, or liability that cannot legally be limited.

14.6 A Business Customer must take reasonable steps to limit loss and must notify K&G promptly after discovering a material issue.

14.7 The Customer will indemnify K&G against a third-party claim resulting from Customer Materials or the Customer’s unlawful or unauthorised use of a Service, but only to the extent the claim was caused by the Customer and subject to prompt notice, reasonable control of the defence and cooperation. This clause does not apply to Consumers.

14.8 Neither party is liable for delay or failure caused by an event beyond its reasonable control, provided the affected party takes reasonable steps to reduce the effect and resumes performance when reasonably possible. Payment obligations already due are not excused.

15 Suspension termination and consequences

15.1 K&G may suspend access where reasonably necessary to address a security threat, suspected unlawful use, material breach, overdue payment or legal requirement. Where appropriate, K&G will give notice and an opportunity to remedy the issue.

15.2 Either party may terminate an Order for material breach if the other party does not remedy a remediable breach within 14 days after written notice. A shorter period may apply where urgent action is required by law or security risk.

15.3 K&G may terminate immediately for fraud, serious misuse, unlawful activity, threats to safety or security, insolvency where permitted by law, or a breach that cannot reasonably be remedied.

15.4 On termination, the Customer must stop using restricted Services and pay amounts properly due for Services supplied. Each party must return or delete confidential information when reasonably requested, subject to legal retention duties and secure backups.

15.5 Provisions concerning payment, confidentiality, intellectual property, disclaimers, liability, disputes and any provision intended by its nature to continue will survive termination.

15.6 A Consumer’s statutory termination, cancellation and remedy rights remain unaffected.

16 Governing law disputes changes and contact

16.1 These Terms and each Order are governed by Dutch law, without prejudice to mandatory protections that apply to a Consumer in the country where the Consumer habitually resides.

16.2 The parties will first try to resolve a dispute through a good-faith written complaint and reasonable discussion. Complaints may be sent to contact@kggrowthsolutions.com.

16.3 For Business Customers, disputes are submitted to the competent court in the district where K&G is established, unless the parties agree to another method in writing. A Consumer may bring proceedings in any court available under mandatory law.

16.4 K&G may update these Terms for legal, security, technical or operational reasons. The version accepted for a fixed Order continues to govern that Order unless the parties agree otherwise or a legal change must apply. For ongoing digital Services, K&G will give reasonable advance notice of a material change and any cancellation right required by law.

16.5 If any provision is invalid or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions continue in effect.

16.6 A failure or delay in enforcing a right is not a waiver. Rights and remedies are cumulative unless the law or an Order states otherwise.

16.7 The Customer may not assign an Order without K&G’s prior written consent, which will not be unreasonably withheld for a legitimate internal reorganisation. K&G may assign an Order as part of a merger, restructuring or transfer of the relevant business, provided this does not reduce mandatory Customer rights.

16.8 The English version is the governing version to the extent permitted by law. Translations are provided for accessibility. Mandatory local-language protections remain unaffected.

Contact information

K&G Growth Solutions
Burgemeester van Hoofflaan 73
5503 BK Veldhoven
The Netherlands
Netherlands Chamber of Commerce 69080372
VAT identification number NL001684779B05
contact@kggrowthsolutions.com
https://kggrowthsolutions.com/