Terms of Service

Effective Date: 02 October 2025
Company: Realix V.O.F. (“Realix”, “we”, “us”)
KVK: 64017028 • VAT: NL855489388B01 • Email: [email protected]
Customer: the buyer/user of our products/services (“you”). If you act for a business, “you” means that business and you warrant authority.

Key information summary

  • Trader identity: Realix V.O.F., Riviermos 7, 2661MK Bergschenhoek, Netherlands. KVK: 64017028, VAT: NL855489388B01, Email: [email protected].
  • What you get: Realix ERC software (ERC Server, Designer, Gamehost) and optional Realix-branded hardware/controllers.
  • Total price: shown at checkout (taxes/duties/fees indicated where applicable).
  • Right of withdrawal (EU/UK consumers only): 14-day cooling-off — see §10 and the Model Withdrawal Form.
    • Digital content not on a tangible medium (e.g., activation/keys): if you choose immediate access, you consent and acknowledge you lose the 14-day withdrawal (§10.3).
  • Subscriptions: auto-renew unless canceled before term end (§6).
  • Complaints: [email protected]; EU/UK consumers may also use the ODR platform: https://ec.europa.eu/odr.
    This summary is for convenience only; the full Terms govern.

1) Definitions

“Service”: the Realix ERC platform (software, hosted services, documentation) and optional Realix-branded hardware.
“Software”: ERC Server, ERC Designer and ERC Gamehost applications.
“Order”: your purchase/subscription confirmation (including online order pages).
“EULA”: the Realix ERC End-User License Agreement referenced here.
“Consumer”: a natural person acting wholly outside their trade, business, craft or profession.
“Business Customer”: a legal entity or sole trader, or any customer using the Service for or in connection with a trade, business, craft or profession.

2) Contract structure & precedence

The EULA governs license scope and activation/technical use of the Software. These Terms govern commercial/legal terms (fees, renewals, consumer rights, warranties, liability, hardware, data, etc.). If there’s a conflict, EULA controls license scope/activation and these Terms control everything else. Any referenced DPA, Support Policy, or Hardware Terms & Warranty are incorporated by reference.

3) Who may use; language; territory

You must be 18+ (or have parental consent). We sell worldwide, except where prohibited by sanctions/export laws or local law. Contract language is English; translations (if any) are for convenience. Nothing here limits mandatory consumer rights in your country of residence.

3A) Determining Consumer vs Business use

(a) If you use the Service for or in connection with a trade, business, craft or profession (including operating an escape room commercially), you are deemed a Business Customer for that use, even if the purchase was made by a natural person and/or without a company VAT/KVK at checkout.
(b) If you use the Service wholly outside a trade or profession, you are a Consumer for that use and benefit from the consumer protections in these Terms and under mandatory law.
(c) Mixed use. Where use is partly business and partly private, the business terms apply to the business portion of use.
(d) Misrepresentation. If you represent a purchase as Consumer but in fact use the Service for business, the Business Customer terms (including §§12–14) apply and you will indemnify Realix for losses arising from the misrepresentation.

4) Orders, delivery & access

We accept Orders when we confirm them. For hardware, title/risk pass as stated in your Order or applicable Incoterms. You’re responsible for import duties/taxes where applicable. For software/services, access begins after payment/activation (see EULA).

5) Prices, taxes & payment

Prices are shown with an indication of tax inclusion/exclusion. We collect VAT/GST/sales tax where required. If you buy as a business using reverse-charge, provide a valid tax ID and billing details.

6) Subscriptions: term, renewal, cancellation, price changes

  • Subscriptions renew automatically for successive terms equal to the initial term unless you cancel before the current term ends.
  • Consumers can cancel online via realix-erc.com or by emailing [email protected]. Cancellation takes effect at term end.
  • We may change prices with 30 days’ notice; new prices apply on the next renewal.
  • Late/failed payment after notice may lead to suspension.

7) Use restrictions

You shall not: (a) copy/modify/reverse-engineer the Software except as permitted by mandatory law; (b) circumvent license verification; (c) use more than one escape room per license; (d) use the Service unlawfully or to infringe rights; (e) misrepresent business use as private/consumer use.

8) License compliance & verification

We may use technical measures to verify license validity, including hardware fingerprinting and time-limited certificates, as described in the EULA and Privacy Policy.

9) Support

Unless agreed otherwise, we provide best-effort support during business hours [CET/CEST] via [email protected]. No uptime or response-time SLA unless expressly agreed.

10) Consumer withdrawal/cooling-off (region-specific)

  • EU/UK consumers: You have 14 days to withdraw from distance contracts — see Regional Addenda §A and Model Withdrawal Form.
    • Services/subscriptions: If you asked us to start during the cooling-off, you owe a proportionate amount for services delivered until withdrawal.
    • Digital content not on a tangible medium (activation/keys/immediate activation): you lose the right to withdraw once you (i) expressly consent to immediate performance and (ii) acknowledge the loss.
  • Other regions: Cooling-off rights apply only if your local law grants them (see Regional Addenda). Where not mandated, purchases are final after delivery/activation.

11) Legal guarantee (consumers) & commercial warranty

  • Consumers: Where your local law provides a legal guarantee of conformity (e.g., EU/UK/AU/NZ/CA), that statutory protection applies and is not limited by these Terms.
  • Commercial hardware warranty (all customers): see Hardware Terms & Warranty (12-month manufacturer warranty). This does not affect statutory consumer rights.

12) Warranties & disclaimers (AS-IS; consumer carve-outs)

Except as expressly stated in these Terms, the Service (including Software, firmware and documentation) is provided “AS IS” and “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, whether express, implied, statutory or otherwise, including MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, and UNINTERRUPTED OR ERROR-FREE OPERATION.
Consumers: this clause does not limit non-excludable rights (e.g., EU/UK legal guarantee; Australian Consumer Law guarantees; any non-excludable implied warranties in your jurisdiction).

13) Safety-critical / high-risk use

The Service is not designed for life-safety, emergency egress, medical, aviation, or other high-risk environments where failure could cause death, personal injury, or severe property damage. You are responsible for fail-safe designs (e.g., default-unlock doors, manual overrides), redundant power, and local safety compliance. We disclaim liability for such use to the maximum extent permitted by law (subject to mandatory consumer law).

14) Limitation of liability (Business Customers vs Consumers)

We do not exclude or limit liability where such exclusion/limitation is unlawful (including liability for death/personal injury caused by negligence, for intent/gross negligence, or under product-liability rules).

  • Business Customer: Realix’s total liability arising out of or relating to the Service is capped at the subscription fees actually paid by Customer to Realix for the Service in the 12 months preceding the event, excluding taxes, hardware purchases, shipping, customs/duties, and one-off fees. For hardware claims, the cap is the purchase price of the affected unit. We also exclude indirect, incidental, special, punitive or consequential damages (including lost profits/revenue, goodwill, data, business interruption, replacement costs).
  • Consumers: We are not liable for indirect losses to the extent permitted by law. This does not affect your non-excludable rights (see Regional Addenda for statements such as the Australian Consumer Law).

15) Data protection

If we process personal data on your behalf, we do so as processor and you as controller under GDPR; our Data Processing Agreement (Art. 28 GDPR) applies. Otherwise we act as controller per our Privacy Policy.

16) Changes to Service & Terms

We may update features or Terms. Material changes will be notified (email or in-app). For consumer subscriptions, material adverse changes take effect from the next renewal; if you do not agree you may cancel before then.

17) Export/sanctions; customs

You will comply with export control and sanctions laws. We may refuse, suspend, or terminate supply where prohibited. For international hardware shipments, customs clearance, duties and taxes may be payable by you unless stated otherwise.

18) Force majeure

Neither party is liable for delay/failure due to events beyond reasonable control (including third-party network, power, or cloud outages).

19) Assignment

You may not assign without our consent, except to an affiliate or in a merger/asset sale. We may assign these Terms.

20) Governing law & venue (global)

  • Business Customers: Dutch law governs; the courts of the Netherlands have exclusive jurisdiction.
  • Consumers: These Terms are governed by the law of your country of residence or Dutch law, whichever provides you with greater mandatory protection. You may bring disputes in your local courts where required by law (e.g., EU/UK).
  • UN CISG excluded to the extent permitted.

21) Contact & notices

Realix V.O.F. • Riviermos 7, 2661MK Bergschenhoek, Netherlands • KVK: 64017028 • VAT: NL855489388B01
Legal: [email protected] • Support: [email protected].
We may notify you by email to your account address; you may notify us at the Legal email.

Regional Addenda (apply where you are located)

A) EU/EEA & UK consumers

  • Cooling-off: You have 14 days from delivery (goods) or contract (services) to withdraw. For digital content not on a tangible medium, you lose the right once you consent to immediate performance and acknowledge the loss (§10.3).
  • Legal guarantee: You have a legal guarantee of conformity; remedies include repair, replacement, price reduction, or refund according to law. We provide necessary updates (incl. security) for a reasonable period.
  • Jurisdiction: You may bring disputes in your local courts; you retain protections of your local mandatory consumer law.
  • ODR: https://ec.europa.eu/odr.

B) United States consumers

Some states do not allow limits on implied warranties or exclusion/limitation of incidental or consequential damages, so some limitations in §§12–14 may not apply. Rights vary by state.

C) Australia & New Zealand consumers

  • ACL: Nothing in these Terms excludes, restricts, or modifies consumer guarantees under the Australian Consumer Law. Where permitted, our liability is limited to repair/replacement/resupply or payment of the cost of doing so.
  • NZ CGA: Nothing excludes your rights under the Consumer Guarantees Act 1993.

D) Canada consumers

You may have non-excludable rights under provincial consumer protection statutes (e.g., Quebec). Nothing here limits those rights. Where required, you may bring disputes in your provincial courts.