Terms of Service: CinderMonkey B.V., trading as Mentale Werkkracht
Last updated: Aug 13, 2026
Effective date: January 1, 2024
Throughout these Terms, "Mentale Werkkracht", "we", "us", and "our" refer to CinderMonkey B.V., trading under the brand name Mentale Werkkracht. CinderMonkey B.V. is in the process of establishing Mentale Werkkracht as a separate legal entity; these Terms will be updated with the new KvK number and VAT number once that registration is complete.
CinderMonkey B.V. (trading as "Mentale Werkkracht") is a Netherlands-registered company under KvK number 42082087, with its registered office at Wilgenweg 18B, 1031 HV Amsterdam. VAT/BTW number: NL003910187B87
Who these Terms are with
These Terms of Service are entered into by CinderMonkey B.V., trading as "Mentale Werkkracht", registered with the Dutch Chamber of Commerce (KvK) under number 42082087, VAT/BTW number NL003910187B87, registered office Wilgenweg 18B, 1031 HV Amsterdam, the Netherlands ("Mentale Werkkracht"), and the organisation engaging our services ("Client"). Contact: getstarted@mentalewerkkracht.com
Scope, business clients only
These Terms apply exclusively to organisations and individuals acting in the course of a business, trade, or profession. Mentale Werkkracht does not offer its assessment, programme, or speaking services to consumers acting in a private capacity. If you are entering into these Terms on behalf of an organisation, you confirm you have the authority to do so.
Our services
Mentale Werkkracht provides an approximately 8-week, science-based workplace mental health programme for organisations, comprising an initial intake and organisational assessment ("nulmeting"), a tailored programme addressing six pillars — breath, movement, nutrition, sleep, nature, and connection — delivered on-site and on the work floor, and a follow-up pulse measurement. We also provide keynote and lecture engagements. The specific scope, deliverables, timeline, and fees for each engagement are set out in a separate proposal or agreement, which forms part of the contract between the parties alongside these Terms.
Providing these Terms
A copy of these Terms is provided together with every proposal or offer we send, and is available at any time at mentalewerkkracht.com/tos and as a downloadable PDF on request. By accepting a proposal, engaging our services, or making payment, the Client agrees to be bound by the version of these Terms in force at that time.
International data transfers
Where personal data is transferred outside the European Economic Area (to Google and Notion, both US-based), we rely on the EU-US Data Privacy Framework for providers certified under it, or the European Commission's Standard Contractual Clauses where a provider is not DPF-certified.
Account & registration
Where an account is required to access our platforms or tools, the Client must be at least 18 years old, provide accurate information, and is responsible for activity under that account. The Client must have authority to represent the organisation on whose behalf it is registering.
Payment
Invoices are due within 14 days of the invoice date, unless otherwise agreed in writing.
Late payments accrue interest at the Dutch statutory commercial interest rate.
If an invoice is passed to collections, the Client is liable for reasonable extrajudicial collection costs in addition to the outstanding amount and interest.
The Client is responsible for any applicable taxes, other than taxes on Mentale Werkkracht's income.
Use of our services
We grant the Client a limited, non-exclusive, non-transferable licence to use our materials, tools, and programme content for the Client's own internal purposes. The Client may not resell access, reverse-engineer our methodology, or use data or outputs from our services for external benchmarking without our written authorisation.
Data protection and AI
The Client retains ownership of the personal data it submits to us or that we collect through our services on its behalf. We process that data in accordance with our Privacy Policy (mentalewerkkracht.com/privacy-policy) and, where we act as a processor on the Client's behalf, in accordance with a separate data processing agreement where applicable. Mentale Werkkracht does not process, input, or upload any traceable client data — including personal information, case information, or programme information — into any AI system, including generative AI or large-language-model tools, for the purpose of delivering the Services. All analysis, facilitation, and reporting is carried out by our human team.
If Mentale Werkkracht introduces an AI-driven chatbot, virtual assistant, or publishes AI-generated content in connection with the Services, we will clearly disclose this in accordance with Article 50 of the EU AI Act before doing so.
Personal data is protected using industry-standard technical and organisational measures, and is disclosed only as described in our Privacy Policy or as required by law.
Intellectual property
The methodologies, frameworks, and proprietary materials used in our programme, including the six-pillar approach and related tools developed for Mentale Werkkracht's services, are owned by Headwater Ventures B.V., CinderMonkey B.V.'s parent company, and are licensed to CinderMonkey B.V. for use in delivering the Services under the Mentale Werkkracht brand. Except as expressly licensed to the Client under these Terms or the applicable proposal, all such intellectual property rights remain reserved to Headwater Ventures B.V. and/or CinderMonkey B.V., as applicable. The Client grants Mentale Werkkracht a licence to use the Client's name and branding solely to deliver the Services and, unless the Client objects in writing, to reference the engagement as a case study or reference (including as a partner logo, consistent with current practice on our website).
Liability
Our services are provided with reasonable skill and care, but without any warranty of fitness for a particular purpose beyond what is expressly agreed in a proposal.
Except as set out below, Mentale Werkkracht's total liability arising from or in connection with an engagement is capped at the fees paid by the Client for that engagement in the 12 months preceding the event giving rise to the claim. Mentale Werkkracht is not liable for indirect, consequential, or lost-profit damages.
Nothing in these Terms excludes or limits liability for intent (opzet) or gross negligence (bewuste roekeloosheid) on the part of Mentale Werkkracht, for death or personal injury, or for any other liability that cannot lawfully be excluded or limited under Dutch law.
Termination
Either party may terminate an engagement in accordance with the terms set out in the applicable proposal. The Client remains liable for fees for work performed, and expenses reasonably incurred, up to the date of termination.
Governing law and disputes
These Terms are governed by the law of the Netherlands. Disputes will be submitted to binding arbitration in Amsterdam under the rules of the Netherlands Arbitration Institute (NAI), unless the parties agree in writing to resolve a specific dispute before the competent court in Amsterdam instead
Changes to these Terms
We may update these Terms from time to time. The version in force at the time a proposal is accepted governs that engagement; changes do not apply retroactively to active engagements unless both parties agree. In particular, these Terms will be updated once Mentale Werkkracht becomes a separate legal entity with its own KvK and VAT registration.