Terms of Service – ATNOVIX

These Terms of Service (“Terms”) apply to all offers, quotations, agreements, services, and deliveries by ATNOVIX (“ATNOVIX”, “we”, “us”) to its clients (“Client”, “you”).

By engaging ATNOVIX or using our services, the Client confirms acceptance of these Terms and the ATNOVIX Privacy Policy.

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1. Scope of Services

ATNOVIX provides engineering and technology services, including but not limited to:

• electronics and embedded systems design

• PCB design, validation, and revision

• enclosure and mechanical design

• prototyping, testing, and small-scale production

• research & development (R&D)

• technical consultancy and advisory services

Unless explicitly agreed in writing, services are provided as an obligation of effort (inspanningsverplichting), not as a guaranteed result.

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2. Offers and Formation of Agreement

• All offers are non-binding unless stated otherwise in writing.

• An agreement is concluded when ATNOVIX confirms the assignment in writing or commences execution.

• Verbal agreements or deviations are only binding if confirmed in writing.

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3. Client Responsibilities and Information Duty

The Client is responsible for:

• providing complete, accurate, and timely specifications and requirements

• informing ATNOVIX of all relevant constraints, intended use, environments, risks, and applicable regulations

• ensuring that third-party components, data, and materials supplied by the Client are suitable and lawful

ATNOVIX is not liable for consequences arising from incorrect, incomplete, or late information.

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4. Changes to the Assignment

Changes to scope, requirements, or specifications:

• must be agreed in writing

• may affect pricing, delivery time, and technical outcomes

• entitle ATNOVIX to compensation for already performed work and incurred costs

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5. Use of Third Parties

ATNOVIX may engage subcontractors or suppliers where necessary.

ATNOVIX is not responsible for:

• defects or delays caused by third-party products or services

• limitations or failures of components prescribed by the Client

Third-party terms may apply.

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6. Intellectual Property

• All intellectual property rights related to designs, documentation, software, schematics, calculations, models, prototypes, and tooling remain with ATNOVIX unless agreed otherwise in writing.

• The Client receives a limited, non-exclusive, non-transferable right of use for the agreed purpose only.

• Reverse engineering, duplication, or reuse beyond the agreed scope is prohibited.

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7. Confidentiality

Both parties shall treat confidential information strictly confidential and use it solely for execution of the agreement.

Confidentiality obligations survive termination of the agreement.

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8. Prototypes, Testing, and Experimental Nature

• Prototypes and pre-production units are experimental.

• Minor or major deviations, failures, or unforeseen behavior may occur.

• Tests performed by ATNOVIX are limited to the agreed scope and do not replace full system validation by the Client.

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9. Delivery Times

• Delivery times are indicative and never considered strict deadlines unless explicitly agreed.

• Delays caused by supply chain issues, component shortages, force majeure, or third parties do not constitute default.

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10. CE Marking, Compliance & Regulatory Responsibility

10.1 Responsibility for Compliance

Unless explicitly agreed otherwise in writing, ATNOVIX does not act as:

• manufacturer

• legal manufacturer

• authorised representative

• conformity assessment body

The Client remains fully responsible for:

• CE marking

• conformity assessment

• technical documentation

• declarations of conformity

• compliance with applicable directives and regulations (including but not limited to EMC, LVD, RED, Machinery Directive, RoHS, REACH)

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10.2 Design Support Only

Any assistance provided by ATNOVIX regarding standards, directives, testing, or compliance:

• is advisory only

• does not constitute certification or approval

• does not shift legal responsibility

Final compliance decisions rest solely with the Client.

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10.3 Intended Use and Misuse

ATNOVIX designs are based on the intended use as communicated by the Client.

ATNOVIX is not responsible for:

• misuse

• unintended application

• use outside specified environments

• integration into larger systems without adequate safeguards

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11. Safety, System Integration, and Risk Mitigation

• ATNOVIX designs components, subsystems, or partial solutions.

• The Client is responsible for system-level safety, including:

  • redundancy

  • monitoring

  • fail-safe behavior

  • alarms and protective mechanisms

ATNOVIX is not liable for damages caused by insufficient system-level risk mitigation.

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12. Warranty Disclaimer

Unless explicitly agreed otherwise in writing:

• all services and deliverables are provided “as is”

• no warranty is given for fitness for a particular purpose

• no warranty is given for regulatory approval or market acceptance

• no warranty applies to prototypes, experimental designs, or third-party components

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13. Mark-up

14. Limitation of Liability

To the maximum extent permitted by law:

• ATNOVIX is not liable for indirect or consequential damages, including:

  • loss of profit

  • production downtime

  • loss of data

  • third-party claims

• ATNOVIX’s total liability is limited to the invoice value of the relevant agreement, excluding VAT.

• Liability for damages caused by incorrect use, improper integration, or deviation from instructions is excluded.

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15. Indemnification

The Client shall indemnify and hold ATNOVIX harmless against all third-party claims arising from:

• use or application of the deliverables

• integration into products or systems

• regulatory non-compliance

• CE marking or certification activities

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16. Force Majeure

ATNOVIX shall not be liable for delays or failure caused by circumstances beyond reasonable control, including:

• component shortages

• logistics disruptions

• power or network failures

• government measures

• pandemics

If force majeure persists, either party may terminate the agreement without liability.

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17. Suspension and Termination

ATNOVIX may suspend or terminate services immediately if:

• payment obligations are not met

• the Client breaches these Terms

• continuation poses legal, safety, or reputational risks

Work already performed remains payable.

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18. Retention of Materials and Right of Suspension

ATNOVIX may retain deliverables, documentation, or prototypes until all payment obligations are fulfilled.

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19. Governing Law and Jurisdiction

All agreements are governed exclusively by Dutch law.
Disputes shall be submitted to the competent court in The Netherlands.

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20. Contact

ATNOVIX
Strandweg 7A
1976 BS IJmuiden
The Netherlands
info@atnovix.com