Terms and Conditions of Sale

These terms govern the sale of the paid plans of NakamaCyber, published by Nakama, Sociedade por Quotas, Lda, whose full details are set out in the Legal Notice. They are intended exclusively for business customers: companies, public bodies and self-employed persons acting in the course of their professional activity. Individual developers have a free account and are not covered by these terms. The Free plan is not a sale and remains governed by the Terms of Use alone.

The Pro plan gives a company access to the NakamaCyber service for an unlimited number of developers: assessments, dashboard, admin roles, export and shareable engagement report, as described on the site on the date of subscription. NakamaCyber measures skills; it provides neither training nor certification and attests to no regulatory compliance. The Enterprise plan is subject to a separate contract, which prevails over these terms.

Subscriptions are taken out online from a company account, by a person authorised to bind that company. The customer provides an accurate company name, billing address and, where applicable, intra-Community VAT number, and keeps them up to date. The contract is formed when payment is confirmed; a confirmation is sent by email.

The Pro plan is offered at €480 excl. VAT per year, i.e. €40 per month billed yearly. Prices are exclusive of tax; applicable VAT is added in accordance with the legislation in force and the customer’s situation. The applicable price is the one displayed at the time of subscription or renewal.

Payment is due in a single instalment on subscription, then on each renewal. It is made by payment card through the payment provider Stripe, which alone processes card data; NakamaCyber does not retain it. An invoice is issued for each payment. Should a payment fail, the customer is notified and has fifteen days to settle it; failing that, access to the Pro plan is suspended, then the subscription is terminated and the account reverts to the Free plan.

The subscription is entered into for twelve months from the date of payment. It is renewed by tacit agreement for successive periods of twelve months, at the rate then in force, unless terminated. The customer is informed by email before each renewal date.

The customer may terminate at any time, without giving reasons and without notice, from the billing area of its account. Termination takes effect at the end of the period paid for: access to the Pro plan is maintained until that date, after which the account reverts to the Free plan. NakamaCyber may terminate, after notification, in the event of a serious breach of the Terms of Use, fraudulent use or an unpaid amount that remains unsettled.

Periods already started are not refunded, either in full or on a pro rata basis. The Free plan, which has no time limit, allows the customer to try the service before any subscription.

At the end of the subscription, the account reverts to the Free plan and is again subject to the limit of ten developers. Developers already enrolled keep their access; only new joins beyond the limit are refused. Data is not deleted as a result of termination. The customer may export its data at any time and request the deletion of its account in accordance with the Privacy Policy.

NakamaCyber undertakes to provide the service diligently and to maintain it, without guaranteeing any availability rate for the Pro plan. Interruptions may occur for maintenance, for updates or for an external cause; scheduled interruptions are announced where possible. A quantified availability commitment may be negotiated under the Enterprise plan. Support is provided by email, on business days.

NakamaCyber may change the service over time, without substantially reducing its essential functions during the period paid for. Any change to these terms or to the price is notified by email at least thirty days before it takes effect, and applies only from the following renewal. A customer that refuses the change may terminate before the renewal date; failing that, the change is deemed accepted.

NakamaCyber is bound by a best endeavours obligation. Its total liability, on whatever ground, is limited to the amount actually paid by the customer in respect of the twelve months preceding the event giving rise to liability. It does not cover indirect loss, such as loss of turnover, loss of data or loss of opportunity. Assessment results and reports are indicators: the customer remains solely responsible for its training, recruitment and compliance decisions. Nothing in this clause limits any liability that cannot lawfully be limited.

The customer, as data controller for the data of its developers, warrants that it has a legal basis for inviting them to the service. NakamaCyber processes that data as a processor, on behalf of the customer and on its instructions, on the terms described in the Privacy Policy.

These terms are governed by Portuguese law. In the event of a dispute, the parties shall first seek an amicable solution; failing that, jurisdiction lies with the courts of the publisher’s registered office, in Portugal, subject to any mandatory provisions applicable to the customer.

For any question about these terms or about an invoice: contact@nakamacyber.com.