Last updated: 25 July 2026

These are the terms that apply when you use calyraen.com, open a Calyraen account, or buy a Calyraen product or service. Please read them. By using the site you accept them. If you do not accept them, please do not use the site.

We have tried to write them in plain English. Nothing here takes away rights you have under Dutch or European consumer law. If any part of these terms conflicts with those rights, the law wins and that part does not apply to you.

1. Who you are dealing with

Calyraen is a computing company established in the Netherlands. We design and build our own hardware (Forge servers, the Atlas, Vantage and Stratus computers, and embedded and edge machines), we write our own operating system (CalyOS, in the editions CalyOS Desktop, CalyOS Server and CalyOS Edge), we run CalyCloud so you can manage those machines from a browser, and we operate consumer platforms.

The company you contract with when you use this website is:

• Registered name: [registered legal name]
• Legal form: [legal form]
• Registered address: [registered address]
• Postal address for returns and notices: [returns address]
• Chamber of Commerce (Kamer van Koophandel) number: [KvK number]
• VAT number: [BTW-nummer]
• Email: [general contact email address]
• Telephone: [telephone number]
• Telephone opening hours: [opening hours]

Calls to the number above are charged at your normal rate. We do not use premium rate numbers for questions about a contract you have with us, because Dutch consumer law does not allow it.

If a Calyraen service is supplied by a company other than the one named above, the terms for that service will say so and will give that company's own registration details.

2. What these terms cover, and what they do not

These terms cover your general use of this website, your Calyraen account, and any order you place through the site.

Other documents apply alongside them:

• Our Privacy Policy explains what we do with personal data.
• Our Cookie Policy explains cookies and similar technology.
• Our Warranty page explains your legal guarantee and any commercial guarantee we give.
• Our Software Licence Agreement covers CalyOS and other Calyraen software.
• Individual services, including CalyCloud and our consumer platforms, may have their own terms.

If a service has its own terms, those terms apply to that service. These terms cover everything that does not have its own.

These are our general terms and conditions in the sense of Section 6.5.3 of the Dutch Civil Code (Burgerlijk Wetboek, articles 6:231 to 6:247). We make them available before you order in a format you can save and print. If you would like a copy by email or on paper, ask us and we will send one free of charge.

3. Consumers and business customers

Some rights in these terms depend on who you are, so we use two labels.

You are a consumer if you are an individual buying or acting for purposes outside your trade, business, craft or profession. This is the definition used in Dutch law (articles 6:230g and 7:5 of the Civil Code).

You are a business customer if you are anything else. That includes companies, sole traders and freelancers ordering for their work, public bodies, schools, charities and anyone buying for resale.

Consumer rights under Dutch and EU law are mandatory. Article 7:6 of the Civil Code says a seller cannot agree away a consumer's rights on a sale, and articles 6:236 and 6:237 make certain standard terms void or voidable against consumers. So if anything in these terms would leave a consumer worse off than the law allows, that part simply does not apply to consumers. The rest still stands.

If you buy partly for private use and partly for your work, we treat you as a consumer if the business use is minor.

Where a section below is marked for consumers or for business customers, it applies only to that group.

4. Using the site and your account

Age and capacity

You need to be 18 or over to place an order or open an account. If you are under 18 you may use the site with the permission of a parent or guardian, and they take responsibility for anything you do. Under Dutch law (article 1:234 of the Civil Code) a contract made by a minor without permission can be set aside.

Your account

You do not need an account to browse. You will need one to order, to see invoices, to open a support ticket, or to manage machines in CalyCloud.

Give us accurate details and keep them up to date, especially your email address, because we send order confirmations, security notices and legal notices there.

Keep your password to yourself, use a password you do not use anywhere else, and turn on any extra security we offer. Tell us as soon as you can if you think someone else has got into your account. We will help you secure it.

You are responsible for what happens under your account. That does not make you responsible for use you could not reasonably have prevented, for example after you have told us that your account has been misused, or where the problem was on our side.

Acceptable use

Use the site lawfully and do not get in the way of other people using it. In particular, do not:

• break the law, or help anyone else to
• infringe our rights or anyone else's, including copyright, trade marks and privacy
• post or send content that is unlawful, threatening, abusive, defamatory or hateful
• pretend to be someone else, or misrepresent who you are connected with
• try to get into an account, system or dataset you are not meant to reach
• upload malware, or disrupt or overload our systems
• scan or test our security without our written permission
• scrape or harvest data from the site by automated means, except for ordinary search engine indexing
• use the site to send spam or to commit fraud

If we believe you have broken these rules we may remove content, limit what you can do, or suspend your account. Section 17 explains how that works and what happens next. Serious cases may be reported to the police or a regulator.

If you find a security problem, please tell us rather than exploit it. Report it through support and we will look at it.

5. Ordering

Nothing can be bought yet

Our catalogue is not open. Products on this site are shown for information and are marked out of stock, and no orders can be placed at the moment.

This section, and sections 6 to 8, describe how buying will work. They apply in full from the moment you can place an order, and to any order you have already placed with us.

The information we give you before you order

Before you commit to buy, we will show you the main features of the product, the full price including taxes, delivery costs, how and when we deliver, how you can pay, how long any commitment lasts and how it ends, and, for consumers, the right of withdrawal and how to use it. This is what Dutch law requires of us under article 6:230m of the Civil Code, which implements the Consumer Rights Directive (2011/83/EU).

The button that completes an order will say clearly that it creates an obligation to pay, as article 6:230v requires.

Before you submit an order you will see a summary of what you are buying and be able to go back and correct anything you have typed wrongly. We confirm by email that we have received your order. These are the rules on contracts made electronically in articles 6:227b and 6:227c of the Civil Code.

We will not add anything to your order that you have not actively chosen. We do not use pre-ticked boxes, and you never owe us a payment on top of the agreed price unless you expressly agreed to it.

How a contract is made

Placing an order is an offer to buy at the price shown. A contract exists when we accept your order, which we do by sending an order confirmation that says we accept it. An email that only confirms we received your order is not acceptance.

After we accept, we send you a confirmation on a durable medium (normally email) that includes these terms, so you can keep it.

We can refuse an order. Reasons include the item being out of stock, a clear pricing or description error, a payment that does not go through, an address we cannot ship to, an export restriction, or a reasonable suspicion of fraud. If we refuse an order you have already paid for, we refund you in full, without delay.

Prices, tax and payment

Prices shown to consumers include Dutch VAT (BTW) and any other unavoidable charges. Delivery costs are shown separately before you commit.

Prices shown to business customers may be shown excluding VAT. Where they are, we say so. If you give us a valid VAT number in another EU member state we may apply the reverse charge, and you are then responsible for accounting for VAT in your own country.

If we ship outside the European Union, import duty and local tax may be due on arrival and are yours to pay unless we say otherwise at checkout.

You can pay using the methods shown at checkout. Payments are handled by payment providers, and their terms apply to the payment itself. We do not store full card numbers.

If a payment fails or is reversed after we have shipped, you still owe us the money. For business customers, overdue invoices carry the statutory commercial interest under article 6:119a of the Civil Code and reasonable collection costs. For consumers, we follow the statutory rules on default interest and collection costs, which means we send a reminder giving you at least 14 days to pay without extra cost before any collection fee applies (article 6:96 of the Civil Code).

Mistakes in a price or a description

We check prices and product pages carefully, but mistakes happen. If a price or specification is obviously wrong and you could reasonably have seen that it was wrong, we are not bound by it. We will contact you before charging you or shipping, and you can confirm the order at the correct price or cancel it and get a full refund.

6. Delivery and risk

Consumers

We deliver without undue delay and in any case within 30 days of the contract, unless we agree a different date with you. This is article 7:9 of the Civil Code.

If we miss that deadline, tell us and give us a further reasonable period. If we still do not deliver, you can cancel and we refund everything you paid without delay. If the delivery date was essential (for example you told us before ordering that it had to arrive before a fixed date) you can cancel straight away.

Risk passes to you when you, or someone you have named other than the carrier, actually receives the goods. If a parcel is lost or damaged in transit, that is our problem, not yours. This is article 7:11 of the Civil Code. It works differently only if you arrange your own carrier that we did not offer you, in which case risk passes when we hand the goods over.

Delivery estimates are estimates. We will tell you if something changes.

Business customers

Delivery dates given to business customers are indicative unless we agree in writing that a date is binding. Late delivery does not by itself entitle you to cancel or to compensation, unless we agreed a binding date and failed to meet it after a written reminder giving reasonable extra time.

Unless the order says otherwise, risk passes to you when the goods are handed to the carrier. Ownership stays with us until you have paid in full, and until then you may not sell, pledge or encumber the goods (retention of title under article 3:92 of the Civil Code).

Where we agree Incoterms, the agreed Incoterm decides delivery and risk.

7. The 14 day right of withdrawal

For consumers

If you are a consumer buying at a distance, you can change your mind within 14 days and cancel, without giving a reason and without a penalty. This right comes from articles 6:230o to 6:230t of the Civil Code, which implement the Consumer Rights Directive (2011/83/EU).

How long you have. The 14 days run:

• for goods, from the day after you, or someone you named, receive them
• if one order arrives in several parcels, from the day after the last item arrives
• for a subscription with regular deliveries, from the day after the first delivery
• for services and for digital content not supplied on a physical medium, from the day after the contract is made

How to tell us. Send us a clear statement that you are withdrawing, before the 14 days are up. You can use the model form at the end of this page, or just write to us in your own words by email at [general contact email address], by post at [returns address], or through a support ticket. A phone call also counts, but please follow it up in writing so we both have a record. We will confirm we received it without delay.

Sending the goods back. Send the goods back within 14 days of telling us you are withdrawing. Sending them within that window is enough, they do not have to arrive within it. Please include the order number so we can match them up.

Who pays for the return. You pay the direct cost of sending the goods back, unless we tell you otherwise at checkout or in the confirmation, or unless the goods are faulty or not what you ordered, in which case we pay. If we have not told you before you order that you pay for returns, then we pay (article 6:230s). For items that cannot normally go back by post, such as a rack server, we estimate the return cost at [estimated return cost for oversized items] and we will confirm the exact figure before you commit.

Getting your money back. We refund everything you paid, including the standard delivery cost you paid to get the goods to you, within 14 days of receiving your withdrawal notice. If you chose a more expensive delivery option than our standard one, we refund the standard cost, not the difference. We refund using the same payment method you used, and we do not charge a fee for it. We may hold the refund until we have received the goods back, or until you show us you have sent them, whichever is earlier. This is article 6:230r.

Handling the goods. You may unpack and try the goods as you would in a shop. If you go further than that and the goods lose value as a result, we may deduct the loss in value from your refund. We will explain any deduction.

Services you asked us to start early. If you asked us to start a service within the 14 days and then withdraw, you pay a fair share of what we did up to the point you told us, in proportion to the whole contract. You owe nothing for a service we had not started.

When there is no right of withdrawal. Article 6:230p lists the exceptions. The ones most likely to matter here are:

• goods made to your specification or clearly personalised, for example a build to order machine configured for you
• sealed software or sealed media, once you have broken the seal
• digital content that is not on a physical medium, where you asked us to start straight away, agreed that you lose the right of withdrawal by doing so, and we confirmed that to you
• a service that has been fully performed, where you asked us to start within the 14 days and accepted that you lose the right once it is done
• sealed goods that cannot be returned for health or hygiene reasons, once unsealed

We will tell you clearly, before you order, if one of these applies.

If we fail to tell you about this right. If we do not inform you properly about the right of withdrawal, the 14 days extend by up to 12 months. If we then tell you within that year, you get 14 days from the day we told you.

For business customers

There is no statutory right of withdrawal for business customers. The 14 day right above is a consumer right and does not apply to you.

If we offer business customers a goodwill return window, it will be stated on the order or in our written agreement with you. It is a commercial arrangement, not a legal right, and we can set conditions such as unopened packaging, a restocking fee or a time limit.

8. If something is wrong with what we sold you

The legal guarantee, for consumers

What you buy has to match what we said it was, work as that kind of product is expected to work, come with the accessories and instructions you would expect, and keep working for a reasonable time. Where a product has digital elements, that includes the updates needed to keep it in conformity. This is the legal guarantee of conformity in articles 7:17 and 7:18 of the Civil Code, which implement the Sale of Goods Directive (EU) 2019/771.

This is a right, not a favour, and it lasts at least two years. Directive (EU) 2019/771 sets a floor of two years from delivery. Dutch law can go further: it does not cut off at two years, but asks what you could reasonably expect from that product, so a machine expected to last much longer than two years is covered for longer. Nothing we write, and no commercial guarantee we sell or give away, can shorten this.

Who has to prove what. If a fault appears in the first year after delivery, the law assumes it was already there when the product was delivered, and it is on us to show otherwise (article 7:18 paragraph 2). After the first year we may ask you to show that the fault was there at delivery.

What you can ask for. First, a free repair or a free replacement, whichever you prefer, unless the one you choose is impossible or costs us disproportionately more than the other. Free means free, including postage, labour and parts. If we do not fix it within a reasonable time, or without significant inconvenience to you, or if we refuse, you can ask for a price reduction or cancel the sale and get your money back. If the fault is minor you cannot cancel, but the other remedies still apply. This is articles 7:21 and 7:22.

Reporting a fault. Tell us within a reasonable time after you notice it. For consumers, telling us within two months of noticing is always in time (article 7:23). Open a support ticket with your order number, the serial number and a description, and we will take it from there. Please do not send hardware back before we ask you to, so we can log it properly.

No cost to you. We do not charge a consumer for handling a valid conformity claim, and we do not require you to have registered the product or kept the box.

Commercial guarantees sit on top, never instead

Where a Calyraen product page or guarantee statement offers a longer system guarantee, for example a five year guarantee, that is a commercial guarantee: an extra promise we choose to make, on top of your legal rights.

Three things follow from that, and they are how we resolve any apparent difference between pages on this site:

1. The legal guarantee described above is the floor. It applies to every consumer sale regardless of what any commercial guarantee says, and a commercial guarantee can never replace, shorten or complicate it.
2. The exact length and cover of a commercial guarantee is confirmed per product, in the guarantee statement supplied with that product and on the product page at the time you order. That is the document that binds us for that machine.
3. If a commercial guarantee we advertise is more generous than the guarantee statement we later hand you, the advertised version applies. This follows article 7:6a of the Civil Code and article 17 of Directive (EU) 2019/771.

If you ever have to choose between the legal guarantee and a commercial guarantee, take whichever gives you more. You do not lose one by using the other.

Business customers

The legal conformity rules in article 7:17 also apply to business sales, but they are not mandatory, so what we agree with you can differ. Unless our written agreement with you says otherwise:

• inspect goods on delivery and report visible damage or shortages within five working days
• report other defects within a reasonable time after you discover them, and in any event promptly, as article 6:89 requires
• our obligation is to repair or replace defective goods, or to credit the price, at our choice
• any commercial guarantee for business customers is set out in the order or the guarantee statement supplied with the product

9. Software, updates and digital content

CalyOS ships on Calyraen hardware. It is licensed, not sold, and it is not sold separately from our machines. The Software Licence Agreement sets out what the licence allows and what it does not, and it includes the open source components we build on and where to get their licences.

If you are a consumer, the Digital Content Directive (EU) 2019/770, implemented in Dutch law in Book 7 of the Civil Code, gives you conformity rights for digital content and digital services much like the ones for goods. That includes the right to updates needed to keep the software in conformity for as long as you can reasonably expect, and remedies if it does not work as it should.

We will tell you before we make a change to digital content or a digital service that goes beyond keeping it in conformity, and if such a change harms your access or use in more than a minor way, you may end the contract for that content free of charge, unless we give you a way to keep the unchanged version.

10. Subscriptions and ongoing services

Where you subscribe to a service such as CalyCloud, we will tell you before you sign up what it costs, how long the first term lasts, how it renews and how to stop it.

Consumers. Under the Dutch rules commonly known as the Wet van Dam, reflected in article 6:236 of the Civil Code, a subscription that renews after its first term becomes a contract for an indefinite period that you can end at any time with no more than one month's notice. We will not lock a consumer into an automatic new fixed term. You can cancel through your account or by writing to us, using the same ease with which you signed up.

Business customers. Subscription terms, renewal and notice periods for business customers are those set out in the order or our written agreement with you.

Price changes for ongoing services are covered in section 18.

11. Complaints

If something has gone wrong, tell us. We would much rather fix it than have you take it elsewhere.

Send a complaint through support, by email at [general contact email address], or by post at [registered address]. Please include your order number if you have one, what happened, and what you would like us to do.

What we do with it:

• we confirm we have received your complaint within five working days
• we give you a substantive answer within 14 days
• if we need longer, for example because we have to get a machine back and inspect it, we tell you within those 14 days why, and when you can expect an answer
• we keep the complaint on one thread so you do not have to repeat yourself

Complaining does not affect any of your legal rights, and it does not pause any legal deadline that applies to you. If you are close to a deadline, say so and we will prioritise it.

12. If we cannot sort it out between us

Talk to us first

Most problems are quicker to solve directly. Please use the complaints route above before anything else.

Alternative dispute resolution

Alternative dispute resolution (ADR) is a way to settle a consumer dispute without going to court, under Directive 2013/11/EU and the Dutch implementing act. In the Netherlands, certified bodies include the dispute committees run by the Stichting Geschillencommissies voor Consumentenzaken.

We are not affiliated to a certified dispute committee at present, and we will not claim membership we do not have. If we join one, we will name it here: [ADR body, once appointed]. You can still ask us to agree to ADR case by case, and we will consider it seriously.

The EU ODR platform

The European Commission used to run an online dispute resolution (ODR) platform under Regulation (EU) No 524/2013. That regulation was repealed by Regulation (EU) 2024/3228. The platform stopped accepting new complaints on 20 March 2025 and closed on 20 July 2025.

There is therefore no ODR link on this page, because there is no longer a platform to link to. Any website still pointing you to it is out of date. Use one of the routes below instead.

The European Consumer Centre

If you live in another EU country, in Norway or in Iceland, and you have a dispute with us, the European Consumer Centre network can help you free of charge. In the Netherlands this is ECC Netherlands, part of the ECC-Net.

The ACM and ConsuWijzer

If you think we have broken Dutch consumer law, you can report it to the Autoriteit Consument en Markt (ACM), the Dutch consumer and markets authority, through its consumer information desk ConsuWijzer. The ACM enforces consumer law, so it does not award you compensation, but reports do get acted on.

Courts

Section 13 explains which courts can hear a dispute.

13. Governing law and competent court

Governing law. Dutch law applies to these terms and to any contract made under them. The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) does not apply.

For consumers. Choosing Dutch law never takes away the protection you get from the mandatory consumer law of the country where you live. That is article 6 of the Rome I Regulation (EC) No 593/2008.

On courts, the Brussels I bis Regulation (EU) No 1215/2012 applies. You can bring a claim against us either in the Dutch courts or in the courts of the country where you live. We can only bring a claim against you in the courts of the country where you live. Nothing in these terms changes that.

For business customers. Any dispute goes to the competent court in [court district], the Netherlands, on an exclusive basis. Either of us may still ask any competent court for urgent interim relief.

14. Our liability

Consumers

We are liable to you as Dutch law provides. We do not limit or exclude:

• liability for death or personal injury caused by our fault
• liability for damage caused intentionally or through conscious recklessness
• your rights under the legal guarantee of conformity in section 8
• your right of withdrawal in section 7
• liability under the Dutch product liability rules
• anything else the law does not let us limit

Beyond that, we are liable for damage that is a foreseeable result of us breaking these terms. We are not liable for loss that was not foreseeable, or that arises from your own failure to follow reasonable instructions we gave you, such as keeping backups of your data.

We do not apply any monetary cap on our liability to consumers that would leave you worse off than the law provides.

Business customers

To the extent Dutch law allows:

• our total liability for any claim or series of related claims is limited to the amount you paid us under the relevant contract in the 12 months before the event that caused the claim
• we are not liable for indirect or consequential loss, including lost profit, lost revenue, lost or corrupted data, lost goodwill, business interruption, or the cost of substitute services
• you must notify us of a claim within 12 months of discovering the loss

These limits do not apply to damage caused intentionally or through conscious recklessness by our management, or to anything else the law does not let us limit.

Both

We are not liable for a failure caused by something outside our reasonable control, such as a natural event, war, a general internet or power failure, an act of a public authority, or a component shortage we could not have avoided. If such an event lasts more than 60 days, either of us may end the affected contract, and we refund anything you paid for what we did not deliver.

Nothing in this section affects the free repair or replacement you are entitled to under section 8.

15. Your responsibility to us

Business customers. If a third party brings a claim against us because of the way you used our services, because you broke these terms, or because you infringed someone's rights, you will cover our reasonable losses and legal costs. We will tell you promptly about any such claim, let you take part in the defence, and not settle it without your agreement, which you will not withhold unreasonably.

Consumers. This section does not apply to you. Your responsibility to us is limited to what the general rules of Dutch law provide.

16. Intellectual property

The site, its text, layout, images, code, our software including CalyOS, and our product designs belong to Calyraen or to the people who licensed them to us. The name Calyraen, our product names and our logos are our trade marks. Do not use them without our written permission.

You may use the site and its content for your own personal or internal business purposes. You may not copy, republish, sell, rent, modify, decompile or reverse engineer any part of it, except where the law expressly allows it, for example the rules on interoperability and on making a back up copy in the Dutch Copyright Act (Auteurswet) and the Software Directive (2009/24/EC).

Software is licensed, not sold. The Software Licence Agreement governs it, including open source components, which keep their own licences.

If you send us feedback or an idea about our products, we may use it without owing you anything. We are not asking you to send confidential information, so please do not.

17. Suspension and ending your access

You can stop using the site at any time, and you can ask us to close your account through support. Closing an account does not cancel an order already placed, or wipe out money either of us already owes.

We may suspend or end your access if you seriously break these terms, if we have to for legal or security reasons, or if we stop offering a service. Unless the law or an urgent security need prevents it, we will:

• tell you what the problem is
• give you a chance to put it right where that is possible
• give you reasonable notice before we withdraw a service you pay for, and refund the unused part

If we end your access to a paid service without good reason, you get your money back for what you did not receive.

Sections that are meant to survive, including intellectual property, liability, governing law and disputes, carry on after your access ends.

18. Changes to these terms and to prices

We may change these terms, for example when the law changes, when we add a service, or when we fix something that is unclear.

For a new order, the version of the terms on this page when you order is the version that applies to that order. Changing the page later does not change the deal we already made with you.

For an ongoing service, we tell you about a material change at least 30 days before it takes effect, by email or in the service. If you are a consumer and the change puts you at a disadvantage, you can end that service before the change takes effect at no cost, and we refund anything you have paid for the period after it ends.

Prices for ongoing services can change on the same 30 day notice, with the same right for consumers to leave. A price change never applies to an order we have already accepted.

We update the "Last updated" date at the top of the page whenever we change these terms.

19. General

Whole agreement. These terms, the documents they refer to, and your order confirmation, are the whole agreement between us about what you have bought. For business customers, your own purchase terms do not apply, even if we do not object to them.

Severability. If a court finds one part unenforceable, the rest stays in force, and the unenforceable part is read as close to its intent as the law allows.

No waiver. If we do not enforce a right straight away, we have not given it up.

Transfer. You cannot transfer your rights or obligations under these terms without our written consent. We can transfer ours as part of a reorganisation or a sale of the business, and if that would put a consumer at a disadvantage, that consumer may end the contract instead.

Language. These terms are written in English, and English is the language of the contract. If we publish a translation and it conflicts with this version, this version applies, except where the law of the country where a consumer lives requires otherwise.

Notices. We write to you at the email address on your account. You can write to us at [general contact email address] or at [registered address].

Keeping a copy. We do not file your contract separately in a way you can look up later, so please save your order confirmation and this page. Ask us and we will send you a copy.

20. How to contact us

• Support and complaints: support
• Email: [general contact email address]
• Telephone: [telephone number], [opening hours]
• Post: [registered address]
• Returns: [returns address]
• Privacy questions: [privacy contact address], and see the Privacy Policy

Annex: model withdrawal form

Consumers can use this form to cancel within 14 days. You do not have to use it, any clear statement will do. Complete it and send it back to us.

To: [registered legal name], [returns address], [general contact email address]

I hereby give notice that I withdraw from my contract of sale of the following goods / for the supply of the following service:

• Ordered on / received on: ______________________
• Order number: ______________________
• Name of consumer: ______________________
• Address of consumer: ______________________
• Signature of consumer (only if this form is sent on paper): ______________________
• Date: ______________________