Terms of Service

1. Definitions

In these terms and conditions, the following terms are used with a capital letter:

• MY AI: My AI B.V., located at Colosseum 65, 7521 PP Enschede
• Client: the natural person or legal entity entering into an agreement with MY AI
• Services: all AI solutions, consultancy, and related services offered by MY AI
• Agreement: any arrangement between MY AI and Client for the provision of Services

2. Applicability

These terms and conditions apply to all offers, quotations, and agreements between MY AI and Client. Deviations are only valid if explicitly agreed upon in writing. Any purchasing or other terms of Client are expressly rejected.

3. Offers and formation

All offers from MY AI are non-binding unless explicitly stated otherwise. An agreement is formed:

• After written confirmation by MY AI of an assignment
• Upon commencement of work by MY AI
• Upon signing of a quotation or agreement by both parties

4. Performance of services

MY AI will perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship. MY AI has the right to have certain work performed by third parties. The applicability of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is expressly excluded.

5. Rates and payment

All prices are exclusive of VAT and other levies, unless otherwise stated. Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing. In case of late payment, Client is automatically in default and MY AI is entitled to charge statutory interest.

6. Intellectual property

All intellectual property rights to materials developed or made available by MY AI, including software, documentation, analyses, and advice, rest exclusively with MY AI or its licensors. Client only acquires the usage rights explicitly granted in the agreement.

7. Confidentiality

Both parties are obliged to maintain confidentiality of all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if communicated by the other party or if this follows from the nature of the information.

8. Liability

MY AI is only liable for damage resulting from intent or gross negligence by MY AI or its management. The liability of MY AI is limited to:

• The amount paid out by the liability insurance in the relevant case
• In the absence of payment by the insurer: the amount of costs charged for that assignment (excluding VAT)

MY AI is not liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.

9. Suspension and termination

MY AI is authorized to suspend the fulfillment of its obligations or to terminate the agreement if Client fails to fulfill its obligations, not fully or not timely, if after the conclusion of the agreement MY AI has become aware of circumstances giving good reason to fear that Client will not fulfill its obligations, or if circumstances arise that make fulfillment of the agreement impossible.

10. Applicable law and disputes

Dutch law applies to all agreements between MY AI and Client. Disputes will be exclusively submitted to the competent court in the district where MY AI is located, unless MY AI chooses to submit the dispute to the legally competent court.