BelBuddy Terms and Conditions

Wenneker Ventures, trading as BelBuddy · The Hague, the Netherlands · Chamber of Commerce (KvK) 42173073 · VAT NL005560334B46 · [email protected]

Article 1 — Definitions

1. BelBuddy: Wenneker Ventures, based in The Hague, registered with the Dutch Chamber of Commerce under number 42173073, which provides the Service under the name BelBuddy.
2. Customer: the business or organisation that enters into an Agreement with BelBuddy. BelBuddy only supplies businesses and organisations, not consumers.
3. Service: BelBuddy's digital phone assistant, including answering calls on the BelBuddy number, giving information, booking, moving and cancelling appointments, taking messages, the app (app.belbuddy.eu), notifications, integrations and the open API.
4. BelBuddy number: the phone number BelBuddy makes available to the Customer, to which the Customer can forward its own number.
5. Caller: anyone who calls the Customer's (forwarded) number and is answered by the Service.
6. Agreement: the agreement between BelBuddy and the Customer for the Service, of which these terms and the Data Processing Agreement form part.
7. Bundle: the number of call minutes per one-month billing period included in the chosen plan.
8. Data Processing Agreement: the terms on which BelBuddy processes personal data on behalf of the Customer (annex to these terms).

Article 2 — Applicability

1. These terms apply to every offer by BelBuddy and every Agreement.
2. The Customer's own terms and conditions do not apply unless BelBuddy has accepted them in writing.
3. If a provision is void or annulled, the other provisions remain in force. The parties will then replace it with a valid provision that comes as close as possible to its intent.

Article 3 — Sign-up and trial

1. The Agreement is concluded when the Customer signs up via the website or the app and confirms its email address, or when BelBuddy confirms a request in writing.
2. A new Customer may try the Service free of charge: 14 days from sign-up, with up to 100 call minutes, whichever comes first (trial). Each business can use the trial once.
3. If the Customer chooses a plan during the trial, the paid period starts when the trial ends. If the Customer does not choose a plan, the Service stops answering after the trial (callers hear that nobody is available). If the Customer still has not chosen a plan within 30 days after that, the Agreement ends.
4. The person signing up declares that they are authorised to enter into the Agreement on behalf of the Customer, and that the Customer acts in the course of a trade or business and is registered with the Chamber of Commerce (or a comparable register).

Article 4 — The Service

1. BelBuddy answers calls on the BelBuddy number and handles them based on the information and settings the Customer enters in the app (such as opening hours, services, prices and information about the business).
2. The Service uses speech technology and language models (artificial intelligence). At the start of every call the Service says that the caller is speaking with an AI assistant; this cannot be switched off. The Service is set up to use only the Customer's information, but it may mishear a caller, answer a question incompletely or incorrectly, or make a mistake in a note or appointment. The Customer remains responsible for checking appointments and messages that matter.
3. The Customer is responsible for the accuracy and completeness of the information it enters in the app.
4. The Customer is responsible for forwarding its own number to the BelBuddy number and for any charges its own phone provider makes for that.
5. Integrations with calendars, ticketing systems and other software of the Customer or third parties work through the integration options those parties offer. BelBuddy is not responsible for outages or changes at those third parties.
6. Features shown on the website as "coming soon" or "on request" are not part of the Agreement until BelBuddy makes them available or has confirmed them in writing.
7. The Service is not an emergency line and does not replace human triage. In case of danger to life or an acute medical situation, the Service refers the caller to 112 or the out-of-hours GP service. The Service gives no medical, legal or financial advice. The Customer does not use the Service to assess the urgency of care (triage) or for calls that require this.

Article 5 — BelBuddy number

1. The BelBuddy number remains BelBuddy's and is made available to the Customer for as long as the Agreement runs. The Customer cannot port the BelBuddy number to another provider.
2. The Customer's own number remains the Customer's; the Service does not change it.
3. The Customer switches off its call forwarding before the Agreement ends. After the end, BelBuddy only assigns the BelBuddy number to another customer once no calls have come in on it for at least 30 days. If calls still come in, BelBuddy lets the Customer know.

Article 6 — Use

1. The Customer uses the Service only for its own business and in accordance with the law.
2. The Service may not be used for unsolicited commercial communication, to mislead callers, or for calls that are unlawful or contrary to public decency.
3. The Customer informs callers about the processing of their data, for example in its own privacy statement. In the app, the Customer can switch on that the Service tells callers that a record of the call is being made; if that message is off, the Customer is responsible for informing callers in another way. The message that the caller is speaking with an AI assistant always stays on.
4. The Customer keeps login details, API keys and integration secrets confidential and is responsible for what happens with its account.
5. BelBuddy may suspend the Service (in part) if the Customer breaches these terms or in case of misuse, after a warning or, where the situation requires, immediately.
6. To prevent misuse and unexpected costs, the Service may decline or briefly handle calls, for example when one caller calls very often in a short time, and may apply a maximum duration per call. In case of unusually high usage, BelBuddy contacts the Customer.
7. The Customer indemnifies BelBuddy against claims by callers and other third parties resulting from the information or settings the Customer entered in the app, or from not (properly) informing callers.

Article 7 — Prices and payment

1. Prices are shown on the website and in the app and exclude VAT.
2. The monthly fee is invoiced in advance per one-month billing period; the first billing period starts on the day the subscription starts. Call minutes above the Bundle are charged afterwards, on the invoice for the next period. For each call, every started minute counts as a full minute. Unused minutes expire at the end of the period.
3. The first payment is made with iDEAL or card through our payment provider (Stripe); after that each period is collected automatically by SEPA direct debit or card. The invoice with VAT is sent by email.
4. If a payment fails, the payment provider retries and the Customer is notified. If payment has still not been made after 7 days, or if a payment is reversed or disputed, BelBuddy may suspend the Service until payment is made. Statutory commercial interest and reasonable collection costs are payable by the Customer.
5. BelBuddy may change its prices, for example when supplier costs rise. The Customer will be informed by email at least 30 days in advance. If the Customer does not accept the new price, it may cancel with effect from the date the change takes effect.

Article 8 — Term and cancellation

1. The Agreement is for an indefinite period and can be cancelled monthly, with effect from the end of the current billing period. During the trial the Customer can stop immediately.
2. The Customer can cancel in the app or by email to [email protected]. BelBuddy confirms the cancellation by email.
3. BelBuddy may terminate the Agreement with one month's notice. BelBuddy may terminate the Agreement with immediate effect if the Customer goes bankrupt, applies for a suspension of payments, or seriously breaches the Agreement.
4. After the Agreement ends, BelBuddy deletes the Customer's data as described in the Data Processing Agreement. Before the end, the Customer can export its calls in the app.

Article 9 — Availability and maintenance

1. BelBuddy works to keep the Service available as well as possible but does not guarantee uninterrupted or error-free operation. The Service partly depends on telephony and cloud services of third parties.
2. BelBuddy may carry out maintenance. Planned maintenance that noticeably interrupts the Service takes place outside office hours where possible and is announced in advance.
3. BelBuddy may improve and change the Service. BelBuddy announces changes that materially disadvantage the Customer at least 30 days in advance; the Customer may then cancel with effect from the date the change takes effect.

Article 10 — Liability

1. BelBuddy's liability for direct damage is limited to the amount the Customer paid for the Service in the three months before the event causing the damage, with a maximum of €1,000 per event.
2. BelBuddy is not liable for indirect damage, such as consequential loss, lost profit and lost revenue, nor for damage caused by incorrect or incomplete information the Customer entered in the app.
3. These limitations do not apply in case of intent or deliberate recklessness of BelBuddy's management.
4. The Customer reports damage as soon as possible and no later than 30 days after discovering it, in writing to BelBuddy.

Article 11 — Force majeure

1. BelBuddy is not obliged to perform in case of force majeure, including outages of third-party telephony, internet or cloud services, power failures, cyberattacks and government measures.
2. If force majeure lasts longer than 30 days, either party may terminate the Agreement in writing, without compensation.

Article 12 — Personal data

1. For the data of callers and the Customer's staff, the Customer is the controller and BelBuddy the processor. The Data Processing Agreement (annex) applies and forms part of the Agreement.
2. For the data BelBuddy itself needs to serve the Customer (contact persons, invoicing), BelBuddy is the controller; see the privacy statement at belbuddy.eu/en/privacy.

Article 13 — Intellectual property

1. All rights to the Service, the software, the app and the website remain with BelBuddy or its licensors. The Customer receives a non-exclusive, non-transferable right of use for the term of the Agreement.
2. The data and information the Customer enters and the calls with its callers remain the Customer's.

Article 14 — Changes to these terms

1. BelBuddy may change these terms. The new terms apply 30 days after BelBuddy has emailed them to the Customer. If the Customer does not agree, it may cancel with effect from that date.

Article 15 — Governing law and disputes

1. The Agreement is governed by Dutch law.
2. Disputes are submitted to the competent court of the District Court of The Hague.