Our Terms & Conditions
Last updated: 1st of November 2024
The service ‘bluebarry AI’ is offered over the internet in the form of Software-as-a-Service by the company bluebarry AI.
The use of bluebarry AI is subject to the following terms and conditions. Using bluebarry AI constitutes acceptance of these terms and conditions. Any deviations from these terms and conditions are only binding if bluebarry AI has provided written confirmation of their acceptance.
Article 1. Use of the service
1.1. With bluebarry AI, you can guide website visitors towards the right product page using a product advisor.
1.2. To use bluebarry AI, you first need to register. After completing registration, bluebarry AI will verify whether your application is to be approved or not. You will be notified about the decision.
1.3. You must protect your account from access by unauthorised parties by means of the username and password. In particular you must keep the password strictly confidential. bluebarry AI may assume that all actions undertaken from your account after logging in with your username and password are authorised and supervised by you. This means you are liable for these actions, unless and until you have notified bluebarry AI that someone else knows your password.
1.4. bluebarry AI processes your personal data. You give your consent for all forms of processing within the scope of the service. Please consult the bluebarry AI privacy statement for more information.
Article 2. Terms of use
2.1. It is not permitted to use bluebarry AI for any purpose that violates Dutch or any other applicable laws or regulations. This includes matters such as using the service for the storage or transmission of data that is slanderous, libellous or racist.
2.2. Should bluebarry AI discover that you are in breach of any of the above, or receive a complaint alleging the same, then bluebarry AI may intervene to end the violation.
2.3. If bluebarry AI is of the opinion that the continued functioning of computer systems or network of bluebarry AI or third parties is actually or under threat of being damaged or jeopardised, for example through excessive transmission of email or other data, leaks of personal data or virus activity, bluebarry AI may take all steps it deems reasonably necessary to end or avert this damage or jeopardy.
2.4. bluebarry AI is at all times entitled to file a criminal complaint for any offences committed through or using the service.
2.5. bluebarry AI may recover from you all damages it suffers as a result of your violation of these terms of use. You agree and indemnify bluebarry AI against all third-party claims arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1. bluebarry AI makes every effort to ensure that the service is available at all times, but makes no guarantees about uninterrupted availability.
3.2. bluebarry AI actively maintains bluebarry AI. In the event that maintenance is expected to negatively impact availability, bluebarry AI will carry out this maintenance at night (between 11:00 p.m. and 7:00 a.m. local time). Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. bluebarry AI may from time to time adapt bluebarry AI. Your feedback and suggestions are welcome but bluebarry AI ultimately decides which adjustments it will or will not make.
Article 4. Intellectual property
4.1. The bluebarry AI service, the accompanying software and all information and images on the website are the intellectual property of bluebarry AI. None of these items may be copied or used without the prior written permission of bluebarry AI, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). bluebarry AI receives a limited licence to use this information for the service, including for future aspects thereof. You can cancel this licence by removing the information in question and/or terminating the agreement.
4.3. If you send information to bluebarry AI, for example a bug report or suggestion for improvement, you grant bluebarry AI a perpetual and unlimited licence to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. bluebarry AI shall refrain from accessing data you store or transfer using bluebarry AI, unless this is necessary for effective provision of the service or bluebarry AI is forced to do so by law or order of competent authority. In these cases bluebarry AI will make every effort to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of bluebarry AI is subject to a fee which is due every month. The fee must be paid in advance.
5.2. Payment is possible through Stripe as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of bluebarry AI shall be limited to the amount paid by you in the three months prior to the moment that the cause of the damage occurred.
6.2. bluebarry AI is in no event liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to bluebarry AI within no more than two months after discovery.
6.4. In the event of force majeure, bluebarry AI is never required to compensate damages suffered by you. Force majeure includes events such as disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement shall take effect when you use the service for the first time and shall then run for a period equal to the billing period agreed upon.
7.2. In the event that monthly billing has been selected, the agreement can be terminated each month with a notice period of 1 month. In the event of annual and biannual billing, the agreement may be terminated no later than one month before the end of the period.
7.3. Termination must take place via the account or as set out on the website.
7.4. You can export the data you store or process using the service at any time through the service interface.
Article 8. Changes to terms and conditions
8.1. Bluebarry AI may change or add to these terms and conditions as well as any prices at any time.
8.2. Bluebarry AI will announce the changes or additions through the service at least thirty days before they take effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement up until the date the changes take effect. Use of bluebarry AI after the date of effect shall constitute your acceptance of the changed or added terms and conditions.
Article 9. Miscellaneous provisions
9.1. This agreement is governed by Dutch law.
9.2. Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with bluebarry AI shall be brought before the competent Dutch court for the principal place of business of bluebarry AI.
9.3. For any clause in these terms and conditions that demand that a statement must be done ‘in writing’ to be legally valid, a statement by email or communication through the bluebarry AI service shall be sufficient provided that the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by bluebarry AI shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In the event that any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties will in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. bluebarry AI is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of bluebarry AI or the associated business activities.