1. Definitions
1.1. Model AI Agency: The company that offers AI models and assists clients in deploying these models.
1.2. Client: The natural or legal person who enters into an agreement with Model AI Agency to use the offered services.
1.3. Agreement: Any arrangement or agreement between Model AI Agency and the Client concerning the provision of services.
1.4. Services: All services offered by Model AI Agency, including but not limited to providing AI models, advice, and support.
1.5. User: Anyone who visits the website of Model AI Agency.
1.6. Personal Data: All information about an identified or identifiable natural person.
2. Applicability
2.1. These General Terms and Conditions apply to all offers, agreements, deliveries, and services of Model AI Agency.
2.2. Deviations from these General Terms and Conditions are only valid if they have been agreed upon in writing.
2.3. By entering into an agreement with Model AI Agency, the Client accepts the applicability of these General Terms and Conditions.
3. Offers and Agreements
3.1. All offers from Model AI Agency are non-binding and valid for 30 days, unless otherwise indicated.
3.2. An agreement is established once the Client has accepted the offer in writing or electronically, and Model AI Agency has confirmed the acceptance.
3.3. Model AI Agency reserves the right to refuse a potential Client without giving reasons.
4. Services and Delivery
4.1. Model AI Agency will perform the services to the best of its ability and exercise the required care.
4.2. The delivery dates of services are indicative and not strict deadlines. Model AI Agency is not liable for delays in delivery.
4.3. The Client must provide Model AI Agency with all necessary data for the execution of the services in a timely manner.
5. Fees and Payment
5.1. The fees for the services are determined in the agreement or offer.
5.2. Payment must be made within 30 days of the invoice date unless otherwise agreed.
5.3. If the Client fails to pay on time, Model AI Agency is entitled to suspend the execution of the agreement and charge statutory interest.
5.4. All amounts mentioned by Model AI Agency are exclusive of VAT and other government levies unless otherwise stated.
6. Obligations of the Client
6.1. The Client must provide all necessary data to Model AI Agency in a timely, complete, and accurate manner for the execution of the services.
6.2. The Client will refrain from any conduct that may damage the good name and reputation of Model AI Agency.
6.3. The Client is responsible for the accuracy and completeness of the data provided to Model AI Agency.
7. Intellectual Property
7.1. All intellectual property rights to the services and materials developed or provided by Model AI Agency remain with Model AI Agency.
7.2. The Client obtains a limited, non-exclusive, non-transferable right to use the delivered services and materials for internal purposes.
7.3. The Client is not permitted to reproduce, disclose, or bring to the attention of third parties any materials provided by Model AI Agency without prior written consent.
8. Liability
8.1. Model AI Agency is not liable for any damage resulting from the use of the services, including but not limited to not achieving expected results or revenues by the Client.
8.2. The Client acknowledges and accepts that all investments and use of the services are entirely at their own risk.
8.3. Model AI Agency is not liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business stagnation.
8.4. The liability of Model AI Agency is in all cases limited to the amount paid out by the liability insurance.
8.5. Model AI Agency is not liable for any damage resulting from not following, incorrectly following, or incompletely following the advice provided by Model AI Agency.
9. Indemnification
9.1. The Client indemnifies Model AI Agency against all third-party claims arising from or related to the execution of the agreement unless these claims result from intent or gross negligence on the part of Model AI Agency.
9.2. The Client indemnifies Model AI Agency against all third-party claims relating to intellectual property rights on materials or data provided by the Client that are used in the execution of the agreement.
10. Force Majeure
10.1. Model AI Agency is not liable for shortcomings in the performance of the agreement due to force majeure, including but not limited to failures in infrastructure, natural disasters, pandemics, and government measures.
10.2. In the event of force majeure, Model AI Agency has the right to suspend the execution of the agreement or to dissolve the agreement in whole or in part, without being obliged to pay any compensation.
11. Duration and Termination
11.1. The agreement is entered into for the duration specified in the agreement and cannot be terminated prematurely unless otherwise agreed.
11.2. Both parties can terminate the agreement with immediate effect if the other party fails to fulfill essential obligations under the agreement.
11.3. Upon termination of the agreement, provisions that are by their nature intended to continue shall remain in force.
12. Applicable Law and Disputes
12.1. All legal relationships to which Model AI Agency is a party are exclusively governed by Dutch law.
12.2. Disputes will be submitted exclusively to the competent court in the district where Model AI Agency is established.
13. Amendments
13.1. Model AI Agency reserves the right to amend these General Terms and Conditions. The amendments will take effect at the announced time.
13.2. Model AI Agency will timely provide the Client with the amended terms. If no effective date is communicated, the amendments will take effect as soon as the changes have been communicated to the Client.
14. Privacy and Data Processing
14.1. Model AI Agency respects the Client’s privacy and will process personal data in accordance with applicable privacy legislation.
14.2. By subscribing to the Model AI Agency newsletter, the Client gives consent to use their email address for marketing purposes.
14.3. Model AI Agency will not provide personal data to third parties without the Client’s explicit consent unless necessary for the execution of the agreement or based on a legal obligation.
14.4. The Client has the right to view, correct, or delete their personal data by contacting Model AI Agency.
15. Confidentiality
15.1. Both parties are obliged to maintain the confidentiality of all confidential information obtained from each other or from another source in the context of the agreement.
15.2. Information is considered confidential if it has been communicated by the other party or if this results from the nature of the information.
16. Final Provisions
16.1. If any provision of these General Terms and Conditions is null or voidable, this will not affect the validity of the remaining provisions.
16.2. In such cases, the parties will consult to agree on a new provision, reflecting as closely as possible the purpose and intent of the original provision.
16.3. Model AI Agency is entitled to transfer its rights and obligations under the agreement to a third party. The Client will be informed of this in writing.