BENN Holding B.V. (trading under the name The Blond Bot), Schapendrift 30, 1251 XG Laren, the Netherlands, Chamber of Commerce (KvK) no. 70191603.
This is an English translation of the Dutch "Algemene Voorwaarden". In the event of any discrepancy between the Dutch and English versions, the Dutch version prevails.
These terms and conditions apply to all quotations, offers, assignments and agreements between BENN Holding B.V., trading under the name The Blond Bot (hereinafter: The Blond Bot), and its clients. They apply exclusively in business-to-business relationships (B2B). The Blond Bot does not provide services to consumers.
Article 1 · Definitions
- The Blond Bot: BENN Holding B.V., established in Laren, the Netherlands, KvK no. 70191603, trading under the name The Blond Bot.
- Client: the legal entity or natural person acting in the course of a profession or business that enters into an agreement with The Blond Bot or receives a quotation for that purpose.
- Agreement: any arrangement for the provision of services, including advice (Decision Call or Decision Sprint), the development and provision of AI agents, and the supply of Brain Credits.
- Services: all work performed by The Blond Bot, including strategic advice, configuration, prompting, building and running AI agents, and related services.
- AI agent: an automated application developed, configured or managed by The Blond Bot that performs tasks on behalf of the client.
- Output: the results, advice, texts, analyses or other outcomes produced with the help of the services or an AI agent.
Article 2 · Applicability
- These terms apply to every quotation, offer and agreement, except where expressly agreed otherwise in writing.
- The applicability of any purchasing or other terms of the client is expressly rejected.
- If one or more provisions are void or annulled, the remaining provisions remain in force. The parties will consult on a replacement provision that approximates the original intent as closely as possible.
Article 3 · Nature and scope of the services
- The Blond Bot provides services in the field of strategic advice and the development and operation of AI agents. The core of the service is supporting better decision-making; execution may be carried out by AI agents.
- All obligations are best-efforts obligations, unless a specific result is expressly promised in the agreement.
- Output from AI agents and AI-supported services is an aid to support the client's decision-making. The Blond Bot does not guarantee that output is complete, correct, current or error-free. The client assesses output critically and remains responsible for decisions based on it.
- AI agents may produce unexpected, incorrect or incomplete results. The Blond Bot is not liable for damage resulting from acting on output without the client's own assessment.
Article 4 · Excluded applications
The services are expressly not intended for, and are not provided for:
- systems or machines that control a production or logistics process (process control software, industrial automation, embedded software);
- medical or laboratory purposes where a failure may directly cause injury or harm to health;
- systems that control the safety or operation of motor vehicles, aircraft or trains;
- transaction or payment systems (payment processing), including trading and investment platforms, cryptocurrencies and crowdfunding.
If the client nevertheless uses the services or output for any of these applications, this is entirely at the client's own expense and risk, and any liability of The Blond Bot for this is excluded.
Article 5 · Performance of the agreement
- The Blond Bot performs the agreement to the best of its insight and ability. Stated timeframes are indicative and not strict deadlines, unless agreed otherwise in writing.
- The Blond Bot may engage third parties. These terms, including the limitations of liability, also apply for the benefit of those third parties.
- The client provides the information, access and cooperation needed in good time. Delay or damage caused by incorrect or incomplete information from the client is at the client's expense.
Article 6 · AI agents, intellectual property and right of use
- All intellectual property rights in the AI agents, prompts, configurations, methods and underlying systems developed by The Blond Bot rest with The Blond Bot. The client obtains only outcomes and, if agreed, a right of use; no source code, prompts or access to the agents themselves.
- A right of use is non-exclusive, non-transferable and ends upon termination of the agreement or the subscription.
- The client may not copy, reverse-engineer, fork or make the agents available to third parties.
- The client may freely use output within its own business operations, subject to Articles 3 and 4.
Article 7 · Data, privacy and security
- To the extent personal data is processed, the client is the controller and The Blond Bot acts, where applicable, as processor. In that case the parties conclude a data processing agreement.
- The client warrants that it is entitled to (have) process(ed) the data provided and indemnifies The Blond Bot against third-party claims relating to this.
- The Blond Bot takes appropriate technical and organisational measures but does not guarantee absolute security. The client reports a suspected data breach or security incident without delay.
Article 8 · Prices and payment
- All prices are exclusive of VAT, unless stated otherwise.
- Invoices are paid within 14 days of the invoice date, unless agreed otherwise in writing.
- In the event of late payment, the client is in default by operation of law and owes the statutory commercial interest and extrajudicial collection costs. The Blond Bot may then suspend the services.
Article 9 · Liability
- The Blond Bot is liable only for direct damage that is the direct and exclusive result of an attributable failure to perform.
- Liability is limited per event to the amount the client has paid for the relevant assignment in the three months preceding the event. For assignments shorter than three months, the total assignment amount applies.
- In all cases, liability is limited to the amount paid out by the liability insurance, plus the deductible. If no payment is made for any reason, the limitation in paragraph 2 applies, with an absolute maximum of the insured amount of EUR 500,000 per claim.
- For damage arising from or connected with output of AI agents or AI-supported services, a separate limit applies: such liability is limited to at most the amount the client paid for the relevant AI service in the three months preceding the event, without prejudice to the general limits in paragraphs 2 and 3.
- The Blond Bot is not liable for damage arising from the use of electronic means of communication, including damage from non-delivery or delay of electronic messages, interception or manipulation by third parties, viruses, and the failure or malfunction of telecommunication networks, except in the case of intent or gross negligence of The Blond Bot.
- The Blond Bot is never liable for indirect damage, including consequential damage, lost profit, missed savings, damage due to business interruption and damage due to loss of data.
- The Blond Bot is not liable for damage resulting from decisions based on output, nor for damage from use for the applications excluded in Article 4.
- The limitations do not apply to damage caused by intent or deliberate recklessness of The Blond Bot.
- A claim lapses if it is not reported to The Blond Bot in writing within twelve months after the client became or could have become aware of the damage.
Article 10 · Indemnification
- The client indemnifies The Blond Bot against third-party claims connected with or arising from the client's use of the services or output, except in the case of intent or deliberate recklessness of The Blond Bot.
- The client assumes no obligations towards The Blond Bot for indemnification, guarantee or fixed compensation other than as expressly agreed in writing in advance.
Article 11 · Duration and termination
- Subscriptions to AI agents are entered into for the agreed term and are then tacitly renewed each time, unless terminated in writing in good time.
- Upon termination, the right of use of the agents ends. The Blond Bot is not obliged to provide continued maintenance or availability without an active subscription.
- Either party may dissolve the agreement with immediate effect in the event of bankruptcy, suspension of payments or persistent failure of the other party.
Article 12 · Governing law and disputes
- Dutch law applies to all agreements and these terms.
- The services are provided within the agreed territory with the exception of the United States of America and Canada. The Blond Bot does not provide services for, and accepts no liability assessed under the law of, the United States or Canada.
- Disputes are preferably resolved by mutual consultation. Failing that, they are submitted to the competent court in Amsterdam, the Netherlands.