Terms of Service

 1. General

1.1 These terms and conditions apply to all offers, agreements, and deliveries of services of TicketBuddy, an AI Chatbot solution developed by CloudNation B.V., located at Kosterijland 10, 3981AJ Bunnik, registered with the Chamber of Commerce under number 72131632.
1.2 Deviations from these terms are only valid if agreed upon in writing between CloudNation B.V. and the User.

2. Definitions

Service: The AI Chatbot solution offered by TicketBuddy for automated AI-generated solutions and ticket management.
User: The natural or legal person using the Service.
Agreement: The agreement between CloudNation B.V. and the User for the use of the Service.
Parties: CloudNation B.V. and the User collectively.

3. Formation of the Agreement

3.1 The agreement between CloudNation B.V. and the User is concluded by the User's acceptance of CloudNation B.V.'s offer to use TicketBuddy.
3.2 By using the Service, the User agrees to these terms and conditions.
3.3 CloudNation B.V. reserves the right to refuse applications without providing reasons.

4. Use of the Service

4.1 The User obtains a non-exclusive, non-transferable, and limited right to use the Service as described in the Agreement.
4.2 The User will use the Service solely for legal purposes and in accordance with applicable laws and regulations.
4.3 CloudNation B.V. reserves the right to temporarily or permanently limit the User's access to the Service in case of misuse or violation of the terms.

5. Payment and Fees

5.1 The fees for using the Service are stated in the offer or agreement. All prices are exclusive of VAT unless otherwise stated.
5.2 Invoices must be paid within 30 days of the invoice date.
5.3 In the event of late payment, the User is in default, and CloudNation B.V. is entitled to suspend the Service until full payment is received.

6. Duration and Termination

6.1 The agreement is initially entered into for a period of 12 months and is automatically renewed for successive periods of one month unless either Party provides written notice of termination at least 10 working days before the end of the current term.
6.2 CloudNation B.V. has the right to terminate the agreement immediately if the User violates these terms and conditions.
6.3 Upon termination of the agreement, the User will immediately lose the right to access the Service.

7. Maintenance and Availability

7.1 CloudNation B.V. strives to make the Service available as much as possible with an estimated uptime of 99,5% but does not guarantee that the Service will always be available without interruptions or failures.
7.2 CloudNation B.V. reserves the right to temporarily suspend the Service for maintenance, updates, or improvements. The User will be informed of this in a timely manner if possible.

8. Liability

8.1 The total liability of CloudNation B.V. for direct damages suffered by the User due to an attributable failure in the performance of the agreement is limited to the amount the User paid to CloudNation B.V. in the twelve months preceding the event causing the damage.
8.2 CloudNation B.V. is not liable for indirect damages such as consequential damages, lost profits, or loss of data.
8.3 The liability limitations do not apply if the damage is the result of intent or gross negligence on the part of CloudNation B.V.

9. Confidentiality and Privacy

9.1 Both parties will treat all confidential information obtained from each other in the context of the agreement as confidential.
9.2 CloudNation B.V. processes the User’s personal data in accordance with applicable privacy laws and CloudNation B.V.’s Privacy Policy.

10. Intellectual Property Rights

10.1 All intellectual property rights related to the Service, including the underlying software, designs, documentation, and other materials, remain the property of CloudNation B.V. or its licensors.
10.2 The User only obtains the usage rights and powers that are granted under the agreement or these terms and conditions.

11. Fair Use Policy

11.1 CloudNation B.V. applies a fair use policy regarding cloud costs included in the monthly subscription fee. Cloud costs (including OpenAI costs) may not exceed the agreed monthly subscription fee.
11.2 If cloud costs exceed 70% of the monthly subscription fee, CloudNation B.V. will consult with the User to adjust the subscription terms.
11.3 If no agreement can be reached between CloudNation B.V. and the User, CloudNation B.V. reserves the right to unilaterally terminate the subscription.

12. Microsoft Responsible AI Principles

12.1 CloudNation B.V. develops all its AI solutions in accordance with Microsoft’s Responsible and Trusted AI Principles.
12.2 CloudNation B.V. assumes that its customers' processes and operations also comply with these principles.
12.3 If it is found that the User is not acting in accordance with the Microsoft Responsible and Trusted AI Principles, CloudNation B.V. reserves the right to stop providing the Service.

13. AI Outcomes

13.1 The User acknowledges that AI results, as generated by TicketBuddy, are not always perfect. This can result in incorrect, inaccurate, or incomplete output also known as “hallucination”.
13.2 CloudNation B.V. accepts no liability for any damage or losses resulting from incorrect, inaccurate, or incomplete AI output. It is the User’s responsibility to evaluate and use the results appropriately.

14. Force Majeure

14.1 CloudNation B.V. is not obliged to fulfill any obligation towards the User if it is prevented from doing so due to circumstances that are not attributable to fault, nor are the result of a legal act or generally accepted practices (force majeure).
14.2 Force majeure includes but is not limited to: disruptions in internet connections, telecommunication network failures, war, strikes, government actions, and other circumstances beyond CloudNation B.V.'s control.

15. Applicable Law and Disputes

15.1 These terms and conditions and the agreement between the User and CloudNation B.V. are exclusively governed by Dutch law.
15.2 Disputes arising from or related to the agreement will be submitted to the competent court in the district where CloudNation B.V. is located, unless mandatory law dictates otherwise.