General terms

1. What these terms cover

1. These terms apply to every sign-up, every subscription and every other agreement between Chatunda and you as the customer. The customer's own purchasing terms do not apply unless Chatunda has agreed to them in writing.
2. The service consists of an digital AI assistant for your webshop or website, built on the information you provide, including a dedicated server, maintenance, monitoring, backups, changes, a monthly report, a weekly follow-up e-mail, Mijn Chatunda (the environment where you review the conversations and handle messages) and support by e-mail, as described at chatunda.com/prijzen.
3. In addition to these terms, the privacy statement applies, and we enter into a data processing agreement with every customer for the personal data that the digital assistant processes on your behalf.

2. How a subscription is formed

1. Chatunda supplies Dutch businesses only, with registration at the KvK (Dutch Chamber of Commerce) and their own website or webshop. This may be a webshop, but also a service provider, rental company, practice or association. When signing up, you enter your KvK number. Individuals and businesses outside the Netherlands cannot become customers. Consumer rights such as the statutory cooling-off period do not apply.
2. You sign up your business via chatunda.com. Chatunda briefly reviews the sign-up and sends the set-up invoice with a payment link within one working day. Immediately after that payment you receive the questionnaire. You only pay the first subscription month after your approval of the digital assistant (articles 3 and 4), and that month only starts on the day your digital assistant goes live: the time you take to complete the questionnaire and the time Chatunda needs to build and test it do not cost you a subscription month.
3. If you do not complete the questionnaire within 90 days of paying the set-up fee, Chatunda will contact you to agree on how to proceed. Chatunda reminds you beforehand. If we then hear nothing further from you, the set-up fee remains with Chatunda as compensation for the set-up.
4. Immediately after payment, you receive the link to the questionnaire and your password. Chatunda builds your digital assistant using the answers. You decide how much time you spend on the questionnaire.
5. Chatunda may refuse a sign-up or terminate a subscription if the business or website breaches the law, is misleading, or concerns subjects for which Chatunda does not provide a digital assistant. This applies in any event to businesses involving weapons and ammunition, drugs, smartshop products, tobacco, e-cigarettes or alcohol as the main range, erotica, gambling and games of chance, medicines, medical devices and supplements with health claims, financial products, loans, insurance and crypto, and counterfeit products. If in doubt, you can submit the matter to us by e-mail before signing up. If a sign-up is refused, you will be informed within one working day, including the reason, and paid amounts will be refunded in full.

3. Delivery

1. Within five working days of submitting the questionnaire, your digital assistant is ready for testing on a password-protected demo page. Working days are Monday to Friday, excluding Dutch public holidays. If you submit the questionnaire on a working day before 17:00, that day counts. Otherwise, the period starts on the next working day.
2. You test the digital assistant on the demo page and approve it via the button on that page or by e-mail. You have fourteen days per invitation to do so. Chatunda reminds you on day 5, 10 and 13. If Chatunda receives neither an approval nor an improvement point within those fourteen days, the digital assistant is deemed approved by you and you receive the invoice for the first subscription month. You report improvement points via the improvement field on the demo page or by e-mail. A thumbs down under an answer does not count as an improvement point. Chatunda processes them within two working days, tests again and invites you again. From the demo there are at most six such revision rounds. If you are still not satisfied after the last round, you choose: end the agreement, in which case you receive half of the set-up fee back, or put the digital assistant live and keep improving it together. You communicate your choice by e-mail. There are no more than six revision rounds. Each new invitation after a revision round restarts the fourteen days. The demo page remains available until the digital assistant is live.
3. After your approval you receive the invoice for your first subscription month. Within 24 hours of your payment the digital assistant is live: you receive the line of code for your website and a text for your privacy statement. Until then the digital assistant only answers on the demo page.
4. There is no express service. If you have a deadline, let us know. We will immediately tell you whether it is achievable. A delivery date is only an agreement once Chatunda has confirmed it by e-mail.
5. The digital assistant appears on your website as soon as you place the line of code we provide. We will help you with this at no extra cost. Chatunda is not responsible for the operation of your website itself.
6. Mandatory questions in the questionnaire must be answered. The rest is optional. The digital assistant does not answer topics that you leave blank. It refers visitors elsewhere instead.

4. Pricing and payment

1. The subscription costs 199 euro per month including VAT. This includes everything listed as included on the pricing page, including Mijn Chatunda with one owner profile. There are no costs per conversation. 500 conversations and 20 knowledge base requests per subscription month are included in the price, above that articles 7.1 and 8.4 apply. Add-ons (Second language 19 euro, Contact plus 15 euro, Order status 29 euro, Product info 19 euro, Live agent 29 euro with two staff profiles and 9 euro per extra staff profile, each per month including VAT) are switched on and off separately by you in Mijn Chatunda, under Uitbreidingen (Add-ons). An add-on you switch on appears on the next invoice that has not yet been made. An add-on you switch off keeps working until the end of the paid subscription month and then switches off automatically. Add-ons are included in the monthly direct debit. Nothing is charged pro rata.
2. After the review of your sign-up, you pay a one-off set-up fee of 349 euro including VAT via iDEAL/Wero. This is a single payment without a mandate. Only after that payment do you receive the questionnaire. If payment is not received within thirty days, your sign-up expires and we withdraw the invoice. You can then sign up again.
3. After your approval of the digital assistant on the demo page, you receive the invoice for your first subscription month: the subscription plus the add-ons you chose. You pay it via iDEAL/Wero and thereby give authorisation for the automatic collection of the following months. If iDEAL is replaced by its European successor Wero, payment will take place in the same way via Wero and your authorisation will remain valid.
4. If you remain a customer after the first two months, the basic subscription of 199 euro is at no cost in the third month. Any add-ons you have chosen are charged as usual that month. If you have no add-ons, nothing is collected that month and you receive an invoice of 0 euro. If you cancel before the end of the second month, the month at no cost expires and the set-up fee remains with Chatunda as compensation for the set-up.
5. Your subscription month runs from the delivery date, the day your digital assistant goes live after payment of the first month, to the same day in the following month. Nothing is calculated pro rata. You always pay a full month's fee for a full month. If that day does not exist in a particular month, the last day of that month applies. The direct debit is processed around that date each month. If that day falls at a weekend or on a public holiday, it is processed on the next working day. You will receive the invoice by e-mail no later than three days before the debit, stating the amount, period and debit date. That invoice serves as advance notice of the direct debit. If anything is incorrect, let us know before the debit date. We will then hold the direct debit until the issue has been resolved.
6. If a direct debit fails, you will receive a reminder and we will try again. If payment has still not been made fourteen days after the due date, Chatunda may pause the digital assistant until payment is received. The subscription continues during that period.
7. Instead of monthly direct debit, you can also pay annually in advance. Notify us by e-mail. You pay the set-up fee of 349 euro up front, as with monthly payment. After your approval of the digital assistant you receive an invoice of 2,189 euro including VAT for the first year, for eleven paid months, because the third month is at no cost then too. That is 2,538 euro in total for the first year. For each subsequent year, you pay 2,388 euro for twelve months. Add-ons are charged separately each month. The price is the same as for monthly payment. There is no discount and no additional cost. The payment period is 14 days. Your digital assistant goes live as soon as the annual payment has been received. You will receive the renewal invoice one month before the renewal date. Cancellation remains possible monthly. We will refund full months that you have paid for in advance. We do not offer quarterly advance payment or monthly payment by invoice.
8. Chatunda does not charge reminder costs or interest. If a payment remains outstanding, you will receive an immediate reminder by e-mail and a second one after seven days. If payment has still not been made fourteen days after the due date, Chatunda pauses the digital assistant until payment is received. Only if you fail to pay after reminders and personal contact and Chatunda has to refer the debt for collection will the statutory collection costs and statutory commercial interest apply.
9. Chatunda may change the price. We will announce a price increase by e-mail at least one month in advance, stating the new price and effective date. You may then cancel with effect from that date. Until the effective date, you pay the old price, and a price change will never apply retrospectively to a period you have already paid for.

4a. Referral fee

1. If, as a customer, you refer another business that becomes a customer, you receive one subscription month at no cost per referred business. There is no maximum.
2. The new customer names your business when signing up in the “Referred by” field. A referral reported later does not count.
3. The month at no cost is awarded once the referred business has completed and paid for its first two months, and is offset against your next invoice. No payment is made. The fee is non-transferable and expires upon cancellation, even if you later return as a customer. If you are in sleep mode when it is awarded, the month at no cost will be offset against your first full month at the standard rate thereafter.
4. The referred business pays the standard price and has the same rights as every other customer. Chatunda does not offer discount codes, promotions or volume discounts.

5. Term and cancellation

1. The subscription runs monthly and has no minimum term. You can also cancel monthly during the first two months.
2. You cancel in Mijn Chatunda, under Abonnement en kosten (Subscription and costs), or by e-mailing info@chatunda.com, before the end of the current month. The digital assistant continues to work until the last day of that month. The direct debit then stops. Until that last day you can withdraw the cancellation.
3. If you are not satisfied with an answer, you pass that on as a knowledge base request in Mijn Chatunda. A correction of an error made by Chatunda does not count. You can cancel monthly. There is no money-back guarantee on the subscription. For the set-up fee, the arrangement in article 3 applies.
4. Sleep mode: you temporarily switch off your digital assistant in Mijn Chatunda, under Abonnement en kosten (Subscription and costs), or by e-mail, for 19 euro per month including VAT. Sleep mode starts in the first subscription month that has not yet been invoiced. Your server, knowledge base and settings remain stored. If you switch sleep mode off, your digital assistant works again immediately, without a new set-up fee, and the first two months do not start again. From the next invoice the standard rate applies again. Sleep mode has no maximum duration. You continue to receive your monthly report every month. You decide how long sleep mode lasts and whether you switch it off again or cancel.
5. If you return after cancelling, a new subscription starts: you pay the set-up fee again and the arrangement in article 4 applies again. We retain your questionnaire answers for 90 days after the last activity.

5a. Termination by Chatunda

1. Chatunda may terminate the subscription if the digital assistant is used for unlawful, misleading or harmful purposes, if the code is placed on other people's websites, or if a payment remains outstanding for more than thirty days after a reminder and pause.
2. In those cases, you will first receive an e-mail explaining what is happening and giving you a reasonable period to resolve it. Chatunda may switch off the digital assistant immediately only in the case of unlawful, misleading or harmful use.
3. In addition, Chatunda may cancel the subscription, just like you, with one month's notice, for example if the service ends. Chatunda will refund advance payments for the period after the end date.
4. Upon any termination, you can request your answers and conversations before the end date. After that, your data will be deleted as described in article 11.

6. Cancelling before delivery

1. If you decide not to proceed with the service after paying the set-up fee, e-mail info@chatunda.com.
2. If you have not yet submitted the questionnaire, we have not built anything and will refund the set-up fee in full.
3. If the questionnaire has been submitted and we have started building, we retain the set-up fee as compensation for the set-up. You only pay the first subscription month after your approval, so there is nothing to refund there. If you have already paid the first month but the digital assistant is not yet live, we refund that month. Once the digital assistant is live, the standard cancellation arrangement in article 5 applies. The arrangement in article 3 (half of the set-up fee back if you are still not satisfied after the last revision round and decide to stop) is separate from this.
4. Refunds are made within five working days to the account with which you paid via iDEAL/Wero. This also applies to the other refunds in these terms.

7. Changes after delivery

1. You pass on ordinary changes, such as a new delivery time, a different returns policy or a number of amended answers, as a knowledge base request in Mijn Chatunda. We will implement them within one working day. 20 knowledge base requests per subscription month are included in the subscription. Above that, each further block of 20 requests costs 10 euro including VAT: if you send 21 to 40 requests in a subscription month, you pay 10 euro extra, for 41 to 60 requests 20 euro, and so on. A request counts at the moment you send it, not when you only save it. If you send several questions at once, each question counts separately. A request that Chatunda does not adopt does not count. Corrections of errors made by Chatunda do not count towards the knowledge base requests. The owner can request a new website scan in Mijn Chatunda once per subscription month. The scan itself is included. Each change from the scan that the customer adopts counts as one knowledge base request. At 16 sent requests in a subscription month you receive a notice in advance in Mijn Chatunda and by e-mail. Extra requests appear on the Extra usage invoice of article 8.4.
2. If your business or website has changed substantially, with new terms, a new offering or a new website, a new knowledge base is required. You then complete your questionnaire again. Your previous answers remain. This costs 149 euro including VAT as a one-off fee and will be live within five working days of completing it again.
3. At the start of the questionnaire you choose the language of your digital assistant: Dutch, English or both. That choice is separate from the language you fill in the questionnaire in. If you want it to also help visitors in the other language, we translate your entire knowledge base into that language. This costs 19 euro per month including VAT for as long as the add-on is active, and you can switch the add-on on at any time in Mijn Chatunda. We then translate your knowledge base automatically. Your answers in the base language remain and we process subsequent changes in both languages. If you switch off the add-on, we remove the translated answers at the end of the paid subscription month and the digital assistant will then answer only in the base language.
4. The same digital assistant may be placed at multiple addresses of the same business, for example a .nl and a .be domain, at no additional cost. A different business or webshop with its own offering, terms or tone is a second subscription.

7a. Transfer upon sale of the business

1. If you sell your business or webshop, the subscription can be transferred to the new owner. The digital assistant continues to work as normal. You must notify the transfer by e-mail to info@chatunda.com, providing the new owner's details.
2. The new owner gives a new direct debit authorisation via iDEAL/Wero, enters into a new data processing agreement with Chatunda and confirms that they are aware of these terms. From the following month, the subscription runs in their name.
3. There are no costs associated with the transfer. The set-up fee does not have to be paid again and the first two months do not start again. Any third month at no cost that has not yet elapsed transfers with the subscription.
4. Without this transfer, the original customer remains responsible for the subscription, even after the business has been sold.

8. What the digital assistant is and is not

1. The digital assistant answers your visitors' questions based on the information you have provided. At its core it is a general source of information about your business, and with the add-ons part of your customer service that takes requests and passes them on to you. It is not a product adviser or salesperson, and it has no access to customer accounts or payment details. It only looks up orders if you have enabled the Order status add-on: read-only, after the order number plus a second detail of the order, and it does not change or promise anything in doing so. It only shows the price, stock and versions of a product with the Product info add-on, live from your webshop, read-only and without advice.
2. The digital assistant always shows that it is an AI assistant and not a person. If it does not know something, it says so and refers the visitor to the route you have specified.
3. An AI model can make a mistake. Chatunda builds in several checks, but you remain responsible for the accuracy of the information in your knowledge base and for the arrangements you make with your own customers. Check the answers you confirm in the questionnaire, and report incorrect answers to us. We will adjust them within one working day.
4. There are no costs per conversation. 500 conversations per subscription month are included in the monthly price. If the number of conversations in a subscription month exceeds that, Chatunda charges 29 euro including VAT per 500 extra conversations or part thereof. Chatunda warns you at 400 conversations in a subscription month, in Mijn Chatunda and by e-mail, and notifies you again by e-mail as soon as you exceed 500. The digital assistant simply keeps working. Extra conversations and extra knowledge base requests (article 7.1) appear together on one separate Extra usage invoice after the end of the subscription month, with one direct debit. With annual payment you pay that invoice by bank transfer. Like every invoice, you receive it no later than three days before the debit. Chatunda monitors usage to prevent misuse and may take measures if the digital assistant is bombarded or misused. Conversations resulting from that do not count, and automatic measures against misuse never result in costs for you.
5. In Mijn Chatunda you review the conversations of your digital assistant, handle messages from visitors, see under Open questions what the digital assistant could not answer and send knowledge base requests (article 7.1). Only the owner profile sees the costs of the current month and the invoices. The account is in the name of your business, with one owner profile. With the Live agent add-on you and your staff can watch live and take over a conversation. It includes two staff profiles in addition to the owner profile. Each extra staff profile costs 9 euro per month including VAT and can be cancelled monthly, like the add-on itself. The price applies per profile, regardless of how many profiles are Online at the same time. When someone takes over a conversation, the visitor sees this immediately, with the name of the profile. With Live agent, Mijn Chatunda can also suggest a draft answer from your knowledge base, tidy up your own text or translate it. Such a draft is never sent to the visitor by itself: the staff member reads it, adjusts it and sends it. You are responsible for what you and your staff say or promise in a conversation that was taken over, also when it comes from a draft.

9. Availability, maintenance and outages

1. Chatunda endeavours to keep the digital assistant available day and night: a dedicated server per customer, automatic monitoring and restarting, daily backups and a backup model if the AI model fails. An outage cannot be completely ruled out for any online service. Chatunda does not guarantee uninterrupted availability.
2. Maintenance takes place without separate maintenance windows, with restarts lasting a few seconds outside busy hours. If an intervention takes longer than a few minutes, we will announce it by e-mail at least one working day in advance.
3. In the event of an outage, we will actively keep you informed until it has been resolved. An outage does not give you a right to a discount or compensation unless Chatunda offers this itself.
4. Chatunda depends on suppliers, such as providers of AI models, hosting and the security network. An outage at a supplier constitutes force majeure.

10. Your obligations

1. You provide accurate and up-to-date information and report changes that affect the digital assistant's answers.
2. You use the digital assistant only for your own website or webshop and do not place the code on other people's websites.
3. You include the digital assistant and the parties engaged by Chatunda in your own privacy statement, and you do not provide personal data for the knowledge base that does not belong there, such as customer files or order details.
4. You do not use the service for unlawful, misleading or harmful purposes.
5. You keep the password of Mijn Chatunda, the PINs of the profiles and the recovery codes secret, give a profile only to your own staff and tell us immediately if you think someone else has access.

11. Ownership and data

1. The software, designs and working methods of Chatunda remain the property of Chatunda. You have the right to use the digital assistant for as long as the subscription runs.
2. Your own texts, answers and data remain yours. Chatunda uses them only to build and operate your digital assistant, and not to train AI models.
3. Conversations are retained for at most 90 days and then automatically deleted. You can set a shorter period in Mijn Chatunda and export conversations yourself. At your request, we will send you the conversations within the retention period.
4. When the subscription ends, we switch off the digital assistant and delete your knowledge base, answers and conversations. Your server is decommissioned. Your questionnaire answers remain for up to 90 days after the last activity (article 5.5). Your data will also have disappeared from the backups within 8 weeks. If you want to receive your data beforehand, we will send it to you on request.
5. Chatunda does not use your name, logo or website as a reference without your express consent by e-mail. You can withdraw consent at any time. The reference will then be removed within one working day. At your request, we will also delete your digital assistant's stored conversations before the end of the subscription, within one working day.

12. Liability

1. Chatunda is liable only for direct damage resulting from an attributable failure by Chatunda, and up to a maximum of the amount you paid Chatunda in the three months before the damage occurred.
2. Chatunda is not liable for indirect damage, such as lost turnover, lost savings or reputational damage, nor for damage arising from incorrect or incomplete information you provided, from an answer by the digital assistant that you could have corrected, or from an outage at a supplier.
3. These limitations do not apply in the event of intent or wilful recklessness by Chatunda.
4. Report damage as soon as possible, and no later than three months after you became aware of it, by e-mail to Chatunda.

13. Changes to these terms

1. Chatunda may change these terms. We will announce a change by e-mail at least one month in advance. If you do not agree, you may cancel with effect from the date on which the change takes effect.
2. The current version is always available at chatunda.com/voorwaarden.

14. Applicable law

1. Every agreement with Chatunda is governed by Dutch law.
2. If we cannot resolve a matter together, we will submit a dispute to the competent court in the Netherlands.