1. About these terms
1.1 These terms apply to every offer, quotation and agreement under which DM2find BV (“DM2find”, “we”) provides services to a customer (“Customer”, “you”). DM2find BV is based in Hilversum, the Netherlands, and registered with the Chamber of Commerce under number 89552407.
1.2 Our services are intended for businesses, organisations and public bodies, not for consumers. By entering into an agreement with us you confirm that you act in the course of a profession or business, or on behalf of a public body. Article 15 sets out the rules for visitors who use an assistant without an agreement with us.
1.3 Purchasing conditions or other general terms of the Customer do not apply, unless we have accepted them in writing.
1.4 If an order form or a separate agreement deviates from these terms, the order form or agreement prevails. If a provision of these terms turns out to be invalid, the other provisions remain in force, and the invalid provision is replaced by a valid one that comes as close as possible to its purpose.
2. Definitions
- Services: the DM2find platform and related services, including webchat, voice, messaging channels, listings for tourism businesses, data and ontology services, set-up and support, as described on dm2find.ai or in an order form.
- Destination plan: a subscription for a tourism board, destination marketing organisation or regional or national tourism body.
- Business plan: a subscription for a tourism business, such as Verified, Enhanced or Enhanced + Events, and any add-ons.
- Order form: a quotation, proposal, order or online checkout that the Customer accepts.
- Customer content: logos, texts, photos, events, offers and other material the Customer provides.
- Customer data: Customer content and the data we process on the Customer’s behalf, including conversations between visitors and the Customer’s assistant.
- Visitor: anyone who uses an assistant.
3. Offers and how an agreement is formed
3.1 Our offers are without obligation and valid for 30 days, unless they state otherwise. Obvious mistakes or errors in an offer do not bind us.
3.2 An agreement is formed when the Customer accepts an order form, by signature, by email or by completing an online checkout, or when we start providing the Services at the Customer’s request.
3.3 Prices on our website and in our offers are in euros and exclude VAT, unless stated otherwise.
4. Term and termination
4.1 Business plans run per month and renew automatically each month. You can cancel at any time in your dashboard or by email. Cancellation takes effect at the end of the billing period that has already been paid. If you chose annual billing, the plan runs for the full year and renews for another year unless you cancel before the renewal date.
4.2 Destination plans run for the initial term in the order form, which is 12 months unless agreed otherwise. They then renew automatically for successive periods of 12 months, unless either party terminates in writing at least two months before the end of the current term.
4.3 Pilots run for the agreed period and end automatically, unless the parties continue under an order form.
4.4 Either party may terminate the agreement in writing with immediate effect if the other party seriously breaches it and does not remedy the breach within 30 days of a written notice, is declared bankrupt, is granted a suspension of payments, or ceases its business.
4.5 Termination does not entitle the Customer to a refund of amounts already invoiced for the current period, unless the termination results from our breach.
5. The Services
5.1 We provide the Services with reasonable care and skill. Our obligations are obligations of effort (inspanningsverplichtingen), not obligations of result, unless we have expressly agreed on a specific result in writing.
5.2 We aim for high availability, but we do not guarantee that the Services will be uninterrupted or free of errors. We may carry out maintenance. We try to schedule it outside peak hours and, where reasonably possible, we announce planned maintenance that causes significant downtime in advance. Specific service levels apply only if they are agreed in an order form.
5.3 We may change and improve the Services, including the AI models, hosting and subprocessors we use, as long as the agreed functionality is not materially reduced. If the Customer has chosen the European option, we only use providers and locations that keep that processing within the EU.
5.4 Some parts of the Services depend on third parties, such as messaging platforms, reservation and booking systems, payment providers and open data sources. They provide their services under their own terms. We are not responsible for their availability, their content or changes they make. Where a messaging channel requires it, the Customer needs its own account with that platform.
5.5 Delivery dates and timelines we give are targets, not deadlines, unless expressly agreed otherwise.
6. AI-generated answers
6.1 The assistant generates answers automatically, using AI models, open data, Customer content and web sources. Answers can be incomplete, outdated or wrong. We do not guarantee that answers, or data from third-party sources, are correct or complete.
6.2 Visitors must be able to see that they are communicating with an AI system. Our standard interface makes this clear. If the Customer changes how the assistant is presented, the Customer is responsible for keeping this clear.
6.3 The Services are not designed for emergencies or for medical, legal or safety-critical advice. The Customer remains responsible for decisions it takes based on the output, and for content it publishes.
7. Your obligations and acceptable use
7.1 The Customer provides accurate information, keeps its login details confidential and is responsible for all use of its accounts.
7.2 The Customer guarantees that it has the rights to the Customer content it provides, and that this content does not infringe the rights of third parties or the law. The Customer indemnifies DM2find against claims by third parties relating to Customer content.
7.3 The Customer will not use the Services, or allow them to be used:
- for unlawful, misleading, discriminatory or harmful purposes;
- to send spam or distribute malware;
- to circumvent security measures, or to reverse engineer the software, except as far as the law allows;
- to scrape, overload or systematically query the Services by automated means outside the agreed interfaces;
- to build a competing product, or to resell the Services without our written consent.
7.4 We may suspend access to the Services in whole or in part if the Customer breaches this article, if an invoice remains unpaid after a reminder, or where this is necessary to prevent harm to the Services, other customers or third parties. We inform the Customer and keep the suspension as limited as possible. Payment obligations continue during a suspension.
8. Fair use
Plans with unlimited conversations are subject to fair use. If usage is far above what is normal for comparable customers, or causes disproportionate costs or load, for example through automated traffic, we contact the Customer first and may propose a different plan or price.
9. Prices and payment
9.1 Our prices are as stated on our website or in the order form, in euros and excluding VAT and other levies.
9.2 Business plans are paid in advance by card or another payment method through our payment provider, Stripe. Destination plans are invoiced annually in advance, unless agreed otherwise. Invoices are payable within 30 days of the invoice date.
9.3 If the Customer does not pay on time, it is in default without notice being required. We may then charge the statutory commercial interest (article 6:119a of the Dutch Civil Code) and reasonable extrajudicial collection costs.
9.4 We may index our prices once a year in line with the consumer price index of Statistics Netherlands (CBS). We announce other price increases at least 30 days in advance. For Business plans they apply from the next billing period, and the Customer may cancel before then. For Destination plans, increases above indexation apply from the next renewal, and the Customer may terminate with effect from the end of the current term.
9.5 A complaint about an invoice does not suspend the obligation to pay the undisputed part.
10. Intellectual property and data
10.1 All intellectual property rights in the Services, including the software, the platform, the ontology, the website and the documentation, belong to DM2find or its licensors. The Customer receives a non-exclusive, non-transferable right to use the Services for its own purposes for the duration of the agreement.
10.2 The Customer keeps all rights to Customer content and Customer data. The Customer grants us a non-exclusive licence to use them as far as needed to provide the Services, including showing the Customer’s name and logo in its assistant and, for tourism businesses with a listing, on dm2find.ai.
10.3 We only name the Customer as a customer, or use its name and logo as a reference in our marketing, with the Customer’s prior consent.
10.4 Data from open data sources, such as national tourism data platforms, remains subject to the licences of those sources. We show attribution where a licence requires it. These terms do not transfer any rights in that data.
10.5 We may use anonymised and aggregated statistics about the use of the Services, which do not identify the Customer or any person, to improve the Services.
10.6 We may freely use suggestions and feedback the Customer gives us about the Services.
11. Personal data and confidentiality
11.1 Where we process personal data on the Customer’s behalf, the Customer is the controller and DM2find is the processor. A data processing agreement under article 28 of the GDPR then applies. We provide our standard data processing agreement on request, and it forms part of the agreement. Our privacy policy describes how the Services process personal data.
11.2 The Customer is responsible for having a legal basis for the processing it instructs, and for informing its visitors, for example by linking to our privacy policy.
11.3 Both parties keep confidential information they receive from each other confidential, and use it only for the agreement. This does not apply to information that is public, or that a party must disclose by law. This obligation continues for two years after the agreement ends.
12. Liability
12.1 Our total liability towards the Customer, whether for breach of contract, tort or on any other ground, is limited to direct damage, up to the amount the Customer paid us, excluding VAT, in the 12 months before the event that caused the damage.
12.2 Direct damage means only: reasonable costs to establish the cause and extent of the damage; reasonable costs to make our performance conform to the agreement; and reasonable costs incurred to prevent or limit damage.
12.3 We are not liable for indirect damage, including consequential damage, lost profit, missed savings, reputational damage, loss of data beyond restoring it from our backups, damage resulting from reliance on AI-generated answers, and damage caused by third-party services.
12.4 These limitations do not apply if the damage is caused by intent or deliberate recklessness (opzet of bewuste roekeloosheid) of DM2find’s management.
12.5 Liability only arises if the Customer notifies us promptly and in writing of the failure, gives us a reasonable period to remedy it, and we still fail to perform after that period. A claim for damages lapses if it is not submitted in writing within 12 months after the Customer became aware of the damage.
13. Force majeure
We are not liable for failures caused by circumstances beyond our reasonable control. These include outages at hosting, AI, telecom or messaging providers, cyberattacks, power failures, government measures and epidemics. If a situation of force majeure lasts longer than 60 days, either party may terminate the agreement in writing, without any obligation to pay damages.
14. When the agreement ends
14.1 When the agreement ends, the Customer’s access to the Services ends. On request within 30 days after the end, we provide an export of the Customer content and conversation data in a common format, such as CSV or JSON. After that period we delete Customer data, unless the law requires us to keep it, and in line with the retention periods in our privacy policy.
14.2 Provisions that by their nature are meant to continue, such as those on intellectual property, liability, confidentiality and payment, remain in force after the agreement ends.
15. Using an assistant as a visitor
15.1 Anyone can use the assistants on dm2find.ai, chat.dm2find.ai, destination websites and messaging channels free of charge. This article applies to that use.
15.2 The assistant gives general information, written by AI. Check opening hours, prices, availability and bookings with the provider before you rely on them. If you book something, you book it with the provider, not with DM2find, and under the provider’s own terms.
15.3 Do not use the assistant for unlawful purposes, do not query it by automated means, and do not try to make it produce harmful or misleading content.
15.4 The assistant is provided as is. As far as the law allows, DM2find is not liable for damage resulting from the use of the information it provides. Nothing in these terms limits rights that you have as a consumer under mandatory law.
15.5 Our privacy policy explains how we process your data when you use the assistant.
16. Changes to these terms
We may change these terms. We inform Customers of changes at least 30 days before they take effect, by email or in the dashboard. If a change is to the Customer’s disadvantage in a material way, the Customer may terminate the agreement with effect from the date the change takes effect. The current version is always available at dm2find.ai/terms.
17. Applicable law and disputes
17.1 These terms and all agreements with DM2find are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
17.2 The parties first try to settle a dispute by mutual consultation. Disputes that cannot be settled this way are submitted exclusively to the competent court in the district of Midden-Nederland, the Netherlands. This does not affect any mandatory rules that protect consumers in their country of residence.
17.3 These terms are drawn up in English. If they are translated, the English version prevails.
Contact
DM2find BV, Hilversum, the Netherlands. Chamber of Commerce 89552407. Email: sales@dm2find.ai.