1. About Fluxaid
Fluxaid is a sole proprietorship operated by Jean René Irani, established at Heggenstraat 11, 6211 GW Maastricht, the Netherlands. Dutch Chamber of Commerce number: 42154132. VAT identification number: NL005539721B02. Email: jean@fluxaid.nl. Telephone: +31 6 39 64 94 86.
In these terms, ‘Fluxaid’, ‘we’, ‘us’ and ‘our’ mean the business identified above. ‘Customer’ means any individual or legal entity acting for purposes related to a trade or business that purchases or negotiates for a Fluxaid service.
2. Application and order of precedence
These terms apply to every business proposal, order, agreement and use of the website, Voice AI Agent, missed-call text-back or related Fluxaid service. Our services are for business customers only; we do not enter into consumer contracts.
A signed proposal, order confirmation or order form defines the specific service, price, included usage and term. In a conflict, the data processing agreement controls for personal-data matters, followed by the signed order document and then these terms. Customer purchasing terms do not apply unless we expressly accept them in writing.
3. Website and consultations
Information on our website is general and may change. A displayed price, demonstration, sample conversation or consultation booking is not a binding offer and does not create a paid service relationship.
You may use the website only lawfully and must not disrupt, test or bypass its operation, security or availability. Third-party links and embedded services are also subject to the relevant provider’s terms and privacy practices.
4. Formation and performance
An agreement is formed when both parties sign an order document, when the customer accepts our offer in writing or when Fluxaid begins performance with the customer’s agreement.
We perform the service with professional care based on the information, access, instructions and approvals supplied by the customer. Delivery dates are estimates unless expressly agreed in writing as binding deadlines.
5. Term and cancellation
Unless the order document says otherwise, a subscription runs monthly and renews automatically for successive one-month periods. There is no minimum contract term.
The customer may cancel in writing before the next renewal date. Cancellation then takes effect at the end of the current paid month. Amounts already due are not refundable unless mandatory law requires otherwise.
6. Fees and payment
The order document states the price, included usage and any consumption charges. All business prices exclude VAT and other taxes unless expressly stated otherwise. There is no one-off setup fee unless the parties agree otherwise in writing.
Invoices are payable within 14 days of the invoice date. After reasonable notice of late payment, we may charge statutory commercial interest and reasonable collection costs and suspend the service. A disputed invoice must be challenged with reasons within 14 days; any undisputed amount remains payable.
7. Customer responsibilities
The customer must timely supply accurate and complete business information, conversation rules, calendar settings, access and contact details. Before launch, the customer reviews and approves the configuration, knowledge sources, wording and escalation routes and remains responsible for its services to callers and end customers.
- The customer has a valid legal basis for all personal data and instructions it supplies.
- The customer clearly informs callers when they interact with an AI assistant and, where applicable, when a call is recorded or transcribed.
- The customer does not use the service for emergency calls, medical triage, financial or legal advice, or other high-risk decisions without separate written arrangements and suitable human oversight.
- The customer secures its accounts and promptly reports unauthorised use or a suspected incident to Fluxaid.
8. AI, telephony and calendars
AI output is probabilistic and may be inaccurate, incomplete or unexpected. Fluxaid does not guarantee that every conversation, answer, classification, message or booking will be error-free or achieve a particular commercial outcome. The customer must implement appropriate review, escalation and fallback routes.
Availability and call quality also depend on telecommunications, AI, calendar, messaging and internet providers. Emergency services must never be contacted through the service. The customer remains responsible for following up urgent or sensitive requests.
9. Acceptable use
The customer may use the service only for lawful business purposes and in accordance with telecommunications, marketing, consumer, anti-discrimination, intellectual-property and privacy laws.
- No deception, harassment, spam, fraud, unlawful profiling or discrimination.
- No processing of data or content for which the customer lacks sufficient rights or permission.
- No attempt to bypass security, usage limits or technical measures.
- No resale or provision to third parties without our written permission.
10. Intellectual property
Fluxaid and its suppliers retain all rights in the website, software, configuration methods, generic prompts, designs, documentation and improvements. The customer retains its rights in the trade names, content, data and materials it supplies.
For the agreement’s duration, the customer grants Fluxaid a limited licence to use its materials to configure, provide, secure and support the service. Unless agreed otherwise in writing, the customer receives a non-exclusive right to use configurations delivered specifically for it; our underlying technology and reusable know-how remain with Fluxaid or its suppliers.
11. Confidentiality
Each party keeps non-public business, technical and commercial information confidential, uses it only for the agreement and discloses it only to people who need it for that purpose and are bound by suitable confidentiality duties. This does not apply to information that is lawfully public, independently developed or required to be disclosed by law.
12. Personal data
Fluxaid generally acts as controller for data about website visitors, prospects and its own business contacts. When Fluxaid processes calls, messages, contact details or appointments for a customer, the customer will generally be the controller and Fluxaid the processor.
Where required, the parties enter into a data processing agreement. The customer determines and documents the legal basis, retention periods and instructions for service data. Further information appears in our Privacy Policy.
13. Availability, changes and suspension
We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability. Maintenance, incidents, supplier changes, telecommunication problems and force majeure may affect the service.
We may make reasonable technical or security changes. We may suspend all or part of the service for overdue payment, unsafe or unlawful use, a security risk, use beyond agreed limits or where a supplier requires it. Where reasonable, we will notify the customer in advance and allow an opportunity to remedy the issue.
14. Warranties and liability
Fluxaid provides a reasonable-efforts service. To the extent permitted by law, we exclude implied warranties and are not liable for indirect or consequential loss, lost profit or revenue, missed opportunities, reputational harm or loss of data.
Fluxaid’s total liability for all events arising from the same cause is limited to the fees the customer paid for the affected service during the three months before the event causing the loss. These limitations do not apply where exclusion or limitation is prohibited by mandatory law.
The customer indemnifies Fluxaid against third-party claims arising from unlawful customer data, content, instructions or marketing, missing notices or consents, or use contrary to these terms, except to the extent directly caused by Fluxaid’s attributable breach.
15. Force majeure
Neither party is liable for delay or non-performance caused by events beyond its reasonable control, including power or internet outages, failures of telecommunications or cloud providers, cyberattacks, government action, strikes and natural disasters. Payment obligations for services already supplied remain due.
16. Termination
A party may terminate for a material breach that is not remedied within a reasonable period stated in writing, or immediately upon bankruptcy, cessation of business or serious unlawful or unsafe use.
On termination, usage rights end, outstanding amounts become due and service data is returned or deleted under the data processing agreement, subject to legal retention duties. Terms that by their nature should survive—including payment, confidentiality, intellectual property and liability—continue to apply.
17. Law and disputes
Dutch law governs the agreement. The parties will first try to resolve a dispute in good faith. If this fails, the dispute will be submitted to the competent court of the District Court of Limburg, Maastricht location, unless mandatory law requires another court.
18. Changes and contact
We may update these terms when our service, suppliers or applicable law change. We will give existing customers timely notice of a material adverse change; the version available when the agreement was entered into or renewed remains controlling where the order document so provides.
Questions or formal notices may be sent to jean@fluxaid.nl or the address in section 1. If any provision is invalid, the remaining provisions stay in effect and the invalid provision will be interpreted as narrowly as possible.