Terms of service

1. Definitions

In these terms, the following words always mean the following. They apply in singular and plural.

• Helpable, we, us, our: Sweeber Technologies, the provider of the Helpable service.
• Service: the online software Helpable, including the knowledge base, procedures, training, quizzes, certificates, read confirmations, public knowledge bases, AI features, Roleplay Studio, integrations and the related websites, apps and support.
• Customer, you: the organization or person that creates a workspace or starts a subscription. Anyone acting on behalf of an organization confirms that they are authorized to represent it.
• User: any person who has access to the service through the customer's workspace, such as employees, admins and invitees.
• Visitor: someone who views a public knowledge base or public page of the customer, without an account.
• Workspace: the environment within the service that belongs to one customer, with all users, settings and content.
• Owner: the user who created the workspace or whom the customer has appointed as owner.
• Content: everything the customer, users or visitors place, upload, type or generate in the service, such as articles, procedures, training, lessons, quiz questions, answers, files, videos, images, roleplay scenarios, conversations and comments.
• AI features: the parts of the service that create text, answers, summaries, training, quiz questions, feedback or conversations using artificial intelligence, including Answers, the AI writer, the AI course maker and Roleplay Studio.
• AI credits: the units used to measure and bill the use of AI features.
• Subscription: the plan the customer buys (such as Business, Business Plus or Business Max), including any add-ons.
• Add-on: an extension of the subscription at its own price, such as extra seats, a custom domain, extra knowledge bases, white label or Roleplay Studio.
• Agreement: the agreement between Helpable and the customer about the use of the service, which includes these terms and the privacy policy.
• GDPR: the General Data Protection Regulation (EU) 2016/679.

2. Scope of these terms

2.1 These terms apply to every quote, order, trial, agreement and every use of the service, including free use.

2.2 The customer's general terms or purchasing terms do not apply, even if the customer refers to them, unless we have agreed otherwise in writing.

2.3 Deviations from these terms only apply if we have agreed them with the customer in writing. An email counts as writing.

2.4 If a provision of these terms is invalid or annulled, the other provisions remain in force. We will replace the invalid provision with a valid one that comes as close as possible to the purpose of the original.

2.5 If a separate signed agreement and these terms conflict, the separate agreement prevails.

3. Who the service is for

3.1 Helpable is made for businesses, organizations and self-employed professionals who want to onboard and train their team and share knowledge. The customer uses the service for their profession or business.

3.2 If someone nevertheless subscribes as a consumer, the mandatory rules of consumer law apply. Provisions in these terms that conflict with those rules do not apply to that consumer.

3.3 Users must be at least 16 years old. The customer makes sure younger people do not get an account.

4. Account, workspace and access

4.1 To use the service you create an account. You provide correct, complete and up-to-date information and keep it up to date.

4.2 An account is personal. You do not share your sign-in details with anyone and you use a strong password or a secure sign-in method. You are responsible for everything that happens through your account.

4.3 If you believe someone else has access to your account or the workspace, report it right away at [email protected]. We may then temporarily block the account to limit damage.

4.4 The owner manages the workspace. The owner and admins decide who gets access, which role someone has, which content is visible and which knowledge bases are public. The customer is responsible for the choices of the owner and admins, and for the conduct of all users they invite.

4.5 The customer makes sure users know and follow these terms. A breach by a user counts as a breach by the customer.

4.6 A seat in the subscription is meant for one person. You may not let several people share a seat. You may pass a seat on to a new employee when someone leaves.

4.7 If the owner leaves the organization, the customer can ask us to transfer the workspace to another person within the organization. We may ask for proof that this person represents the customer.

4.8 We may temporarily block an account or workspace if we reasonably suspect misuse, a security risk or unauthorized access. We will let you know as soon as possible.

5. The service

5.1 With Helpable the customer can record knowledge, write procedures, train and test employees, ask for read confirmations, issue certificates, share knowledge publicly and use AI features. Which features the customer can use depends on the subscription and add-ons.

5.2 The service is online software that we provide to all customers in the same way. We do not build custom work unless we agree so in writing.

5.3 We do our best to keep the service working well, secure and available. This is a best-efforts obligation. We do not guarantee that the service will always work without interruption or errors.

5.4 We may carry out maintenance. We plan maintenance at quiet times where possible. If we expect the service to be unavailable for a longer period, we announce it in advance.

5.5 We provide support by email at [email protected] and through the help tools in the service. We respond as quickly as reasonably possible on business days. Fixed response times only apply if we agreed them in writing.

5.6 The service can connect to services of others, such as Slack. If the customer turns on an integration, the terms of that provider also apply to that other service. We are not responsible for how services of others work, their availability or their content.

6. Free trial

6.1 A new workspace gets a free 14-day trial. During the trial you can use the features of the Business Plus plan, with the limits that belong to it. You do not need payment details to start.

6.2 The trial ends by itself. You pay nothing and no subscription starts automatically. If you choose no plan after the trial, the workspace becomes read-only. Your content is kept and you can choose a plan at any time.

6.3 We may delete a workspace that has had no subscription for twelve months after the trial. We email the owner at least 30 days in advance, so the customer can export the content or choose a plan.

6.4 We may refuse, shorten or stop a trial if we suspect misuse, for example creating new workspaces again and again to extend the trial.

7. Subscriptions, seats and add-ons

7.1 The customer chooses a subscription and any add-ons in the service. What each subscription includes, such as the number of seats, the features and the number of AI credits per month, is shown on the pricing page and in the service at the time of ordering.

7.2 A subscription runs monthly or yearly, as the customer chooses. At the end of each period it renews automatically for a period of the same length, until the customer cancels.

7.3 Every internal user with access to the workspace counts as a seat. Open invitations count too. Visitors to a public knowledge base do not count.

7.4 If the customer has more users than the subscription allows, the customer can buy extra seats (on the plans that offer them) or move to a larger plan. Until then, the customer cannot add new users.

7.5 Moving to a larger plan or buying an add-on takes effect right away. You then pay pro rata for the rest of the current period.

7.6 Moving to a smaller plan or stopping an add-on takes effect at the start of the next period. The customer makes sure the workspace then fits within the limits of the smaller plan. Features that are not part of the new plan are turned off. Content made with those features is kept where possible.

8. Prices and payment

8.1 Prices are shown on the pricing page and in the service. Prices in euros include VAT unless stated otherwise. The amount you see at checkout is the amount you pay.

8.2 We bill in advance per month or per year. Payments run through our payment partner Stripe. The customer authorizes us to charge the subscription amount at the start of each period to the payment method on file.

8.3 Invoices are available in the service and sent by email. The customer makes sure the billing details, such as company name, address and VAT number, are correct.

8.4 If a payment fails, we try again and send a reminder. If the amount is still unpaid 14 days after that reminder, we may limit the workspace to read-only or suspend access until payment is made. For business customers we may also charge the statutory commercial interest and reasonable collection costs.

8.5 We may change prices. We announce a price increase at least 30 days in advance by email. The new price applies from the first period after those 30 days. If you do not agree with the increase, you can cancel before it takes effect.

8.6 If the VAT rate or another statutory levy changes, we may adjust the price to that change right away.

8.7 Amounts paid are not refunded, including when you cancel early, move to a smaller plan or do not use the service. This does not apply where the law says otherwise or where we have agreed otherwise.

9. Cancellation and end of the agreement

9.1 You can cancel your subscription at any time in the service, under billing. The subscription then runs until the end of the paid period and does not renew.

9.2 After the subscription ends, the workspace becomes read-only. The customer can still export the content, and the owner can delete the workspace.

9.3 We can end the agreement with at least 60 days' notice, for example if we stop offering the service. We then refund any amount paid in advance for the period after the end date pro rata.

9.4 We may end the agreement or suspend access with immediate effect, without owing compensation, if the customer seriously or repeatedly breaches these terms, does not pay after a reminder, goes bankrupt or applies for a suspension of payments, or if the law or a court order requires us to.

9.5 Provisions that by their nature continue after the agreement ends, such as those on liability, intellectual property, confidentiality, deletion of data and governing law, remain in force.

10. AI credits

10.1 Using AI features costs AI credits. The service shows how many credits an action costs. This can differ per feature and depends on the actual computing power the action needs.

10.2 Every subscription includes a number of AI credits per calendar month. This allowance is refilled on the first day of each month. Unused credits from the monthly allowance do not carry over to the next month.

10.3 Where the service allows it, you can buy extra credits. They are used only after the monthly allowance runs out. Purchased credits stay available as long as the workspace exists. They are not refundable, cannot be exchanged for money and cannot be transferred to another workspace.

10.4 When credits run out, the service refuses new AI actions until the allowance is refilled or you buy more credits. We never charge for extra credits unless you order them yourself.

10.5 To keep the service affordable and fair, we may set reasonable limits on AI use per action, per conversation, per user or per period. We may also change the number of credits per action. We announce a change that is unfavorable to the customer at least 30 days in advance.

10.6 We may correct credits obtained through misuse, an error in the service or an error in billing.

11. AI features

11.1 With the AI features the customer can, among other things, have questions answered from their own knowledge base (Answers), have text and procedures written or improved, turn their own documents into training and quiz questions, and let people practice conversations in Roleplay Studio.

11.2 AI features create their output automatically, based on the customer's content and a language model. That output can be wrong, incomplete, outdated or inappropriate, even when it sounds convincing. We give no guarantee that what an AI feature creates is correct, complete or fit for use.

11.3 The customer checks the output of AI features before publishing, assigning, sharing or relying on it. This applies especially to topics about safety, health, care, hygiene, finance, law and legal obligations. AI output is not professional advice.

11.4 What an AI feature creates at the customer's request is the customer's content. The customer is responsible for it in the same way as for other content (article 13). We claim no rights to that output.

11.5 To provide AI features, we send the question and the relevant parts of the customer's content to our AI providers. They are listed in the privacy policy. We do not use the customer's content to train AI models. We choose providers that do not use data sent through their API to train their models.

11.6 The customer does not use AI features to create content that article 15 does not allow, to get around the AI's safeguards or filters, or to have the AI pose as a real person without that person's consent.

11.7 The customer enters no more personal data into AI features than needed. Special categories of personal data, such as health data, and data about the customer's own clients do not belong in questions, prompts or roleplay scenarios, unless truly needed and the customer has a valid legal basis.

11.8 Answers shows the sources behind an answer so users can check it. If the AI finds no good answer in the customer's content, it says so. Even then an answer can contain mistakes.

11.9 We may switch AI providers and language models, for example when a better or safer model becomes available. The feature will keep working the same way as much as possible.

12. Roleplay Studio

12.1 Roleplay Studio is an add-on that lets employees practice conversations with an AI character, such as a customer conversation, a sales call or a difficult situation at work. After the conversation, the AI gives feedback on the points the customer has set.

12.2 A free conversation and the feedback cost AI credits. A conversation stops automatically when the maximum number of turns, the scenario's credit budget or the workspace's allowance is reached.

12.3 Roleplay Studio feedback and scores are meant for practice and learning. They give an indication of someone's skills. The customer does not make decisions about an employee, such as an evaluation, promotion, dismissal or pay, based only on Roleplay Studio results. A person must always review them.

12.4 The customer tells employees in advance that their practice conversations and feedback are stored and that managers can see the results, where this is set up.

12.5 The customer does not create scenarios with real customer data, with real people who can be recognized without their consent, or with content that article 15 does not allow.

13. Customer content

13.1 The customer's content remains the customer's. Helpable does not become the owner of the content.

13.2 The customer grants Helpable a non-exclusive, worldwide, royalty-free license to store, copy, process, translate, index, format and display the content. This license applies only as far as needed to provide, secure and improve the service and to give support, and to show public knowledge bases to visitors when the customer has made them public. The license ends when the content has been deleted under article 21.

13.3 We do not use the customer's content for our own marketing, do not sell it and do not share it with others, except with our sub-processors to provide the service or when the law requires us to.

13.4 The customer is responsible for the content. The customer confirms that they have the right to place the content and have it processed, that it does not infringe anyone's rights (such as copyright, trademarks, image rights or privacy) and that it does not breach the law or these terms.

13.5 We do not review the customer's content in advance. We may look at content when needed for support at the customer's request, to investigate a report of misuse, to secure the service or when the law requires it.

13.6 The customer indemnifies Helpable against claims by others about the customer's content or about the use of the service by the customer or their users. The customer pays the reasonable costs we incur as a result, including legal costs.

13.7 The customer keeps their own copy of important content. We make backups to restore the service after a failure. Those backups are not there to restore content the customer deleted by mistake.

14. Lessons, training and certificates

14.1 The customer creates and manages their own lessons, training, quizzes and certificates. The customer decides what they contain, who they are assigned to and when someone passes.

14.2 The customer is responsible for the accuracy and timeliness of the training material. This includes training made with the AI course maker and templates or examples we offer. Templates and examples are a starting point. The customer adapts and checks them before use.

14.3 Certificates in Helpable are issued by the customer to their own users. Helpable is not a training institute, does not issue recognized diplomas or certificates itself and does not approve the content of training. A certificate from Helpable is not proof of legally recognized or accredited training, unless the customer arranges that with the competent body.

14.4 If the law or a quality mark requires the customer to show that employees completed certain training, such as on safety, hygiene, first aid or care, the customer remains responsible for making sure the training and its records meet those requirements. Helpable helps by recording progress, read confirmations and results.

14.5 Progress, quiz results, read confirmations and certificates are stored in the workspace. The customer decides how long this data is kept and can export or delete it.

14.6 The customer uses Helpable to train their own team, volunteers, interns, temporary staff or other people who work for them, and to share knowledge with customers and visitors through public knowledge bases. Reselling access to the service to others, or offering Helpable as your own service to other organizations, is only allowed if we have agreed so in writing.

15. What is not allowed

15.1 Helpable is meant for business knowledge and training. To keep the service safe, legal and pleasant for everyone, the customer may not place, create, share or offer the following content in the service. This applies to articles, procedures, lessons, training, quizzes, roleplay scenarios, files, public knowledge bases and everything created with AI features.

• Alcohol and drinks: training or content that promotes or sells alcoholic drinks or encourages drinking, or that teaches drinking habits. Business content about serving responsibly, such as legal age checks, is not covered by this.
• Drugs: content about making, growing, selling, buying, smuggling or using drugs or other prohibited substances, and content that encourages the misuse of medicines.
• Sex and erotica: sexual, erotic or pornographic content, sexual services and content that offers or promotes sexual or intimate contact. Content that shows minors in a sexual way is always prohibited and we report it to the police.
• Weapons: content about making, modifying, buying or selling weapons, ammunition, explosives or their parts. Procedures for professions where this is legally allowed, such as licensed security work, are only covered when they go beyond what the law allows.
• Gambling: games of chance, betting, lotteries, casinos and content that promotes or teaches gambling.
• Hate and discrimination: content that hates, excludes, threatens, insults or discriminates against people based on, for example, origin, skin color, nationality, religion, belief, sex, gender, sexual orientation, age or disability.
• Violence and extremism: content that glorifies or encourages violence, supports terrorism or extremism, or encourages self-harm.
• Harassment: content meant to bully, stalk, frighten or publicly humiliate someone, and sharing other people's private details without consent (doxing).
• Illegal activities: content that breaks the law, or that explains or helps with fraud, scams, money laundering, tax evasion, theft, hacking, evading sanctions or other crimes.
• Infringing other people's rights: content to which someone else holds copyright, trademark or another right, without that rights holder's permission. Think of copied courses, books, videos or software.
• Deception: false or misleading information that can cause harm, fake news, posing as another person or organization, and phishing.
• Harmful medical or financial claims: content that promotes dangerous treatments, discourages people from seeking medical help or promotes financial products with false promises.
• Malware and spam: viruses, malware, ransomware, spyware, harmful links and scripts, and using the service to send unsolicited messages, chain letters or advertising.
• Personal data without a legal basis: placing personal data, and especially special categories of personal data, without a valid legal basis under the GDPR.

16. How you may not use the service

16.1 Besides the content in article 15, the customer may not use the service in the following ways, and makes sure their users do not either.

• Attacking, probing for weaknesses, disrupting or overloading the service, its security or other customers' workspaces, except with our written permission.
• Seeking access to accounts, workspaces, systems or data that are not yours without permission.
• Reading, copying or scraping the service in an automated way, except through integrations or an API we offer for that purpose.
• Copying, modifying, decompiling or reverse engineering the software of the service, except as far as the law mandatorily allows.
• Using the service to build a competing service or to systematically copy how the service works, its prices or its AI output.
• Getting around limits, credits, paywalls or security, for example by creating several trial workspaces or sharing seats.
• Using the service in a way that can harm Helpable, other customers, users, visitors or anyone else.

17. Enforcement

17.1 If we receive a report or reasonably suspect that content or use breaches these terms or the law, we may investigate. Anyone can report content at [email protected].

17.2 If we find a breach, we may, depending on how serious it is, take one or more of these measures:

• warn the customer and ask them to change or remove the content;
• hide the content, take a public knowledge base offline or remove the content;
• turn off AI features or other features for the workspace;
• temporarily block a user's account or the whole workspace;
• end the agreement with immediate effect and delete the workspace;
• report to or share data with the police or another competent authority when the law requires or allows it.

17.3 Where reasonable, we warn first and give the customer the chance to fix it. For a serious breach, such as illegal content, danger to others or a threat to security, we may act right away without warning.

17.4 We tell the customer which measure we took and why, unless the law or a police investigation forbids it. The customer can object at [email protected]. We will then review the decision and share the outcome.

17.5 If we take a measure because the customer breaches these terms, the customer keeps paying for the subscription and we owe no refund or compensation.

18. Helpable's intellectual property

18.1 All rights to the service, the software, the design, the Helpable name, the logo, the documentation, the templates and the other materials we create belong to Helpable or our licensors. These terms do not transfer those rights.

18.2 As long as the agreement runs and the customer pays, the customer gets a non-exclusive, non-transferable right to use the service for their own organization, within the limits of the subscription and these terms.

18.3 The customer may adapt Helpable templates and examples and use them within their own workspace.

18.4 If the customer gives us ideas, suggestions or feedback about the service, we may use them freely to improve the service, without compensation and without having to credit the customer.

19. Privacy and processing of personal data

19.1 For the personal data we process for ourselves, such as account data, billing and the use of our website, we are the controller. How we handle it is described in our privacy policy.

19.2 For the personal data in the workspace, such as data about users, training progress, quiz results, read confirmations, questions to AI features, roleplay conversations and personal data within content, the customer is the controller. Helpable processes that data as a processor on the customer's behalf. This article then serves as a data processing agreement under article 28 GDPR. If the customer wants a separate signed data processing agreement, they can request one at [email protected].

19.3 Subject and duration. We process the personal data only to provide the service, for as long as the agreement runs and afterwards as long as needed to return or delete the data under article 21.

19.4 Types of data and data subjects. This covers the data the customer and their users put into the service, such as name, email address, job title, team, profile photo, language, sign-in data, progress, scores, answers, certificates, questions, conversations and technical data. Data subjects are users, visitors of public knowledge bases and people who appear in the customer's content.

19.5 Instructions. We process the data only on the customer's documented instructions. The settings and the way the customer uses the service count as those instructions. We do not process the data for our own purposes, except to create anonymized usage statistics to improve and secure the service. If we believe an instruction breaches the GDPR, we say so right away.

19.6 Confidentiality. Everyone at Helpable with access to the data is bound by confidentiality and only gets access when needed for their work.

19.7 Security. We take appropriate technical and organizational measures to protect the data against loss and unlawful processing. These include encrypted connections (TLS), encrypted storage, separation of data per workspace, role-based access control, limited access for our own team, logging, backups and keeping software up to date. The customer takes care of safe use within the workspace, such as giving the right roles and removing users who leave in time.

19.8 Sub-processors. The customer gives us general permission to engage sub-processors. The current list is in our privacy policy. We impose at least the same obligations on sub-processors as in this article. If we add or replace a sub-processor, we update the list and notify the owner at least 30 days in advance. The customer can object with reasons within that period. If we cannot resolve the objection, the customer can cancel the agreement before the change takes effect.

19.9 Transfers outside the EEA. Some sub-processors process data outside the European Economic Area. We only do so with appropriate safeguards, such as an adequacy decision of the European Commission (including the EU-US Data Privacy Framework) or the European Commission's standard contractual clauses.

19.10 Help with data subject rights. If a data subject asks for access, correction, deletion or a copy of their data, the service helps the customer with features to view, change, export and delete data. If we receive such a request ourselves about data in the workspace, we forward it to the customer.

19.11 Help with other obligations. We reasonably help the customer with a data protection impact assessment (DPIA), a prior consultation with the supervisory authority and meeting the security obligation. Where this goes beyond normal support, we may charge reasonable costs.

19.12 Data breaches. If we discover a personal data breach affecting the customer's data, we notify the owner without undue delay, and where possible within 48 hours after discovery. We provide the information the customer needs to report the breach to the supervisory authority and to data subjects, such as the nature of the breach, the types of data and data subjects, the likely consequences and the measures we take. The customer decides whether to report the breach to the authority and to data subjects.

19.13 Audits. We make available the information needed to show that we comply with this article. The customer may, at most once a year, at their own cost and with at least 30 days' notice, have an audit carried out by an independent expert bound by confidentiality. The audit may not put the service or other customers' data at risk. Where possible we first provide written information or reports from our providers.

19.14 The customer guarantees that they have a valid legal basis for the processing, that they inform data subjects properly, for example their employees about tracking their training progress, and that they comply with the GDPR.

20. Retention periods

20.1 We keep the content and data in the workspace as long as the workspace exists. The customer decides when to delete content, users, results or conversations.

20.2 When the customer deletes content or a user, we remove it from the service right away. The data then disappears from our backups within their retention period, at most 35 days later.

20.3 We keep invoices and related data for 7 years, because tax law requires it.

20.4 We keep technical logs of the service for up to 90 days, unless we need them longer to investigate a security incident or misuse.

20.5 The retention periods for data we process for ourselves are in our privacy policy.

21. Export and deletion

21.1 During the agreement the customer can export content and results, such as articles, training reports and progress, with the export features in the service. If the customer needs help with an export, they can contact support.

21.2 After the subscription ends, the workspace stays available read-only so the customer can export the content. This does not apply if we ended the agreement because of a serious breach.

21.3 The owner can delete the workspace at any time. If the customer wants us to do it, they can ask at [email protected]. After deletion we remove the workspace's content and personal data from our active systems within 30 days, and then from our backups within their retention period, at most 35 days later. Data we must keep by law, such as invoices, is kept as long as the law requires.

21.4 Once a workspace is deleted, we cannot restore the content.

22. Changes to the service

22.1 We keep developing Helpable. We may add, change, replace or stop features, change how the service works or looks, and switch providers.

22.2 If we remove a feature the customer pays for separately, or change the service in a way that makes it substantially less useful to the customer, we announce it at least 30 days in advance. The customer can then cancel before the change takes effect and gets a pro rata refund for the period after that date.

22.3 Features labeled beta, preview or experimental are offered as they are. They can contain errors, change or disappear without notice, and article 22.2 does not apply to them.

22.4 If we must change the service quickly to fix a security problem or to comply with the law, we may do so right away. We will then let you know as soon as possible.

23. Changes to these terms

23.1 We may change these terms, for example when the service changes, when new laws come in or to make something clearer. The date at the top shows which version applies.

23.2 We announce a change that is unfavorable to the customer at least 30 days before it takes effect, by email to the owner or through a notice in the service. If the customer does not agree, they can cancel before the change takes effect. If the customer keeps using the service after that date, they accept the new terms.

23.3 Small changes that are not unfavorable, such as improving the wording or fixing an error, and changes the law requires may take effect right away.

24. Liability

24.1 If we fail to meet an obligation, the customer must first give us written notice of default and a reasonable period to fix it, unless that is no longer possible.

24.2 Our total liability is limited to direct damage. Per event, and for all events in one calendar year together, it is limited to the amount the customer paid us in the 12 months before the event that caused the damage. For a free trial or free use, our liability is limited to €100.

24.3 Direct damage only means: reasonable costs to establish the cause and extent of the damage, reasonable costs to make our performance meet the agreement, and reasonable costs to prevent or limit damage.

24.4 We are not liable for indirect damage, including consequential damage, lost profit, lost savings, reduced goodwill, damage from business interruption, damage from loss or corruption of data, fines from regulators and damage from claims by others.

24.5 We are not liable for damage caused by the customer or a user relying on AI output, training material, templates or procedures without checking them. We are also not liable for damage caused by customer content, by services of others the customer connects, or by failures of internet, networks or equipment that are not ours.

24.6 The limits in this article do not apply if the damage was caused by intent or deliberate recklessness of our management, nor as far as the law does not allow a limit.

24.7 A right to compensation expires if the customer does not report the damage to us in writing within 12 months after they knew or should have known about it.

24.8 These limits also apply to our employees and the parties we engage for the service.

25. Force majeure

25.1 We are not obliged to meet an obligation if force majeure prevents it. Force majeure is a circumstance we could not reasonably prevent and that is outside our control.

25.2 Force majeure includes at least: failures or outages at our hosting, cloud, database, payment, email or AI providers, failures of the internet, the power grid or telecommunications, cyberattacks and DDoS attacks we could not stop with reasonable measures, fire, flood, pandemic, war, terrorism, riots, strikes, and measures or bans by a government.

25.3 During force majeure our obligations are suspended. If force majeure lasts longer than 60 days, either party can end the agreement in writing. The customer then gets a pro rata refund of the amount paid in advance for the period after the end date. Otherwise neither party owes compensation.

26. Other provisions

26.1 Confidentiality. Both parties keep the other's confidential information secret, such as the content of the workspace and non-public information about the service, and use it only for the agreement. This does not apply to information that is already public or that a party must disclose by law.

26.2 Transfer. The customer may only transfer the agreement to someone else with our written permission. We may transfer the agreement to another company that takes over or continues the service. We will tell the customer in advance, and the customer can then cancel.

26.3 Language. These terms exist in Dutch and English. If the two versions differ, the Dutch text prevails.

26.4 Evidence. Our records and the service's logs count as evidence of the use of the service, the services purchased and the use of AI credits, unless the customer proves otherwise.

26.5 Notices. We may send notices about the agreement by email to the owner's email address or through a notice in the service. The customer makes sure that email address is correct.

26.6 References. We only name the customer or show their logo as a Helpable customer on our website or in marketing if the customer has given permission.

27. Governing law and disputes

27.1 These terms and the agreement are governed by Dutch law. The Vienna Sales Convention (CISG) does not apply.

27.2 If you have a complaint or dispute, please contact us first at [email protected]. We will try to find a solution together within a reasonable time.

27.3 If that fails, disputes will be submitted to the competent court of the District Court of Midden-Nederland (Rechtbank Midden-Nederland), the Netherlands. If the customer is a consumer, they may also go to the court where they live.

28. Contact

Do you have questions about these terms, want to report content or request a data processing agreement? Get in touch.

• Sweeber Technologies
• Torenlaan 5B, Bussum, the Netherlands
• Email: [email protected]
• Website: www.gethelpable.com