Terms and conditions

It is very important that you read our terms and conditions - hereinafter referred to as the "Terms and Conditions" - carefully before using:

• the website www.triple.blue, agent.triple.blue or agent.twinq.nl 

• the 'AI Agents' product as integrated within the TwinQ VvE Software (TwinQ)

• An integration between an external software provider (e.g. Google Workspace / Microsoft 365)

The above are collectively referred to as "AI Agents. Your use of Tripleblue AI Agent implies your agreement to these terms and conditions including attachments. In this document, when you use the services of Tripleblue B.V., you are referred to as 'Client'. 

Our services

Tripleblue B.V. offers a dynamic software solution via AI Agents to support administrative tasks and daily workflows in property management, including for homeowners' associations (VvE's). AI Agents automates routine tasks using web technology and artificial intelligence (AI), enabling users to work more efficiently. Tripleblue B.V. is responsible for providing AI Agents. By signing a contract or agreeing via online registration or activation of your account or by using AI Agents, you agree to these terms and conditions. Tripleblue B.V. reserves the right to periodically revise these terms and conditions; the most recent version is binding and users are advised to consult it regularly. The use of AI Agents is strictly bound by the terms and conditions and restrictions in this agreement. AI Agents is intended to offer the following services (hereinafter referred to as "services"), but not limited to:

• Answering questions based on own documents and data in TwinQ

• Processing of association documents and data in TwinQ

• Automating correspondence and workflows

• Instant assistance via chat

• Answering questions asked to the AI Agents

• Integration with Google Workspace / Microsoft 365 (optional).

• Processing emails by the Email AI Agent 

Pilot / Trial Period

If desired, Tripleblue B.V. can offer new clients the opportunity to try out AI Agents free of charge, for example in the form of a one-time trial or demo account. This trial is intended to familiarize the Client with the service and the quality of the results generated. At the end of the trial period, continued use of the service will require registration of payment details and the Client will switch to a paid subscription under these terms and conditions.

If the Client and Tripleblue B.V. agree to share files outside of AI Agents in the context of a pilot (for example, by delivering documents by e-mail for trial processing, without creating an account), the following additional terms and conditions will apply:

• The Client warrants that all shared files have been legally obtained and permission has been obtained from all parties involved.

• Tripleblue B.V. accepts no liability for any consequences resulting from sharing or using these files outside of AI Agents.

Fees & Subscriptions

The AI Agents subscription is tailored to the actual usage per VvE within the TwinQ environment and there is a usage fee per activated Agent per VvE per year. An overview of the available subscription types, functionalities, included usage and associated fees are shared in the agreement.

Indexation and rate changes

Tripleblue B.V. reserves the right to adjust the rates of the AI Agents service. As a rule, rates may be indexed annually on January 1 based on the index figures published by the CBS. In addition, rates may be changed during the year based on business and commercial considerations. Rate changes will be communicated to the Client at least 30 days prior to the effective date of the new rates (e.g., via email or by notification within AI Agents).

If the Client does not agree with an announced rate change, it has the right to terminate the agreement at the end of the current contract period. In that case, the Client must submit a written objection before the effective date of the rate change. 

Duration and termination

The agreement for the AI Agents subscription is entered into for one calendar year and ends on December 31 of that year, starting on the date of signing the agreement. Without cancellation, the agreement is tacitly renewed for the following calendar year after the expiration of the term. The agreement cannot be terminated prematurely. Termination must be done in writing no later than October 31, with a notice period of two (2) months.

Termination must be in writing (preferably by e-mail) by the Client's authorized representative.

Tripleblue B.V. reserves the right to terminate the Agreement with immediate effect (in whole or in part) or to suspend the service if the Client materially fails to fulfill its obligations under this Agreement - for example, in case of serious violation of the terms of use, unlawful use of the service, repeated non-payment after demand for payment, or bankruptcy or suspension of payment of the Client. In such cases, Tripleblue B.V. shall not be liable for any damages resulting from the termination and any outstanding payment obligations of the Client shall remain unaffected.

Business use

AI Agents is intended exclusively for use by business customers (B2B). By using the service, the Client declares that he/she is acting in the course of a profession or business and therefore not as a consumer. Use of this service by consumers (private individuals) falls outside the scope of this agreement and is not permitted.

Corporate account and user management

If, after the pilot phase, the Client decides to purchase the service, an admin account can be set up within AI Agents. The Client is responsible for managing this account and the users linked to it. 

Multiple natural persons are not permitted to use one and the same user account. Each user account is personal and may only be used by the person in whose name the account is registered. Tripleblue B.V. reserves the right to temporarily or permanently block access to the account in question if shared use is detected, and/or to charge additional costs in accordance with the applicable rate per user.

Evidence of shared use may include - but not be limited to:

• Multiple simultaneous active sessions from different devices or IP addresses;

• Login activity from geographically dispersed locations within a time frame that cannot reasonably represent a physical travel pattern;

• Behavioral patterns indicative of multi-person use (such as different interaction styles or rapidly changing input languages).

Tripleblue B.V. reserves the right to request additional verification steps or temporarily deny users access if shared use is suspected until the use is clarified.

The Client is responsible for the timely addition of authorized users and the removal or deactivation of users who should no longer have access (for example, when an employee leaves the company or no longer requires this service). Tripleblue B.V. is not responsible or liable for any consequences of (former) employees or unauthorized persons retaining access to the AI Agents due to the Client's failure to remove or deactivate their account in a timely manner.

All users added to the company account by the Client have in principle access to the functionalities and (to the extent applicable) the shared data within AI Agents of the Client. Tripleblue B.V. accepts no responsibility for damages or data breaches resulting from the fact that information within the company account is visible to other authorized users. It is therefore very important that the Client carefully manages access internally and allows only authorized persons to access the company account.

When registering for our services, customers must choose a password. Users are responsible for keeping their passwords confidential. It is not allowed to share login information, including username and password, with other natural persons, regardless of whether they are employed within the same organization.

Single Sign-On (SSO) and authentication provider (Clerk)

If the Client enables Single Sign-On (SSO) for its organization, the Client instructs Tripleblue B.V. to use Clerk as the authentication provider for user login and account authentication. In connection with SSO, Tripleblue B.V. only shares the following personal data with Clerk: email address, first name, last name, and identity provider. The Client confirms that it is authorized to enable SSO for its organization and (where configured) to require users to authenticate via SSO. The processing of personal data in connection with SSO is further described in the Privacy Policy.

Control and liability

Tripleblue B.V. makes the results and output generated by AI Agents available through the application in a way that can be reviewed and modified by the Client if desired. This gives the Client the opportunity to perform a final review before results are finally used or distributed. It is the Principal's responsibility to evaluate responses, documents or actions proposed by AI Agents for accuracy and suitability for the intended purpose before implementing or further communicating them.

The Client acknowledges that the successful functioning of AI Agents depends in part on the information and data provided by the Client itself or already available within TwinQ or other linked systems (e.g., Outlook/Google Workspace). Tripleblue B.V. is not liable for damage or loss resulting from errors, inaccuracies, or incomplete information provided by the Client as input to the system. The Client is ultimately responsible at all times for the accuracy and completeness of all data and results generated by AI Agents.

In addition, the Client acknowledges that the output generated by AI Agents is based in part on generative AI models. Such models may contain errors or provide incomplete or incorrect information. Tripleblue B.V. makes no warranty as to the accuracy, completeness or usefulness of the answers, summaries, texts or other output generated by AI Agents. The use of AI Agents and reliance on the generated output is entirely at the Client's own risk. The Client shall conduct its own verification and further content review where necessary.

If the Client uses integrations that allow AI Agents to perform actions within external systems or platforms on behalf of the Client (such as, but not limited to, Google Workspace / Microsoft 365), the Client acknowledges that these actions take place under its own responsibility and at its own risk. Tripleblue B.V. in that case only provides the technical capability to execute such actions via automated links, based on the settings configured and data supplied by the Client.

Tripleblue B.V. can under no circumstances be held liable for the content, consequences or results of actions performed through such integrations by AI Agents on behalf of the Client. This includes (but is not limited to) sending emails, modifying or deleting data, communicating with third parties or performing actions in linked software. The Client remains fully responsible for controlling, approving and, where necessary, limiting the scope of these automated actions.

Tripleblue B.V. endeavors to provide its services to the best of its ability and with care, but does not guarantee the achievement of a specific result. Tripleblue B.V.'s obligations under this agreement qualify as best-efforts obligations, not result obligations. The Client acknowledges that the use of AI Agents does not automatically lead to correct or usable results for a specific purpose, and that the end result also depends on factors beyond the control of Tripleblue B.V., including the data, settings, context, and interpretation provided by the Client.

Tripleblue B.V. is only liable to the Client for direct damage that is the direct result of an attributable failure by Tripleblue B.V. to fulfill its obligations under this agreement. The total liability of Tripleblue B.V. shall in all cases be limited to a maximum of the amount that the Client has paid to Tripleblue B.V. for the service in the three (3) months prior to the event causing the damage. Tripleblue B.V. is not liable for any indirect damage, consequential damage, lost profit, lost savings, loss of (business) data, or damage due to business interruption or lost opportunities of the Client, regardless of the cause.

The Client shall fully indemnify Tripleblue B.V. against all claims of third parties arising from the use of AI Agents by the Client in violation of this Agreement or from data entered or supplied by the Client. This includes - but is not limited to - claims due to infringement of intellectual property rights or privacy rights of third parties by the content or data provided by the Client, as well as claims arising from unlawful or improper use of the service by the Client. All reasonable costs (including court costs and costs of legal assistance) incurred by Tripleblue B.V. as a result of such claims shall be borne by Principal.

Refund Policy

Tripleblue B.V. believes it is important that new users have the opportunity to get acquainted with AI Agents and the quality of the results. For this reason, a no-obligation pilot or trial use may be offered prior to a paid subscription. Therefore, in principle, Tripleblue B.V. does not offer refunds based solely on dissatisfaction with or disappointing results of the service after the Client has entered into a paid subscription. The Client is expected to properly orient (possibly through a demo or pilot) on the functionality of AI Agents in advance.

In the event of a technical malfunction or error in the software, Tripleblue B.V. shall make every effort to remedy the problem and - if applicable - offer reasonable compensation (e.g. in the form of a restored service performance or compensation/credit for the undelivered service). The Customer shall report such failure without delay as soon as it is detected so that Tripleblue B.V. can take appropriate action.

For an annual subscription, there will be no full or partial refund of amounts paid in advance, nor discharge of payment obligations for the remaining term, in the event of early cancellation by the Client. 

Nor is a refund possible if the Client fails to terminate the subscription in a timely manner in accordance with the termination procedure set forth in these terms and conditions. In that case, the Client remains bound by the renewal and corresponding payment obligation for the new subscription period.

Privacy policy and data processing

Because Tripleblue B.V. takes the privacy of its customers very seriously, various organizational and technical measures have been taken to protect personal data. Personal data is processed by Tripleblue B.V. in accordance with the applicable privacy legislation and the Privacy Policy of Tripleblue B.V. Further details on how we handle personal data, what data we collect and for what purpose, can be found in our Privacy Statement (consult the privacy statement on our website).

Your content (user material)

Users are responsible for the files uploaded into TwinQ and processed with AI Agent. Files of the following nature are not allowed:

• Files containing information that encourages behavior that could be considered a criminal offense.

• Files without the right to use those files (e.g., copyrighted material).

• Files that are technically harmful to us or the services of others.

Tripleblue B.V. reserves the right to refuse, remove or not further process files and data if, in the opinion of Tripleblue B.V., they violate the above terms and conditions or are otherwise unlawful. Please note that the Client remains responsible for the content of the documents and data it uploads. Tripleblue B.V. does not actively monitor all uploads, but will adequately intervene in case of clear violation of the above rules.

Tripleblue B.V. also reserves the right to retain uploaded information, including but not limited to documents, data, vectors, and other information generated or processed by the system, when a homeowners' association switches from one administrator to another within the TwinQ platform. In that case, this data may remain available to ensure the correct continuation of services to the relevant HOA.

Acceptable use of the service

The Client and its users shall use AI Agents only within the scope of what is agreed upon and reasonable. It is expressly forbidden to:

• Reverse engineering: Decompiling, hacking, replicating, or reverse engineering the AI Agents software or underlying technology.
  
  
  

• Unlawful Use: To use the Service for purposes that are unlawful, criminal, or otherwise in violation of applicable laws and regulations.
  
  
  

• Misuse of accounts: Sharing or transferring accounts, login details, or access rights to third parties without the prior written consent of Tripleblue B.V. Unauthorized third parties are also prohibited from accessing AI Agents via the Client's accounts.
  
  
  

• Damaging the service: Using the service in a way that could compromise the integrity, performance, or security of AI Agents or the underlying infrastructure. This includes, among other things, performing actions that undermine the stability of AI Agents, calling up functionalities in an automated or excessive manner (other than within the scope of normal permitted use, or as regulated in the Fair Use Policy), or otherwise disrupting the service to other users or the systems of Tripleblue B.V. or third parties.

Tripleblue B.V. reserves the right - if the Client or its users violate the above rules - to immediately and possibly permanently restrict, suspend or discontinue access to AI Agents. In such cases Tripleblue B.V. will inform the Client accordingly, stating the violation found. Restoration or reconnection will only take place if the Client has taken adequate measures to prevent further violations, this at the discretion of Tripleblue B.V.. Serious violations of the Terms of Use may be cause for immediate termination of the Agreement (see Duration and Termination).

Fair Use Policy

Tripleblue B.V. maintains a Fair Use Policy to ensure that Tripleblue AI Agents are used in a normal and workable manner. This policy helps prevent abuse, overloading and usage beyond agreed limits, so that the service remains fast and reliable for all customers.

The use of AI Agents may be considered excessive when it deviates from what is reasonable for an average business user, or when the use may affect the service for other customers. This may be the case, for example, when the Client performs more actions, automations or processing than the agreed limits within the chosen Agent product, or when technical means are used to send large numbers of requests simultaneously.

When the usage structurally exceeds the included or agreed usage limits, or when there is improper use, Tripleblue B.V. will inform the Client with a request to adjust the usage. In most cases this can be solved by limiting the use or by extending the subscription to an appropriate level.

If usage is not changed after a warning and the service is unreasonably burdened as a result, Tripleblue B.V. reserves the right to temporarily restrict access or, in exceptional situations, to suspend or terminate access. In that case Tripleblue B.V. is not liable for any consequences for the Customer's business operations.

Tripleblue reserves the right to charge additional fees in the event of structural overage or abuse, and to adjust usage limits, credit structure or terms and conditions in the future, provided the Customer is informed in a timely manner.

Use of Client's logo and credentials

Tripleblue B.V. receives the right to use the Client’s brands, trade names, and logos (collectively, the “Marks”). This right is non-transferable, worldwide, and non-exclusive, and applies only for performing the services under the Service Agreements. This right of use remains valid as long as the Service Agreements are in force. When using the Marks, Tripleblue B.V. must comply with the Client’s instructions.

As long as the contractual relationship between Tripleblue B.V. and the Client continues, Tripleblue B.V. may use the Client as a reference (for example on the website or in marketing materials) and use the Marks for that purpose. Materials already printed do not need to be destroyed after termination of the contractual relationship.

If a third party takes legal action against Tripleblue B.V. due to the use of the Marks, the Client will fully indemnify Tripleblue B.V. from all claims, including the costs of legal proceedings and reasonable legal assistance.

Tripleblue B.V. will remove any Mark from its website and marketing materials within seven business days after a written request from the Client.

Change of conditions

Tripleblue B.V. reserves the right to amend or supplement these General Terms and Conditions unilaterally. In case of material or significant amendments, Tripleblue will notify the Customer of the intended amendments at least 30 days in advance (e.g. by e-mail or via a notification on AI Agents), unless a shorter period is necessary due to a legal obligation or urgent circumstance. Changes of minor importance (e.g. textual corrections or adjustments due to changes in legislation) may be made with immediate effect; the most up-to-date version of the Terms and Conditions will always be available via Tripleblue B.V.'s website.

To the extent Tripleblue B.V. adds new functionalities, add-ons or services to AI Agents, Tripleblue B.V. reserves the right to apply separate terms, conditions, limitations or fees to these new components, without this being considered a significant change to the Agreement.

New functionalities are deemed not to be part of the original agreement, unless expressly agreed otherwise. The use of such functionalities by the Client shall constitute acceptance of the associated terms and conditions.

If the Customer does not wish to accept a proposed substantial amendment to the terms and conditions, it shall be entitled to terminate the Agreement in writing by the date on which the amended terms and conditions take effect. In that case the Customer must send a written notice of termination to Tripleblue B.V. before that effective date. Continued use of the AI Agents service after the effective date of the amended terms and conditions shall be deemed to be acceptance of those new terms and conditions.

Applicable law and disputes

These General Terms and Conditions, as well as all agreements between Tripleblue B.V. and Customer and all services resulting therefrom, shall be governed exclusively by Dutch law. Any disputes arising from this Agreement or these terms and conditions shall - insofar as not settled amicably by the parties - be submitted to the competent court in the Netherlands. In the first instance the competent court is the court in the district where Tripleblue B.V. has its registered office, unless another court would be competent by mandatory law. Both Tripleblue B.V. and the Principal shall make every effort to resolve disputes in good mutual consultation as much as possible before an appeal is made to the court.