General Terms and Conditions
Last updated: June 19, 2025
These General Terms and Conditions (“Terms”) govern access to and use of the services provided by Bigmind B.V., a private limited company (besloten vennootschap met beperkte aansprakelijkheid), incorporated under Dutch law, having its statutory seat in Amsterdam, the Netherlands, and registered with the Dutch Chamber of Commerce under number 76900000 (“Bigmind,” “we,” “our”).
These Terms apply to all services provided by Bigmind to its business customers (each, a “Customer,” “you”). By executing an Order Form, creating an account, or otherwise accessing or using the Services, the Customer agrees to be bound by these Terms.
1. Definitions
- Services: The cloud-based software-as-a-service platform and any associated services made available by Bigmind.
- Customer Data: All data, content, and information submitted to or generated by use of the Services by or on behalf of Customer.
- Order Form: The ordering document (electronic or written) agreed between the parties that specifies the scope, fees, term, and any other commercial terms.
2. Access and Use
Subject to payment of applicable fees and compliance with these Terms, Bigmind grants Customer a non-exclusive, non-transferable, and time-limited right to access and use the Services solely for Customer's internal business operations.
Customer is responsible for managing user access and ensuring all authorized users comply with these Terms. Customer is solely responsible for the confidentiality and security of its account credentials.
Customer shall not:
- modify, decompile, disassemble, or reverse engineer any part of the Services;
- use the Services to store or transmit infringing, unlawful, or malicious material;
- interfere with or disrupt the integrity or performance of the Services;
- permit access to the Services by a competitor of Bigmind, unless explicitly authorized in writing.
3. Service Availability and Support
Bigmind will use commercially reasonable efforts to ensure the continuous availability of the Services. Customer acknowledges that the Services may be temporarily unavailable due to maintenance, upgrades, or force majeure events. Bigmind will use reasonable efforts to provide advance notice of planned downtime.
4. Fees and Payment Terms
All fees are specified in the applicable Order Form and are exclusive of VAT and any other applicable taxes or levies.
Invoices are payable within thirty (30) days of the invoice date. Customer shall not withhold payment or set off amounts.
If any amount remains unpaid after the due date, Bigmind may (i) charge statutory interest in accordance with Dutch law, and (ii) suspend access to the Services following a notice period of at least seven (7) days.
5. Term and Termination
The initial subscription term shall be as specified in the Order Form and shall renew automatically for additional one (1) year periods, unless either party gives written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Either party may terminate the agreement with immediate effect by written notice if the other party materially breaches these Terms and fails to remedy such breach within thirty (30) days of notice.
Upon termination or expiry, Customer's access to the Services shall cease. Bigmind will delete all Customer Data within thirty (30) days unless legally required to retain it.
6. Data Security and Processing
As between the parties, Customer owns all right, title, and interest in and to Customer Data.
Bigmind will not access or use Customer Data except as necessary to provide the Services or comply with legal obligations. Customer is responsible for ensuring it has all rights and consents required to submit Customer Data.
Bigmind shall implement and maintain appropriate technical and organizational security measures designed to protect Customer Data against unauthorized or unlawful processing and accidental loss, destruction, or damage.
7. Confidentiality
Each party shall treat all non-public business, technical, or financial information disclosed by the other party as confidential and shall not disclose such information to any third party except as permitted herein or required by law.
This confidentiality obligation shall survive for three (3) years following termination of the agreement.
8. Limitation of Liability
Bigmind's total liability arising out of or in connection with these Terms or the Services, whether in contract, tort or otherwise, shall not exceed the total amount paid by Customer to Bigmind in the twelve (12) months preceding the event giving rise to the liability.
In no event shall Bigmind be liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, or data loss.
No exception to this clause shall apply in respect of data security breaches.
9. Changes to Terms
Bigmind may revise these Terms from time to time. Any such changes will take effect thirty (30) days after posting the updated Terms on the Bigmind website and notifying Customer via the Bigmind dashboard. Continued use of the Services after such effective date shall constitute acceptance of the updated Terms.
10. Miscellaneous
These Terms and the Order Form constitute the entire agreement between the parties and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
If any provision of these Terms is held to be invalid or unenforceable, the remainder shall remain in full force and effect.
Customer may not assign or transfer any of its rights or obligations under these Terms without prior written consent of Bigmind. Bigmind may assign or transfer its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.
These Terms are governed by Dutch law. Any disputes shall be submitted to the competent court in Amsterdam, the Netherlands.
Contact
For any questions regarding these Terms, please contact team@bigmind.ai
Last updated: June 19, 2025
Bigmind B.V.
KvK: 76900000
Netherlands