Terms of service
Draft: this text gets a legal review before launch.
1. Who we are
Tideform (tideform.ai) is a service of [Bedrijfsnaam], [Rechtsvorm], registered with the Dutch Chamber of Commerce (KvK) under number [KvK-nummer], located at [Adres]. In these terms we call this "Tideform" or "we". You can reach us at [E-mailadres privacy].
This English text is a translation. If the Dutch and English versions differ, the Dutch version prevails.
2. Definitions
- Client: the company or organisation that gives Tideform an assignment.
- Audit: Tideform's AI process audit: interviews with the client's employees by an AI interviewer and a report with processes, hours and automation opportunities.
- Admin link: the personal link the client uses to manage the audit.
- Employee: a person who works for the client and whom the client invites for an interview.
- Report: the final report of the audit.
- Agreement: the arrangement between the client and Tideform, including the quote or order confirmation, these terms and the data processing agreement.
3. Businesses only
- Tideform only supplies businesses and organisations acting in the course of a profession or business. We do not enter into agreements with consumers.
- Anyone who requests a call or gives an assignment on behalf of the client confirms that they may represent the client.
4. Scope of these terms
- These terms apply to all quotes, assignments and agreements of Tideform.
- The client's own general terms do not apply. We expressly reject them.
- Deviations only apply if we have agreed them in writing (email included).
- We make these terms available before or when the agreement is made, including on our website, so the client can save them.
- If a provision is invalid, the other provisions remain in force. We then replace the invalid provision with a valid one that comes as close as possible.
5. How an assignment is made
- The client requests an intake call through the form on our website. That call is without obligation.
- After the call we send a quote or order confirmation. The agreement is made when the client accepts it, in writing or by email.
- A quote is valid for 30 days, unless it says otherwise.
6. What the audit includes
- After the start we create the audit. The client receives an admin link.
- The client enters the first names of employees and, if they want, their role. The client then sends each employee a personal link.
- An employee talks with an AI interviewer for about 20 minutes, by voice or by typing, in Dutch or English. The interviewer says at the start that it is an AI.
- At the end the employee sees their own summary. They can change, remove or add tasks. Only approved interviews count in the report.
- The report shows processes, hours and automation potential per role and per department, combined. Quotes are linked to a role, never to a name. The client does not see transcripts. In the admin area the client sees the first name and status of each employee.
- Tideform gives no scores or ratings of people, does not recognise emotions and makes no automated decisions about people.
7. Prices and payment
- For an audit the client pays a fixed fee per audit. All prices exclude VAT.
- Build & run is offered through a separate quote, with the monthly price, the minimum term and the notice period. The prices and conditions in that quote apply, supplemented by these terms.
- If the client starts Build & run within 30 days after we go through the report together, we credit the price of the audit in full against the first month.
- Licences and usage of third-party services, such as Claude by Anthropic, are contracted and paid for by the client, unless we agree otherwise in writing.
- We invoice as stated in the quote. If nothing is stated, we invoice at the start of the audit.
- The payment term is 14 days after the invoice date.
- If the client does not pay on time, the client is in default without notice and owes the statutory commercial interest (article 6:119a Dutch Civil Code). Reasonable collection costs are for the client's account.
- If payment is overdue, we may suspend our work until payment is made.
8. What we ask of the client
The client:
- informs its employees in advance about the audit, its purpose and what happens with their data, and allows them not to take part or to stop;
- ensures a valid legal basis under the GDPR and checks whether a data protection impact assessment (DPIA) is needed;
- checks whether the works council or staff representation has a right of consent (including article 27(1)(k) and (l) of the Dutch Works Councils Act) and arranges this before employees are invited;
- only enters the data that is needed: a first name and, optionally, a role;
- keeps the admin link secret and only shares it with people who manage the audit for the client. Whoever has the link has access. If the link falls into the wrong hands, the client reports this right away so we can take action;
- sends each employee only their own personal link.
9. Permitted use
- The client uses Tideform and the report only to improve its processes and find opportunities for automation.
- The client does not use Tideform or the report to assess individual employees, measure their performance, monitor them or make decisions about them (such as on pay, promotion or dismissal). The client also does not try to find out which employee is behind a quote or a data point.
- The client does not try to misuse, hack or overload the service or get around its security.
- If the client acts against this article, we may suspend access. The client still owes the fee.
10. AI
- Tideform uses Claude, an AI model by Anthropic. In production this runs through Google Cloud Vertex AI in the EU. During testing we use Anthropic's API directly; the app then shows "test mode". Client audits run in production.
- We turn employees' speech into text on our own server. We delete the audio file right after.
- AI makes mistakes. The report is an estimate based on what employees tell. Hours and savings are estimates, not guarantees. The client decides for itself what to do with the report.
11. Timelines
Timelines we give are estimates and not strict deadlines. The lead time also depends on how quickly employees complete their interview. If we are delayed, we let the client know as soon as possible.
12. Cancellation and termination
- If the client cancels an audit before we have created it, we charge nothing, unless the quote says otherwise.
- If the client cancels later, the fee remains due, unless we agree otherwise in writing.
- A subscription runs as stated in the quote. If nothing is stated, either party can end it monthly with one month's notice.
- Either party may end the agreement immediately if the other goes bankrupt, is granted a suspension of payments, or fails to meet an important obligation after a written notice of default with a reasonable period to fix it.
- After the agreement ends, we delete personal data as set out in the data processing agreement.
13. Intellectual property
- All rights in Tideform, the software, the questions, the method and the design of the report remain with Tideform or our licensors.
- After payment the client receives a perpetual, non-exclusive right to use the report within its own organisation, including with its own advisers.
- The data entered by the client and its employees remains the client's.
14. Confidentiality
Both parties keep the other's confidential information secret and only use it for the agreement. This does not apply to information that is already public or that a party must share by law. This duty continues after the agreement ends.
15. Privacy
- For the interviews the client is the controller and Tideform is the processor. Our data processing agreement applies to this and is part of the agreement.
- For website data, call requests and the client's contact persons, Tideform is the controller. Our privacy statement applies to this.
16. Liability
- Tideform is only liable for direct damage resulting from an attributable failure.
- Our liability per event (a series of related events counts as one) is limited to the amount the client paid for the relevant assignment in the 12 months before the event, excluding VAT.
- We are not liable for indirect damage, such as consequential loss, lost profit, missed savings, loss of data or damage from business interruption.
- We are not liable for decisions the client makes based on the report.
- These limits do not apply if the damage was caused by intent or deliberate recklessness of Tideform or its management.
- The client must report damage in writing within 12 months after discovering it. Otherwise the right to compensation lapses.
- The client indemnifies Tideform against claims of third parties, including employees, that result from not complying with article 8 or 9.
17. Force majeure
We are not liable if we cannot meet our obligations due to force majeure. This includes a failure at a supplier we depend on, such as our hosting or AI provider, an internet or power failure, or a cyber attack. If force majeure lasts longer than 60 days, either party may end the agreement in writing.
18. Changes
We may change these terms. Changes do not apply to an audit that is already running. For a subscription we announce a change at least 30 days in advance. If the client does not agree, it may end the subscription as of the date the change takes effect.
19. Governing law and disputes
- Dutch law applies to the agreement.
- We first discuss any dispute with each other to find a solution together.
- If that does not work, the competent court in the district where Tideform is located decides.
20. Contact
- [Bedrijfsnaam], [Rechtsvorm]
- [Adres]
- KvK: [KvK-nummer]
- Email: [E-mailadres privacy]
Version: [Datum]