Article 1 – Definitions and applicability
These Terms of Service (“Terms”) apply to all offers, agreements, and services provided via the VeritasAI platform (“VeritasAI”), a trade name of Nekst IT B.V. (”Nekst IT”) , located at Westluidensestraat 55, 4001 NE Tiel, The Netherlands.
By using the website https://veritasai.ai or its SaaS services, by user (“Client”) and/or any person working for Client on behalf of Client, acknowledge having read and accepted these Terms.
Article 2 – Services and Agreement
VeritasAI provides an online platform that allows Clients to test AI models, generate reports, and perform performance and compliance analysis (“the Service”).
An agreement (“Agreement”), including the Terms, is concluded after digital registration or written confirmation by Nekst IT and acceptance- of the 1) Terms and 2) Privacy statement and 3)Data Processing Agreement and payment for the Service has been received by Nekst IT. Nekst may refuse a request for the Service without giving any reasons. Furthermore Nekst IT reserves the right to modify or discontinue the Service at any time, taking reasonable interests of the Client into account. Any deviation is only valid if explicitly confirmed in writing by Nekst IT.
Article 3 – Obligations of Client
Client guarantees and acknowledges that all provided information is correct, and that Client is responsible for the safe use of API keys and credentials, and the Service shall not be uses for unlawful purposes.
Article 4 – Data Processing Agreement and confidentiality
Nekst IT will treat all data received in the context of the Agreement as confidential. Personal data are processed in accordance with the General Data Protection Regulation (GDPR).
API keys and related business information are stored in encrypted form using modern cryptographic techniques. A Data Process Agreement (“DPA”) is part of the Agreement. Nekst IT is not liable for any loss of data, unless there is intent or gross negliance. After termination of the Agreement Nekst IT the data will be handled in accordance with the Nekst IT Privacy Statement.
Article 5 – Intellectual Property, restrictions and obligations
All intellectual property rights relating to software, reports, and documentation remain the property of Nekst IT or its licensors. Client is granted a limited, non-exclusive, non-transferable and non-sublicensable right to only use the Service for the duration of the agreement and revocable by Nekst IT at any time. Client never obtains more rights, than the strictly necessary right of use
Client may not:
VeritasAI. In the event of a violation, Nekst UT is entitled to immediately block access and claim full damages.
Client is fully responsible for all people working on behalf of Client and their actions. Client guarantees that use of the VeritasAI. does not violate laws and regulations, rights of third parties or security standards. Client indemnifies Nekst IT against all claims from third parties arising from the use of the VeritasAI by Client.
Article 6 – Availability, maintenance and changes
Nekst IT provides the Software “as is” and “as available“. No guarantee is given with regard to operation, suitability, completeness or results. Nekst IT may change, expand, limit, replace or terminate VeritasAI at any time without prior notice. Interruptions, malfunctions or changes do not entitle Client to compensation, refund, dissolution or suspension. Any Service Level Agreement(s) (“SLA”) only applies if explicitly agreed in writing.
Article 7 – Fees and payment
All fees are exclusive of VAT. Payment must be made within fourteen (14) days of the invoice date. In case of late payment, Nekst IT is entitled to charge statutory interest and suspend access to the Service. For Clients based outside the Netherlands the VAT reverse charge applies and the Client VAT-no must be presented by Client to Nekst IT, before an Agreement can be drafted.
In case of any late payment:
Nekst IT may unilaterally change rates annually, price changes of up to 15% per year do not entitle Client to termination. All license fees are non-refundable, regardless of use.
Article 8 – Liability
Nekst IT is only liable for direct damage that is demonstrably and exclusively the result of intent or gross negligence on the part of Nekst IT. Any liability is limited to the amount paid by Client in the last 2 months prior to the damage, with a maximum total of € 2.500,-
Nekst IT is never liable for:
All claims shall be barred (vervallen) after 30 (thirty) days of the occurrence of the damage.
Article 9 – Force Majeure
Force majeure shall in any case include: network failures, attacks, government measures, pandemics, strikes, supplier problems, cloud failures, third-party software bugs and other circumstances beyond the control of Nekst IT. During force majeure, obligations will be suspended. Client is not entitled to dissolution or compensation.
Article 10 – Termination and amendments
Either party may terminate the Agreement in writing, by giving one calendar month’s notice towards the end of the month. Nekst IT may terminate the Agreement with immediate effect in the event of:
Upon termination, no refund will be made of amounts already paid, regardless of reason.
Nekst IT reserves the right to amend these Terms, which will take effect 30 (thirty) days after notification.
Article 11– Confidentiality
Both parties shall keep confidential information confidential. Nekst IT may share information with subcontractors if necessary for the provision of services, provided that they guarantee comparable confidentiality.
Article 12 – No Legal Advice and disclaimer
Article 13 – Governing law and competent court in case of disputes
The Agreement, the Service and any offers by Nekst IT, are governed by Dutch law. Any disputes shall be submitted exclusively to the competent court in Arnhem, The Netherlands.
Article 14 –Final provisions
If any provisions prove to be null and void, other provisions will remain in full force and effect. Nekst IT may formulate a substitute provision. Client may only transfer rights or obligations with prior written consent of Nekst IT. Nekst IT may freely transfer its rights and obligations to an affiliated party.