General Terms and Conditions Aizy B.V.
Aizy B.V. is established at Van de Reijtstraat 30, 4814 NE in Breda and registered in the Trade Register of the Chamber of Commerce under number: 95180672.
Aizy B.V. manages and optimizes your social media and Google advertisements by means of AI-driven marketing automation software and offers support to entrepreneurs for automating social media and Google Ads.
In these general terms and conditions, you can read under which conditions you can make use of our services. We have tried to use as few complicated legal terms as possible in these conditions. If any parts are still unclear, please feel free to contact us at finance@aizy.nl.
Article 1 – Definitions
The same terms are used throughout these general terms and conditions. In this article, you can therefore read what is meant by the various terms:
Aizy B.V.: the party providing the service and therefore the user of these general terms and conditions.
Customer: the company or organization that uses or wishes to use the services of Aizy B.V. and enters into a subscription for this purpose.
Subscription: the continuing agreement that the Customer enters into with Aizy B.V. in order to use the services of Aizy B.V.
Service(s): the services that Aizy B.V. will perform for the Customer and for which an agreement is concluded.
Cloud software: the AI-driven marketing automation software with which Aizy B.V. performs the Service.
In Writing: both traditional written communication and digital communication via email.
Office Hours: Monday through Friday from 08:30 to 17:00, excluding nationally recognized public holidays.
For readability of these general terms and conditions, the ‘Customer’ is also referred to as ‘you/your,’ and the parties together are also referred to as ‘Parties’ or individually as a ‘Party’.
Article 2 – When do these general terms and conditions apply?
These general terms and conditions apply to the use of Aizy B.V.’s services and to all Subscriptions, agreements, and invoices of Aizy B.V.
These general terms and conditions apply for the benefit of all directors, partners, employees, and (potential) partners or other persons who use Aizy B.V.’s Services on behalf of the Customer.
Any general terms and conditions used by the Customer, regardless of their name, are expressly not applicable to the agreement between the Parties.
If the Customer enters into a Subscription, Aizy B.V. assumes that the Customer is familiar with these general terms and conditions and agrees with their contents.
Deviations from and additions to these general terms and conditions only apply if expressly accepted by Aizy B.V. in Writing.
These general terms and conditions also apply to Subscriptions that are upgraded or downgraded and to renewed Subscriptions.
Aizy B.V. may amend these general terms and conditions from time to time. Only if a change affects the Customer’s rights or obligations will Aizy B.V. inform the Customer in Writing in advance. Minor or editorial changes are excluded from this.
If one or more provisions of these general terms and conditions are found to be null and void or voidable (invalid), the remaining provisions remain fully applicable. In that case, the Parties will agree on a new provision that resembles the invalid provision as closely as possible in purpose and scope.
If the content of these general terms and conditions conflicts with an agreement concluded between the Parties, the content of the agreement takes precedence over these general terms and conditions.
The products and services of Aizy B.V. are intended solely for business Customers.
Article 3 – Offer
If an offer from Aizy B.V. has a limited validity period or if conditions are attached to the offer, this will be expressly stated in the offer.
We assume that the data provided by the Customer to Aizy B.V. is accurate, complete, and up to date.
Quoted prices are always exclusive of VAT and expressly exclusive of media spend (advertising budget).
The content of the agreement consists exclusively of what is described in the offer and/or the agreement.
Additional agreements or implemented changes are only valid if agreed by the Parties in Writing.
The Customer cannot hold Aizy B.V. to obvious mistakes or clerical errors in the offer or programming and/or typographical errors on our website or social media channels.
After the validity period of a promotion or offer has expired, the Customer can no longer claim the promotional rate or promotional conditions associated with that offer.
Article 4 – How is the agreement concluded?
To use the Services, the Customer enters into a Subscription. The Subscription is concluded by signing the service agreement. These general terms and conditions apply to the service agreement.
If a free month is granted when entering into the agreement, this applies only to the first month of the Subscription. After that, the Subscription will automatically continue as a paid Subscription in accordance with the agreed rates, unless the Parties have agreed otherwise in Writing.
The Parties agree that all commonly used means of communication at that time, such as email, may be used for communication.
Aizy B.V. takes appropriate technical and organizational measures to secure electronic data transfer.
In the event of sale or takeover of (part of) our business activities, we have the right to transfer the agreement to a third party. Of course, you will be informed of this in advance.
Article 5 – What can you expect from us?
Aizy B.V. will make every effort as a careful service provider to ensure that the Customer can make optimal use of the Services. Aizy B.V. uses its knowledge, experience, and tools to the best of its insight and ability to provide the Service. Although the Services generally lead to good results, Aizy B.V. cannot guarantee that the Customer will achieve the desired result at all times. The outcome also depends on external factors such as third-party systems and human actions. Aizy B.V. is therefore not obligated to achieve a specific result.
If the Customer wishes, Aizy B.V. may, upon request, provide a report containing the results over a period to be determined.
Naturally, Aizy B.V. handles information shared by the Customer safely and responsibly.
For maintenance, adjustments, and improvements of systems, the Cloud software may be (temporarily) taken out of service or its use may be limited. Aizy B.V. has no influence over this.
Support is available during Office Hours.
Aizy B.V. may engage third parties in performing the Service. Sections 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code are expressly not applicable. This agreement also applies with respect to third parties engaged by Aizy B.V.
The Customer is aware that Aizy B.V. also works for other customers. These may include companies competing with the Customer.
Results generated by the Cloud software, including recommendations, optimizations, and automations, are based on data analysis and algorithms. Aizy B.V. gives no guarantee regarding specific performance, revenue, conversions, or return.
Any implementation periods communicated by Aizy B.V. are indicative and cannot be considered strict deadlines.
Article 5a – Use of the Cloud software
1. Aizy B.V. provides the Customer (if agreed) with access to the Cloud software for the duration of the Subscription.
2. The Customer is responsible for managing user accounts and keeping login details confidential.
3. Aizy B.V. may carry out maintenance, updates, and improvements. As a result, the Cloud software may be temporarily unavailable or only partially available.
4. If the Cloud software performs automations or scripts within advertising platforms (such as Google Ads or Meta), this occurs exclusively within the access granted by the Customer. The Customer remains responsible at all times for budgets, advertisements, settings, and results.
5. Aizy B.V. may temporarily suspend access to the Cloud software if necessary for security, maintenance, misuse, or payment arrears.
Article 6 – Your obligations
You must provide, at your own risk, proper equipment and facilities (computer, smartphone, tablet, apps, website, and software, etc.) in order to use our Services.
The Customer is responsible for creating and providing content, unless the agreement expressly states that Aizy B.V. will perform these activities (in part). The services of Aizy B.V. relate exclusively to campaign optimization and automation, not content creation.
If the creation and design of advertisements are not included in the performance of the Assignment, you must provide the content to us in a timely manner.
You will provide all information and cooperation required to use Aizy B.V.’s Services in a timely manner.
This includes, among other things, but not exclusively, granting Aizy B.V. timely access to your Google Ads account and your Meta Business Manager.
If the start or execution of the Service is delayed because you do not provide access, required permissions, or content in time, Aizy may postpone execution of the Service. Any additional costs will be at your expense.
Article 7 – Term and termination of Subscription
A Subscription has an initial term of twelve (12) months. After this period, the Subscription is automatically converted into an ongoing Subscription that can be terminated monthly, subject to a notice period of one (1) calendar month.
Termination must be made in Writing via Opzeggingen@aizy.nl.
The Subscription has a fixed initial term of twelve (12) months and cannot be terminated prematurely during this period. After the initial term, the Subscription is automatically converted into an ongoing Subscription that can be terminated monthly, subject to a notice period of one (1) calendar month.
After termination of the Subscription, the Customer must revoke the access and permissions that the Customer has granted to Aizy B.V. in its Google Ads account and Meta Business Manager.
Subscriptions can be upgraded at any time. Downgrading is possible at the end of the subscription term. In case of an upgrade, an additional fee will be charged. In case of a downgrade, no refund will be made of amounts already paid. Please note that with a downgrade certain services may no longer be accessible.
Aizy B.V. may choose to no longer offer a Subscription. In that case, Aizy B.V. may terminate the Subscription with a notice period of one (1) calendar month.
Aizy B.V. has the right to terminate the Subscription with immediate effect and without court intervention if the Customer acts contrary to the obligations under these general terms and conditions, including failure to pay invoices (on time). This right also applies in the event of bankruptcy or suspension of payments of the Customer, or if a supplier of Aizy B.V. ceases delivery as a result of which Aizy B.V. can no longer fulfill its obligations.
Article 8 – Rates and payment
Aizy B.V. has the right to change rates. A proposed rate change will be communicated to the Customer in Writing no later than thirty (30) calendar days before it takes effect.
Aizy B.V. is entitled to increase rates annually. The amount of this adjustment is determined by Aizy B.V. based on market developments, rising costs, or other business-economic grounds. An annual price adjustment under this article is not considered a rate change within the meaning of this article and does not give the Customer the right to terminate the Subscription.
To use Aizy B.V.’s Services, the Customer pays a monthly fee.
This fee is collected monthly by direct debit. When entering into the Subscription, the Customer authorizes Aizy B.V. to collect the fee by direct debit.
If Aizy B.V. does not receive a payment on time or a payment is reversed for invalid reasons, the Customer is in default by operation of law. Aizy B.V. then has the right to charge statutory commercial interest and collection costs. Collection costs amount to ten percent (10%) of the outstanding amount with a minimum of two hundred fifty euros (€250.00). In addition, Aizy B.V. has the right to suspend the Service or terminate the Subscription until you have met your payment obligation. In that case, Aizy B.V. is not liable for any damage suffered by the Customer as a result.
Objections by the Customer to the amount of the fee do not suspend the payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payments of the Customer, claims that Aizy B.V. has against the Customer become immediately due and payable.
The Customer is not permitted to set off amounts.
Article 9 – Guarantees, liability, and indemnity
The Customer remains responsible at all times for checking entered budgets and created content. Aizy B.V. cannot be held liable for errors in budgets, texts, images, or other content.
In performing the Service, Aizy B.V. uses third-party software and tools. Aizy B.V. therefore cannot guarantee that all Services and the Cloud software are usable and/or accessible at all times.
Achieving formulated objectives also depends on the algorithm of social media channels, advertising platforms and search engines, the quality and availability of required software and tools, third-party guidelines and policies, and people’s browsing behavior. These external factors may affect results and Aizy B.V.’s methods. Because Aizy B.V. has no influence over this, Aizy B.V. cannot guarantee the success of digital media, including a specific number of likes, new followers, leads, views, and conversions.
For performing the Service, Aizy B.V. depends on the availability and functionality, and on the policies and guidelines of advertising platforms. Aizy B.V. will of course take these policies and guidelines into account when performing the Service. Advertising platforms mainly use automated technology to assess advertisements. Aizy B.V. expressly has no influence on that assessment. The Customer therefore cannot hold Aizy B.V. liable for rejections and restrictions by the advertising platform.
Aizy B.V. is only liable for direct damage and up to a maximum of the amount paid by the Customer in the six (6) months prior to the damage. Aizy B.V. is not liable for indirect damage, such as loss of profit or revenue, missed savings, reputational damage, or business interruption. This limitation does not apply in cases of intent or deliberate recklessness on the part of Aizy B.V.
Under no circumstances is Aizy B.V. liable for an amount higher than the amount paid out under Aizy B.V.’s liability insurance.
If a third party suffers damage because the Customer has not complied with these general terms and conditions, the Customer is responsible for that damage and indemnifies Aizy B.V. against that damage.
Aizy B.V. is not liable for damage arising from reliance on incorrect or incomplete data provided by or on behalf of the Customer.
Aizy B.V. is not liable for damage resulting from disruptions, changes, or limitations of advertising platforms, algorithm updates, or technical changes by third parties.
Aizy B.V. is also not liable for damage caused by disruptions in electronic services of third parties such as providers, network operators, advertising platforms, and telecommunications services.
By way of deviation from the statutory limitation period, all claims related to these general terms and conditions are subject to a limitation period of twelve (12) calendar months after termination of the Service.
The liability limitations mentioned in this article do not apply in the event that Aizy B.V. caused the damage through intent or deliberate recklessness.
Article 10 – Force majeure and unforeseen circumstances
If Aizy B.V. cannot provide the Service due to force majeure or an unforeseen circumstance, Aizy B.V. is not obliged to provide the Service.
Force majeure or an unforeseen circumstance includes, among other things but not exclusively:
a. failure of or disruptions in telecommunications or internet connection;
b. non-delivery or defective delivery by suppliers of Aizy B.V.If a situation described in paragraph 2 continues for more than sixty (60) calendar days, both Parties have the right to terminate the agreement without being liable for damages.
Article 11 – Intellectual property rights
All texts, images, logos, videos, and other materials that Aizy B.V. publishes on its website, social media channels, or shares as part of the collaboration, are the property of Aizy B.V. These may not be copied, shared, or otherwise used without prior Written permission from Aizy B.V.
Aizy B.V. gets access to the Customer’s advertising channels, data, and content to manage and optimize campaigns. The Customer’s content, data, and campaigns remain fully the property of the Customer. Aizy B.V. uses these exclusively for performing the agreed Services and will not use them for other purposes.
If Aizy B.V. must use a third party’s intellectual property rights at the Customer’s request and that third party is not a party to this agreement, the Customer will obtain the required consent from that third party.
When supplying content for performing the Service, the Customer guarantees not to act in violation of third-party intellectual property rights.
The Customer indemnifies and holds Aizy B.V. harmless from third-party claims related to infringements of third-party intellectual property rights resulting from the Customer’s failure to comply with this article.
Aizy B.V. may place (reference) images on its website and social media channels and use the Customer’s logo and trade name and/or brand name for this purpose, unless the Customer indicates before the start of the Service that they do not agree to this.
If the Customer acts in violation of this article, Aizy B.V. has the right to charge the Customer for the damage suffered as a result.
Article 12 – Customer data
1. All data, content, and advertising accounts of the Customer remain the property of the Customer.
2. The Customer grants Aizy B.V. the right to process this data insofar as necessary for execution of the agreement, support, security, and product improvement.
3. For product improvement, Aizy B.V. exclusively uses aggregated and/or anonymized data.
4. After termination of the Subscription, the Customer may request an export of available Customer data. Aizy B.V. will then delete or anonymize Customer data within a reasonable period, subject to statutory retention obligations.
Article 13 – Complaints
If the Customer is not satisfied with Aizy B.V.’s services or has a complaint about the performance of the Service, the Customer must report this as soon as possible, but no later than fourteen (14) calendar days after it arose, fully and clearly described in Writing via info@aizy.nl.
Article 14 – Privacy and the processing of personal data
These general terms and conditions and all agreements and Subscriptions are also subject to Aizy B.V.’s privacy and cookie statement. This can be consulted via the website www.aizy.nl.
The privacy and cookie statement explains how Aizy B.V. handles personal data. Aizy B.V. will only store and use personal data provided by the Customer for the purposes described in the privacy and cookie statement.
With regard to the processing of personal data within the Cloud software, Aizy B.V., insofar as it processes personal data on behalf of the Customer, acts as a processor within the meaning of the GDPR. Aizy B.V.’s data processing terms apply to these processing activities. These can be consulted via the website.
Article 15 – Applicable law and choice of forum
All agreements and Subscriptions entered into and to be entered into by Aizy B.V., and these general terms and conditions, are exclusively governed by Dutch law.
All disputes between Parties will be resolved mutually as much as possible. If this is not possible, disputes will be submitted to the competent court of the Zeeland-West-Brabant District Court, unless mandatory statutory provisions prevent this. This also applies to disputes that are regarded as disputes by only one of the Parties.
Data Processing Terms Aizy B.V.
Aizy B.V. is established at Van de Reijtstraat 30, 4814 NE in Breda and registered in the Trade Register of the Chamber of Commerce under number: 95180672.
When using Aizy B.V.’s Cloud software, personal data may be processed. Under the General Data Protection Regulation (GDPR), Aizy B.V. is regarded as a ‘processor’. As user of the Cloud software, you have the role of ‘controller’. This means that you are and remain responsible for the personal data you make available to Aizy B.V.
Pursuant to Article 28(3) GDPR, the processor (Aizy B.V.) and the controller (you) are required to make arrangements regarding the processing of personal data so that the privacy of data subjects whose personal data is concerned is safeguarded.
These data processing terms set out the agreements regarding data processing.
The agreement that Aizy B.V. has concluded with you for the use of the Cloud software (the SaaS agreement) is referred to in these data processing terms as the ‘Main Agreement’. For the other terms, reference is made to Article 1 of the general terms and conditions.
Article 1 – Duration of these data processing terms
These data processing terms remain applicable to the Main Agreement throughout the entire term of the Main Agreement. This means that the data processing terms cannot be terminated prematurely.
Upon termination of the Main Agreement, these data processing terms also end automatically. Because the personal data being processed remains yours, Aizy B.V. will ensure that the personal data is returned to you in original form or destroyed after termination of these data processing terms. This does not apply to data that Aizy B.V. is legally required to retain.
The agreements in Article 5 confidentiality and Article 9 liability and indemnity of these data processing terms remain in force even after termination of these data processing terms.
Article 2 – Purpose, nature, and subject of processing
Aizy B.V. offers Cloud software with which social media and Google Ads can be automated. In this software, personal data from social media advertising accounts linked to Aizy B.V. customers is stored via a pixel. This concerns the following personal data:
hashed IP addresses;
browser type and version;
operating system;
referral source (e.g., website or page that led the user to the customer’s website);
pages visited on the customer’s website;
date and time of visit;
clicks on links and buttons on the customer’s website;
interactions with forms on the customer’s website (e.g., search queries or form submissions);
other similar anonymous data that can be used for analysis and marketing purposes.
Aizy B.V. processes this personal data only insofar as necessary for the performance of the Main Agreement. The purpose of processing is to automate social media and Google ads.
Aizy B.V. may also use personal data for quality assurance purposes, including conducting surveys among data subjects, statistical research for the quality of Aizy B.V.’s services and/or the software supplier, and training the artificial intelligence and algorithms of the Cloud software.
Aizy B.V. may process personal data for other purposes only if you have given prior Written consent. However, if additional functionalities are offered in the future that fall within the purposes mentioned in paragraph 2, this falls within the assignment of the Main Agreement and Aizy B.V. does not need to request additional consent.
Article 3 – Processing of personal data
Aizy B.V. will exercise all due care in processing personal data and comply with applicable privacy legislation, including the GDPR.
Aizy B.V. will not process personal data in violation of any legal obligation.
Aizy B.V. processes personal data only within the European Economic Area (EEA). If Aizy B.V. does transfer personal data to a country outside the EEA, this will only occur if that country guarantees an adequate level of protection and complies with the obligations under the GDPR and these data processing terms. If you yourself transfer personal data to countries outside the EEA, you indemnify Aizy B.V. against all legal claims from third parties alleging that this is in violation of the GDPR.
Aizy B.V. ensures that you retain access to personal data at all times, including in the event of bankruptcy or suspension of payments.
Aizy B.V. maintains a register of personal data processed on your instructions (record of processing activities). Upon your request, Aizy B.V. will provide you with insight into this register.
Article 4 – Engagement of third parties (sub-processors)
Aizy B.V. may engage so-called sub-processors when processing personal data. These are persons or organizations engaged for performance of the Main Agreement, such as the software supplier.
Aizy B.V. currently works with AWS and Data Bricks. By agreeing to these data processing terms, you give consent to this.Aizy B.V. only uses sub-processors that can provide sufficient guarantees that they implement appropriate security measures so that processing of personal data complies with GDPR requirements and the protection of data subjects’ rights is safeguarded.
Aizy B.V. remains responsible and liable for the acts of sub-processors engaged by Aizy B.V.
Article 5 – Confidentiality
All personal data that Aizy B.V. receives from you and/or collects itself is subject to strict confidentiality towards third parties.
Aizy B.V. is not obligated to confidentiality if Aizy B.V. is required by law to share personal data or if you have expressly given permission to share personal data with third parties.
Confidentiality also does not apply in the case of sub-processing. Aizy B.V. ensures that engaged sub-processors observe confidentiality and maintain the same level of security with regard to protection of personal data. Confidentiality is also imposed on Aizy B.V.’s personnel.
All login codes, passwords, and information about security measures provided by you to Aizy B.V. are confidential and will also be treated as such by Aizy B.V.
Article 6 – Security
Aizy B.V. will take appropriate and adequate measures to protect personal data processed by Aizy B.V. against loss, modification, deletion, or unauthorized access. Aizy B.V. does this, among other things, by regularly making backups, using strong passwords, encrypting personal data, and using a secure network connection via Secure Socket Layer (SSL).
You, in turn, guarantee that you use our Cloud software responsibly.
The measures taken by Aizy B.V. comply as much as possible with Article 32 GDPR. This means that when implementing security measures, Aizy B.V. takes into account the state of the art, implementation costs, nature, scope, context, processing purposes, and the likelihood and severity of varying risks to individuals’ rights and freedoms. However, Aizy B.V. cannot guarantee that the implemented security measures are effective under all circumstances.
If you require a higher security level than prescribed by the GDPR, Aizy B.V. may charge you reasonable costs for this.
In the event of a security incident (data breach), Aizy B.V. will notify you within forty-eight (48) hours after discovery. Aizy B.V. will also provide you with all data that Aizy B.V. is required to provide under the GDPR. Naturally, Aizy B.V. will attempt to remedy the consequences of the security incident as quickly as possible. It is then your responsibility to assess whether the security incident must be reported to the Dutch Data Protection Authority and to data subjects, and to make that report when required.
Before such a report is made, you will inform Aizy B.V. accordingly. If the Dutch Data Protection Authority decides to start an investigation, Aizy B.V. will of course cooperate with that investigation.
Aizy B.V. records all security incidents in a manner that is accessible to you. This record contains at least the following data:
a description of the security incident;
b. the number of persons affected by the security incident;
c. the date and time of the security incident;
d. the nature of the breach;
e. the type of data affected;
f. the possible consequences for the data subject;
g. the technical and organizational measures taken as a result of the security incident.
Upon your request, Aizy B.V. will provide access to the data breach register.
Article 7 – Rights of data subjects
Aizy B.V. will provide all cooperation for the implementation of rights that data subjects have under the GDPR: request for access, restriction of processing, rectification, erasure, data portability, or objection (Articles 15-22 GDPR).
Aizy B.V. will inform you as controller as soon as possible of a complaint, request, question, or order submitted to Aizy B.V. by a data subject in connection with processing of personal data. Aizy B.V. will not respond to these requests itself but may inform the data subject of the transfer. You are obliged to comply with data subjects’ rights.
Article 8 – Audits and inspections
You have the right to monitor (or have monitored) compliance with these data processing terms. You may do this by conducting (or having conducted) audits up to a maximum of one (1) time per calendar year. You must notify Aizy B.V. of this in Writing no later than fourteen (14) calendar days before commencement.
Aizy B.V. will cooperate with audits and inspections enabling you to verify whether Aizy B.V. complies with obligations under the GDPR. For this purpose, Aizy B.V. will, among other things, grant access to databases and provide all required information upon request. It is not permitted to communicate audit results to third parties without prior Written consent from Aizy B.V.
The costs of audits and inspections requested by you are at your expense.
Article 9 – Liability and indemnity
The Parties mutually indemnify each other against fines and penalty payments imposed by the Dutch Data Protection Authority because it has been established that the other Party does not comply with applicable privacy legislation. In addition, the Parties mutually indemnify each other against claims by data subjects.
Each party is and remains responsible for damage caused by it as a result of violations of laws and regulations.
If Aizy B.V. is liable for damage because such damage is attributable to Aizy B.V., that liability is limited to what is agreed in the Main Agreement.
Article 10 – Other agreements
If during execution of these data processing terms it appears necessary to amend them for proper performance, the Parties will amend the data processing terms in mutual consultation. Amendments will be attached as an appendix to these data processing terms.
If an article of these data processing terms is null and void or voidable (invalid), the remaining provisions of these data processing terms remain applicable. In that case, the Parties will agree in mutual consultation on a new arrangement that aligns as closely as possible in purpose and scope with the original provision.
If a provision of these data processing terms conflicts with the Main Agreement, these data processing terms take precedence over the Main Agreement.
These data processing terms are exclusively governed by Dutch law.
All disputes between Parties will be resolved mutually as much as possible. If this is not possible, disputes will be submitted to the competent court of the Zeeland-West-Brabant District Court, unless mandatory statutory provisions prevent this. This also applies to disputes regarded as disputes by only one of the Parties.