Legal

Terms and conditions — Preliator.ai

Trade name of Voss & Aarnoudse Holding B.V.

Version: 3 October 2026 — Chamber of Commerce (KvK) no.: 64318273 — Registered address: Edisonweg 12A, 2952 AD Alblasserdam

Article 1 — Definitions

In these Terms:

• Preliator / Provider: Voss & Aarnoudse Holding B.V., trading as Preliator.ai, registered in Alblasserdam, the Netherlands, under Chamber of Commerce number 64318273.
• Customer: the legal entity, business, organisation or person acting in the course of a profession or business that enters into an Agreement with Preliator.
• User: a natural person authorised to use the Service on behalf of a Customer.
• Service: the software-as-a-service platform operated by Preliator, including its prospecting, business research, artificial-intelligence, content-generation, email-drafting, integration, automation and related functionality.
• Prospect Data: professional or business-related information concerning potential business contacts or organisations retrieved, submitted, stored, analysed or otherwise processed through the Service.
• AI Output: text, analysis, suggestions, classifications, summaries, drafts or other output generated wholly or partly using artificial-intelligence functionality made available through the Service.
• Customer Data: information, content, instructions, files, credentials, configuration, Prospect Data and other data submitted to or processed through the Service by or on behalf of the Customer.
• Third-Party Service: any service, software, API, model, data source, infrastructure or integration supplied by a third party and used by or connected to Preliator.
• Subscription: a paid or free plan giving the Customer access to specified Service functionality.
• Agreement: the agreement between Preliator and the Customer concerning use of the Service, including these Terms and, where applicable, an Order Form, quotation, Data Processing Agreement or expressly agreed Service Level Agreement.

Article 2 — Business use only

• 2.1 The Service is intended exclusively for professional and business use. It is not offered primarily to consumers.
• 2.2 By creating an account, accepting an Order Form, purchasing a Subscription or otherwise entering into an Agreement, the Customer confirms that it is acting in the course of a profession or business.
• 2.3 A person accepting the Agreement on behalf of an organisation represents that they have sufficient authority to bind that organisation.
• 2.4 The Customer is responsible for ensuring that all Users authorised by it comply with the Agreement.

Article 3 — Applicability and formation of the Agreement

• 3.1 These Terms apply to all offers, quotations, Subscriptions, Orders and Agreements concerning the Service.
• 3.2 The Customer must be provided with or given reasonable electronic access to these Terms before or when entering into the Agreement.
• 3.3 By accepting these Terms electronically, creating a paid account, signing an Order Form or quotation, or otherwise expressly accepting an offer referring to these Terms, the Customer agrees to be bound by them.
• 3.4 The applicability of purchasing conditions or other general terms of the Customer is expressly rejected unless Preliator expressly accepts them in writing.
• 3.5 Deviations from these Terms are binding only if agreed in writing by an authorised representative of Preliator.

Article 4 — The Service

• 4.1 Preliator provides software tools that may enable Customers to:
  1. identify and research businesses and professional contacts;
  2. retrieve and store Prospect Data;
  3. analyse businesses and Prospect Data;
  4. generate content using artificial intelligence;
  5. create personalised business outreach;
  6. create email drafts;
  7. connect third-party accounts and services;
  8. organise prospecting and outreach workflows; and
  9. use other functionality made available by Preliator from time to time.
• 4.2 Available functionality depends on the Customer's Subscription and may change over time.
• 4.3 Preliator provides technology and information tools. Except where expressly agreed otherwise, Preliator does not perform the Customer's business, legal, compliance, marketing or sales decisions on the Customer's behalf.
• 4.4 The Customer remains responsible for deciding how the Service and its outputs are used.

Article 5 — Artificial intelligence

• 5.1 The Service uses artificial-intelligence technologies, including technologies provided by third parties such as OpenAI and Anthropic.
• 5.2 AI systems are probabilistic. AI Output may therefore be inaccurate, incomplete, misleading, outdated, inappropriate or factually incorrect and may contain fabricated or incorrectly inferred information.
• 5.3 AI Output may be similar or identical to output generated for other users. Preliator does not guarantee that AI Output is unique.
• 5.4 Preliator does not warrant the accuracy, originality, completeness, legality, reliability, non-infringement or suitability of AI Output for any particular purpose.
• 5.5 The Customer and User must independently review and, where appropriate, verify AI Output before relying upon, publishing, sending, distributing or otherwise using it.
• 5.6 AI Output does not constitute legal, financial, accounting, tax, medical, employment or other professional advice.
• 5.7 The Customer remains solely responsible for decisions and actions taken on the basis of AI Output.
• 5.8 Preliator is not liable merely because AI Output contains an error, hallucination, omission, outdated information or other inaccuracy, subject always to Article 23 and mandatory applicable law.
• 5.9 The Customer is responsible for complying with any transparency, disclosure, human-oversight or other obligations applicable to its use of AI Output under the EU Artificial Intelligence Act or other applicable law.

Article 6 — Prospect Data

• 6.1 Preliator may retrieve professional and business information from publicly accessible sources and third-party data providers.
• 6.2 Retrieved Prospect Data may subsequently be stored within the Service.
• 6.3 Prospect Data may include names, professional contact information, job titles, employers, company information and other business-related information.
• 6.4 Business and professional information changes over time. Preliator therefore does not warrant that Prospect Data is accurate, current, complete, unique, deliverable or suitable for the Customer's intended purpose.
• 6.5 The availability of Prospect Data for a particular person, organisation, territory or industry is not guaranteed.
• 6.6 The fact that information is available through Preliator does not constitute a representation that the Customer may lawfully use that information for every purpose.
• 6.7 The Customer is responsible for determining whether and how Prospect Data may lawfully be used by the Customer.

Article 7 — Outreach and communications

• 7.1 Preliator may assist the Customer in generating, personalising or preparing communications, including email drafts.
• 7.2 Unless Preliator expressly introduces and identifies functionality that operates differently, the Customer remains responsible for determining whether an external communication is sent.
• 7.3 The Customer is solely responsible for:
  1. selecting recipients;
  2. verifying recipient information;
  3. reviewing message content;
  4. deciding whether to send a communication;
  5. determining the timing and frequency of communications;
  6. establishing an appropriate lawful basis where required;
  7. obtaining consent where required;
  8. providing legally required sender information;
  9. providing and respecting opt-out or objection mechanisms;
  10. complying with applicable direct-marketing and electronic-communications law; and
  11. responding appropriately to objections, complaints and data-subject requests.
• 7.4 Preliator does not guarantee email delivery, inbox placement, avoidance of spam filters, open rates, response rates or any other outcome from outreach.
• 7.5 Preliator is not responsible for the content of communications sent by the Customer or a User merely because that content was generated, suggested, modified or assisted by the Service.

Article 8 — Customer compliance

• 8.1 The Customer must use the Service in accordance with applicable law.
• 8.2 Depending on the Customer's activities and jurisdiction, applicable requirements may include:
  1. data-protection and privacy law, including the GDPR;
  2. electronic-communications and direct-marketing law;
  3. anti-spam requirements;
  4. intellectual-property law;
  5. unfair-commercial-practices law;
  6. confidentiality obligations;
  7. employment-related restrictions;
  8. sanctions and export-control requirements; and
  9. applicable AI legislation.
• 8.3 The Customer is responsible for determining which laws apply to its particular activities.
• 8.4 Preliator's provision of functionality, Prospect Data, AI Output or an integration does not constitute legal advice or confirmation that the Customer's intended use is lawful.

Article 9 — Third-Party Services

• 9.1 The Service depends on Third-Party Services.

These may include services supplied by providers such as OpenAI, Anthropic, Vercel, Google, Microsoft, Resend, Brevo, Mollie and business-data providers.

• 9.2 Third-Party Services are outside Preliator's complete control.
• 9.3 Third parties may:
  1. experience outages;
  2. impose rate limits;
  3. modify APIs;
  4. change pricing;
  5. restrict access;
  6. change authentication requirements;
  7. suspend accounts;
  8. alter their terms;
  9. introduce technical incompatibilities; or
  10. discontinue functionality entirely.
• 9.4 Such events may affect or prevent operation of part of the Service.
• 9.5 To the maximum extent permitted by applicable law, Preliator is not responsible for failures, delays, interruptions or losses caused by Third-Party Services where those circumstances are outside Preliator's reasonable control.
• 9.6 Preliator may replace, modify or discontinue a Third-Party Service or integration where reasonably necessary.
• 9.7 The Customer may be required to accept and comply with separate terms imposed by a Third-Party Service.

Article 10 — Connected accounts and integrations

• 10.1 Customers may choose to connect supported external accounts, including Google/Gmail, Microsoft/Outlook and other integrations made available by Preliator.
• 10.2 The Customer authorises Preliator to perform the actions necessary to provide the functionality selected by the Customer within the permissions granted through the relevant integration.
• 10.3 The Customer is responsible for ensuring that it has authority to connect the relevant account and authorise the requested permissions.
• 10.4 Preliator does not guarantee that an integration will remain available or function indefinitely.
• 10.5 An integration may cease functioning because of changes made by Preliator or the relevant third party.

Article 11 — Accounts and security

• 11.1 The Customer must provide accurate account information.
• 11.2 The Customer is responsible for maintaining the confidentiality and security of its credentials and connected accounts.
• 11.3 Account credentials may not be shared with unauthorised persons.
• 11.4 The Customer must take reasonable measures to prevent unauthorised access.
• 11.5 The Customer must notify Preliator without undue delay if it becomes aware of suspected unauthorised access, credential compromise or misuse of its account.
• 11.6 Subject to applicable law, the Customer is responsible for activity performed through accounts and credentials under its control.

Article 12 — Acceptable Use

• 12.1 The Customer and Users may not use the Service:
  1. for unlawful activities;
  2. for fraud, deception or phishing;
  3. to impersonate another person or organisation unlawfully;
  4. to harass, threaten or abuse individuals;
  5. to distribute malware or malicious code;
  6. to obtain credentials or access systems without authorisation;
  7. to send unlawful spam or other prohibited communications;
  8. to unlawfully process personal data;
  9. to infringe intellectual-property or other third-party rights;
  10. to circumvent security or access controls;
  11. to interfere with the integrity, availability or performance of the Service;
  12. to impose unreasonable or excessive loads on the Service or its providers;
  13. to abuse Third-Party Services;
  14. to scrape, copy, reverse engineer, decompile or attempt to extract source code or proprietary technology except to the extent such restriction is prohibited by mandatory law;
  15. to resell, sublicense or commercially provide access to the Service without Preliator's written permission; or
  16. in a manner reasonably likely to cause material harm to Preliator, its infrastructure, its providers, other Customers or third parties.
• 12.2 Preliator may investigate suspected violations and take proportionate protective measures.

Article 13 — Fair use and technical limits

• 13.1 Subscriptions may be subject to technical or usage limits, including limits relating to:
  1. AI requests;
  2. prospect searches;
  3. API calls;
  4. generated content;
  5. email drafts;
  6. automation;
  7. storage;
  8. connected accounts; and
  9. other resource-intensive functionality.
• 13.2 Preliator may apply reasonable rate limits or other safeguards to protect Service stability, security, fair access and infrastructure costs.
• 13.3 The Customer may not circumvent usage limits or artificially distribute usage across accounts to evade applicable limits.
• 13.4 Where usage materially exceeds the intended scope of a Subscription, Preliator may require the Customer to upgrade, reduce usage or enter into a separate commercial arrangement.

Article 14 — Availability and maintenance

• 14.1 Preliator will use commercially reasonable efforts to provide the Service.
• 14.2 Unless expressly agreed in a separate written SLA, Preliator does not guarantee:
  1. uninterrupted availability;
  2. a particular uptime percentage;
  3. error-free operation;
  4. that every defect will be corrected;
  5. uninterrupted access to Third-Party Services;
  6. continuous availability of every feature;
  7. a particular response or processing speed;
  8. uninterrupted availability of Prospect Data; or
  9. that data loss can never occur.
• 14.3 Preliator may temporarily restrict or interrupt the Service for maintenance, updates, infrastructure changes, security measures or emergency work.
• 14.4 Where reasonably practicable, planned material maintenance will be communicated in advance.
• 14.5 Temporary downtime, maintenance, bugs, errors or interruptions do not in themselves entitle the Customer to compensation, service credits, refunds or damages unless expressly provided in a separate written SLA or required by mandatory law.

Article 15 — No guarantee of commercial results

• 15.1 The Service is a business tool. Commercial results depend on circumstances outside Preliator's control.
• 15.2 Preliator does not guarantee:
  1. leads;
  2. sales;
  3. revenue;
  4. responses;
  5. conversions;
  6. appointments;
  7. successful campaigns;
  8. successful prospect matching;
  9. email deliverability;
  10. customer acquisition;
  11. return on investment; or
  12. any other particular commercial result.
• 15.3 The Customer assumes the commercial risk associated with decisions made using the Service.

Article 16 — Changes to the Service

• 16.1 Preliator continuously develops the Service and may:
  1. add functionality;
  2. modify functionality;
  3. remove functionality;
  4. redesign interfaces;
  5. replace infrastructure;
  6. replace Third-Party Services;
  7. modify integrations;
  8. impose or modify reasonable usage limits; and
  9. change technical architecture.
• 16.2 Preliator does not guarantee that any individual feature will remain available indefinitely.
• 16.3 Where a change materially reduces the core functionality of a paid Subscription during an already-paid fixed term, Preliator will act reasonably and provide notice where appropriate.

Article 17 — Beta, experimental and free functionality

• 17.1 Preliator may make beta, preview, experimental, early-access, trial or free functionality available.
• 17.2 Such functionality may contain additional defects or limitations and may be changed or withdrawn at any time.
• 17.3 Unless expressly agreed otherwise, Preliator gives no commitment that beta or experimental functionality will become generally available or continue to exist.
• 17.4 The Customer should not rely on experimental functionality for business-critical processes.

Article 18 — Intellectual property

• 18.1 All intellectual-property rights in the Service and related technology belong to Preliator or its licensors.

This includes, where applicable:

• software;
• source code;
• interfaces;
• designs;
• branding;
• documentation;
• proprietary databases;
• algorithms;
• workflows; and
• other proprietary technology.

• 18.2 Subject to payment of applicable fees and compliance with the Agreement, Preliator grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service for its internal business purposes during the Agreement.
• 18.3 No intellectual-property rights in the Service are transferred to the Customer.
• 18.4 The Customer retains its rights in Customer Data.
• 18.5 Subject to applicable law and third-party rights, the Customer may use AI Output generated specifically for it through the Service.
• 18.6 Because AI-generated content may not qualify for intellectual-property protection in every jurisdiction and similar output may be generated for others, Preliator does not warrant that AI Output is protectable, exclusive or unique.

Article 19 — Feedback

• 19.1 If the Customer voluntarily provides suggestions, ideas or feedback regarding the Service, Preliator may use that feedback to develop and improve its products and services without an obligation to compensate the Customer.
• 19.2 This Article does not grant Preliator ownership of unrelated Customer confidential information or Customer Data.

Article 20 — Fees, subscriptions and payment

• 20.1 The Customer must pay the fees applicable to its selected Subscription or as otherwise specified in an Order Form or quotation.
• 20.2 Prices are exclusive of VAT and other applicable taxes unless expressly stated otherwise.
• 20.3 Payments may be processed through Mollie or another payment provider selected by Preliator.
• 20.4 Where recurring billing applies, the Customer authorises collection of the applicable recurring fees in accordance with the selected billing cycle.
• 20.5 A failed or rejected payment does not release the Customer from its payment obligation.
• 20.6 Preliator may suspend access where an undisputed payment remains overdue after reasonable notice.
• 20.7 Unless otherwise expressly agreed or required by mandatory law, fees already paid are non-refundable.
• 20.8 Temporary outages, bugs, unused Subscription time, failure to achieve expected commercial results or Customer dissatisfaction do not by themselves create a right to a refund.
• 20.9 Preliator may change prices for future billing periods. Material price changes will be communicated reasonably in advance and will not retroactively change fees already paid for an existing billing period.
• 20.10 Prices, plans, usage limits, features and promotional offers shown on the website or elsewhere (including introductory offers such as a number of free prospects) are indicative, do not constitute a binding offer and may be changed, discontinued or replaced by Preliator at any time without prior notice. The prices and features applicable to the Customer are those confirmed at the moment the Customer enters into or renews its Subscription.
• 20.11 Prices may be displayed in different currencies depending on the Customer's location. The currency and amount confirmed during checkout or in the applicable Order Form prevail.

Article 21 — Term and renewal

• 21.1 The Agreement begins when the Customer accepts the applicable offer, completes the relevant subscription process or signs an applicable Order Form or quotation.
• 21.2 Unless a different term is expressly specified during purchase or in an Order Form, the Subscription term and billing cycle displayed when the Customer purchases the Subscription apply.
• 21.3 Where the Customer purchases a fixed twelve-month commitment, that commitment applies regardless of whether fees are invoiced monthly or annually.
• 21.4 A Subscription configured for automatic renewal will renew for the period communicated when purchased unless cancelled in accordance with the applicable Subscription conditions.
• 21.5 Cancellation prevents future renewal but does not, by itself, entitle the Customer to reimbursement of fees relating to the current committed term.

Article 22 — Suspension and termination

• 22.1 Preliator may suspend access to all or part of the Service where reasonably necessary because of:
  1. overdue payment;
  2. suspected fraud;
  3. a security incident;
  4. suspected unlawful activity;
  5. material breach of the Agreement;
  6. misuse of the Service;
  7. excessive usage materially threatening Service stability;
  8. risk to Preliator or Third-Party Services;
  9. sanctions or legal requirements; or
  10. urgent technical or security reasons.
• 22.2 Where reasonably possible, Preliator will provide notice and an opportunity to remedy a remediable breach before terminating the Agreement.
• 22.3 Immediate suspension or termination may occur where delay could reasonably result in security risks, unlawful conduct, third-party harm or material damage.
• 22.4 Either party may terminate the Agreement for a material breach that remains uncured after reasonable written notice where the breach is capable of remedy.
• 22.5 Preliator may terminate the Agreement where continued provision of the Service becomes unlawful or objectively impracticable because of legal, regulatory or critical third-party changes.
• 22.6 Upon termination:
  1. the Customer's right to use the Service ends;
  2. amounts already due remain payable;
  3. no refund is due except where expressly agreed or required by applicable law; and
  4. Customer Data may subsequently be deleted in accordance with Preliator's applicable retention policies.

Article 23 — Liability

• 23.1 Preliator is liable only for direct damage that is the direct and reasonably foreseeable result of an attributable failure by Preliator to perform the Agreement, subject to the limitations in this Article.
• 23.2 To the maximum extent permitted by applicable law, Preliator is not liable for indirect, consequential, incidental or special damage.

Excluded damage includes, without limitation:

• loss of profits;
• loss of revenue;
• loss of savings;
• loss of business;
• loss of customers;
• loss of opportunities;
• failed sales or campaigns;
• reputational damage;
• loss of goodwill;
• business interruption;
• loss or corruption of data where such loss could reasonably have been mitigated by appropriate Customer backups;
• costs resulting from reliance on inaccurate Prospect Data or AI Output; and
• damage resulting from decisions made by the Customer using information or output provided through the Service.

• 23.3 Preliator's aggregate liability arising from or relating to the Agreement, regardless of the legal basis of the claim, is limited to the total fees actually paid by the Customer to Preliator under the affected Agreement during the twelve (12) months immediately preceding the event giving rise to liability.
• 23.4 Where the Agreement has existed for less than twelve months, the cap is the total fees actually paid during that shorter period.
• 23.5 Preliator is not liable merely because:
  1. AI Output is inaccurate or incomplete;
  2. Prospect Data is outdated, incomplete or incorrect;
  3. an email is not delivered or enters a spam folder;
  4. a prospect does not respond;
  5. a campaign fails;
  6. a Third-Party Service experiences an outage or changes its functionality;
  7. an integration ceases functioning for reasons outside Preliator's reasonable control;
  8. the Customer uses the Service contrary to applicable law or these Terms; or
  9. the Customer fails to review information or AI Output before using it.
• 23.6 Nothing in the Agreement excludes or limits liability to the extent such exclusion or limitation is prohibited by mandatory applicable law.
• 23.7 In particular, the limitations do not apply to liability resulting from intent or deliberate recklessness by Preliator's management where such liability cannot lawfully be excluded.
• 23.8 The Customer must notify Preliator of an alleged claim without unreasonable delay and provide Preliator a reasonable opportunity to investigate and, where possible, mitigate the relevant issue.
• 23.9 To the extent legally permissible, a claim for damages expires if legal proceedings concerning that claim have not been initiated within twelve (12) months after the Customer became aware, or reasonably should have become aware, of both the damage and the circumstances giving rise to Preliator's alleged liability.

Article 24 — Customer indemnification

• 24.1 To the extent permitted by applicable law, the Customer shall indemnify and hold Preliator harmless against third-party claims, damages, regulatory consequences and reasonable external legal costs arising from or attributable to:
  1. the Customer's unlawful use of the Service;
  2. communications sent by the Customer;
  3. the Customer's marketing or outreach activities;
  4. the Customer's infringement of privacy, direct-marketing or electronic-communications law;
  5. the Customer's infringement of third-party intellectual-property rights;
  6. Customer Data;
  7. misuse of Prospect Data;
  8. the Customer's breach of these Terms; or
  9. actions performed through the Customer's account in violation of applicable law.
• 24.2 This indemnity applies only to the extent the relevant claim or consequence is attributable to the Customer or its Users and not to the extent caused by Preliator's own conduct for which liability cannot lawfully be excluded.
• 24.3 Preliator will notify the Customer of a material third-party claim for which indemnification is sought and will reasonably cooperate in its defence.

Article 25 — Data and backups

• 25.1 Preliator takes reasonable technical and organisational measures to protect data processed through the Service.
• 25.2 No online service can guarantee that data will never be lost, corrupted or unavailable.
• 25.3 The Service is not intended to serve as the Customer's sole archival or backup system.
• 25.4 The Customer is responsible for maintaining appropriate independent copies of business-critical information where reasonably necessary.

Article 26 — Confidentiality

• 26.1 Each party must keep confidential non-public information received from the other party that is identified as confidential or that should reasonably be understood to be confidential.
• 26.2 Confidential information may be disclosed to employees, contractors, professional advisers and service providers who reasonably require access and who are subject to appropriate confidentiality obligations.
• 26.3 Confidentiality obligations do not apply to information that:
  1. is or becomes publicly available without breach of the Agreement;
  2. was lawfully known to the receiving party without confidentiality restrictions;
  3. is independently developed without use of the confidential information;
  4. is lawfully received from a third party without confidentiality restrictions; or
  5. must be disclosed by law or binding governmental or judicial order.
• 26.4 Where legally permitted, the receiving party will provide reasonable notice before making a legally compelled disclosure.

Article 27 — Privacy and data processing

• 27.1 Personal data is processed in accordance with Preliator's Privacy Policy and applicable data-protection law.
• 27.2 Depending on the processing activity, Preliator may act as controller or processor.
• 27.3 Where Preliator processes personal data as processor on behalf of a Customer, additional data-processing terms or a Data Processing Agreement may apply.
• 27.4 The Customer is responsible for ensuring that personal data submitted to or processed through the Service by the Customer may lawfully be processed for the Customer's intended purposes.

Article 28 — Force majeure

• 28.1 Preliator is not liable for failure or delay in performing an obligation where performance is prevented or materially impaired by circumstances beyond its reasonable control.
• 28.2 Such circumstances may include:
  1. internet or telecommunications failures;
  2. hosting or cloud-provider outages;
  3. third-party API or AI-provider failures;
  4. cyberattacks or DDoS attacks;
  5. power failures;
  6. critical supplier failures;
  7. government measures;
  8. changes in applicable law preventing performance;
  9. war, terrorism or civil unrest;
  10. natural disasters;
  11. epidemics or pandemics; and
  12. widespread labour disruptions.
• 28.3 Obligations affected by force majeure are suspended for the duration of the relevant event.
• 28.4 If a force-majeure event makes substantial performance impossible for an extended period, either party may terminate the affected Agreement where continued performance can no longer reasonably be expected.

Article 29 — No exclusivity

• 29.1 Unless expressly agreed otherwise, the Agreement is non-exclusive.
• 29.2 Preliator may provide the same or similar services to other customers, including businesses that compete with the Customer.
• 29.3 This does not affect Preliator's confidentiality obligations.

Article 30 — Assignment

• 30.1 The Customer may not assign or transfer the Agreement without Preliator's prior written consent, which shall not be unreasonably withheld where applicable.
• 30.2 Preliator may assign or transfer the Agreement as part of a merger, acquisition, restructuring, financing, sale of its business or transfer of substantially all relevant assets or activities.

Article 31 — Amendment of these Terms

• 31.1 Preliator may amend these Terms where reasonably necessary because of changes to the Service, law, security requirements, business operations or Third-Party Services.
• 31.2 Material amendments will be communicated to affected Customers reasonably in advance.
• 31.3 Where an amendment materially and adversely changes the Customer's rights during an existing paid committed term, the Customer may terminate the affected Subscription as of the date the amendment takes effect where required by applicable law or where expressly stated in the amendment notice.
• 31.4 Continued use of the Service after an amendment becomes effective constitutes acceptance where legally permissible and where the Customer was appropriately informed of the amendment.

Article 32 — Order of precedence

• 32.1 Where documents forming part of the Agreement conflict, the following order applies unless expressly agreed otherwise:
  1. a signed Order Form or individually negotiated written agreement;
  2. an applicable Data Processing Agreement for matters concerning processing of personal data;
  3. an expressly agreed Service Level Agreement for service-level matters;
  4. these Terms; and
  5. other referenced policies.
• 32.2 An individually negotiated provision prevails over a conflicting standard provision concerning the same subject.

Article 33 — Entire Agreement, waiver and severability

• 33.1 The Agreement constitutes the agreement between the parties concerning its subject matter and supersedes previous proposals or understandings concerning that subject, except in cases of fraud or where otherwise prohibited by law.
• 33.2 Failure to enforce a contractual right does not constitute a waiver of that right.
• 33.3 If any provision is invalid, void or unenforceable, the remaining provisions remain effective.
• 33.4 Where reasonably possible, an invalid provision will be replaced by a valid provision that most closely reflects its lawful commercial purpose.
• 33.5 Headings are included for convenience and do not affect interpretation.
• 33.6 Provisions which by their nature are intended to survive termination, including provisions relating to intellectual property, confidentiality, payment, liability, indemnification and dispute resolution, survive termination.

Article 34 — Governing law and disputes

• 34.1 The Agreement and all non-contractual obligations arising from or relating to it are governed exclusively by Dutch law.
• 34.2 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent it could otherwise apply, is excluded.
• 34.3 The parties will first attempt in good faith to resolve a dispute through consultation.
• 34.4 If a dispute cannot be resolved amicably, it shall be submitted to the competent Dutch court in the judicial district in which Preliator has its registered office, to the extent legally permitted.

Article 35 — Contact

Voss & Aarnoudse Holding B.V.

Trading as Preliator.ai

Chamber of Commerce (KvK): 64318273

Edisonweg 12A

2952 AD Alblasserdam

The Netherlands

Email: info@preliator.ai