Terms and conditions

SUUS: SUUS IQ B.V., having its registered office in Amsterdam, Chamber of Commerce (KvK) number 42050357, VAT identification number NL869478783B01.

Customer: the legal entity or natural person who, acting in the course of a profession or business, enters into an agreement with SUUS.

Service: the SUUS Field Sales Intelligence System, including all associated software, APIs and integrations, and the additional services that SUUS provides under the agreement.

User: a natural person who uses the Service on behalf of the Customer.

Customer Data: all data that the Customer or its Users enter into the Service or that the Service collects on behalf of the Customer, including CRM data, call recordings, transcripts, messages and enquiries from prospective customers.

AI functionality: components of the Service that, by means of artificial intelligence, generate text, speech, images, summaries, assessments or recommendations, or propose or perform actions.

Voice functionality: components of the Service through which Users communicate with the Service by telephone or voice, including speech recognition, speech synthesis and the recording of conversations.

Lead generation services: setting up, managing and optimising advertising campaigns and following up and assessing enquiries from prospective customers, whether or not via messaging services.

Third-party platform: a service of a third party with which the Service interoperates, such as Meta (Facebook, Instagram, WhatsApp), Google, Microsoft, telephony and payment service providers.

Usage: use of components of the Service that is charged per unit, such as call minutes, enrichment, routes, messages, AI processing and generated images.

SUUS credits: the monthly allowance for Usage that comes with a package; each action consumes a fixed number of credits, as set out in the Agreement.

These general terms and conditions apply to all agreements between SUUS and the Customer. Deviations are valid only if agreed in writing. The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.

The Service is intended exclusively for business use. Consumers cannot enter into an agreement with SUUS.

In the event of a conflict, the following order of precedence applies: the signed agreement or the accepted proposal, the data processing agreement, these general terms and conditions.

Formation. The agreement is formed at the moment the Customer accepts the proposal of SUUS: by giving its approval on the proposal page or in the Stripe payment environment, by signing the agreement electronically, or by written confirmation. In the case of electronic acceptance, SUUS records the time, e-mail address, IP address and the version of the accepted terms as evidence. Electronic acceptance and signature have the same legal force as a handwritten signature.

SUUS grants the Customer a non-exclusive, non-transferable right to use the Service for its own business operations for the term of the agreement. The Customer may not resell, let or otherwise make the Service available to third parties. SUUS aims for an availability of 99.5% per month, excluding scheduled maintenance. Outages at Third-party platforms do not count towards this availability.

SUUS may modify or extend the Service. SUUS announces material changes that limit the functionality of a purchased product at least 30 days in advance; the Customer may then terminate the agreement with effect from the date on which the change takes effect.

SUUS may use third-party technology and infrastructure for the Service, such as cloud, telephony and AI services (see article 11).

SUUS performs the agreement to the best of its knowledge and ability. All obligations of SUUS are best-efforts obligations, unless a result has been expressly promised in writing in the quotation.

• The Customer is responsible for the correct and lawful use of the Service.
• The Customer guarantees compliance with these terms by all Users.
• The Customer may not use the Service for unlawful purposes, for sending spam or for infringing the rights of third parties.
• Login credentials are strictly personal and may not be shared. The Customer secures its accounts and is responsible for everything that happens through those accounts.
• The Customer does not attempt to gain unauthorised access to the Service, does not disrupt its operation, does not circumvent security and does not decompile or reverse-engineer the Service, except to the extent permitted by mandatory law.
• The Customer provides in good time the information, access and cooperation that SUUS reasonably requires, including access to accounts at Third-party platforms.
• The Customer warrants that it is entitled to process the Customer Data in the Service and that it has a valid legal basis for doing so.

• Outputs of AI functionality are generated automatically and may be incorrect, incomplete or out of date. SUUS does not warrant that they are suitable for any particular business decision. The Customer assesses these outputs before relying or acting on them.
• The Service supports the Customer's judgement and does not replace it. Decisions, messages and actions based on the Service remain the responsibility of the Customer.
• Where the Service can perform actions autonomously, such as recording a visit, sending a message or adjusting an advertising budget, this takes place within the settings and limits that the Customer has defined. The Customer is responsible for those settings.
• SUUS uses Customer Data to provide, secure and improve the Service for the Customer, including quality control of speech recognition. SUUS does not use Customer Data to train general AI models of third parties and does not share Customer Data with other customers.
• The Customer does not use the Service to assess the performance of employees or to infer their emotions by means of AI functionality, unless agreed in writing. The Customer informs its Users that they are working with AI functionality and maintains human oversight of its use.
• The Customer does not use AI functionality for decisions that are made without human review and that produce legal effects concerning persons or similarly significantly affect them.
• For its part, SUUS shows about Users only their work activity and the associated figures, such as visits, follow-up and entries, and at most suggests a conversation, coaching or assistance. The AI functionality does not pass judgement on a User as a person and does not propose personnel measures; it does not answer a request to do so. SUUS assesses each AI function against the AI Act (Regulation (EU) 2024/1689) and records that assessment in writing; the Customer may request it.

• Conversations with the Voice functionality are processed using speech recognition and may be recorded and transcribed in order to process the conversation and to monitor quality.
• If the Customer records conversations with third parties, for example with a note-taking or recording function, the Customer is responsible for ensuring that all participants have been informed in advance and that a valid legal basis exists for doing so.
• Speech recognition is not error-free, in particular with proper names, place names, dialect and background noise. The Customer checks recorded data for accuracy.
• The Voice functionality depends on telephony and internet connections and on Third-party platforms and is not intended for emergency or urgent communications.

• Advertising budget is paid by the Customer directly to the Third-party platform and does not form part of the fee payable to SUUS, unless otherwise agreed in writing.
• SUUS manages campaigns within the goals and budget limits agreed with the Customer. Advertising results, such as numbers of enquiries, cost per enquiry and revenue, depend on factors beyond the control of SUUS and are not guaranteed, unless and to the extent that a result has been expressly promised in writing, subject to the conditions stated there.
• The Customer is responsible for the accuracy and lawfulness of its offering, of the texts, images and claims it supplies, and for compliance with the advertising rules that apply in its sector. Images created with AI functionality are labelled as such where required.
• Messages to prospective customers are sent only to persons who have given their consent or for whom another valid legal basis exists. The Customer and SUUS comply with the terms and policies of the relevant Third-party platform, including the WhatsApp policy for business messaging.
• For enquiries received through the Customer's advertisements or channels, the Customer is the controller and SUUS the processor. The Customer provides a privacy statement describing this processing, the assessment with the aid of AI and the feedback to the advertising platform.
• A Third-party platform may refuse, restrict or block accounts, advertisements or messages. SUUS is not liable for this, but makes reasonable efforts to limit the consequences.

SUUS provides the Service as a package (SUUS Voice, SUUS Intelligence or SUUS Growth) for a fixed amount per month or per year, with a number of included users and additional users for a fixed amount per user, and as one-off services (such as the setup or a lead generation programme). The products, quantities and rates that apply are stated in the proposal accepted by the Customer. All amounts are exclusive of VAT.

Subscription. The subscription commences on the day of acceptance and runs as set out in article 10. The Customer pays in advance, per month or per year. For monthly payment, SUUS invoices the coming month on the 1st of each month; the remaining part of the month of commencement is invoiced pro rata at commencement. For annual payment, the annual amount is invoiced in one instalment at commencement. Annual payment costs twelve times the monthly rate; a product that SUUS includes free of charge with annual payment is stated on the invoice at € 0 and lapses as soon as the Customer no longer pays annually or the agreement ends.

Usage. Usage (such as call minutes, speech processing, messages, AI processing, enrichment, routes and scans) is charged in arrears: on the next invoice (for annual payment, on the 1st of each month), for the preceding calendar month, in the manner set out in the Agreement. With SUUS credits, the package includes a monthly allowance; only credits above that allowance are charged, as a single line at the rate per credit set out in the Agreement, and unused credits lapse at the end of the calendar month. Otherwise, Usage is charged as separate lines per service at the cost price of the underlying service plus the service surcharge agreed in the proposal. The Customer can view current Usage at any time in the application under Settings → Billing. The invoice amount may therefore vary from period to period.

One-off services are invoiced immediately after acceptance and are non-refundable once SUUS has started performance.

Price changes are announced by SUUS at least 30 days in advance. In the event of a price increase, the Customer has the right to terminate the agreement before the date on which the new price takes effect. The monthly credit allowance, the number of credits per action and the rate per credit count as prices within the meaning of this article. Changes in the cost price of Usage that SUUS passes on one-to-one are not covered by this, nor is the annual indexation: SUUS may increase the subscription prices as of 1 January by the rise in the consumer price index (CPI) of Statistics Netherlands (CBS) over the preceding year.

Payment method. Payment is made through Stripe, the payment service provider of SUUS, by SEPA direct debit or payment card. If payment on invoice has been agreed in the agreement, the Customer pays within the term stated there, or otherwise within 14 days of the invoice date, via the payment link on the invoice. SUUS does not store full bank account or card details; Stripe retains these in accordance with the applicable security standards.

SEPA direct debit. By issuing a SEPA mandate, the Customer authorises SUUS IQ B.V. to send recurring collection instructions to its bank for the subscription amounts, the Usage and any one-off services, and authorises its bank to debit these amounts. Because Usage may vary from period to period, the amount collected may vary from period to period. SUUS informs the Customer of each collection in advance by sending the invoice, with specification, by e-mail; the Customer agrees to a pre-notification period of at least two days. The Customer ensures sufficient funds in the designated account.

Invoices are sent electronically to the billing e-mail address specified by the Customer and can be downloaded in the application under Settings → Billing. The Customer agrees to electronic invoicing.

Failed or reversed direct debit. If a direct debit fails or is reversed by the Customer or its bank, the invoice amount remains due. For each failed direct debit, SUUS may pass on the costs charged by the bank and Stripe, plus € 15 in administration costs. A reversal (chargeback) of a direct debit does not constitute termination and does not constitute a refund.

Late payment. If an invoice has not been paid 14 days after the due date, the Customer is in default without notice of default being required and SUUS is entitled to suspend access to the Service until payment in full, to charge the statutory commercial interest and the extrajudicial collection costs, and, in the event of payment arrears of more than 30 days, to terminate the agreement. Suspension does not release the Customer from its payment obligation for the current period.

Refunds. Refunds are governed by the refund policy of SUUS, which forms part of these terms.

A subscription runs from the commencement date for the term stated in the agreement: twelve months (one year) or thirty-six months (three years). Thereafter it is tacitly renewed each time for the same term. This also applies if the Customer pays per month. Either party may terminate with effect from the end of a term, subject to a notice period of one month. Notice is given by e-mail to info@suusiq.com.

Trial period. The first three months of the first term are a trial period. If the Customer does not wish to continue, it gives notice no later than one month before the end of the trial period. The agreement then ends at the end of the trial period and the Customer owes nothing for the period thereafter. What has been paid for the trial period is not refunded; in the case of annual payment, SUUS refunds the part of the annual amount that relates to the period after the trial period. If the Customer does not give notice, the agreement continues for the full term.

Early termination by the Customer. After the trial period, the Customer may terminate the agreement during a term only in order to switch to another provider, to transfer its data to its own systems or to have it deleted (EU Data Act), subject to a notice period of one month. The subscription amounts for the remainder of the current term are then due as an early termination charge; what has already been paid in advance is set off against this. SUUS charges no other costs: switching, exporting and deleting are free of charge. The Service remains available until the end of the agreement; Usage up to that moment is stated on the final invoice.

Switching and export. In the case of switching or transfer, the notice period is followed by a transition period of at most 30 days, which the Customer may extend once. The Service then continues, SUUS delivers all Customer Data in a structured, commonly used and machine-readable format (the raw data, not the workflows, instructions and models of SUUS), provides reasonable assistance with the switch and provides the information required for it. The agreement ends as soon as the switch has been completed, or at the end of the notice period if the Customer opts for deletion; SUUS confirms the end by e-mail. If 30 days is not technically feasible, SUUS notifies the Customer of this within 14 working days, stating a longer period of at most seven months.

Retrieval and deletion. After the end of the agreement, the data remains retrievable for at least 30 days, unless the Customer opted for deletion. SUUS then deletes all Customer Data completely and confirms this by e-mail, subject to statutory retention obligations.

Which data is transferred and which is not, the format, the procedure and where the infrastructure is located are set out on the page Switching and export. That page forms part of these terms.

Insolvency. Either party may terminate the agreement with immediate effect if the other party is declared bankrupt, is granted a suspension of payments or is dissolved. In the event of the Customer's bankruptcy, SUUS provides the trustee in bankruptcy with an export of the Customer Data on request.

An agreement concluded under an earlier version of these terms retains the termination arrangement of that version: a monthly subscription remains terminable monthly with effect from the end of the current month, and an agreement under versions 2.1 to 2.3 inclusive remains terminable at any time subject to a notice period of one month, without an early termination charge.

Customer Data remains the property of the Customer. SUUS processes Customer Data only to the extent necessary to provide, secure, maintain and improve the Service and to comply with legal obligations, and takes appropriate technical and organisational measures to secure Customer Data.

To the extent that SUUS processes personal data on behalf of the Customer in providing the Service, SUUS is the processor and the parties enter into a data processing agreement. SUUS engages sub-processors; the current overview is available on the sub-processors page. How SUUS handles personal data for which it is itself the controller is set out in the privacy policy.

Backups. SUUS makes a daily backup of the database of the Service and retains it for seven days. Restoration takes place from the most recent available backup, for the Service as a whole; restoring only the data of a single customer is not possible, unless otherwise agreed. Files in the Service, such as documents and recordings, are not covered by this backup. The Customer therefore also keeps important files itself and may request an export of its Customer Data at any time (see Switching and export).

All rights in the Service, including software, models, design and documentation, are vested in SUUS or its licensors. The Customer obtains only the right of use as described in article 3.

Outputs that the Service or SUUS creates specifically for the Customer, such as summaries, advertising copy and images, may be used freely by the Customer for its business operations after payment, to the extent permitted by law. Working methods, templates, settings and insights that SUUS develops in performing the agreement remain the property of SUUS, to the extent that they do not contain Customer Data.

SUUS may use feedback and suggestions from the Customer about the Service to improve the Service, without compensation.

The liability of SUUS for direct damage is limited to the amount that the Customer paid for the Service in the twelve months preceding the event giving rise to the damage, with the same amount as the maximum per calendar year. Related events are deemed to be a single event. This limitation also applies to damage resulting from a breach of the data processing agreement.

Direct damage means: the reasonable costs of establishing the cause and extent of the damage, of bringing the performance of SUUS into conformity with the agreement, of restoring or re-entering lost data, and of preventing or limiting damage. SUUS is not liable for indirect damage, consequential damage or loss of profit.

SUUS is not liable for damage arising from the use of AI-generated content. The Customer is responsible for assessing and verifying AI-generated outputs.

SUUS is not liable for damage caused by outages, changes or decisions of Third-party platforms, nor for advertising costs incurred within the budget limits defined by the Customer. The Customer indemnifies SUUS against third-party claims arising from content supplied by the Customer or from use of the Service in breach of these terms.

Notice of default and limitation period. Liability arises only if the Customer gives SUUS written notice of default, as precisely as possible, with a reasonable period in which to remedy the shortcoming, and SUUS still fails to perform thereafter, unless performance is permanently impossible. The Customer reports damage in writing as soon as possible. A claim for damages lapses twelve months after it arose, unless the Customer has brought legal proceedings before that time.

The limitations in this article do not apply in the event of intent or gross negligence on the part of SUUS or its management.

SUUS is not obliged to perform an obligation if it is prevented from doing so by a circumstance that cannot be attributed to it, including outages at hosting, telephony and AI providers and at Third-party platforms. If the force majeure lasts longer than 60 days, either party may terminate the agreement in writing.

Both parties treat confidential information of the other party as strictly confidential and do not disclose it to third parties without prior written consent, unless required by law.

SUUS may amend these terms. Amendments are announced at least 30 days before they take effect, by e-mail or in the application. If an amendment is materially detrimental to the Customer, it may terminate the agreement with effect from the date on which the amendment takes effect.

Assignment. SUUS may assign the agreement to a legal successor or to a party that acquires (part of) its business, and informs the Customer accordingly. The Customer does not assign the agreement without the written consent of SUUS.

Severability. If a provision is void or is annulled, the remaining provisions remain in force. The parties replace that provision with a valid one that approximates its purpose as closely as possible.

Governing law. These terms are governed by the laws of the Netherlands. Disputes are submitted exclusively to the competent court in Amsterdam.