Terms of Service

• AI Agent: AI Agent B.V., established in the Netherlands, registered with the Chamber of Commerce, accessible via aiagent.nl.
• Customer: the natural or legal person who engages AI Agent, subscribes to a plan, or otherwise uses our services.
• Services: all services offered by AI Agent, including project-based services (training, advisory, custom implementation) and the OpenClaw SaaS platform.
• Assignment: an agreement between AI Agent and the Customer for the delivery of project-based services.
• Website: the website at aiagent.nl, including all content, tools and functionalities.
• Platform: the OpenClaw SaaS platform, accessible via aiagent.nl, through which customers can configure and run their own AI agent on a dedicated server.
• Subscription: a recurring agreement for the use of the Platform, including the provisioning of a dedicated server.
• Instance: an individual OpenClaw AI agent running on a dedicated server within the Platform.
• API Key: the Customer's access key for an external AI model (such as Anthropic, OpenAI or Google), provided and managed by the Customer.

These terms and conditions apply to all assignments, quotations, subscriptions and services of AI Agent. By engaging us, subscribing to a plan, or using our website, you agree to these terms.

We may amend these terms. In the event of material changes, we will notify active customers at least 30 days in advance by email. Continued use after the effective date constitutes acceptance.

AI Agent offers the following project-based services:

• Training and workshops on AI, AI tools and AI literacy
• Advisory on AI strategy, implementation and organizational integration
• Building and configuring custom AI solutions for your organization
• Management, optimization and further development of existing AI systems

The scope, planning and deliverables of project-based services are documented in a quotation or order confirmation.

Through the Platform, the Customer can launch their own OpenClaw AI agent on a dedicated server. The Platform includes:

• A dedicated server in the EU (Hetzner Cloud, Germany) per Instance
• Automatic provisioning, configuration and DNS setup
• A web interface for managing the agent (Control Panel)
• SSH access to the server
• Integrations with channels such as Telegram, WhatsApp, Discord and Slack

OpenClaw is open-source software. AI Agent provides the hosting infrastructure, provisioning and support. For self-service (BYOK) plans, the Customer is responsible for the configuration and use of the AI agent.

4b. Managed OpenClaw

With Managed OpenClaw, AI Agent provides a fully configured and managed AI agent. This includes:

• A pre-configured AI agent with personality, skills and tools
• AI model access via OpenRouter (tokens included in the subscription)
• A monthly token budget managed by AI Agent. Usage beyond the included budget may result in temporary service interruption until the next billing cycle
• Ongoing maintenance: software updates, monitoring and issue resolution
• Channel setup support (WhatsApp, Telegram, Discord, Slack)

AI Agent manages the AI model API key and infrastructure. The Customer does not need to provide their own API key. AI Agent is not liable for the quality, accuracy or availability of the underlying AI model (provided by third parties such as Mistral AI or Anthropic). Token usage and model selection are at the discretion of AI Agent.

For project-based services: all quotations are non-binding unless stated otherwise. An agreement is established upon written confirmation by email. The content, scope and planning are documented in the quotation or order confirmation.

For the Platform: an agreement is established when the Customer subscribes to a plan via the website and payment has been processed.

6.1 Project-based services

Prices are agreed per assignment and documented in the quotation. All amounts are exclusive of VAT unless stated otherwise. Invoices are due within 14 days of the invoice date. In the event of late payment, we reserve the right to suspend work.

6.2 Platform subscriptions

Subscription prices are listed on the website and include VAT for consumers. Payment is processed via Stripe (iDEAL, credit card or SEPA direct debit). Subscriptions are automatically renewed monthly on the billing date.

6.3 Price changes

AI Agent may change subscription prices. Existing customers will be notified at least 30 days in advance by email. The new price applies from the first renewal date after the notification period.

6.4 Failed payments

In the event of a failed automatic payment, the Customer will receive a notification. If payment is not restored within 7 days, AI Agent may suspend the Instance. After 14 days without payment, the Instance and associated data may be deleted.

6.5 Cancellation of project-based services

In case of cancellation by the Customer, work already performed is due. For training sessions, free cancellation applies up to 7 working days before the start date.

Each Instance runs on a dedicated server in the EU (Hetzner Cloud, Frankfurt, Germany). The Customer receives full SSH access to the server. The server is automatically configured when creating an Instance.

Server capacity (vCPU, RAM) depends on the chosen subscription plan. Specifications are listed on the website for each plan.

AI Agent manages the underlying infrastructure, including operating system updates, security patches and TLS certificates. The Customer is responsible for the configuration and use of the OpenClaw software on the server.

To use AI models within the Platform, the Customer provides their own API key from a supported provider (such as Anthropic, OpenAI or Google). The Customer is fully responsible for:

• Creating and managing the API key with the relevant provider
• All costs charged by the provider for use of the AI model
• Complying with the terms of use of the relevant provider
• Securing the API key and revoking it immediately upon suspicion of unauthorized use

AI Agent stores API keys encrypted (AES-256-GCM) and uses them solely for the operation of the Instance. AI Agent is not liable for costs or damages resulting from unauthorized use of the Customer's API key.

AI Agent aims for a Platform availability of 99% on a monthly basis, excluding planned maintenance. This is a target, not a guarantee.

Planned maintenance will be announced at least 24 hours in advance by email where possible. Urgent security updates may be performed without prior notice.

AI Agent is not responsible for interruptions caused by the infrastructure provider (Hetzner), the AI model provider, or by configuration changes made by the Customer.

10.1 Data ownership

All data stored or processed by the Customer via the Instance remains the property of the Customer. This includes configurations, conversation logs, trained skills and other files.

10.2 Backups

AI Agent does not create automatic backups of Instance data. The Customer is responsible for regularly creating backups via SSH access. AI Agent offers support on request for setting up a backup strategy.

10.3 Data location

All server data is stored in the EU (Hetzner Cloud, Frankfurt, Germany). Account data is stored with Supabase (Frankfurt, Germany). Payment data is processed by Stripe (certified under the EU-US Data Privacy Framework).

11.1 Cancellation by the Customer

The Customer may cancel a subscription at any time via the Stripe customer portal or by contacting AI Agent. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining period.

11.2 Termination by AI Agent

AI Agent may terminate a subscription in the event of a breach of these terms, particularly the Acceptable Use Policy (section 15). No refunds are issued in case of termination for abuse.

11.3 Consequences of termination

Upon termination of a subscription, the Instance will be deleted within 7 days, including all data on the server. The Customer will receive a warning by email with the opportunity to export data via SSH before deletion. Account data is retained in accordance with our privacy policy.

We execute project-based assignments to the best of our knowledge and ability. Delivery times are indicative unless explicitly agreed as a deadline. We keep the Customer informed of progress.

Unless otherwise agreed, the following applies:

• Custom AI configurations and solutions become the property of the Customer upon full payment
• Training materials and documentation remain the property of AI Agent
• We retain the right to reuse generic knowledge and techniques for other clients
• Open-source components (including OpenClaw) are subject to their own license terms
• Configurations created via the Platform are the property of the Customer and can be exported via SSH
• The Customer grants AI Agent permission to use the project anonymously as a reference, unless otherwise agreed in writing

14.1 AI output

AI Agent is not liable for the output of AI models. AI-generated responses may be incorrect, incomplete or inappropriate. The Customer is solely responsible for the use and consequences of AI output.

14.2 Limitation of liability

The total liability of AI Agent is limited to the amount the Customer has paid in the preceding 12 months for the relevant service. For project-based services, this is limited to the amount of the relevant assignment.

14.3 Exclusions

AI Agent is not liable for indirect damages, consequential damages, lost profits, loss of data, or damages resulting from the use of third-party AI models. AI Agent is not liable for costs incurred at external AI providers as a result of the Customer's use of the Instance.

This section applies to customers with an Instance on the Platform. Your server runs in the EU (Hetzner Cloud, Germany). You are responsible for all activities on your server. The following is not permitted:

• Cryptocurrency mining or other resource-intensive computations unrelated to the AI Agent service
• Network scanning, port scanning, IP spoofing or other forms of network manipulation
• Sending spam, phishing or unsolicited messages via the AI agent or the server
• Executing or contributing to DDoS attacks
• Hosting or distributing illegal content or malware
• Infringement of copyrights or intellectual property of third parties
• Using the server for purposes other than running the OpenClaw AI agent

Upon detection of abuse, we reserve the right to disable the server without prior notice. Repeated abuse will result in account termination without refund.

The Platform is a digital service that is delivered immediately upon purchase. When subscribing, your server is created and configured without delay.

By placing your order, you consent to the immediate commencement of the service and expressly waive your right of withdrawal (art. 6:230p paragraph 1 sub b of the Dutch Civil Code). You may cancel your subscription at any time in accordance with section 11, but no refund is available for the current billing period.

The Customer is responsible for securing login credentials, SSH keys and other means of access to the account and server. AI Agent is not liable for damages resulting from unauthorized access due to insufficient security on the Customer's side.

The Customer must notify AI Agent immediately upon suspicion of unauthorized access to the account or server.

The Customer indemnifies AI Agent against all third-party claims arising from or related to:

• The Customer's use of the AI agent, including the output of AI models
• Breach of these terms by the Customer
• Infringement of third-party rights by the Customer or the AI agent configured by the Customer
• Content generated, stored or distributed by the Customer or the AI agent

Use of AI Agent's services is restricted to persons aged 18 or older. By creating an account or subscribing to a plan, the Customer confirms they are at least 18 years of age.

Subscriptions and accounts are non-transferable to third parties without prior written consent from AI Agent.

Both parties shall treat confidential information received in the context of the assignment or subscription as confidential. This obligation continues after termination of the agreement.

We process personal data in accordance with the GDPR. Our full privacy policy can be found on the privacy policy page.

The following Data Processing Agreement (DPA) applies to all Services where AI Agent B.V. processes personal data on behalf of the Customer. By using the Services, the Customer agrees to the terms of this DPA.

We are not liable for failure to fulfil our obligations as a result of circumstances beyond our reasonable control, including failures at infrastructure providers (Hetzner, Stripe, Supabase), power outages, natural disasters or government measures.

In the event of force majeure lasting more than 30 days, either party has the right to terminate the agreement in writing, without obligation to pay damages.

These terms are governed by the laws of the Netherlands. Disputes shall be submitted to the competent court in the Netherlands.

If any provision of these terms is found to be void or voidable, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall apply that approximates the purpose and intent of the original provision as closely as possible.

These terms and conditions, together with the quotation, order confirmation or chosen subscription plan, constitute the entire agreement between the parties. Any prior oral or written agreements that conflict with these terms shall lapse.

Do you have questions about these terms? Contact us at hello@aiagent.nl.