Terms of Service

1. Parties

These Terms of Service apply to all agreements between NovaPiek (Eenmanszaak, KvK 99676028, de Linde 24, 3224TH Hellevoetsluis, the Netherlands, info@novapiek.com) and the client — any business or organisation that uses or has requested access to the NovaPiek platform or services.

2. Service description

NovaPiek provides a software platform for business communication management, workflow automation, and AI-assisted message processing. The platform includes:

• Integration with WhatsApp Business API via the official Meta WhatsApp Business Platform
• Email automation and workflow management
• AI-assisted intent detection and automated response generation
• Contact and lead management
• Planning and appointment management tooling
• Dashboard and reporting interface

The exact scope of services is agreed per client in a separate service agreement or onboarding document.

3. Access and accounts

Access to the NovaPiek platform is restricted to authorised business clients. The client is responsible for:

• Ensuring that login credentials are kept confidential and not shared with unauthorised persons
• Providing accurate and up-to-date business information during onboarding
• Notifying NovaPiek promptly if there is reason to suspect unauthorised access

4. Client obligations

The client agrees to:

• Use the platform solely for lawful business purposes
• Comply with Meta's WhatsApp Business Policy and all applicable Meta platform policies when using WhatsApp functionality via NovaPiek
• Obtain any necessary consents from their own end-customers before sending automated messages
• Not use the platform to send spam, unsolicited messages, illegal content, or messages in categories prohibited by Meta's policies (including but not limited to: firearms, drugs, adult content, gambling, multi-level marketing)
• Not attempt to circumvent any security measures or access restrictions in the platform
• Comply with applicable data protection laws (including the GDPR) when using NovaPiek to process personal data of their customers

5. WhatsApp Business — specific terms

When the client uses WhatsApp functionality via NovaPiek:

• The client connects their own WhatsApp Business Account (WABA) to the NovaPiek platform via Meta Embedded Signup. The WABA and associated phone number remain the sole property of the client.
• The client acknowledges that their use of WhatsApp Business API is subject to Meta's WhatsApp Business Terms of Service and WhatsApp Business Policy, in addition to these Terms.
• NovaPiek may suspend or terminate WhatsApp functionality for a client if Meta restricts access or if the client violates Meta's policies.
• NovaPiek is not responsible for WhatsApp service availability or delivery guarantees, which are subject to Meta and Twilio's own service terms.

6. Fees and payment

The fees for the NovaPiek platform are agreed per individual client in a separate service agreement. NovaPiek reserves the right to adjust pricing with 30 days' written notice to active clients. Invoices are due within 14 days of the invoice date unless otherwise agreed.

7. Service availability

NovaPiek aims to maintain high platform availability but does not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible. NovaPiek is not liable for downtime caused by third-party services (including Meta, Twilio, Supabase, or Vercel) or circumstances beyond NovaPiek's control.

8. Intellectual property

NovaPiek retains all intellectual property rights to the platform, its software, algorithms, and documentation. The client retains all rights to their own data, content, and business assets (including their WhatsApp Business Account and contact data). These Terms do not transfer any intellectual property rights between the parties.

9. Liability

NovaPiek's liability is limited to direct damages. NovaPiek is not liable for:

• Indirect or consequential damages, including loss of revenue or business opportunities
• Damages resulting from the client's own use of or reliance on automated message content
• Damages resulting from actions or policies of Meta, Twilio, or other third-party services

NovaPiek's total liability in any calendar year shall not exceed the amount paid by the client to NovaPiek in the three months preceding the event giving rise to the claim, unless mandatory Dutch law provides otherwise.

10. Termination

Either party may terminate the agreement with 30 days' written notice, unless otherwise specified in the individual service agreement. NovaPiek may terminate immediately if the client materially breaches these Terms, violates Meta's policies, or fails to pay invoices after a reasonable cure period. Upon termination, the client's data will be retained for a maximum of 12 months and then deleted, unless legal retention obligations require otherwise.

11. Governing law and disputes

These Terms are governed by Dutch law. Any disputes arising from or related to these Terms shall first be submitted to mediation. If mediation does not resolve the dispute within 60 days, the dispute shall be submitted to the competent court in Rotterdam, the Netherlands, unless mandatory law requires otherwise.

12. Changes to these Terms

NovaPiek may update these Terms from time to time. Material changes will be communicated to active clients with at least 14 days' notice before taking effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

13. Contact