Terms and conditions

1. Who we are

BorgAI is a trade name of Van Borg Agency, the sole proprietorship of Nicolaas Sterenborg, located at Kieler Bocht 104, 9642 CE Veendam, the Netherlands. KVK number (Dutch Chamber of Commerce): 42125845 · Branch number: 000066299039 · VAT ID: NL005514922B93. You can reach us through the contact form at vanborg.com/en/contact, or by email at nicolaas@vanborg.com.

In these terms we refer to Van Borg Agency as "we" and to the customer as "you". By "the app" we mean the BorgAI software at vanborg.com, including the ChatAgent and all tools in it.

2. Applicability

These terms apply to every account on the app and every subscription you take out with us. They also apply to the free trial account. Deviations only apply if we have agreed them in writing.

BorgAI is intended for companies in construction and related trades. We only supply to businesses (B2B). The statutory right of withdrawal for consumers therefore does not apply.

3. Offer and prices

You choose a plan: Gratis (free trial account, 5 projects in total, 1 user, no payment), Solo (€39 per month, 1 user, 8 projects per month), Team (€99 per month, 3 users, 25 projects per month), Bedrijf (€249 per month, 10 users, 80 projects per month). Every plan includes all tools in the app. An extra user costs €15 per month and a project above the number in your plan €5. Every plan includes voice minutes per billing period; unused plan minutes expire at the end of the period. You buy extra voice minutes in blocks of 300 for €5; these do not expire.

A project counts in the month in which it gets its first quote. A second quote or a new version on the same project does not count again. We charge extra projects and extra users for a month with the next monthly payment.

All prices are in euros and exclude VAT. There is no setup fee. You pay the monthly amount in advance each month. The monthly amount covers use of the app, the ChatAgent, storage of your documents and photos, hosting, updates and support.

We announce price changes at least one month in advance. In the case of an increase, you may cancel with effect from the date on which it takes effect. The prices on vanborg.com are current; obvious errors do not bind us.

4. Subscription and cancellation

A paid subscription runs per month, from start date to start date. There is no minimum term. You can cancel at any time, in the app or through the contact form. The cancellation takes effect at the end of the current month. Everything keeps working until that date. We do not refund a current or already paid month.

The free trial account runs without an end date and without payment. You can close it yourself at any time. If a trial account is not used for twelve months, we may close it. You will first receive an email about this, with at least thirty days to export your data.

You can switch to a different plan at any time. When moving to a higher plan, you pay the first month of the new plan when you switch. When moving to a lower plan, the new amount applies from the next month.

After termination we set your account to read-only. Your data remains available for export for thirty days (section 10). After that we delete it.

5. Payment

When you sign up for a paid plan, you pay the first month through a bunq payment request with iDEAL or Bancontact. After that we send a payment request each month for the following month, no later than fourteen days before the end of the current month. You pay no later than the start date of the new month. We do not offer payment afterwards.

If payment has not been made on the start date, we send a reminder and you get three days' grace. If payment is still not made, we set your account to read-only until payment is made. No separate notice of default is required for this. The grace period does not shift your month: if you pay on day three, your month runs from the original start date.

During a suspension the obligation to pay continues. As soon as payment is received, we reopen your account. In the case of late payment, the statutory commercial interest and the statutory collection costs are due without further reminder. If payment is not made for two months, we may terminate the subscription.

6. Delivery, availability and maintenance

The app is software as a service. You use it in the browser on your phone or laptop; you do not need to install anything. After signing up, you set up your company yourself with the setup wizard in the app: logo, house style, hourly rates and the first users. If you get stuck somewhere, we help you through the contact form. Any lead times we mention are estimates, not strict deadlines.

We aim for the highest possible availability and monitor the app continuously. Maintenance, updates and new tools are included in the monthly amount. Where possible, we carry out planned maintenance outside working hours. We partly depend on third-party services, such as hosting, database, payments and the AI model. Outages at those parties are beyond our control, but we make every effort to resolve or work around them quickly.

We may change the app and add, adjust or replace tools. If a tool you rely on is removed, you will be told at least one month in advance and you may cancel with effect from that date. What we deliver is an obligation of best efforts at a professional level, not a guarantee of a particular result, such as more revenue or less paperwork.

7. Your obligations and fair use

You make sure that the data you enter is correct: company details, rates, clients and projects. Documents the app creates, such as quotes, work orders and invoices, go out in your name. You are responsible for what is in them and for what you do with them.

You keep your login details to yourself. Users you add fall under your account; what they do in the app, they do on your behalf. You do not use the app for unlawful purposes, to overload or probe our systems, or to replicate the software.

Every plan has limits on the daily use of the ChatAgent and of voice recordings. These limits are shown in the app and on the pricing page. They are generous for a construction company. If you run into them structurally, we first discuss a suitable plan with you instead of quietly charging more.

8. Liability

Our liability is limited to direct damage and to no more than the amount you paid in subscription fees in the three months before the event that caused the damage. We are not liable for indirect damage, such as lost revenue or profit, for loss of data due to circumstances beyond our control, or for damage caused by data that you entered or confirmed incorrectly.

You indemnify us against claims from your clients and from third parties arising from your use of the app and from documents you have sent.

These limitations do not apply in the case of intent or deliberate recklessness on our part.

9. Intellectual property

The software, the ChatAgent, the tools and everything we build remain our property. For the duration of your subscription you receive a right of use for your company. That right is not transferable.

What is and remains yours: your company name, your logo, your client data, your projects and every document you create with the app. We use these only to provide the service to you.

10. Your data and no lock-in

All data you put into the app is and remains yours. We process it only to provide the service. For the data about your clients, you are the controller and we are the processor; on request we conclude a data processing agreement. We use suppliers in the EU or suppliers with appropriate safeguards under the GDPR (in Dutch: AVG).

You can always export your data yourself from the app, as readable files. If you end your subscription, that export remains available for thirty days. After that we delete your data from our systems. Data we are legally required to keep, such as invoices, we keep for seven years. How we handle personal data is set out in the privacy statement.

11. Use of the ChatAgent

The ChatAgent works with artificial intelligence. It is good, but not infallible. What the agent proposes, such as a quote, a work order, a scanned receipt or a summary, may contain errors. Check it before you send it.

Amounts are always confirmed by a person. The agent does not make an invoice, quote or payment request final without approval from you or a user of your account. This is built in and cannot be switched off.

The agent states that you are talking to AI, as the European AI Act (Article 50) requires. This notice is part of the app and may not be removed or hidden. You use the agent for your business administration and customer contact; you never deploy applications that count as high-risk under the AI Act without consulting us in advance.

12. Changes to these terms

We may change these terms. We announce material changes by email at least one month in advance. If you do not agree with a change, you may cancel with effect from the date on which it takes effect. The current version is always on this page, with the date of the last change at the top.

13. Governing law

All agreements are governed by Dutch law, also if you work with us from Belgium. We first try to resolve disputes together. If we cannot reach agreement, the District Court of Northern Netherlands (rechtbank Noord-Nederland) has jurisdiction, unless the law designates another court.

14. Complaints

Do you have a complaint about the app or about us? Send it through the contact form at vanborg.com/en/contact, or by email at nicolaas@vanborg.com. We confirm receipt within three working days and respond in substance within fourteen days.