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Terms and conditions

Version August 2026 · updated 25 August 2026

If this English text differs from the Dutch version, the Dutch text applies. The agreements behind every quote. What you can expect from me, what I need from you, and what happens if things go differently. Written to be read, not buried.

Article 1 — Who and what

  • I: Sinyo Swildens, sole trader, Eerste Jan Steenstraat 5 H, 1072 NA Amsterdam, KvK 98170732, sinyo@sinyoswildens.nl. In law, that is the contractor.
  • You: the company or organisation that gives me an assignment. In law: the client.
  • Assignment: the work set out in the quote or the build plan. For example an AI Scan, a pilot, an application, a chatbot, an automation, a website or a training programme.
  • Build plan: the document setting out what I build, what it costs, what you supply and how you and I test it.
  • Delivery: the moment the work in the build plan is finished and tested on your real work.
  • Subscription: a monthly service, such as hosting, maintenance, a website subscription or managing a chatbot.
  • AI system: software that runs on a language model or other AI model, whether mine or from an AI supplier such as OpenAI, Anthropic, Google or DeepSeek.
  • In writing: includes email.

Article 2 — When these terms apply

  • To every quote, every build plan and every agreement between you and me. You receive them as a PDF with every quote; they are also at sinyoswildens.nl/voorwaarden.
  • I work for companies and organisations. If you are nevertheless a consumer, mandatory consumer law takes precedence over what is written here.
  • I expressly reject your own purchasing terms. They apply only if you and I agree to them in writing.
  • Any departure from these terms must be in writing. It then applies only to that one assignment.
  • If a provision proves invalid, the rest still applies. That provision is replaced by one that comes closest to it.

Article 3 — Quote and agreement

  • The first call is free of charge and without obligation.
  • A quote is valid for 30 days. After that I may adjust the price or the schedule.
  • Each step has a fixed price. It is stated in the quote, excluding VAT.
  • The agreement is formed when you accept the quote in writing, or when I start the work at your request.
  • An obvious mistake in a quote, for example a wrong amount, does not bind me.

Article 4 — Price and payment

  • All prices exclude VAT.
  • I invoice each step up front, at the start. Subscriptions I invoice monthly in advance.
  • Payment is due within 14 days of the invoice date. That is a firm deadline: after it you are in default, no formal notice required.
  • If you pay late, I may charge statutory commercial interest and statutory collection costs. I send a reminder first.
  • If an invoice is still unpaid after the deadline, I may pause the work. The schedule shifts accordingly.
  • Not included, unless the quote says otherwise: the costs of AI tools and AI suppliers, third-party hosting, domains, licences and subscriptions to third-party software. You pay those directly, or I pass them on at cost.
  • If I raise the price of a subscription, I give at least a month's notice. You may then cancel with effect from the date the new price applies.
  • If I still owe you money, you and I deduct it from an invoice by mutual agreement.

Article 5 — How I carry out the work

  • I do my work carefully and to the best of my ability. It is a best-efforts obligation: I promise good work, not a guaranteed outcome.
  • Savings examples on the site and in conversations are worked examples. What AI delivers for your company depends on your processes, your people and your data.
  • Dates in a quote or build plan are a schedule, not a firm deadline. If I run late, you hear at once, with a new date. If I overrun by more than half, you and I discuss whether you want to stop.
  • I may engage third parties, such as hosting providers and AI suppliers. I remain your point of contact.
  • I work remotely. An occasional meeting in person is possible, by arrangement.
  • I test on your real work only as agreed in the build plan, with the data you release for it.

Article 6 — What I need from you

  • Examples, access, logins, documents and feedback at the points set out in the build plan.
  • One point of contact on your side with the authority to make decisions.
  • If you deliver later than agreed, the schedule shifts. If it means extra work for me, you get a price for that first, as with any extra work.
  • You warrant that whatever you supply is yours or may be used: texts, images, data, customer data. Also that using it is permitted under the GDPR.
  • Logins and access you give me I use only for the assignment, and I hand back or delete afterwards.

Article 7 — Changes and extra work

  • The scope is what the quote or the build plan says.
  • If you want something different or more, you get a fixed price for it first. I start only once you have agreed.
  • Small changes within a subscription are covered by the subscription, as set out in the service description.
  • If an AI supplier changes its model, price or terms and I have to adjust something as a result, you and I first discuss what that means.

Article 8 — Delivery and defects

  • I deliver as set out in the build plan. You and I test the work on your real work. That testing does not count as acceptance.
  • If you spot a defect, report it within 14 days of discovery. Anything you could have seen during testing, you report no later than 30 days after delivery; after that it counts as accepted. Hidden defects fall under the period in article 14.
  • A defect means: the work does not do what the build plan says. If it is my fault, I fix it at no charge, up to 12 months after delivery. After that, every claim lapses.
  • Not a defect: an AI system giving a slightly different answer to the same question, or an answer that is not perfect. See article 13.

Article 9 — Term, cancellation and termination

  • A project ends on delivery and payment.
  • A subscription runs month to month. You cancel in writing with one month's notice. There is no minimum term.
  • I can cancel a subscription with two months' notice.
  • When a subscription ends, you take what is yours with you: domain, content, code, documentation and logins. See article 10.
  • If you stop a step partway through, I settle up for the work done up to then plus the costs I have already incurred. Anything you have overpaid in advance, you get back within 14 days.
  • If either of us fails to keep an agreement, even after a written warning with a reasonable period to comply, the other may terminate the agreement. The same applies in the event of bankruptcy or suspension of payments.

Article 10 — What becomes yours

  • Custom code, configuration, documentation and content I create for you become yours once you have paid for the assignment in full. Until then you have a right of use.
  • The transfer itself is set out in the build plan or the assignment confirmation, which I sign. The law requires a document signed by me for that; an ordinary email is not enough. If I engage others, I first arrange for their rights to pass to me.
  • I waive my moral rights, as far as the law allows, so that you can adapt the work or have it adapted.
  • Sometimes the work includes a building block I also use for others. That stays mine, but you can always use it and have it adapted, even without me. The build plan lists which ones.
  • Open-source software remains under its own licence. AI models and platforms remain with their suppliers, under their own terms.
  • What the system produces for you is yours. One thing I cannot promise: that nobody else holds rights to it. For AI text and AI images, that is not yet settled anywhere.
  • Accounts and logins I put in your name wherever I can. If they are temporarily in my name, I transfer them on delivery.
  • I only name your company as a reference if you agree to it.

Article 11 — Confidentiality

  • Everything you and I hear and see from each other that is not public stays between us. That holds after the assignment too, for two years after it ends.
  • I share your information only with parties I engage for the assignment, and then under the same duty of confidentiality.
  • The exceptions: information that was already public, that I already had, or that I am required by law to share.

Article 12 — Personal data

  • If I get access to personal data, including during a scan, pilot or test, you and I first sign a data processing agreement (DPA). You are the controller, I am the processor. The DPA also lists the sub-processors: hosting and AI suppliers.
  • Servers in the EU are the default. If a tool cannot offer that, you hear so in advance and you decide.
  • I agree with AI suppliers that your data is not used to train their models. If a supplier cannot promise that, you hear so in advance and you decide.
  • Once the assignment ends, I delete your personal data from my systems, except what I must keep by law.
  • How I handle your data as a visitor to my site is set out in my privacy statement at sinyoswildens.nl/privacy.

Article 13 — Working with AI

  • AI systems can make mistakes, invent things or give biased answers. That is inherent in the technology, even when the system is well built.
  • In the build plan you and I agree where a human checks an output before it is used. You keep that check in place.
  • You decide what to do with AI outputs. Decisions about customers, staff or money are yours, not the system's. If you use an output without the check you and I agreed, that is on you.
  • If the system gets something wrong because I built it wrongly, I answer for that, within the limits of article 14.
  • Which AI supplier your system uses, you and I choose together. It is recorded in the build plan.
  • AI suppliers set their own terms, prices, availability and models. I cannot prevent changes to those, and they are not attributable to me. I do help you adapt to them.
  • For each system I determine the risk class under the EU AI Act and record it in the build plan. The build plan also states who is the provider under the AI Act and who is the deployer. High-risk applications I build only with additional agreements, or not at all. Prohibited applications I do not build.
  • You make sure your own people know enough about AI to use the system properly (AI literacy, article 4 of the AI Act). A training programme from me can help with that.
  • A chatbot that talks to people carries a notice that they are talking to AI. You leave that notice in place.

Article 14 — Liability

  • If I am liable, my liability is limited to the total price of the assignment, all steps combined. For a subscription: to what you paid for that subscription in the last 12 months. I have no professional indemnity insurance, hence this cap.
  • I am not liable for consequential loss. By that I mean precisely this: lost profit, missed savings, business interruption, reputational damage, fines, and loss or corruption of data.
  • Every build plan states who makes the backups. If it is not in there, I ask you before the build starts. Loss of data whose backup was your responsibility is on you.
  • These limits do not apply if the damage results from intent or deliberate recklessness on my part.
  • A claim lapses if you have not reported it to me in writing within 12 months of discovery.
  • You indemnify me against third-party claims arising from content or data you supplied, or from use of AI outputs without the agreed check.
  • For the availability of third-party hosting and AI services, I give no warranty beyond what that party itself gives.

Article 15 — Force majeure

  • Force majeure is a cause not attributable to me that makes performance impossible or unreasonably difficult. I mean: outages at hosting and AI suppliers, changes to their policies or APIs, cyberattacks, power and internet failures, and illness.
  • In force majeure the schedule shifts. I let you know at once.
  • I work alone. If I am out of action for more than two weeks, you hear so and you choose: wait or stop. If you stop, you get back what you paid in advance for work not yet done.
  • If any other force majeure lasts longer than 60 days, either you or I may end the agreement in writing. Work already done, you pay for.

Article 16 — Complaints, law and jurisdiction

  • If you are unhappy about something, say so. You and I try to resolve it together first.
  • Dutch law applies to every agreement. The Vienna Sales Convention does not apply.
  • If you and I cannot resolve it, the Amsterdam District Court has exclusive jurisdiction, unless mandatory law provides otherwise.
  • Where a translation differs from the Dutch text, the Dutch text applies.

Article 17 — This website

  • The information on sinyoswildens.nl is general and meant to give you an idea. It is not advice for your situation. That advice you get in a call.
  • I do my best to keep the site accurate and up to date, but I give no warranty on that. Blog posts are written partly with AI; each post says so and I read them after publication. Some of the atmospheric imagery is AI-generated, with no real people.
  • The texts, images, logo and code on this site are mine. You may quote with attribution. Cases and quotes appear with the client's consent. I am not responsible for sites I link to.
  • The email address on this site is for contact, not for unsolicited advertising.
  • These terms may change. The version and date are at the top. For an assignment in progress, the version that came with the quote applies. For a subscription, new terms take effect one month after they are announced; until then you may cancel.

Questions about this text? Email sinyo@sinyoswildens.nl.