Terms & Conditions and Service Level Agreement (SLA)

Article 1 — Definitions

• Waterbloom / we / us: Waterblom Beheer B.V., trading as Waterbloom, established in Leiden, the Netherlands, KVK number 28106188.
• Customer: the natural or legal person entering into an Agreement with Waterbloom.
• Service: the package offered by Waterbloom consisting of server space, an AI-driven deployment connector, and guidance in getting an application live.
• Agreement: the agreement between Waterbloom and the Customer for use of a subscription to the Service.
• AI Provider: the provider (currently Anthropic) with whom the Customer independently creates an account and API key for using AI functionality in their own application (Bring Your Own Key, "BYOK").
• Terms: these Terms & Conditions, including the appendix.

Article 2 — Applicability

These Terms apply to all offers, quotes and Agreements of Waterbloom, unless otherwise agreed in writing. Any purchasing or other terms of the Customer are expressly rejected. Deviations from these Terms are only valid if agreed in writing (including by email).

Article 3 — Offer, rates and formation of the Agreement

Waterbloom offers the Service in the Starter, Maker, Business and Business+ packages, at the rates listed on waterbloom.nl at the time of ordering. For Customers who are consumers, prices are shown including VAT; for business Customers, prices may be shown excluding VAT. The Agreement is formed at the moment the Customer places an order and the first payment has been received, or when a quote has been confirmed in writing by both parties.

The stated rates relate exclusively to hosting and guidance, and expressly exclude the Customer's own token usage with the AI Provider (see Article 4).

Article 4 — The Service and own API key (BYOK)

The Service consists of: (a) server space for the Customer's application, (b) a connector allowing the Customer to publish directly to that server space from an AI assistant, and (c) guidance during the first deployment and with subsequent questions.

The Customer independently creates an account and API key with the AI Provider to use AI functionality in their own application, and enters into a separate agreement with the AI Provider for that purpose. Waterbloom is not a party to that agreement, does not charge any fee for the Customer's token usage, and is not liable for any act or omission of the AI Provider, for price changes there, or for token costs the Customer incurs with the AI Provider.

Article 5 — Term, renewal and cancellation

A subscription to the Service is entered into for an indefinite period with a monthly payment term, and is automatically renewed by one month each time. The Customer may cancel the subscription on any day, effective at the end of the current payment term, via the account or by email. After the Agreement ends, Waterbloom retains the Customer's data for a further 14 days, after which it is deleted; the Customer is responsible for making their own timely backup before the Agreement ends.

Article 6 — Right of withdrawal (consumers)

If the Customer is a consumer (a natural person not acting in the exercise of a profession or business), they generally have a 14-day statutory right of withdrawal for a distance contract. When placing an order, the Customer expressly agrees that Waterbloom will begin performing the Service immediately after receipt of payment, and thereby declares, pursuant to Article 6:230p of the Dutch Civil Code, to waive the right of withdrawal once performance has begun. No statutory right of withdrawal applies to business Customers (legal entities and sole proprietorships acting in the exercise of their business).

Article 7 — Obligations of the Customer

• The Customer uses the Service exclusively for lawful purposes and does not post illegal or infringing content.
• The Customer does not attempt to access the environment or data of other customers, and does not misuse the shared infrastructure.
• The Customer keeps their own login details and API keys (including those of the AI Provider) confidential and is liable for use occurring through their account.
• The Customer provides accurate and up-to-date information when ordering.
• The Customer is responsible for making their own backup of important data and code.

Article 8 — Availability and support

Waterbloom uses reasonable efforts to ensure good availability of the Service, but during the start-up and beta phase gives no formal uptime guarantee: this is a best-efforts obligation, not a guaranteed result. Planned maintenance is announced in advance where reasonably possible. Support requests can be submitted through the designated channels; Waterbloom aims to respond within 2 business days. Once the Service is past the beta phase and the number of customers justifies it, a more formal SLA with a concrete uptime percentage and compensation scheme may be introduced.

Article 9 — Liability

Waterbloom's liability for direct damage resulting from an attributable failure in the performance of the Agreement is limited to the amount the Customer paid Waterbloom in the 12 months preceding the event causing the damage. Waterbloom is never liable for indirect damage, including consequential damage, lost revenue or profit, or damage resulting from token costs or acts of the AI Provider. These limitations do not apply insofar as the damage results from intent or deliberate recklessness on the part of Waterbloom.

Article 10 — Force majeure

Force majeure includes, among other things: disruptions at OVH, TransIP, the AI Provider or other third parties engaged by Waterbloom, and disruptions in internet connections reasonably beyond Waterbloom's control. Waterbloom's obligations are suspended during force majeure. If the force majeure lasts longer than 30 days, either party may terminate the Agreement without being liable for damages.

Article 11 — Intellectual property

The Customer retains all rights to their own content and applications hosted through the Service. The name Waterbloom and the technology developed by Waterbloom (including the connector and the provisioning script) remain the property of Waterbloom.

Article 12 — Personal data and privacy

Waterbloom processes personal data in accordance with the General Data Protection Regulation (GDPR) and its own privacy statement. To the extent Waterbloom processes personal data on the Customer's behalf when performing the Service, a data processing agreement can be arranged on request.

Article 13 — Changes to terms and rates

Waterbloom may change these Terms and the rates. Changes are announced at least 30 days before the effective date. In the event of a material change to the Customer's disadvantage, the Customer has the right to cancel the Agreement effective as of the date the change takes effect.

Article 14 — Governing law and disputes

These Terms and all Agreements are governed by the laws of the Netherlands. Disputes are submitted to the competent court of the District Court of The Hague (the district covering Leiden), unless mandatory law prescribes another court — a Customer who is a consumer may in any case choose the court of their own place of residence.

Appendix A — Responsibilities overview

This overview sets out concretely who is responsible for what, as a practical supplement to the articles above — particularly relevant to the BYOK model in Article 4 and the security of the shared infrastructure in Article 7.