Terms and conditions
Last modified: 10 June 2026 · Effective date: 10 June 2026
These terms and conditions (“Terms”) apply to all services provided by MBWorkers Vof (“MBWorkers”, “we”, “us”) to business clients (“Client”, “you”). They apply solely to business entities, not to consumers. By using our services you agree to these Terms. Together with any proposal or order confirmation (“Order”), they form the entire agreement between you and us.
1. Definitions
- Subscription: our core service — an ongoing partnership for a fixed monthly fee, within which we work on your ideas, questions and tasks.
- Request: a question, idea or task you submit for us to pick up from the queue.
- Outcome / Deliverable: the result we deliver to you (e.g. a list, report, analysis, or a running process that produces results).
- MBWorkers Systems: the tools, workflows, prompts, configurations, accounts and infrastructure we use and keep in-house to produce the Outcome.
- Subprocessor: a third party we use to deliver the service, including AI providers (e.g. OpenAI, Anthropic), tooling and hosting.
- Client Materials: all data, information and materials you provide to us.
- Internal business use: the right to use Outcomes within your own organisation without limit, but not to sell, sublicense or distribute them to third parties.
2. Our service — the subscription
- For a fixed monthly fee you engage us as your dedicated AI partner. You bring your ideas, questions and tasks; we take them on.
- You may place an unlimited number of Requests in the queue. We work through them in order of priority, in consultation with you — typically one main job at a time, with shorter questions running alongside.
- We run the work in our own systems and deliver you the Outcome. You do not have to learn, manage or maintain any system.
- We do not guarantee specific outcomes or turnaround times; we use our best efforts based on your input. Larger jobs are broken into stages so there is something tangible every month.
3. What is included, what is not
- Included: our team's time, an unlimited number of Requests in the queue, the standard tools, AI credits and infrastructure we normally use, and reasonable maintenance and support of what we build and run for you while your subscription is active.
- Tool and usage costs: standard tool, API and infrastructure costs are included up to a reasonable limit of EUR 295 per month (roughly 10% of the monthly fee).
- Agreed in advance (additional costs): costs above that limit, and resources specifically required for your project — such as expensive third-party licenses, paid data sources, or exceptionally large volumes of data or compute — are always agreed with you in advance. We never charge such costs by surprise after the fact. Agreed additional costs are invoiced at cost.
4. Other ways of working
Besides the subscription, we can also work in other ways where that fits better:
- Hourly / time & materials: scoped work at an hourly rate, set out in an Order.
- One-off fixed-price projects: e.g. an audit or a scoped build, for an agreed amount.
- Custom work outside scope: larger or structural work outside the running subscription. We always define the scope clearly, give an estimate, and only start after your approval.
Which model applies to an engagement is recorded in the relevant Order.
5. Fees, billing and payment
- The subscription is billed monthly in advance. One-off projects and ad-hoc work are billed as agreed in the Order.
- Agreed additional costs, passed-through tool/API costs and any travel costs are invoiced monthly in arrears, at cost.
- All invoices are due within fourteen (14) days of the invoice date (NET 14), unless otherwise agreed in writing.
- All amounts are exclusive of VAT and other applicable taxes.
- Indexation: we may adjust the price for ongoing services once per calendar year, at least equal to the Dutch Consumer Price Index (CPI/CBS). We announce this at least thirty (30) days in advance. If the index is negative, the price stays the same.
- In case of non-payment we may suspend or terminate the service, without prejudice to our right to payment of outstanding amounts.
6. Term, cancellation and pausing
- Cancel any month. The subscription runs month-to-month and renews automatically until cancelled. You may cancel with at least seven (7) days' written notice before the next billing month. No long-term contract, no setup fees, no lock-in.
- Pause. You may pause your subscription in consultation; paid-for time you pause is not lost.
- Money-back guarantee. A new Client may try the service for one month; if you are not satisfied, half of the first month's fee is refunded on request.
- On termination, all services delivered and (agreed) costs incurred up to that point remain payable.
- If an Order has a fixed minimum term (e.g. a scoped project), that term applies as set out in the Order.
7. What we need from you
- Timely, accurate and complete information and access needed to do the work.
- A point of contact who can answer questions and give approvals.
- Use of our services solely for lawful purposes, in line with these Terms and applicable law.
8. Results and intellectual property — the outcome, not the system
- You get the outcome. We build and run everything in our own systems and deliver you the Outcome. You buy the result, not a system to manage.
- We keep the systems. All rights in the MBWorkers Systems (tools, workflows, prompts, configurations, methodology and accounts) remain with MBWorkers. The subscription gives you access to what those systems produce, not to the systems themselves.
- License to Outcomes. Upon payment, you receive a non-exclusive, worldwide license to use the Outcomes delivered to you for internal business use. Reselling, sublicensing or distributing them to third parties is not permitted without our written consent.
- Your data stays yours. Your Client Materials and the data in them remain yours.
- No transfer on termination. If you stop the subscription, the associated running processes and their maintenance stop. You do not automatically receive the underlying systems or managed accounts; any transfer or buy-out of these is agreed separately and in writing.
9. Tools, AI and third parties
- To deliver the service we use Subprocessors, including AI providers (e.g. OpenAI, Anthropic), tooling and hosting. Client Materials may be processed in the course of this; see our privacy policy and, where applicable, the data processing agreement.
- We are not responsible for the systems, security or availability of these third parties, and accept no liability for outages or errors in their software.
- We manage tools, licenses and API accounts on your behalf to ensure continuity and quality. If you stop paying for the necessary underlying licenses, the associated automated processes may stop.
10. Confidentiality and data protection
- We treat your Client Materials and information as confidential and protect them with commercially reasonable measures.
- Where we process personal data on your behalf in delivering the service, we act as a processor. Where required we enter into a data processing agreement (DPA), which prevails over these Terms with respect to the processing of personal data.
- We comply with the GDPR and other applicable law.
11. Warranties and liability
- Services are provided “as is” and “as available”. We disclaim all implied warranties, including fitness for a particular purpose, and do not guarantee specific results.
- Our total liability is limited to the fees you paid in the two (2) months preceding the claim.
- We are not liable for indirect damages, including loss of profit or data.
- We are not liable for delay or failure due to causes beyond our control, including force majeure, government action, third-party failures (such as API outages or bugs in external tools) or cyberattacks.
12. Prohibited use
- You will not use our services for unlawful purposes (such as fraud, tax evasion or money laundering), unethical tasks (such as IP infringement, harassment or discrimination), circumventing our payment processes, or unauthorised automation/scraping of our systems.
- Violation may result in immediate suspension or termination and, where applicable, legal action.
13. Non-solicitation of personnel
During the engagement and for one (1) year afterwards, you and affiliated businesses will not employ or engage any MBWorkers personnel involved in the engagement, nor induce them to leave, except with our prior written consent. In case of breach, a penalty of EUR 12,000 per violation applies, plus EUR 500 per day the violation continues, without prejudice to our right to claim further damages.
14. Availability and fair use
- Unless a separate SLA is agreed, we do not guarantee specific uptime, response or resolution times. We make reasonable efforts toward continuity; timelines vary with complexity and external factors.
- We may temporarily suspend the service for maintenance, or where usage threatens system stability or provider policies (e.g. abusive scraping or “infinite loops”), even if such usage would be billable. We will inform you as soon as possible.
15. Changes, entire agreement and precedence
- We may update these Terms; changes take effect upon posting or notification. Continued use constitutes acceptance.
- In case of conflict between these Terms and a signed Order, the Order prevails.
16. Governing law and jurisdiction
These Terms are governed by Dutch law. Disputes are submitted to the competent Dutch court in the district of our registered seat.
17. Contact
- Company: MBWorkers Vof
- Address: Hollands Hoenlaan 47, 3772 PC Barneveld, Netherlands
- Chamber of Commerce: 96195363
- Email: info@mbworkers.com