TERMS OF SERVICE

1. General Terms of Service


1.1 AI4R b.v. as a Service Solutions (“WAIR Solutions”)

  • AI4R b.v. WAIR Solutions are an “as a service” offering that AI4R b.v. makes remotely available via a network, such as software as a service, platform as a service, or infrastructure as a service.
  • Each AI4R b.v. WAIR Solution is described in a Transaction Documents (TDs) which detail the specifics of transactions, such as charges and a description of and information about the WAIR Solutions. Examples of TDs include ordering documents, invoices, service descriptions, and statements of works. There may be more than one TD applicable to a  transaction..
  • AI4R b.v. WAIR Solutions are designed to be available 24/7, subject to maintenance. AI4R b.v. will provide advance notice of scheduled maintenance.
  • Technical support and service level commitments, if any, are specified in an TD or Attachment. Documents identified as Attachments provide supplemental terms that apply across certain types of transactions such as a solution attachment.

1.2 Non-AI4R b.v. Services

  • AI4R b.v. may offer third party Cloud Services, or AI4R b.v. Services may enable access to third party Cloud Services (Non-AI4R b.v. Services).
  • A TD will identify any applicable third party terms that govern Client’s use of Non-AI4R b.v. Services. Use of Non-AI4R b.v. Services constitutes Client’s agreement with the third party terms.
  • AI4R b.v. is not a party to any third party terms and is not responsible for Non-AI4R b.v. Services.

1.3 Order Acceptance

  • Client accepts the applicable Attachment or TD for AI4R b.v.  WAIR Solutions by ordering, enrolling, using, or making a payment.
  • AI4R b.v. accepts a Client’s order by confirming the order or enabling access to the WAIR Solution(s) environment.

1.4 What AI4R b.v. Provides

  • AI4R b.v. provides the facilities, personnel, equipment, software, and other resources necessary for AI4R b.v. to provide the AI4R b.v. WAIR Solution(s).
  • AI4R b.v. provides generally available user guides and documentation to support Client’s use of the AI4R b.v. WAIR Solution(s).

1.5 Enabling Software

  • Enabling Software is software that Client accesses through a browser or downloads to Client systems that facilitates the use of the WAIR Solution(s) and will be identified in a TD.
  • Enabling Software is not part of the WAIR Solution and Client may use Enabling Software only in connection with use of the WAIR Solution in accordance with any licensing terms specified in a  TD.
  • The licensing terms will specify applicable warranties, if any. Otherwise, Enabling Software is provided as is, without warranties of any kind.

1.6 What Client Provides

  • Client will provide hardware, software and connectivity to access and use the WAIR Solution(s), including any required Client-specific URL addresses and associated certificates.

1.7 Right to Use and Client Responsibilities

  • Client’s authorised users may access the WAIR Solution(s) only to the extent of authorisations Client acquire
  • Client is responsible for the use of the WAIR Solution(s) by any user who accesses the WAIR Solution(s) with Client’s account credentials.

1.8 Acceptable Use Terms

  • The WAIR Solution(s) may not be used for unlawful, harmful, obscene, offensive, or fraudulent Content or activity. Examples of prohibited activities are advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, or deceptive messages, introducing viruses or harmful code, or violating third party rights.
  • Client may not use the WAIR Solution(s) if failure or interruption of the WAIR Solution(s) could lead to death, serious bodily injury, or property or environmental damage.
  • Client may not:
  1. reverse engineer any portion of a the WAIR Solution(s);
  2. assign or resell direct access to a the WAIR Solution(s) to a third party outside Client’s Enterprise; or
  3. combine the WAIR Solution(s) with Client’s value add to create a Client branded solution that Client markets to its end user customers unless otherwise agreed by AI4R b.v. in writing.

1.9 Preview AI4R b.v. as a Service Solution(s)

  • The WAIR Solution(s) or features of the WAIR Solution(s) are considered “preview” when AI4R b.v. makes such services or features available at no charge, with limited or pre-release functionality, or for a limited time to try available  functionality. Examples of preview WAIR Solution(s) include beta, trial, no-charge, or preview-designated WAIR Solution(s).
  • Any preview WAIR Solution(s) is excluded from available service level agreements and may not be supported.
  • AI4R b.v. may change or discontinue a preview of the WAIR Solution(s) at any time and without  notice.
  • AI4R b.v. is not obligated to release a preview of the WAIR Solution(s) or make an equivalent service generally available.

2. Content and Data Protection


2.1 Content Client Provides

  • Content consists of all data, software, and information that Client or its authorised users provides, authorises access to, shares with AI4R b.v., or inputs to AI4R b.v. WAIR Solution(s).
  • Client grants the rights and permissions to AI4R b.v., its affiliates, and contractors of either, to use, provide, store, and otherwise process Content solely for the purpose of providing the AI4R b.v. WAIR Solution(s).
  • Use of the WAIR Solution(s) will not affect Client’s ownership or license rights of Content.

2.2 Use of Content

  • AI4R b.v., its affiliates, and contractors of either, will access and use the Content solely for the purpose of providing and managing the AI4R b.v. WAIR Solution(s).
  • AI4R b.v. will treat Content as confidential by only disclosing to AI4R b.v. employees and contractors to the extent necessary to provide the AI4R b.v. WAIR Solution(s).
  • By the very nature of machine learning systems, some Content may become implicitly represented in the weights of algorithms and machine learning models. Explicit representations will remain confidential at all times.
  • AI4R b.v. cannot be held responsible for any loss of data, if anything should occur.

2.3 Client Responsibilities

  • Client is responsible for obtaining all necessary rights and permissions to permit processing of Content in the AI4R b.v. WAIR Solution(s).
  • Client will make disclosures and obtain consent required by law before Client provides, authorises access, or inputs individuals’ information, including personal or other regulated data, for processing in the AI4R b.v. WAIR Solution(s).
  • If any Content could be subject to governmental regulation or may require security measures beyond those specified by AI4R b.v. for the AI4R b.v. WAIR Solution(s), Client will not provide, allow access to, or input the Content for processing in the AI4R b.v. WAIR Solution(s) unless specifically permitted in the applicable TD or unless AI4R b.v. has first agreed in writing to implement additional security and other measures.

2.4 Data Protection

  • AI4R b.v. Data Security and Privacy Principles (DSP), at https://www.AI4R.com/WAIR/data-security, apply for standard the AI4R b.v. WAIR Solution(s) that are generally available.
  • Specific security features and functions of the AI4R b.v. WAIR Solution(s) will be described in the applicable Attachment or TD.
  • Client is responsible for selecting, ordering, enabling, and using available data protection features appropriate to support Client’s use of the WAIR Solution(s).
  • Client is responsible for assessing the suitability of the WAIR Solution(s) for the Content and Client’s intended use. Client acknowledges that the WAIR Solution(s) used meet Client’s requirements and processing instructions required to comply with applicable laws.

2.5 AI4R b.v. Data Processing Addendum

  • AI4R b.v. Data Processing Addendum (DPA) is found at https://www.AI4R.com/dpa.
  • Each AI4R b.v. WAIR Solution(s) has a DPA  Exhibit that specifies how AI4R b.v. will process Client’s data.
  • The DPA and applicable DPA Exhibit(s) apply to personal data contained in Content, if and to the extent: i) the European General Data Protection Regulation (EU/2016/679); or ii) other data protection laws identified at https://www.AI4R b.v..com/dpa/dpl apply.
  • Upon request by either party, AI4R b.v., Client, or affiliates of either, will enter into additional agreements as required by law in the prescribed form for the protection of regulated personal data included in Content. The parties agree (and will ensure that their respective affiliates agree) that such additional agreements will be subject to the terms of the Agreement.

2.6 Removal of Content

  • For AI4R b.v. WAIR Solution(s) with self-managed features, Client can remove Content at any time. Otherwise, AI4R b.v. will return or remove Content from AI4R b.v. computing resources upon the expiration or cancellation of the AI4R b.v. WAIR Solution(s), or earlier upon Client’s request.
  • AI4R b.v. may charge for certain activities performed at Client’s request (such as delivering Content in a specific format).
  • AI4R b.v. does not archive Content; however, some Content may remain in the AI4R b.v. WAIR Solution backup files until expiration of such files as governed by AI4R b.v. backup retention practices.
  • Content that is implicitly represented through parameters and weights in machine learning algorithms and models that are part of the WAIR platform and solutions, is non-removable due to the abstract nature of its representation.

3. Changes and Withdrawal of WAIR Solutions


3.1 AI4R b.v. Right to Change WAIR Solutions

  • At any time  and at AI4R b.v. discretion, AI4R b.v. may change:
  1. the AI4R b.v. WAIR Solution, including the corresponding published descriptions;  and
  2. the DSP and other published data security and privacy documentation for the AI4R b.v. WAIR Solution.
  • The intent of any change to the above will be to:
  1. make available additional features and functionality;
  2. improve and clarify existing commitments; or
  3. maintain alignment to current adopted operational and security standards or applicable laws.
  • The intent is not to degrade the security or data protection features or functionality of the AI4R b.v. WAIR Solution.
  • Changes to the published descriptions, DSP, or published other documents as specified above, will be effective when published or on the specified effective date.
  • Any changes that do not meet conditions specified above will only take effect, and Client accepts, upon:
  1. a new order;
  2. the term renewal date  for the AI4R b.v. WAIR Solution that automatically renew; or
  3. notification from AI4R b.v. of the change effective date for ongoing services that do not have a specified term.


3.2 Withdrawal of a WAIR Solution

  • AI4R b.v. may withdraw a AI4R b.v. WAIR Solution(s) on 12 months’ notice.
  • AI4R b.v. will continue to provide withdrawn AI4R b.v. WAIR Solution(s) for the remainder of Client’s unexpired term or work with Client to migrate to another generally available Digital Employee as a Service offering.
  • Non-AI4R b.v. Services may be discontinued at any time if the third party discontinues or AI4R b.v. no longer makes available such services.

4. Warranties


4.1 AI4R b.v. Warrants

  • AI4R b.v. warrants that it provides AI4R b.v. WAIR Solution(s) or other AI4R b.v. Services using commercially reasonable care and skill and as described in the applicable TD.
  • These warranties end when the  AI4R b.v. WAIR Solution(s) or other AI4R b.v. Services end.
  • These warranties are the exclusive warranties from AI4R b.v. and replace all other warranties, including the implied warranties or conditions of satisfactory quality, merchantability, non- infringement, and fitness for a particular purpose.


4.2 Warranty Limitations

  • AI4R b.v. does not warrant the uninterrupted or error-free operation of the AI4R b.v. WAIR Solution(s). AI4R b.v. does not warrant it will correct all defects.
  • While AI4R b.v. endeavors to provide security measures to keep all data secure, AI4R b.v. does not warrant AI4R b.v. can prevent all third party disruptions or unauthorized third party access.
  • AI4R b.v. warranties will not apply if there has been misuse, modification, damage not caused by AI4R b.v., or failure to comply with written instructions provided by AI4R b.v..
  • AI4R b.v. makes preview WAIR Solution(s) or Non-AI4R b.v. Services under the Agreement as-is, without warranties of any kind. Third parties may provide their own warranties to Client for Non-AI4R b.v. Services.

5. Charges, Taxes, and Payments


5.1 Charges

  • Client agrees to pay all applicable charges specified in a TD and charges for use in excess of authorizations.
  • Charges are exclusive of any customs or other duty, tax, and similar levies imposed by any authority resulting from Client’s acquisitions under the Agreement and will be invoiced in addition to such charges.
  • Amounts are due upon receipt of the invoice and payable within 30 days of the invoice date to an account specified by AI4R b.v. and late payment fees may apply.
  • Prepaid services must be used within the applicable period.
  • AI4R b.v. does not give credits or refunds for any prepaid, one-time charges, or other charges already due or paid, except as provided in the Agreement.
  • If AI4R b.v. commits to pricing as specified in a TD, AI4R b.v. will not change such pricing during the specified term. If there is not a specified commitment, then AI4R b.v. may change pricing on thirty days’ notice.


5.2 Withholding Taxes

  • Client agrees to:
  1. pay withholding tax directly to the appropriate government entity where required by law;
  2. furnish a tax certificate evidencing such payment to AI4R b.v.;
  3. pay AI4R b.v. only the net proceeds after tax; and
  4. fully cooperate with AI4R b.v. in seeking a waiver or reduction of such taxes and promptly complete and file all relevant documents.


5.3 Invoicing

  • AI4R b.v. will invoice:
  1. recurring charges at the beginning of the selected billing frequency term;
  2. overage and usage charges in arrears; and
  3. one-time charges upon AI4R b.v.’s acceptance of an order.

6. Liability and Indemnity


6.1 Liability for Damages

  • AI4R b.v.’s entire liability for all claims related to the Agreement will not exceed the amount of any actual direct damages incurred by Client up to the amounts paid (if recurring charges, up to 12 months’ charges apply) for the service that is the subject of the claim, regardless of the basis of the claim.
  • AI4R b.v. will not be liable for special, incidental, exemplary, indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.
  • These limitations apply collectively to AI4R b.v., its affiliates, contractors, and suppliers.


6.2 What Damages are Not Limited

  • The following amounts are not subject to the above cap:
  1. third party payments referred to in the Infringement Claims subsection below; and
  2. damages that cannot be limited under applicable law.


6.3 Infringement Claims

  • If a third party asserts a claim against Client that the AI4R b.v. WAIR Solution(s) infringes a patent or copyright, AI4R b.v. will defend Client against that claim and pay amounts finally awarded by a court against Client or included in a settlement approved by AI4R b.v..
  • To obtain AI4R b.v.’s defense against and payment of infringement claims, Client must promptly:
  1. notify AI4R b.v. in writing of the claim;
  2. supply information requested by AI4R b.v.; and
  3. allow AI4R b.v. to control, and reasonably cooperate in, the defense and settlement, including mitigation efforts.
  • AI4R b.v.’s defense and payment obligations for infringement claims extend to claims based on Open Source Code that AI4R b.v. selects and embeds in the AI4R b.v. WAIR Solution(s). Open Source Code is software code licensed from a third party meeting the Open Source Definition defined at https://opensource.org/osd.


6.4 Claims Not Covered

  • AI4R b.v. has no responsibility for claims based  on:
  1. non-AI4R b.v. products and services, including Non-AI4R b.v. Services;
  2. items not provided by AI4R b.v.; or
  3. any violation of law or third party rights caused by Content, materials, designs, or specifications.

7. Term and Termination


7.1 Term of a Digital Employee as a Service Solution

  • The term begins on the date AI4R b.v. notifies Client that Client can access the WAIR Solution(s).
  • The ordering TD will specify whether the WAIR Solution(s) renew automatically, proceed on a continuous use basis, or terminate at the end of the term.
  • For automatic renewal, unless Client provides written notice of non-renewal to AI4R b.v. or the AI4R b.v. Business Partner involved in the WAIR Solution(s) at least 30 days prior to the term expiration date, the WAIR Solution(s) will automatically renew for the specified term.
  • For continuous use, the WAIR Solution(s) will continue to be available on a month to month basis until the Client provides 30 days written termination notice to AI4R b.v. or the AI4R b.v. Business Partner involved in the WAIR Solution(s). The WAIR Solution(s) will remain available until the end of the calendar month after the 30-day period.


7.2 Suspension of a AI4R b.v. WAIR Solution

  • AI4R b.v. may suspend or limit, to the extent necessary, Client’s use of a AI4R b.v. WAIR Solution(s) if AI4R b.v. reasonably determines there is a:
  1. material breach of Client’s obligations;
  2. security breach;
  3. violation of law; or
  4. breach of the Acceptable Use Terms.
  • AI4R b.v. will provide notice prior to a suspension as commercially reasonable.
  • If the cause of a suspension can reasonably be remedied, AI4R b.v. will provide notice of the actions Client must take to reinstate the AI4R b.v. WAIR Solution(s). If Client fails to take such actions within a reasonable time, AI4R b.v. may terminate the AI4R b.v. WAIR Solution(s).


7.3 Term of Digital Employee as a Service Solution

  • Client may terminate the AI4R b.v. WAIR Solution(s) on 30  days’ notice:
  1. at the written recommendation of a government or regulatory agency following a change in either applicable  law or the AI4R b.v. WAIR Solution(s);
  2. if a change to the AI4R b.v. WAIR Solution(s) causes Client to be non-compliant with applicable laws; or
  3. if AI4R b.v. notifies Client of a change to the AI4R b.v. WAIR Solution(s) that has a material adverse effect on Client’s use of the AI4R b.v. WAIR Solution(s), provided that AI4R b.v. will have 90 days to work with Client to minimize such effect.
  • In the event of any such Client termination above or a similar termination of a Non-AI4R b.v. Service, AI4R b.v. shall refund a portion of any prepaid amounts for the applicable Cloud Service for the period after the date of termination.
  • Client may terminate the AI4R b.v. WAIR Solution(s) for material breach of AI4R b.v.’ obligations by giving notice and reasonable time to comply.
  • If the WAIR Solution(s) are terminated for any other reason, Client will pay AI4R b.v., on the date of termination, the total amounts due per the Agreement.
  • Upon termination, AI4R b.v. may assist Client in transitioning Content to an alternative technology for an additional charge and under separately agreed terms.


7.4 Termination of this DESA

  • Either party may terminate  this DESA:
  1. without cause on at least 30 days’ notice to the other after expiration or termination of its obligations under the Agreement; or
  2. immediately for cause if the other is in material breach of the Agreement, provided the one who is not complying is given notice and reasonable time to comply.
  • Any terms that by their nature extend beyond the Agreement termination remain in effect until fulfilled and apply to successors and assignees.
  • Termination of this DESA does not terminate TDs, and provisions of this DESA as they relate to such TDs remain in effect until fulfilled or otherwise terminated in accordance with their terms.
  • Failure to pay is a material breach.


7.5 Waiver of Rights

  • The Parties waive their rights under Title 7.1 (‘Koop’) and clause 7:401 and 402 of the Dutch Civil Code, and their rights to invoke a full or partial dissolution (‘gehele of partiële ontbinding’) of this Agreement under section 6:265 of the Dutch Civil Code.

8. Governing Laws and Geographic Scope


8.1 Compliance with Laws

  • Each party is responsible for complying with:
  1. laws and regulations applicable to its business and Content; and
  2. import, export and economic sanction laws and regulations, including defense trade control regime of any jurisdiction, including the International Traffic in Arms Regulations and those of the United States that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users.


8.2 Applicable Laws

  • Both parties consent to the application of the laws of The Netherlands to govern, interpret and enforce all of the client’s and AI4R b.v. rights, duties and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
  • The rights and obligations of each party are  valid only in the  country of Client’s business address.
  • If Client or any user exports or imports Content or uses any portion of the WAIR Solution(s) outside the country of Client’s business address, AI4R b.v. will not serve as the exporter or importer, except as required by data protection laws.
  • If any provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect.
  • Nothing in the Agreement affects statutory rights of consumers that cannot be waived or limited by contract.
  • The United Nations Convention on Contracts for the International Sale of Goods does not apply to transactions under the Agreement.


9. General


9.1 Intellectual property

  • AI4R b.v. continuously updates and modifies the Digital Employee as a Service offering, including but not limited to the machine learning algorithms and enriched data (excluding client labeled data).  All of these updates and modifications are the property of AI4R b.v. and AI4R b.v. may make them available to all clients.
  • By the very nature of machine learning systems, derivatives of some content may become implicitly represented in the weights of algorithms and machine learning models. Explicit representations will remain confidential at all times and reconstruction or simulation of client proprietary data will not be possible from remaining derivatives.
  • WAIR solution(s) are fueled by the information that is uploaded. If the Client has supplied that information, AI4R b.v. does not share that information with any other client.  It stays contained within that WAIR Solution instance.
  • If  the trained model is deleted, what remains is the improved WAIR solution — the updated machine learning algorithms, deep learning algorithms, such as the Visual Search capabilities, but not client specific decision modules.  AI4R b.v. owns those modifications and is free to license the modified WAIR technology to other clients.


9.2 AI4R b.v. Role

  • AI4R b.v. is an independent contractor, not Client’s agent, joint venturer, partner, or fiduciary.
  • AI4R b.v. does not undertake to perform any of Client’s regulatory obligations or assume any responsibility for Client’s business or operations, and Client is responsible for its use of WAIR Solution(s).
  • AI4R b.v. is acting as an information technology provider only.
  • AI4R b.v. direction, suggested usage, or guidance or use of the WAIR Solution(s) do not constitute medical, clinical, legal, accounting, or other licensed professional advice. Client and its authorized users are responsible for the use of the WAIR Solution(s) within any professional practice and should obtain their own expert advice.
  • Each party is responsible for determining the assignment of its and its affiliates personnel, and their respective contractors, and for their direction, control, and compensation.


9.3 DESA Changes

  • AI4R b.v. may change this DESA by providing Client at least three months’ notice.
  • DESA changes are not retroactive. They will only apply as of the effective date to:
  1. new orders;
  2. continuous WAIR Solution(s) that do not expire; and
  3. renewals.
  • For transactions with a defined renewable contract period stated in a TD, Client may request that AI4R b.v. defer the change effective date until the end of the current contract period.
  • Client accepts changes by placing new orders, continuing use after the change effective date, or allowing transactions to renew after receipt of the change notice.
  • Except as provided in this section and the Changes and Withdrawal of WAIR Solution(s) section above, all other changes to the Agreement must be in writing accepted by both parties.


9.4 Business Conduct

  • AI4R b.v. maintains a robust set of business conduct and related guidelines covering conflicts of interest, market abuse, anti-bribery and corruption, and fraud.
  • AI4R b.v. and its personnel comply with such policies and require contractors to have similar policies.


9.5 Business Contact and Account Usage Information

  • AI4R b.v., its affiliates, and contractors of either require use of business contact information and certain account usage information. This information is not Content.
  • Business contact information is used to communicate and manage business dealings with the Client. Examples of business contact information include name, business telephone, address, email, and user ID.
  • Account usage information is required to enable, provide, manage, support, administer, and improve WAIR Solution(s). Examples of account usage information include digital information gathered using tracking technologies, such as cookies and web beacons during use of the AI4R b.v. WAIR Solution(s).
  • When Client provides information to AI4R b.v. and notice to, or consent by, the individuals is required for such processing, Client will notify individuals and obtain consent.


9.6 AI4R b.v. Business Partners

  • AI4R b.v. Business Partners who use or make available WAIR Solution(s) are independent from AI4R b.v. and unilaterally determine their prices and terms. AI4R b.v. is not responsible for their actions, omissions, statements, or offerings.
  • If AI4R b.v. notifies Client their current AI4R b.v. Business Partner will no longer resell WAIR Solution(s), Client may select to acquire auto renewing or continuous use WAIR Solution(s) directly from AI4R b.v. or from another authorized AI4R b.v. Business Partner.


9.7 Assignment

  • Neither party may assign the Agreement, in whole or in part, without the prior written consent of the other.
  • AI4R b.v. may assign rights to receive payments. AI4R b.v. will remain responsible to perform its obligations.
  • Assignments by AI4R b.v. in conjunction with the sale of the portion of AI4R b.v.’s business that includes the WAIR Solution(s) is not restricted.
  • AI4R b.v. may share this Agreement and related documents in conjunction with any assignment.


9.8 Enterprise Companies

  • This DESA applies to AI4R b.v. and Client (accepting this DESA) and their respective Enterprise companies that provide or acquire WAIR Solution(s) under this DESA.
  • The parties shall coordinate the activities of their own Enterprise companies under the DESA. Enterprise companies include:
  1. companies within the same country that Client or AI4R b.v. control (by owning greater than 50% of the voting shares); and
  • any other entity that controls, is controlled by, or is under common control with Client or AI4R b.v. and has signed a participation agreement.


9.9 Notices and Administration

  • All notices under the Agreement must be in writing and sent to the business address specified for the Agreement, unless a party designates in writing a different address.
  • The parties consent to the use of electronic means and facsimile transmissions for communications as a signed writing.
  • Any reproduction of the Agreement made by reliable means is considered an original.
  • The Agreement supersedes any course of dealing, discussions, or representations between the parties.
  • Where approval, acceptance, consent, access, cooperation, or similar action by either party is required, such action will not be unreasonably delayed or withheld.


9.10 Cause of Action

  • No right or cause of action for any third party is created by the Agreement or any transaction under it.
  • Neither party will bring a legal action arising out of or related to the Agreement more than two years after the cause of action arose.
  • Neither party is responsible for failure to fulfil its non-monetary obligations due to causes beyond its control.
  • Each party will allow the other reasonable opportunity to comply before it claims the other has not met its obligations.


9.11 Global Resources

  • AI4R b.v. may use personnel and resources in locations worldwide, including contractors, to support the delivery of AI4R b.v. WAIR Solution(s).
  • Client’s use of the WAIR Solution(s) may result in the transfer of Content, including personal data, across country borders.
  • A list of countries where Content may be transferred and processed for a AI4R b.v. Cloud Service is included in the applicable TD.
  • AI4R b.v. is responsible for the obligations under the Agreement even if AI4R b.v. uses a contractor and will have appropriate agreements in place to enable AI4R b.v. to meet its obligations for the AI4R b.v. WAIR Solution(s).


9.12 Other Services

  • AI4R b.v. may offer additional customization, configuration, or other services to support WAIR Solution(s), as detailed in a TD.