Terms

Last updated: September, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you") and DM Champ B.V. ("DM Champ," "we," "us"), a company registered in the Netherlands (CoC: 78315654, VAT: NL861343529B01).

By accessing or using our AI-powered sales and customer engagement platform ("Services"), you agree to be bound by these Terms. If you disagree with any part, you may not access the Services.

2. Service Description

DM Champ provides:

• AI-powered conversational sales agents

• Multi-channel messaging (WhatsApp, Instagram, Facebook Messenger, Web Chat)

• Automated lead qualification and appointment booking

• Integration with third-party platforms

• White-label solutions for agencies

• Real-time analytics and optimization tools

2.1 AI Services

We utilize AI models from OpenAI, Anthropic, and Google (Gemini) to power conversations. These AI services:

• Process conversations in real-time

• Do NOT use your data to train their models

• Are subject to their respective terms and our Data Processing Agreements

3. Account Registration

3.1 Eligibility

• Services are intended for business use

• You must have legal capacity to enter contracts

• No age restrictions apply for business accounts

• You must provide accurate, complete information

3.2 Account Security

• You are responsible for maintaining account confidentiality

• Notify us immediately of unauthorized access

• We are not liable for losses from unauthorized account use

4. Subscription and Pricing

4.1 Plans

• Starter: €27/month

• Growth: €97/month

• Pro: €297/month

• Agency: €497/month

Prices exclude VAT where applicable.

4.2 Trial Period

• 14-day free trial available

• Full functionality during trial

• No credit card required for trial activation

• Automatic conversion to paid plan unless cancelled

4.3 Refund Policy

In accordance with EU/Dutch consumer protection law:

• 14-day money-back guarantee from initial payment

• Refund requests: hi@dmchamp.com

• No refunds after 14-day period except as required by law

• Partial month refunds calculated pro-rata

4.4 Price Changes

• We may adjust prices with 30 days' notice

• You may cancel before new prices take effect

• Continued use constitutes acceptance of new pricing

4.5 Payment Terms

• Monthly subscriptions paid in advance

• Annual subscriptions may receive discounts

• Payments via Stripe (cards, SEPA, iDEAL)

• Failed payments may result in service suspension

5. Usage Rights and Restrictions

5.1 License Grant

We grant you a non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes.

5.2 Acceptable Use

You agree NOT to:

• Use Services for illegal activities

• Send spam or unsolicited messages

• Violate third-party rights

• Attempt to breach security measures

• Resell Services without authorization

• Use Services to harm or harass others

• Transmit malware or harmful code

• Violate messaging platform policies

5.3 Message Limits

• Plans include monthly message credits

• Additional messages charged per usage

• Unused credits don't roll over

• Fair use policy applies to unlimited plans

6. White-Label and Agency Services

6.1 White-Label Rights

Agency plan subscribers may:

• Rebrand the platform with their identity

• Create unlimited sub-accounts

• Set custom pricing for end-users

• Access dedicated support

6.2 Agency Responsibilities

As a white-label partner, you:

• Are responsible for end-user support (first line)

• Must maintain your own terms and privacy policy

• Ensure end-user compliance with these Terms

• Indemnify us for end-user violations

6.3 Revenue Sharing

• No revenue sharing required on standard plans

• Custom enterprise agreements may include revenue terms

7. Intellectual Property

7.1 Our Property

We retain all rights to:

• Platform software and code

• DM Champ trademarks and branding

• AI models and algorithms

• Documentation and training materials

7.2 Your Property

You retain rights to:

• Your customer data

• Custom conversation scripts

• Uploaded content and media

• Business information

7.3 Feedback

Suggestions or feedback become our property and may be used without compensation.

8. Data Protection and Privacy

8.1 GDPR Compliance

• We are GDPR compliant

• You are data controller for your customer data

• We are your data processor

• See our Privacy Policy for details

8.2 Data Processing Agreement

Available upon request for Enterprise customers.

9. Third-Party Services

9.1 Integrations

We integrate with:

• Meta (WhatsApp, Instagram, Messenger)

• Google (Calendar, Drive, Gemini AI)

• OpenAI (GPT models)

• Anthropic (Claude)

• Twilio, Telnyx (messaging)

• Stripe (payments)

9.2 Third-Party Terms

You must comply with terms of integrated platforms.

10. Service Level and Support

10.1 Availability

• Target 99.9% uptime (excluding maintenance)

• Scheduled maintenance with advance notice

• No SLA guarantees unless separately agreed

10.2 Support

• Starter/Growth: Email support

• Pro: Priority email support

• Agency: Dedicated account manager

11. Limitation of Liability

11.1 Disclaimer of Warranties

Services provided "AS IS" without warranties of any kind. We don't guarantee:

• Uninterrupted service

• Error-free operation

• Specific results or revenue

• AI accuracy or suitability

11.2 Liability Cap

Our maximum liability for any claim is limited to:

• Direct damages only

• Amount paid in last 12 months

• Maximum €50,000 per incident

• Aggregate €100,000 per year

11.3 Excluded Damages

We are not liable for:

• Indirect or consequential damages

• Lost profits or revenue

• Loss of data

• Business interruption

• AI-generated content accuracy

• Third-party platform issues

12. Indemnification

You indemnify us against claims arising from:

• Your use of Services

• Violation of these Terms

• Infringement of third-party rights

• Your customer interactions

• AI-generated content you approve and send

13. Termination

13.1 By You

• Cancel anytime with 30 days' notice

• Immediate cancellation for our breach

• No refund for partial months (except trial period)

13.2 By Us

We may terminate immediately for:

• Payment failure

• Material breach of Terms

• Illegal or harmful activities

• Repeated platform policy violations

13.3 Effect of Termination

• Access terminated immediately

• Data available for export (30 days)

• No refund of prepaid fees

• Survival of applicable Terms sections

14. Dispute Resolution

14.1 Informal Resolution

First attempt resolution through good-faith negotiation.

14.2 Mediation

If negotiation fails, non-binding mediation in Amsterdam.

14.3 Arbitration

Binding arbitration under Dutch Arbitration Institute rules.

14.4 Exceptions

Either party may seek injunctive relief in court.

15. General Provisions

15.1 Governing Law

Dutch law governs, excluding conflict rules and CISG.

15.2 Jurisdiction

Courts of Amsterdam, Netherlands have exclusive jurisdiction.

15.3 Entire Agreement

These Terms constitute the complete agreement.

15.4 Amendments

We may modify Terms with 30 days' notice.

15.5 Severability

Invalid provisions will be modified to be enforceable.

15.6 Waiver

No waiver unless in writing.

15.7 Force Majeure

Neither party liable for force majeure events.

15.8 Assignment

You may not assign without our consent.

16. Specific Provisions for High-Ticket Sales

16.1 High-Value Transactions

For transactions over €10,000:

• Human oversight available upon request

• Additional verification may be required

• Customer assumes risk for AI-handled negotiations

16.2 No Financial Advice

AI agents do not provide financial, legal, or professional advice.

17. Export Controls

You agree not to export Services in violation of export laws and regulations.

18. Beta Features

18.1 Beta Access

• Beta features provided "as is"

• May be discontinued without notice

• Feedback may be used without compensation

19. API Usage

19.1 API Access (Pro and Agency plans)

• Subject to rate limits

• Must not overwhelm systems

• API keys must be secured

20. Contact Information

DM Champ B.V.

• Email: hi@dmchamp.com

• Legal: hi@dmchamp.com

• Support: hi@dmchamp.com

• Website: https://dmchamp.com

21. Definitions

• "AI": Artificial Intelligence models and services

• "Credits": Message allowances included in plans

• "Services": All DM Champ platform features and capabilities

• "Sub-account": Accounts created under Agency plans

• "White-label": Rebranded version of our Services

22. Acknowledgment

By using our Services, you acknowledge that:

• You have read and understood these Terms

• You agree to be bound by these Terms

• You have authority to enter this agreement

• AI responses may contain errors

• Success depends on multiple factors beyond our control

Effective Date: September, 2025

OneGlimpe B.V. (trading as DM Champ) The Netherlands CoC: 78315654 VAT: NL861343529B01