Terms of Service
These terms govern your use of NerrieBuilder. By creating an account you accept them in full.
Who we are
NerrieBuilder is a product and trade name of NerrieServer, registered with the Dutch Chamber of Commerce. Where these terms say "we", "us" or "NerrieBuilder", this means NerrieServer. NerrieServer is the parent company under which NerrieBuilder and other products and platforms are offered. These terms apply to every agreement between you and us regarding NerrieBuilder.
The service
With NerrieBuilder you build a website and/or webshop using AI. We host your project for you on the NerrieBuilder platform. NerrieBuilder is an online (SaaS) service: you use the platform as it is available at that moment. We may change, expand or discontinue the service, features, prices and availability at any time. We make an effort to keep the service available, but do not guarantee uninterrupted or error-free operation.
Your account and use
You are responsible for the accuracy of your details, for keeping your login credentials confidential and for everything that happens through your account. You will not use NerrieBuilder for unlawful, misleading or harmful purposes and will comply with all applicable laws and regulations. You are fully responsible for the content, products, texts, images and data you add or publish, and for your own website or webshop and the obligations that come with it (including your own terms, privacy policy, taxes and consumer rights). We may limit, suspend or remove an account or project that breaches these terms, without owing any compensation.
Subscriptions, trial and payment
NerrieBuilder works with subscriptions and/or a trial period. Prices are as stated on the platform and may be adjusted. Unless stated otherwise, amounts are exclusive of VAT unless explicitly shown as inclusive. Invoicing may be automatic or manual; we determine the invoicing method and may also assign subscriptions manually and invoice them separately. In the event of late payment we may suspend the service. Amounts already paid are in principle non-refundable, except where the law mandates otherwise.
Right of withdrawal (14-day cooling-off period)
If you are a consumer (a natural person not acting for a profession or business), a distance contract gives you a statutory cooling-off period of 14 days. Within that period you may withdraw from the agreement without giving a reason. The period starts on the day the paid agreement is concluded. A free trial is not a paid agreement, so the cooling-off period for the paid subscription starts only when that subscription begins.
NerrieBuilder is digital content and an online service that is available immediately. If you want to start straight away within your cooling-off period, we ask for your express consent to begin at once and you acknowledge that you lose your right of withdrawal once the service has been fully provided with your consent. To the extent the service was already partly provided at your request during the cooling-off period, you owe a proportionate amount for the part delivered if you still withdraw afterwards.
To withdraw, send a clear statement within 14 days, for example by email to info@nerrieserver.nl. Include your name and the account or order. You may also use the model withdrawal form, which we will send you on request. We confirm receipt and refund any amount already paid as soon as possible, within 14 days at the latest, using the same payment method, minus the proportionate part for a service already provided at your request.
Business customers have no statutory right of withdrawal; for them the cancellation options described in these terms and on the platform apply.
Export and switching (important)
You are and remain the owner of your own content. Whenever you want, you can download a static export of your own project: the website or webshop you created, as separate files (such as HTML, CSS, images and, where applicable, the PHP files of your own project).
This export contains only your own project files. You will never receive the source code, engine, studio, generators or other underlying software of NerrieBuilder or the NerrieBuilder platform. That software remains the property of NerrieServer at all times and is not supplied, copied or transferred.
For a simple website such a static export is generally usable without problems. For larger or complex projects, such as full webshops and platform projects with databases, logged-in users, orders, dynamic features or server-side logic, a static export may not contain all functionality or be made to work outside the NerrieBuilder platform. This is a consequence of the nature of such projects. You acknowledge and accept that this is your own responsibility and risk, that we are not liable for this in any way, and that we are not obliged to provide any export, migration or support beyond the static export described here.
Intellectual property
All rights to NerrieBuilder, the platform, the software, the design, the trademarks and the trade names belong to NerrieServer. You only receive a limited, revocable, non-transferable right of use for the duration of your subscription. You may not copy, decompile, reverse-engineer, resell or rebuild (parts of) the platform or the software. The rights to your own content remain with you.
Liability
NerrieBuilder is provided "as is" and "as available", without any warranty. To the extent permitted by law, we exclude all liability for damage arising from or connected to the use of (or inability to use) NerrieBuilder, including but not limited to: data loss, lost revenue or profit, consequential damage, damage from AI-generated content, downtime, errors, security incidents, loss during export or migration, and damage to or through your website or webshop or towards your own customers. To the extent we would nonetheless be liable, our total liability is limited to the amount you actually paid us in the three (3) months before the event causing the damage, with an absolute maximum of five hundred euros (€ 500). You indemnify NerrieServer against third-party claims relating to your use of NerrieBuilder or to your website, webshop or content.
Changes
We may amend these terms. The most recent version is always on this page. If you continue to use NerrieBuilder after a change, you agree to the amended terms.
Governing law
These terms and every agreement are governed exclusively by Dutch law. Disputes will be submitted to the competent court in the district where NerrieServer is established.
Contact
Questions about these terms? Contact NerrieServer at info@nerrieserver.nl.