Terms of Service

Last updated: January 2025

1. Introduction

These Terms of Service ("Terms") are an agreement between you ("Customer", "you") and Kwartiermakers Pioniers B.V., trading as Sainer ("Sainer", "we", "us").

  • Chamber of Commerce (KvK): 99256010
  • Address: Marie Baronstraat 1, 5026 CG, Tilburg, The Netherlands
  • Contact: support@sainer.nl

By creating an account or using Sainer, you agree to these Terms. If you don't agree, please don't use our service.

2. What Sainer Does

Sainer is an AI-powered phone operator service. We provide:

  • AI call handling: An artificial intelligence system that answers calls on your behalf
  • Call transcription: Automatic text versions of your calls
  • Call analysis: AI-generated summaries and action items
  • Admin dashboard: A web interface to manage your settings and review calls
  • Notifications: Alerts via email, SMS, or WhatsApp about call activity

Our AI uses Google Cloud's Gemini technology to understand callers and respond naturally.

3. Your Account

Creating an account

  • You must provide accurate information when registering
  • You must be at least 18 years old
  • You're responsible for all activity on your account

Keeping it secure

  • Keep your password confidential
  • Use a strong, unique password
  • Tell us immediately if you suspect unauthorized access
  • We're not liable for losses from unauthorized account access if you didn't protect your credentials

Multi-tenant structure

  • Your account belongs to an organization ("tenant")
  • You may invite team members to your organization
  • You're responsible for your team members' compliance with these Terms

4. Subscriptions and Billing

Plans

We offer various subscription plans with different features and usage limits. Current plans and pricing are available on our website at sainer.nl.

Billing

  • Subscriptions are billed monthly or annually
  • Payment is processed by Mollie (our payment provider)
  • Prices are in Euros and exclude VAT unless stated otherwise
  • We may change prices with 30 days' notice

Overages

  • If you exceed your plan's included minutes or calls, overage charges apply
  • Overage rates are specified in your plan details
  • You can monitor usage in your dashboard

Failed payments

  • If payment fails, we'll try again and notify you
  • After repeated failures, we may suspend your service
  • You remain responsible for outstanding amounts

5. Acceptable Use

You agree to:

  • Use Sainer only for lawful business purposes
  • Comply with all applicable laws and regulations
  • Respect the rights of callers and third parties
  • Inform callers that calls may be recorded and processed by AI (where legally required)

You agree NOT to:

  • Use Sainer for illegal purposes
  • Attempt to deceive callers about the nature of the AI
  • Use the service to harass, threaten, or harm others
  • Attempt to access other customers' data
  • Reverse engineer, copy, or resell our technology
  • Overload our systems or interfere with service operation
  • Use the service for emergency services (911/112 calls)

Violation of these rules may result in immediate termination of your account.

6. AI Service Terms

Understanding AI limitations

  • Our AI is sophisticated but not perfect
  • It may occasionally misunderstand callers or provide imperfect responses
  • AI performance depends on audio quality, accents, and conversation complexity
  • We continuously improve the AI, but cannot guarantee specific outcomes

Human oversight

  • You should regularly review AI-handled calls
  • Configure escalation rules for complex situations
  • Don't rely solely on AI for critical decisions
  • Keep human staff available for situations the AI can't handle

Prohibited AI uses

You may NOT configure Sainer to:

  • Impersonate real individuals without their consent
  • Make false claims about products or services
  • Engage in deceptive practices
  • Provide professional advice (medical, legal, financial) without appropriate human oversight
  • Process calls involving vulnerable individuals without appropriate safeguards

AI transparency

  • We disclose to callers that they're speaking with an AI-powered system
  • You must not disable or circumvent this disclosure where legally required
  • We comply with the EU AI Act transparency requirements

7. Intellectual Property

What we own

  • Sainer owns all rights to our platform, technology, and branding
  • This includes our AI models, software, designs, and documentation
  • You receive a license to use the service, not ownership

What you own

  • You retain ownership of your data (call content, configurations, business information)
  • You own any content you upload or create in Sainer

License you grant us

  • You grant us a license to use your content to provide and improve the service
  • This includes processing calls, creating transcriptions, and developing improved prompt templates
  • For clarity: "Improve" means optimizing our service, prompt templates, and configurations. Your conversation data is NOT used to train or fine-tune AI models (such as Google Gemini). See our Privacy Policy for more details.
  • We don't use your content for unrelated purposes or share it beyond what's needed for the service

8. Data and Privacy

Privacy Policy

Our Privacy Policy explains how we handle personal data. It's part of these Terms.

Your responsibilities

As a business using our service, you're responsible for:

  • Having a legal basis to record calls (e.g., legitimate interest, consent)
  • Informing callers about recording and AI processing where required
  • Ensuring your use of call data complies with applicable laws
  • Entering into a Data Processing Agreement with us if required (available upon request)

Data Processing Agreement

For business customers who need a formal DPA under GDPR, contact us at privacy@sainer.nl.

Data export

  • You can export your data at any time through the dashboard
  • We'll assist with data portability requests

9. Service Availability

Our commitment

  • We aim for high availability but don't guarantee 100% uptime
  • We monitor our systems 24/7
  • We'll notify you of planned maintenance when possible

Maintenance

  • We may perform maintenance that temporarily affects the service
  • Emergency maintenance may occur without advance notice
  • We'll minimize disruption when possible

Support

  • Support is available via email at support@sainer.nl
  • Response times depend on your plan and issue severity
  • We're a small team and do our best to respond quickly

10. Liability

Service provided "as is"

To the maximum extent permitted by law:

  • The service is provided "as is" without warranties
  • We don't guarantee the AI will be error-free or meet your specific needs
  • We're not liable for decisions made based on AI outputs

Limitation of damages

To the maximum extent permitted by law:

  • Our total liability is limited to the fees you paid in the 12 months before the claim
  • We're not liable for indirect, incidental, or consequential damages
  • We're not liable for lost profits, data, or business opportunities

Exceptions

These limitations don't apply to:

  • Liability that can't be excluded by law
  • Our gross negligence or willful misconduct
  • Breaches of data protection law

Your responsibility

You're responsible for:

  • Your use of the service and compliance with these Terms
  • Claims arising from your configuration of the AI
  • Ensuring your use complies with applicable laws

11. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions
  • Internet or telecommunications failures
  • Pandemic or epidemic

We'll notify you of such events and work to resume service as quickly as possible.

12. Termination

You can cancel

  • Cancel your subscription anytime through your dashboard or by contacting us
  • Cancellation takes effect at the end of your current billing period
  • No refunds for partial periods (unless required by law)

We can terminate

We may suspend or terminate your account if you:

  • Violate these Terms
  • Fail to pay after notices
  • Use the service in a way that harms us or other customers

Effect of termination

When your account ends:

  • Your access to the service stops
  • You have 30 days to export your data
  • After 30 days, we delete your data (except what we must keep by law)
  • Outstanding payments remain due

13. Changes to Terms

How we make changes

We may update these Terms at any time. How we notify you depends on the type of change:

  • Minor changes (clarifications, formatting, typos): We update the Terms. No individual notification.
  • Material changes (pricing, liability, service scope): We post the updated Terms on our website at least 14 days before they take effect.
  • Legally required changes: May take effect immediately.

Your options

  • If you don't agree with material changes, you can cancel before they take effect
  • Continuing to use the service after changes means you accept them
  • We recommend checking this page periodically

14. Governing Law and Disputes

Applicable law

These Terms are governed by Dutch law.

Consumer rights

If you're a consumer in the EU, you also benefit from mandatory consumer protection laws in your country of residence. Nothing in these Terms affects those rights.

Resolving disputes

  • We prefer to resolve issues informally first. Contact us at support@sainer.nl
  • If we can't resolve it informally, disputes will be submitted to the competent court in the Netherlands
  • EU consumers can also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

15. General

Entire agreement

These Terms (plus our Privacy Policy) are the entire agreement between us about the service.

No waiver

If we don't enforce a provision of these Terms, that doesn't mean we waive our right to enforce it later.

Severability

If any provision is found unenforceable, the rest of the Terms remain in effect.

Assignment

You can't transfer your account or these Terms without our consent. We may transfer our rights and obligations to a successor company.

Language

These Terms are written in English. If translated, the English version prevails.

16. Contact

Questions about these Terms? Contact us:

  • Email: support@sainer.nl
  • Mail: Kwartiermakers Pioniers B.V., Marie Baronstraat 1, 5026 CG, Tilburg, The Netherlands

Thank you for choosing Sainer. We're committed to providing a great service and being transparent about our terms.