Terms and conditions
English translation. This page translates our Dutch terms and conditions for readers who prefer English. The Dutch text is the binding version: if the two ever differ, the Dutch terms and conditions prevail.
These terms and conditions apply to all offers, quotations and agreements under which Flixer Pro provides services to business customers (construction and installation companies and related businesses), whether concluded verbally, in writing or through the online platform.
Email: info@flixerpro.nl
Drawn up on 2 December 2025
Article 1. Definitions
1.1 Flixer Pro: Flixer B.V., established in Amsterdam, registered with the Netherlands Chamber of Commerce under number 98298232.
1.2 Customer: any legal entity that enters into an Agreement with Flixer Pro or uses the Platform.
1.3 User: any natural person who uses the Platform under the Customer's responsibility (such as employees, contractors or subcontractors).
1.4 Platform: the software offered by Flixer Pro (via web, mobile app or other forms of online access), including its associated modules and integrations.
1.5 Service(s): all (online) services made available to the Customer by Flixer Pro, including in any event use of the Platform, support, implementation, configuration, integrations, training and other related services.
1.6 AI functionality/functionalities: all functionality within the Platform that makes use (among other things) of algorithms and/or artificial intelligence, such as automatic transcription, summarisation, planning, generated proposals and automated communication.
1.7 Agreement: any agreement between Flixer Pro and the Customer under which Flixer Pro provides Services.
1.8 Documentation: all manuals, specifications, API documentation and other descriptive information about the Services made available by Flixer Pro.
1.9 Parties: Flixer Pro and the Customer together.
1.10 Working day: a calendar day from Monday to Friday, excluding public holidays recognised in the Netherlands.
Article 2. Applicability
2.1 These terms and conditions apply to all quotations, offers, work, agreements and deliveries of Services by or between Flixer Pro and the Customer.
2.2 Departures from these terms and conditions are valid only where expressly agreed between the Parties in writing.
2.3 The applicability of any purchasing conditions or other general terms and conditions of the Customer is expressly rejected.
2.4 If one or more provisions of these terms and conditions are void or are annulled, the remaining provisions remain in full force. In that event Flixer Pro will draw up a new provision that reflects the intent of the original provision as closely as possible.
2.5 Flixer Pro is entitled to amend or supplement these terms and conditions at any time. Flixer Pro will inform the Customer of such changes in good time (for example by email or through the Platform).
2.6 Accepting these terms and conditions also constitutes agreement with the Flixer Pro privacy policy.
Article 3. Formation of the Agreement
3.1 An Agreement is formed at the moment the Customer accepts an offer from Flixer Pro, for example by signing a quotation or by agreeing online to a subscription proposal or registration process.
3.2 If the Customer uses the Platform before formal acceptance (for example during a trial period), these terms and conditions apply from first use.
3.3 Electronic communication (such as email and confirmations through the Platform) is deemed to have been received on the day and at the time it was sent by Flixer Pro, as shown by Flixer Pro's sending logs.
Article 4. Description of the Services
4.1 Flixer Pro offers a SaaS platform for small and medium-sized construction and installation companies, aimed at centralising and automating administrative processes.
4.2 Flixer Pro will use its best efforts to deliver the Services carefully and professionally but gives no guarantee of results. Unless expressly agreed otherwise in writing, Flixer Pro has an obligation of effort only.
4.3 Flixer Pro is entitled to change, extend, limit or discontinue the Services and/or the Platform (in part), for example in response to changes in technology, legislation or market conditions. Flixer Pro will announce material changes in good time as far as reasonably possible.
4.4 Flixer Pro may offer beta functionality, trial modules or experimental features. These are provided "as is", without any form of warranty, and may be modified or discontinued at any time.
Article 5. Use of the Platform and the Customer's obligations
5.1 The Customer is responsible for every form of use of the Platform through its own accounts and login credentials, whether that use is by the Customer's employees or by third parties to whom the Customer has granted access.
5.2 The Customer warrants that all data entered into the Platform is accurate, complete and up to date.
5.3 The Customer ensures that Users comply with these terms and conditions, with Flixer Pro's usage instructions and house rules, and with applicable legislation.
5.4 The Customer is not permitted to:
- a) use the Platform in a way that breaches the law or the rights of third parties;
- b) use the Platform to process or store unlawful, discriminatory, defamatory or otherwise impermissible content;
- c) reverse engineer, copy, reproduce or otherwise manipulate the Platform, or have this done, unless expressly permitted under mandatory law;
- d) circumvent security mechanisms or technical restrictions in the Platform;
- e) use the Platform in a way that may disrupt its proper operation or performance, such as causing excessive load.
5.5 If the Customer or a User acts in breach of this article, Flixer Pro is entitled (without prior notice of default) to suspend the account temporarily or to restrict access to (parts of) the Platform, without prejudice to its right to full compensation.
Article 6. AI functionality and the Customer's responsibility
6.1 Flixer Pro offers AI functionality to support the Customer's operations. This functionality is intended as an aid. Its outcomes are produced wholly or partly automatically and may contain errors, inaccuracies or outdated information.
6.2 The Customer remains fully responsible at all times for:
- a) interpreting and assessing results generated by the Platform or the AI functionality;
- b) all decisions taken on the basis of those results;
- c) compliance with legislation (such as employment law, consumer law, tax rules and privacy legislation).
6.3 Flixer Pro does not guarantee that AI functionality always generates correct, complete or legally and/or technically accurate output.
6.4 The Customer will always check documents, messages, schedules or other output generated by the Platform before using them or sending them to third parties.
6.5 Flixer Pro is not liable for damage caused wholly or partly by incorrect or unchecked use of AI functionality, or by adopting AI-generated advice or text without human review.
Article 7. Accounts, security and access
7.1 The Customer receives one or more accounts giving access to the Platform.
7.2 Login credentials are strictly personal and may not be shared with third parties without the Customer's permission. The Customer ensures that Users handle their own login credentials with care.
7.3 The Customer must inform Flixer Pro immediately of the loss or (suspected) misuse of login credentials. Flixer Pro may then take measures, such as blocking or resetting accounts.
7.4 Flixer Pro will use its best efforts to secure the Platform appropriately, taking into account the state of the art, the cost of implementation and the nature of the data processed. The Customer acknowledges that complete security on the internet cannot be guaranteed.
Article 8. Prices, invoicing and payment
8.1 Unless stated otherwise, all prices charged by Flixer Pro are in euros and exclusive of VAT and other government levies.
8.2 Flixer Pro may offer the Services on a subscription basis (for example monthly or annually), on usage-based fees (such as per user, per job or per transaction) and/or on additional one-off fees (such as implementation, training, custom work or integrations).
8.3 Current rates and subscription types are communicated by Flixer Pro through a quotation, the Platform and the website.
8.4 Flixer Pro is entitled to index prices every six months and will inform the Customer of this in good time. Flixer Pro may also change prices because of changes to the service package or to market conditions. In the event of a substantial price increase, the Customer has the right to terminate the Agreement as of the date the change takes effect.
8.5 Unless agreed otherwise, Flixer Pro applies a payment term of 14 days from the invoice date.
8.6 If payment is not made on time, the Customer is in default without further notice of default, and Flixer Pro is entitled to charge statutory commercial interest and extrajudicial collection costs.
8.7 Flixer Pro is entitled to suspend access to the Platform (temporarily) if invoices are not paid on time, without prejudice to the Customer's obligation to pay all outstanding amounts.
8.8 The Customer is not entitled to set off, suspend or withhold payments, unless mandatory law expressly permits this.
Article 9. Maintenance, updates and availability
9.1 Flixer Pro aims for high availability of the Platform but gives no guarantee of a specific uptime, unless agreed otherwise in a separate service level agreement (SLA).
9.2 Flixer Pro has the right to take the Platform out of service (temporarily) where this is desirable or necessary for maintenance, changes, updates, resolving faults or improving security.
9.3 Planned maintenance is preferably carried out outside office hours. As far as reasonably possible, Flixer Pro will inform the Customer in good time about planned maintenance that may have a noticeable impact.
9.4 Unforeseen faults and emergency maintenance may occur at any time. Flixer Pro is not liable for damage arising from the (temporary) unavailability of the Platform.
9.5 Any compensation agreed in an SLA applies only as agreed and constitutes, where applicable, the sole and complete remedy for reduced availability.
Article 10. Data, privacy and data processing
10.1 The Customer remains the owner of all data it enters, or has entered, through the Platform ("Customer Data").
10.2 To the extent Flixer Pro processes personal data on behalf of the Customer in performing the Services, Flixer Pro qualifies as processor and the Customer as controller within the meaning of the General Data Protection Regulation (GDPR).
10.3 The Parties will enter into a data processing agreement forming part of, or linked to, the Agreement. In the event of a conflict between the data processing agreement and these terms and conditions, the data processing agreement prevails on matters of data protection and privacy.
10.4 The Customer warrants that it is entitled to process personal data through the Platform and that it has a legal basis for doing so under the GDPR (such as consent or legitimate interest).
10.5 Flixer Pro may use anonymised and/or aggregated Customer Data for statistical and analytical purposes and to improve the Platform (including optimising underlying functionality and algorithms), provided that such data cannot be traced back to an identifiable natural person or to the Customer.
10.6 Flixer Pro has taken appropriate technical and organisational measures to protect personal data and other data against loss or unlawful processing, taking into account the state of the art and the nature of the processing.
Article 11. Intellectual property rights
11.1 All intellectual property rights in the Platform, the underlying software, AI models, interfaces, designs, documentation, (online) training and other materials belong exclusively to Flixer Pro and/or its licensors.
11.2 The Customer obtains only a limited, non-exclusive, non-transferable and non-sublicensable right to use the Platform for the term of the Agreement, in accordance with these terms and conditions and the Agreement.
11.3 The Customer is not permitted to copy, rent, lease, sell, distribute or make the Platform or parts of it available to third parties, or to use it for time-sharing or software-as-a-service for the benefit of third parties, unless Flixer Pro has given express written permission.
11.4 The Customer grants Flixer Pro a non-exclusive, worldwide licence to use Customer Data to the extent necessary to deliver the Services and improve the Platform.
11.5 The Customer is not permitted to remove or obscure copyright or other proprietary notices in the Platform.
Article 12. Liability
12.1 Flixer Pro is liable only for direct damage suffered by the Customer as a result of an attributable failure by Flixer Pro to perform its obligations, or of a tort, and in all cases only where there is intent or wilful recklessness on the part of Flixer Pro's management.
12.2 Direct damage means solely:
- a) reasonable costs the Customer has had to incur to bring Flixer Pro's performance into line with the Agreement;
- b) reasonable costs incurred to prevent or limit damage, to the extent the Customer demonstrates that those costs led to a reduction in direct damage;
- c) reasonable costs incurred to establish the cause and extent of the damage.
12.3 Flixer Pro is never liable for indirect damage, consequential damage, lost profit, missed savings, reduced goodwill, damage from business interruption, damage resulting from loss or corruption of data, or damage resulting from incorrect decisions taken on the basis of output generated by the Platform or by AI functionality.
12.4 Flixer Pro's total liability per incident (a series of connected events counting as one incident) is limited to the amount the Customer paid to Flixer Pro in the three (3) months preceding the event causing the damage (excluding VAT). Flixer Pro's total liability will in no event exceed the amount paid out by Flixer Pro's liability insurer in the case concerned, increased by the deductible.
12.5 The limitations of liability in this article do not apply in the event of intent or wilful recklessness on the part of Flixer Pro's management.
12.6 A claim for damages lapses if the Customer has not submitted a specified and substantiated written claim of liability to Flixer Pro within six (6) months of discovering the damage.
Article 13. Force majeure
13.1 Force majeure means any circumstance beyond Flixer Pro's control, whether temporary or permanent, that prevents performance of the Agreement, including to the extent not already covered: disruptions in telecommunications or internet facilities, failure of hosting or cloud suppliers, DDoS attacks, power failures, illness of staff in critical roles, government measures, pandemics, war, terrorism, civil unrest, natural disasters and other situations over which Flixer Pro has no (decisive) influence.
13.2 In the event of force majeure, Flixer Pro is entitled to suspend its obligations for as long as the force majeure situation continues. If the force majeure situation lasts longer than sixty (60) days, either Party is entitled to terminate the Agreement in writing, without either Party owing the other any compensation.
Article 14. Term and termination
14.1 Unless agreed otherwise, a subscription is entered into for the initial contract term stated in the Agreement (for example six (6) months) and is then renewed tacitly for successive equal periods. The Customer or Flixer Pro may terminate the Agreement in writing. Termination takes effect at the end of the current contract or invoicing period, provided Flixer Pro received the notice before the start of the next contract or invoicing period.
14.2 Either Party may rescind the Agreement in whole or in part with immediate effect if the other Party, after written notice of default allowing a reasonable period, attributably fails to perform a material obligation under the Agreement and performance does not follow within that period.
14.3 Flixer Pro is entitled to terminate the Agreement with immediate effect, or to suspend access to the Platform, if:
- a) the Customer acts in breach of these terms and conditions or of legislation, and that breach is serious enough that continuation cannot reasonably be required;
- b) the Customer applies for or is granted a suspension of payments, is declared bankrupt, ceases its business activities or otherwise stops paying its debts.
14.4 Until the date the Agreement ends, the Customer remains entitled to use the Platform in accordance with the Agreement. As of the date the Agreement ends, the Customer's right to use the Platform lapses and access to the accounts will be closed.
14.5 For 60 days after termination, Flixer Pro offers the Customer the option, on request, to obtain an export of relevant Customer Data in a common format, unless Flixer Pro is required by law or regulation to retain data for longer.
14.6 After the period referred to in clause 14.5, Flixer Pro is entitled to delete or irreversibly anonymise the remaining Customer Data, unless agreed otherwise or required by law.
14.7 Termination has no retroactive effect. Fees already invoiced and/or paid for the current contract or invoicing period are not refunded. Termination does not release the Customer from the obligation to pay amounts relating to the current contract or invoicing period.
Article 15. Governing law and competent court
15.1 The Agreement and these terms and conditions are governed exclusively by Dutch law.
15.2 All disputes arising from or connected with the Agreement or these terms and conditions will, to the extent permitted by mandatory law, be submitted exclusively to the competent court in the district of Amsterdam.