General terms and conditions

1. Who we are and who these terms apply to

NextWave is a trade name of Fast Solution, registered with the Dutch Chamber of Commerce (KvK) under number 67506127. In these terms that is "NextWave" or "we". The organisation that uses NextWave is "the customer".

These terms apply to every quote, trial and agreement concerning NextWave. We only supply organisations and self-employed professionals acting in the course of a profession or business, not consumers. The customer's own terms do not apply unless we agree so in writing.

2. The service

NextWave is software delivered as a service over the internet. It reads email in the mailboxes the customer connects, looks up answers in the customer's knowledge and systems, prepares drafts, and sends by itself where the customer has set it to. What each plan includes is stated on the pricing page and in the quote.

Parts marked as early access are in development. They may change or stop, and the arrangements on availability do not apply to them.

3. Free trial

A trial lasts 14 days and is free. We put one mailbox in learning mode: NextWave reads along and prepares drafts, but sends nothing. Afterwards the trial stops by itself, unless the customer chooses a plan. There is no invoice and nothing has to be cancelled.

4. Prices and payment

Prices are per month and exclude VAT. We invoice monthly in advance; an invoice is payable within fourteen days.

The requests per plan are a guideline, not a hard limit. If the customer is consistently above it, we adjust the plan together. On Starter, the customer can add bundles of extra requests; these are invoiced monthly, like the plan.

We announce a price change at least thirty days in advance. If the customer does not agree, they can cancel with effect from the date the change takes effect.

If the customer does not pay on time, we send a reminder. If payment still does not follow, we may suspend the service until it has been paid.

5. Term and cancellation

A plan runs per month and is renewed by a month each time. The customer can cancel with effect from the end of the current month, by email to hello@nextwave.works. Switching to another plan is possible per month.

6. What the customer arranges

The customer makes sure they are allowed to connect the mailboxes and systems they connect, and to have the data in them processed. They keep login details secret and are responsible for what happens under their accounts.

NextWave drafts with a language model. A draft may be incorrect or incomplete. The customer decides what is sent: by default a person signs off every message, and automatic sending only happens for the mailboxes and types of email for which the customer has switched it on. What goes out under those settings is the responsibility of the customer.

The customer does not use NextWave for unsolicited bulk email, for anything that breaks the law, or in a way that harms the platform or other customers.

7. Availability and support

We do our best to keep NextWave available without interruption, but do not guarantee it, unless we agree otherwise in a plan or quote. We plan maintenance outside office hours where possible, and announce it when it is noticeable.

Support is available by email on working days. The Extended plan includes 24/7 support, as stated on the pricing page.

8. Data and privacy

The customer's data remains the customer's. For personal data we process on behalf of the customer, the customer is the controller and we are the processor; we conclude a data processing agreement for this. How we ourselves handle personal data is described in our privacy statement.

We do not train any language model on the customer's data.

After the agreement ends, the customer can request an export of their data within thirty days. No later than ninety days after the end we delete it, unless the law requires us to keep it longer.

9. Intellectual property

The software, the brand name and everything we make ourselves remain ours. For the duration of the agreement, the customer gets a non-transferable right to use NextWave for their own organisation. What NextWave produces for the customer, such as drafts and answers, the customer may use freely.

10. Confidentiality

We keep each other's confidential information secret, also after the agreement ends, and use it only to perform the agreement.

11. Liability

Our liability is limited to direct damage, up to at most the amount the customer paid for NextWave in the twelve months before the event that caused the damage. We are not liable for indirect damage, such as lost profit or loss of data.

These limitations do not apply in the case of intent or deliberate recklessness on our part or on the part of our management.

The customer reports damage as soon as possible, and no later than twelve months after they knew or could have known about it.

12. Force majeure

In the event of force majeure, such as an outage at a supplier we depend on, we do not have to fulfil our obligations for as long as it lasts. If force majeure lasts longer than thirty days, either of us may end the agreement.

13. Changes to these terms

We may change these terms. We announce a change at least thirty days in advance. If the customer does not agree, they can cancel with effect from the date it takes effect.

14. Applicable law, disputes and language

These terms and every agreement with NextWave are governed by Dutch law. Disputes are submitted to the competent court in the district where NextWave is established.

These terms are a translation of the Dutch version. If the two differ, the Dutch text applies.