This document is the English-language version of the terms of service. In the event of any discrepancy between the Dutch-language and the English-language version, the Dutch-language version shall prevail.
Arkintel B.V. is a company registered in the Netherlands, with the following information:
This contract is a legal agreement between you (hereinafter referred to as "user", "you" or "your") and Arkintel B.V. (hereinafter referred to as "Arkintel", "we", "us" or "our").
The Arkintel platform is developed and operated using software licensed from Arkintel B.V. (hereinafter referred to as "Arkintel"), a software and AI service provider based in Delft, The Netherlands. References to the "platform" or "Services" in these terms encompass the full technology stack operated by Arkintel and provided by Arkintel.
These terms of service govern your access to and use of the Arkintel debt-assistance platform, including the website (the "Site") and any related mobile website, mobile application, or connected media form (collectively, the "Services").
Please read these Terms carefully before creating an account or using the Services. By creating an account and using the Services, you agree to be bound by these Terms.
Our Services are not intended for children. You must be at least 18 years of age to use our Services. If you are under the age of 18, you may not use our Services.
Arkintel limits its Services to users from the European Union. If you are not a resident of the European Union, you may not use our Services.
By using the Services, you represent and warrant that (a) all registration information you submit will be true, accurate, current, and complete and (b) you will maintain the accuracy of such information and promptly update such registration information as necessary.
Any user may only create a single account. If you create multiple accounts, we may suspend or terminate your accounts.
The Arkintel platform is a digital tool designed to assist users in organising and managing their personal debt situation. It provides:
The platform is a supportive tool only. It is not a substitute for professional financial advice, legal advice, or formal debt counselling (schuldhulpverlening). The AI assistant provides informational output only. Users are expected to consult their assigned counsellor or a qualified professional before making financial decisions based on information provided by the platform.
Subject to these Terms, Arkintel grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.
This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Arkintel at any time.
The Services and their original content, features, and functionality are and will remain the exclusive property of Arkintel and its licensors (including Arkintel). The Services are protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Arkintel.
The user understands and agrees that:
In accordance with the EU AI Act (Regulation (EU) 2024/1689), Arkintel discloses the following:
When you upload a document to the platform:
You are responsible for ensuring that you have the right to upload any document you submit to the platform. Do not upload documents belonging to other persons without their explicit consent.
Arkintel B.V. is the data controller for personal data collected through the platform. Arkintel B.V. acts as a data processor on behalf of Arkintel under a data processing agreement (verwerkersovereenkomst) that meets the requirements of Article 28 GDPR.
By creating an account, you acknowledge and accept the processing of your personal data as described in our Privacy Policy. The Privacy Policy forms an integral part of these Terms and contains complete information about:
All data storage and backup locations are within the European Economic Area (EEA). Please refer to the Privacy Policy for complete information.
By using the Services, you agree to comply with the following rules of conduct:
The materials and services on the platform are provided "as is" and "as available". Arkintel and its suppliers and licensors (including Arkintel) hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
Neither Arkintel nor its suppliers and licensors makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you use the Services at your own discretion and risk.
Nothing in this section affects your statutory rights as a consumer under Dutch law.
To the maximum extent permitted by applicable law, Arkintel, Arkintel, and the Gemeente Delft shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of data, profit, revenue, goodwill, business interruption, or any other financial or non-financial loss, arising out of or in connection with the use or inability to use the Services.
In all cases where liability cannot be fully excluded under applicable law, the aggregate liability of Arkintel, Arkintel, and the Gemeente Delft, jointly and severally, for any and all claims arising out of or relating to these Terms or the Services shall be limited to direct damages only and shall not exceed the total amount paid by the user to Arkintel in the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (€100), whichever is greater.
Furthermore, Arkintel is not responsible for the content of any third-party websites linked to or from the Services. The inclusion of any link does not imply endorsement by Arkintel. Use of any such linked website is at the user's own risk.
The limitations in this section apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise.
Nothing in these Terms excludes or limits liability for:
Nothing in this section affects your statutory rights as a consumer under Dutch law.
Arkintel shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Arkintel's reasonable control. This includes, but is not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions or regulations, power outages, internet or telecommunications failures, cyberattacks, failures of third-party service providers (including cloud infrastructure and AI API providers), and labour disputes. During any period of force majeure, Arkintel's obligations under these Terms are suspended without liability for the duration of the event.
We may terminate or suspend access to our Services immediately if you breach these Terms. We may also terminate or suspend access with reasonable notice for other legitimate business reasons, such as discontinuation of the Services or significant changes to the platform.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the governing law and dispute resolution provisions.
The user may terminate their account at any time by contacting Arkintel. Upon termination, Arkintel will delete all personal data associated with the user's account in accordance with the data retention periods set out in the Privacy Policy, unless retention is required by law.
Arkintel makes no obligation or guarantee to store the user's information for any period of time after the termination of the user's account. Users are encouraged to exercise their right to data portability and request a copy of their data prior to terminating their account.
The user agrees to defend, indemnify, and hold harmless Arkintel, Arkintel, the Gemeente Delft, and their respective employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising out of:
The user acknowledges and agrees that they are solely responsible for:
Arkintel, Arkintel, and the Gemeente Delft accept no responsibility for the consequences of any decision or action taken by the user based on information or output provided by the platform. The platform is a supportive tool only and users are expected to verify information independently and consult qualified professionals before making financial, legal, or other significant decisions.
Any new features or tools added to the current Services shall also be subject to the Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
In the case of major changes, we will inform you by email at least fourteen (14) days before the new terms take effect. The classification of a change as minor or major is at the sole discretion of Arkintel.
For material changes that adversely affect your rights, you will be given the opportunity to reject the changes by terminating your account before the effective date without penalty. If you do not agree with the revised Terms, you may terminate your account and request deletion of your data in accordance with the data retention periods in the Privacy Policy. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
In the event any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties agree to work together in good faith to amend or replace the invalid provision with a valid one that most closely achieves the original provision's intent and purpose, to the fullest extent permitted by applicable law. The remaining provisions of this Agreement shall remain in full force and effect, unaffected by the invalidity or unenforceability of any specific part.
This Agreement, including all terms and conditions and any disputes arising from or related to it, shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
In the event of a dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter amicably through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate formal proceedings.
Disputes may be resolved by arbitration if both parties agree. In such case, arbitration shall be conducted in accordance with the Arbitration Rules of a recognized arbitration institution selected by mutual agreement, with the seat of arbitration in the Netherlands. The arbitration proceedings shall be conducted in Dutch or English. The parties shall share the costs of arbitration equally, unless the arbitrators decide otherwise. Any award made by the arbitrators shall be final and binding on both parties.
If the parties do not agree to arbitration, or for any dispute where arbitration is not agreed, the competent courts of the Netherlands shall have exclusive jurisdiction, except where mandatory provisions of consumer law grant you the right to bring proceedings in the courts of your habitual residence.
Nothing in this section shall prevent you from exercising your right to lodge a complaint with the Autoriteit Persoonsgegevens or from bringing proceedings regarding the protection of your personal data before the courts of your habitual residence, in accordance with Article 79 GDPR.
Any notices required or permitted under this Agreement shall be in writing and sent to the email address associated with the user's Arkintel account. The user shall promptly notify Arkintel of any changes to or loss of access to the email address associated with their account. Notices sent to the email address associated with the user's account shall be deemed received upon transmission. It is the responsibility of the user to ensure that they regularly check their email for notices from Arkintel.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Arkintel with respect to the use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Arkintel regarding the Services.