1. Definitions

In these General Terms and Conditions, the following terms shall have the meanings set out below:

1.1 mygaide: mygaide.com, acting as an advisory and intermediary platform in the field of artificial intelligence (AI).

1.2 Client: any natural person or legal entity entering into an agreement with mygaide.

1.3 Agreement: any agreement concluded between mygaide and the Client regarding AI-related advisory, selection, or implementation support services.

1.4 Services: all services provided by mygaide, including but not limited to AI strategy development, AI project prioritisation, solution selection, and implementation guidance.

1.5 Third-Party Provider: an external AI service provider, software vendor, or consultancy introduced or recommended by mygaide.

 

2. Applicability

2.1 These General Terms and Conditions apply to all offers, agreements, and services of mygaide.

2.2 Deviations from these terms are only valid if expressly agreed in writing.

2.3 Any general terms and conditions of the Client are expressly rejected.

 

3. Scope of Services

3.1 mygaide provides, inter alia, the following services:

a) development or refinement of a Client-specific AI strategy, including a prioritised list of AI projects;
b) selection and recommendation of suitable AI solutions and/or Third-Party Providers;
c) guidance and support during AI implementation, where expressly agreed.

3.2 mygaide acts exclusively as an independent advisor and intermediary and does not deliver AI software or implementation services itself.

3.3 mygaide does not guarantee any specific technical, financial, or commercial outcome.

 

4. Offers and Formation of the Agreement

4.1 All offers and proposals issued by mygaide are non-binding unless explicitly stated otherwise.

4.2 An Agreement is concluded once the Client confirms an offer in writing or electronically.

4.3 Implementation guidance is included in the Agreement only if explicitly agreed and confirmed prior to the start of the project.

 

5. Fees and Pricing

5.1 The following fees apply (exclusive of VAT):

a) AI strategy development or refinement including 5 prioritised projects: EUR 1990,-
b) Each additional AI project: EUR 290,-
c) Selection of 2 alternative AI solutions for one AI project: EUR 790,-
d) Each additional AI solution: EUR 395,-

5.2 Fees for implementation guidance are communicated separately prior to project commencement and require explicit approval by the Client.

5.3 mygaide reserves the right to adjust its fees at any time; agreed fees remain fixed for the duration of an active Agreement.

 

6. Payment Terms

6.1 50% of the agreed total fee shall be invoiced at the commencement of the assignment.

6.2 The remaining 50% shall be invoiced upon completion of the agreed Services.

6.3 Invoices must be paid within fourteen (14) days of the invoice date.

6.4 In the event of late payment, the Client shall be in default by operation of law and statutory commercial interest shall apply.

6.5 mygaide reserves the right to suspend its Services until full payment has been received.

 

7. Obligations of the Client

7.1 The Client shall provide all information and cooperation reasonably required for the proper execution of the Agreement.

7.2 The Client warrants that all information provided is accurate, complete, and up to date.

 

8. Liability

8.1 mygaide shall only be liable for direct damages resulting from wilful misconduct or gross negligence.

8.2 Any liability of mygaide shall be limited to the total fee paid by the Client for the relevant Agreement, with an absolute maximum of EUR 5,000.

8.3 mygaide shall not be liable for:

a) errors, omissions, or failures of Third-Party Providers;
b) indirect damages, consequential damages, loss of profit, or missed savings;
c) decisions taken by the Client based on advice or recommendations provided by mygaide.

 

9. Role Regarding Third Parties

9.1 mygaide acts solely as an advisor and intermediary.

9.2 Agreements between the Client and Third-Party Providers are concluded directly between those parties.

9.3 mygaide is not a party to, nor responsible for, the execution of agreements between the Client and any Third-Party Provider.

 

10. Intellectual Property

10.1 All intellectual property rights relating to documents, analyses, strategies, reports, and advice produced by mygaide remain the exclusive property of mygaide, unless otherwise agreed in writing.

10.2 The Client is granted a non-exclusive, non-transferable right to use such materials for internal business purposes only.

 

11. Confidentiality

11.1 Both parties shall treat all confidential information received in the context of the Agreement as strictly confidential.

11.2 This confidentiality obligation shall survive termination of the Agreement.

 

12. Termination

12.1 mygaide may terminate the Agreement with immediate effect if the Client:

a) is declared bankrupt or applies for suspension of payments;
b) materially breaches the Agreement.

12.2 In the event of early termination, the Client shall remain liable for payment of Services already performed.

 

13. Governing Law and Jurisdiction

13.1 All Agreements and these General Terms and Conditions shall be governed exclusively by Dutch law.

13.2 Any disputes shall be submitted to the competent court of:

• The Hague, the Netherlands, or

• Düsseldorf, Germany,

depending on which jurisdiction is geographically closer to the Client or located in the Client’s country of establishment.

 

14. Final Provisions

14.1 If any provision of these General Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.2 mygaide reserves the right to amend these General Terms and Conditions at any time.