General terms and conditions
The arrangements that apply when you work with Viva67.
About these terms
These general terms and conditions belong to Mova XL, trading as Viva67, established at Stadhouderslaan 12D, 6171 KL Stein, the Netherlands (not a visiting address). Mova XL is registered with the Dutch Chamber of Commerce under number 42106567 and has VAT number NL005498644B28. You can reach us at info@viva67.com or +31 858002423.
Viva67 works only for businesses and organisations, not for consumers. We have written these terms as clearly as possible. If anything is unclear, please ask us before you sign.
Article 1. Definitions
- Viva67: Mova XL, trading as Viva67.
- Client: the business or organisation that enters into an agreement with Viva67, acting in the course of a profession or business.
- Service: the AI chat, the automatic follow-up, the CRM and all related work, such as setup, adjustments and support.
- Agreement: the arrangement between Viva67 and the Client about the Service, including the quotation, these terms and the data processing agreement.
- End users: visitors, (potential) customers and other people who contact the Client through the Service.
- Term: the period for which the Agreement runs each time, for example a month or a year. At the end of each term, the Agreement is renewed automatically for a new term of the same length. The cooperation therefore continues until one of the parties cancels, as described in article 7.
Article 2. Applicability
These terms apply to all quotations, agreements and work of Viva67. Purchasing or other terms of the Client do not apply, unless we have agreed so in writing.
Deviations from these terms only apply if they have been recorded in writing. An email counts as writing. If a provision is invalid, the other provisions remain in force. The invalid provision is then replaced by a provision that comes as close as possible to its intention.
Article 3. Quotations and formation of the agreement
Quotations are without obligation and valid for 30 days, unless the quotation states otherwise. The agreement is formed as soon as the Client accepts the quotation in writing or by email, or as soon as Viva67 starts the work with the Client's consent.
The free automation check is without obligation. The Client is not committed to anything. An agreement only comes into being when the Client accepts a quotation.
Article 4. Performance
Viva67 performs the agreement carefully and to the best of its ability. This is an obligation of effort: Viva67 does not promise a specific result, such as a number of leads, appointments or extra revenue.
The Client supplies the information needed in good time, such as its services, prices, frequently asked questions and preferred tone. The Client checks the configured answers and messages before they go live. If the Client supplies information late, the planning may shift.
Viva67 may engage third parties for the performance, such as hosting and AI providers. Which parties these are and which arrangements apply is set out in the data processing agreement.
Users and access
Every user of the CRM gets their own account. Login details are personal and may not be shared. If the Client wants to give a new user access, it requests this from Viva67 and provides that person's first name, last name and email address, and optionally a phone number. Viva67 uses these details only to arrange access and to contact that user directly about questions or outages.
The Client is responsible for the use of the Service by its users. If a user leaves or no longer needs access, the Client reports this to Viva67 immediately. If the Client has administrator rights in the CRM, it can also revoke access itself.
Article 5. Use of AI
The Service uses artificial intelligence. AI can make mistakes or give incomplete answers. The Client remains responsible for the information it supplies and for arrangements, prices and commitments to its End users.
By default, Viva67 configures the chat so that End users know they are communicating with AI, as required by the European AI Act. The Client does not switch off this notice.
The chat is meant for questions about the Client's services and business. Viva67 configures the chat so that it does not answer questions outside that scope. How we use AI responsibly is explained on the page Security and AI.
Article 6. Excluded sectors and use
Viva67 does not work for organisations and activities that conflict with the law or with our values. In any case we exclude:
- anything related to the sexual abuse or exploitation of children;
- pornographic platforms and other sexual services;
- platforms that spread hatred or focus on extremism, discrimination or violence;
- platforms that focus on war or glorify the violence of war;
- deception, fraud, scams and unsolicited commercial messages without a valid legal basis;
- any other use that conflicts with the law.
If it becomes clear during the cooperation that the Client or its use of the Service falls under these exclusions, Viva67 may suspend the Service immediately and terminate the agreement with immediate effect. The Client is then not entitled to a refund or compensation.
Article 7. Term, renewal and cancellation
The agreement has the term stated in the quotation. At the end of each term, the agreement is renewed automatically for a term of the same length, unless one of the parties cancels in time.
Monthly contract
A monthly contract runs per month, counted from the start date chosen by the Client. It is renewed by one month each time. It can be cancelled up to one month before the start of the new term.
Annual contract
An annual contract runs for twelve months and is renewed by one year each time. It can be cancelled up to three months before the end of the current term. If the Client cancels later, the contract continues for another year.
How to cancel
You cancel by email to info@viva67.com. Within five working days you receive a confirmation with the date on which the agreement ends. Amounts already paid are not refunded on cancellation, unless we have agreed otherwise. If no term has been agreed, the agreement counts as a monthly contract.
Article 8. Prices and payment
All prices are in euros and exclude VAT. Subscription fees are invoiced in advance per term. One-off costs, such as setup, are invoiced at the start, unless we have agreed otherwise.
Direct debit
Payment is made by direct debit. For this, the Client gives Viva67 a mandate at the start.
The Client chooses its own start date. On that day of the month, the subscription amount is then debited every month. If the Client starts on the 6th, for example, the amount is debited on the 6th of the following month and every month after that. If that day does not exist in a month, such as the 31st, we debit on the last day of that month.
Viva67 sends the invoice by email no later than five working days before the debit date. That invoice serves as the advance notice of the direct debit. The Client makes sure there is sufficient balance on the debit date.
If a payment fails
If the direct debit fails for any reason, or if the Client reverses an amount that was rightly collected, Viva67 sends a reminder. From that reminder, the Client has 14 more days to pay the invoice by bank transfer.
If payment has not been made after those 14 days, the Client is in default without any further notice being required, and Viva67 closes the Client's account. The Client remains liable for the outstanding amounts, plus the statutory commercial interest and reasonable collection costs.
Closing the account does not count as a cancellation by the Client. The Client therefore also pays the terms up to the moment the agreement would have ended with a normal cancellation under article 7. For a monthly contract, this means the current month and the following month.
Reopening the account
If the Client wants to continue after the account has been closed, the account can be reopened once all outstanding amounts have been paid. For setting it up again, Viva67 then charges a one-off fee of € 250 excluding VAT.
Article 9. Price changes
Viva67 may adjust its prices once a year. We announce a price change well in advance: at least three months before the effective date, by email or in our newsletter. After that we send a reminder every month until the new price takes effect. This way the Client receives the message at least three times, even if an email is missed once.
If prices go up and the Client does not agree, it may cancel the agreement with effect from the date on which the new price applies. This also applies if that date falls in the middle of a current term, so also with an annual contract. A price change can therefore be a reason to cancel earlier than normal. The Client must cancel before the new price takes effect.
Article 10. Availability and maintenance
Viva67 aims for a well-functioning Service with as little interruption as possible, but cannot guarantee this. The Service depends on third parties, such as hosting, email and AI providers. Where possible, Viva67 announces planned maintenance in advance and preferably schedules it outside office hours.
Article 11. Personal data
For the personal data of End users, the Client is the controller and Viva67 the processor. Our data processing agreement applies to this and forms part of the agreement. How Viva67 handles its own data is explained in the privacy statement.
Article 12. Intellectual property
All rights to the software, the CRM, the working methods and the materials of Viva67 remain with Viva67 or its licensors. For the duration of the agreement, the Client receives a non-exclusive and non-transferable right to use the Service. The data and texts supplied by the Client remain the Client's property.
Article 13. Liability
Viva67 is only liable for direct damage resulting from an attributable failure. This liability is limited to the amount the Client paid Viva67 in the three months before the damage occurred.
Viva67 is not liable for indirect damage, such as consequential loss, lost profit, missed revenue or loss of data. Nor is Viva67 liable for damage caused by incorrect AI answers that the Client could have checked, or by outages at third parties.
These limitations do not apply in the case of intent or deliberate recklessness on the part of Viva67. The Client reports damage as soon as possible and no later than 30 days after discovering it.
Article 14. Force majeure
Viva67 is not liable if it cannot fulfil its obligations due to force majeure. Force majeure includes any circumstance beyond the control of Viva67, such as:
- outages at hosting, internet, email or AI providers;
- cyber attacks and large-scale power or internet outages;
- new legislation or government measures;
- extreme weather and natural disasters, including those caused by climate change, such as floods, storms and extreme heat;
- war, armed conflicts and their consequences, also when they take place in another country where a supplier is based.
If the force majeure lasts longer than 60 days, both parties may terminate the agreement in writing, without compensation.
Article 15. Confidentiality
Both parties keep the other party's confidential information secret, also after the end of the agreement. Information is confidential if this has been stated or if it follows from the nature of the information.
Article 16. End of the agreement
After the end of the agreement, the Client always receives its data from the CRM. Viva67 releases the data as soon as all outstanding amounts have been paid. This way both parties can close the cooperation properly, with nothing left to claim.
After the release, the Client has 30 days to export its data. After that, Viva67 deletes the data, unless a statutory retention obligation applies.
As long as amounts are still outstanding, Viva67 keeps the data securely and does not use it for anything. Viva67 does this for no more than 90 days after the end of the agreement. After that, Viva67 deletes the data, even if payment has not yet been made. The outstanding amounts then simply remain due.
Article 17. Changes to these terms
Viva67 may change these terms. Changes are announced at least 30 days before they take effect. If the Client does not agree with a change, it may cancel the agreement with effect from the date on which the change takes effect.
Article 18. Applicable law and disputes
Dutch law applies to the agreement and these terms. The Vienna Sales Convention (CISG) does not apply. The parties first try to resolve a dispute together. If that does not succeed, the party that wishes to do so submits the dispute to the District Court of Limburg (Rechtbank Limburg).
These terms are also available in Dutch, German, French and Spanish. In case of differences between the translations, the Dutch text prevails.
Version 1.2, 15 October 2026.