Denkploeg Terms and Conditions
1. Who and what
These terms apply to every use of Denkploeg and to every agreement with Het Creatieve Bureau (sole proprietorship of J. Katgerman, Chamber of Commerce number 72101121, VAT ID NL001154747B27, postal address Loudonstraat 51, 3317 PA Dordrecht (not a visiting address), email hallo@denkploeg.nl), hereinafter "we". Denkploeg is a multi-tenant platform on which an agency or a business works with a crew of AI agents, in workspaces. By "you" we mean the organisation that enters into the agreement, and the persons who log in on its behalf.
Denkploeg supplies only businesses and organisations acting in the course of a trade or profession. For now Denkploeg supplies only businesses in the Netherlands; Belgium follows as a separate step. At checkout you give a Chamber of Commerce number or a valid VAT number; without it you cannot order. By starting a trial or ordering you declare that you act in the course of your trade or profession. A consumer cannot enter into an agreement with us. If the details you gave prove incorrect, we may terminate the agreement immediately.
2. Offer and agreement
An agreement is formed when we accept a request or order. You accept these terms when you start a trial (the sentence by the "Start your free trial" button refers to them) or place an order (a required checkbox, with which we keep the version of the terms). Before the agreement is concluded they are at /voorwaarden, where you can save and print them; on request we send them to you free of charge. Packages, licences and prices are at prices or in the quotation. A demo or trial period ends automatically on the end date shown in the workspace.
At checkout, before you pay, you see the term, the renewal and how to cancel. The "Place order and pay" button makes clear that you enter into an obligation to pay. You agree to these terms and the privacy statement with a required checkbox; we keep that agreement together with the version of the terms of that moment.
We expressly reject the applicability of purchasing or other conditions of you or of an agency. A deviation from these terms applies only if we have confirmed it in writing or by email, and only for the agreement for which it was made.
No cooling-off period. Because Denkploeg supplies businesses only, the consumer right of withdrawal does not apply. You can always cancel, as Article 12 describes.
3. Agencies, workspaces and roles
- A workspace is a customer's shielded environment. Everything that happens in it belongs to that customer. Workspaces are technically separated from one another; only an agency sees the workspaces it manages itself.
- An agency is an organisation that uses Denkploeg for multiple customers. The agency manages the workspaces of its customers, can share keys and integrations with those workspaces, and is responsible for what it does and agrees on behalf of its customers. Between agency and customer, their own arrangements apply; we are not a party to them.
- We process personal data in a workspace as processor of the customer, in accordance with the data processing agreement. For account data we are the controller ourselves; see the privacy statement.
- If a customer has access through an agency, the agency is our counterparty and imposes these terms on its customer, with at least the same protection for us. We may also invoke Articles 9 and 13 against that customer (Article 6:253 of the Dutch Civil Code). If the agency cancels or its access lapses, Article 12 paragraph 8 applies to the customer.
- Roles and rights within a workspace (owner, administrator, maker and others) are determined by the customer or the agency.
4. Accounts and security
You ensure that accounts remain personal, that passwords and codes are not shared and that you let us know immediately if you suspect abuse. You manage who has access and remove access when someone leaves the organisation. For administrators, a second step at login may be mandatory. What happens with an account is recorded in an immutable audit trail.
5. Use and rules
You do not use Denkploeg for unlawful or misleading content, to infringe the rights of others, to disrupt or circumvent the service (for example the limits on usage, the gate or the monitoring), or to collect personal data without a legal basis. You remain responsible for the content you enter into Denkploeg or have processed, including the rights to files, brands, photos and texts, and for having a legal basis for the personal data you enter (see also Article 9). We may suspend a workspace in the event of serious abuse or a security risk, and will do so to the most limited extent and for the shortest time possible, with an explanation.
6. The gate: nothing goes out without a signature
- Denkploeg's agents read and propose. An action that acts outwardly, such as sending a message, starting or changing an advertisement, publishing a site or ordering something, is in the default setting carried out only after a human has signed off on the Approve screen, or in another place where the platform allows it. Exceptions are in paragraphs 3 and 5.
- A proposal cannot choose or raise its own risk level: that is fixed in the platform. High-risk actions (R3) are always done by a human.
- The autopilot is a customer setting. If it is set to "propose only" (the default), every action waits for a signature. If the customer turns it on for low- or medium-risk actions, its own choice per channel applies, within the budget it sets. The customer is responsible for that choice and can withdraw it at any time or use the emergency stop.
- A signature is the confirmation by an authorised user of the customer that he or she has seen the proposal and that it may be carried out. What has been signed is recorded with who and when. Between you and us the signature counts as your consent to carrying out that proposal, and the audit trail as evidence of it, subject to proof to the contrary. A separate written consent is not needed for this; for actions that cost money or cannot be undone, the platform asks for a code.
- A customer's support assistant (Support Studio) answers the customer's visitors on its own, within the knowledge and settings the customer provides; no human signs off per message there. The customer ensures that visitors know they are talking to an AI assistant (the widget always shows this notice, it cannot be switched off, and a customer's own text must mention AI, otherwise the fixed sentence applies) and remains responsible for the answers.
- The gate is a way of working and not a guarantee of results. We do not guarantee that a proposal is correct, complete, free of errors or suitable for your purpose. You assess a proposal before you sign.
7. AI and own keys
Denkploeg uses AI models from suppliers. Which model and which key apply is shown in the workspace: the workspace's key, then the agency's (if the agency shares), then the platform's key for those allowed to use it. If a customer brings its own key, that supplier's terms also apply, and you ensure that you know them. Some suppliers train on input or share it with partners; those are off by default for customer material and are turned on only after a recorded choice. If you use the image or voice of a person (avatar, voice clone, voice-over), you do so only with that person's consent, and you label the result where the law requires it. What an AI studio of Denkploeg makes receives a label and a provenance (supplier and model) from us, also in the file itself; you do not remove them. If you publish images, audio or video that imitate real persons, places or events (a deepfake), or text that informs the public on matters of public interest, you yourself make visible that it was made or edited with AI, as Article 50 of the AI Act requires. In that chain we are the provider of the AI systems of Denkploeg and you are the deployer of what you publish or apply with them. What you ask the crew and which files you provide may go to that supplier; see the list of sub-processors in Annex 3 of the data processing agreement. A model's output may be incorrect or resemble existing work. Check it before you use it; responsibility is set out in Article 9.
8. Ownership and licence
- What you enter or have made belongs to you (or to whoever holds that right). You grant us the right to process it, to the extent necessary to provide the service.
- Denkploeg itself (software, brand, documentation, design) remains ours. You receive a non-exclusive, non-transferable right of use for the duration of the agreement.
- To the extent rights arise in output that you have made with Denkploeg, they belong to you; whatever we might have in them, we assign to you. We do not guarantee that copyright subsists in output, that it is unique or that it is free of third-party rights; someone else can get similar output. If you use your own key, the terms of that supplier also apply to the output (Article 7).
- Processing of personal data falls under the data processing agreement.
9. Your responsibility for content and approvals
- Content and output. Everything you enter into Denkploeg, have imported or have made, and everything you publish, send or have distributed through Denkploeg, is your content. That covers texts, images, video, audio, advertisements, emails, messages, your support assistant's answers, the pages of your site and everything that goes with them. You remain responsible for it, even if an AI model proposed it, a template contains it, a colleague or an agency prepared it or we showed it to you.
- Approving is your decision. Signing, approving, publishing, sending and turning on the autopilot are decisions of you and of the users who are authorised to make them. We do not assess whether a proposal is correct, lawful or suitable; you do that before you sign (Article 6). What has been signed, approved or declared with your account counts as yours. That includes a statement that you hold the rights, that data is correct or that a recipient has given consent. You make sure that only authorised people hold those rights (Article 4).
- Legal texts are a starting point and not advice. Templates and proposed texts for a privacy statement, cookie statement, terms and conditions, right of withdrawal, disclaimer or other legal page are general examples. They are not legal advice, and we do not guarantee that they are correct for your business or comply with the law. You check them, adapt them to what your business actually does, keep them up to date and have them reviewed by a lawyer where needed. This also applies to the statements on your site: for the personal data of your visitors and customers you are the controller and we are the processor.
- Compliance with the law. You make sure that your content and your use of Denkploeg comply with the law, with the rules of the platforms on which you advertise or publish and with the rights of third parties. Think of rules on advertising and misleading practices, consumer law (information, prices, withdrawal), the GDPR and the rules on cookies, consent for emails and messages, copyright, trade mark rights, portrait rights and rights in image and voice, and the rules of your industry. This also applies to what AI proposes and you approve.
- Indemnity. If a third party or a supervisory authority makes a claim against us on the basis of your content, approvals, statements or legal texts, you indemnify us, to the extent the claim results from that content, approval, statement or setting or from your processing, and not from a failure on our part: you settle the claim and compensate our damage and reasonable costs, including those of legal assistance. A fine from a supervisory authority you compensate only if it was imposed for your own infringement. We tell you in good time and, as far as reasonable, give you room to conduct the defence. This does not apply to the extent the damage was caused by our intent or wilful recklessness. Conversely, we indemnify you against a claim by a third party that Denkploeg itself (the software, not the output and not your content) infringes its intellectual property right, within the limit of Article 13 paragraph 2, if you notify us in good time and let us conduct the defence.
- Refusing and taking offline. We may refuse, block or take offline content or an action if we reasonably suspect that it breaches the law, the rights of a third party or these terms, or if a court, supervisory authority or platform asks us to. We do so to the most limited extent possible, tell you with a reason (unless the law forbids it) and restore it if it proves unjustified. We are not obliged to check content. That we do not refuse or do not see something does not mean that we approve it or are responsible for it.
- No liability. We are not liable for damage resulting from your content, approvals, signatures, statements or legal texts, within the limits of Article 13.
10. Integrations and third-party services
You can connect Denkploeg to third-party services, such as Meta, Google, WhatsApp, Shopify or GitHub. Their terms apply to that. We ask for as few permissions as possible (the integrations that now exist generally only read; we ask for write permissions only if you choose a function that needs them) and you can always revoke an integration, in Denkploeg or at the supplier. If an integration disappears or a supplier changes its service, we are not responsible for that. We use the data from an integration only for what you want to do with it.
10a. The webshop
The webshop is a separate, paid extension of Website Studio. With the webshop you put products and a shopping cart on your own site and let your customers order from you.
- You sell, we supply the software. The sales contract is concluded between you and your customer. We are not a party to it and not a seller, importer or intermediary. You are responsible for your products, prices, stock, delivery, returns, complaints, warranty, VAT and invoices, for your own terms and conditions, and for the information the law requires you to give your customers. That includes the right of withdrawal (Section 6:230o of the Dutch Civil Code et seq.) and the withdrawal button. We supply the function; what it contains and whether it is correct for your shop is up to you (Article 9 paragraphs 3 and 4).
- Payments go through your own Mollie account. You connect your own Mollie account (Mollie Connect). Your customer's money goes directly to you. We do not receive, hold or keep money from your customers, we are not a payment institution, and we charge no fees per order or per payment. Mollie charges you its own rate under the terms you have with Mollie. You are responsible for a valid, approved Mollie account and for what happens on it, such as refunds, chargebacks, fraud, payouts and a blocked account. You can withdraw the connection at any time, in Denkploeg or at Mollie.
- What you pay us. For the webshop you pay a fixed amount per month per shop, as stated with the subscription. No fees per order or per payment are added. Article 11 also applies to this amount.
- Personal data of your customers. For the data of your visitors and buyers, such as name, address, email address and order, you are the controller and we are the processor (see the data processing agreement). Mollie is independently responsible for carrying out the payment. In your own privacy statement you state what you do with that data, and you give your customers the information the law requires.
- Availability. We aim for a shop that is reachable, but do not guarantee that the cart, the checkout page or a payment always works without interruption (Article 15). An outage of Denkploeg, Mollie or another service can cost orders or revenue. We are not liable for missed orders, revenue and profit (Article 13 paragraph 4).
- What is not allowed. You do not sell products or services that are not permitted by law, the rules of Mollie or the rules of Article 5. We may take the shop or a product offline under Article 9 paragraph 6.
11. Usage, ceilings and payment
Use of models and paid services costs money and is tracked in a ledger per workspace, with a monthly ceiling that is checked before a run. A ceiling is a limit set in advance and not an emergency brake halfway through: a turn in progress cannot be cut off to the cent. You pay a subscription and a top-up in advance, per period, with the payment method you choose at checkout; with your first payment you authorise us for the following periods. If a payment fails, you receive a message the same day and a reminder after seven days; if it is still unpaid after twenty-one days, we may put the workspace on read-only. We then delete nothing and you can keep exporting; after payment everything works again (see also subscription). You pay an invoice that is not collected automatically within 14 days. We announce a price change for a running subscription in advance, as Article 12 paragraph 6 describes. Accounting records are kept for seven years (statutory tax retention).
11a. Credits
- Credits are a prepaid balance for taking AI actions in Denkploeg. They are not money, not redeemable for money, not transferable to another workspace and can only be spent with us.
- Credits from your package expire at the end of the period. Trial credits belong to the trial. Topped-up credits are valid for 24 months; each new top-up extends the validity of all your topped-up credits. Credits from a discount code or gift have the expiry date stated with them. What expires first, we use first. Expired credits are not refunded.
- How many credits an action costs, you see in the app before you start it. That price follows the costs of our suppliers and can change. A new price applies only to actions that start afterwards. A change in the number of credits per action is not a price change of your subscription within the meaning of Article 12 paragraph 6. If the number of credits for an action rises by more than 25 percent within one calendar month, we tell you in the app, in advance if possible and otherwise as soon as the new price takes effect; you can then cancel within 30 days of that notice and receive the prepaid part and the unused topped-up credits back.
- If a payment is reversed or refunded, the credits you received before or with it expire.
- Topped-up credits are not refunded, except as Article 11a paragraph 3 describes. When the subscription ends, the credits from your package expire; topped-up credits remain until their expiry date.
12. Term, termination and end
- Trial. A trial lasts fourteen days and costs nothing, and never turns into a paid subscription by itself. When starting we ask for no payment details. For actions that really cost us money or go outside (video, large batches) we ask once for an authorisation of EUR 0.01 via iDEAL, to verify that you are a business; we refund that cent immediately and revoke the authorisation. Publishing outside is possible only with a paid package. There is one trial per company per twelve months. After the trial the workspace is read-only until you choose a package; if you do not, paragraph 7 applies from the end of the trial.
- Term. A subscription runs per month or per year, as you choose. It is renewed each time for the same period, at the price that applies to you at that moment.
- Cancelling. You cancel in the product itself, in the same way you started, without a conversation and without a code. The subscription continues until the end of the current period. After the first period a subscription can be cancelled per month, also with annual payment; the end then falls at the end of the current month and the unused part is refunded. There is no notice period on top of the period. Until the end date you can undo the cancellation.
- Trial instead of money back. The free fourteen-day trial (paragraph 1) is the period to try Denkploeg. A paid period is not refunded, except as in paragraph 3, paragraph 6 and Article 11a paragraph 3.
- Switching and pausing. A larger package or a longer period takes effect immediately, with proration per day; a smaller package or a shorter period at the next renewal. Once per twelve months you can pause for one to three months; during the pause nothing is invoiced and the period shifts.
- Price change. We announce a price change for a running subscription at least sixty days in advance. We tell the owner by email and in the app. You can cancel without cost until the effective date; what you prepaid for the time after the effective date is refunded. A price guarantee or launch price remains valid as long as the subscription continues.
- End. After the end date you can still read and export your data for thirty days (an export of the whole workspace, plus separate exports per component). After that the workspace is archived and emptied after ninety days: files and data are removed, except what we are legally required to keep (accounting records, seven years) and the append-only audit trail with pseudonymous IDs, which we keep for 2 years and anonymise afterwards. On request this can happen sooner. See deleting data.
- Customers of an agency. If your workspace works through an agency, the agreement with the agency governs term and cancellation. If the agency terminates its agreement with us, we tell the customer and paragraph 7 applies to its workspace from the end date; in that time the customer can enter into an agreement with us itself.
13. Liability
- What this covers. This article applies to all our liability, in contract, tort or otherwise, and also to our employees and to the auxiliaries and suppliers we engage.
- Limitation. Our liability is limited to direct damage, and to at most the amount you paid us in the 12 months before the event that caused the damage for the service to which the damage relates, excluding VAT. This amount is also the maximum for all damage in one contract year combined. A series of related events counts as one event. If you have not yet paid for 12 months, we convert the amount of the elapsed period to twelve months. During a free trial or other free use we are not liable, except in case of intent or gross negligence.
- Direct damage. By that we mean only the reasonable costs of establishing the cause and extent of the damage, the reasonable costs of remedying our failure and the reasonable costs of preventing or limiting damage.
- No indirect damage. We do not compensate indirect damage, such as consequential loss, lost profit, lost savings, business interruption and reputational damage. For loss or corruption of data we compensate only the reasonable costs of restoring it from our own back-up. You remain responsible for your own copy of what matters to you; the export (Article 12) is there for that.
- Content, approvals and third parties. We are not liable for damage resulting from: a. your content, output that you use or approve, signatures, statements and legal texts (Article 9), even if an AI model proposed them and a human approved them; b. actions that the autopilot carries out at your setting (Article 6, paragraph 3); c. use of Denkploeg in breach of these terms or of an instruction from us; d. services, models and integrations of third parties, and decisions of a platform, such as blocking an advertising account or rejecting an advertisement (Articles 7 and 10); d1. the webshop of Article 10a: the contract with your customers, payments and chargebacks at Mollie, missed orders, revenue and profit, wrong prices or stock, and what your customers claim from you; e. accounts, passwords or codes that were not kept secure (Article 4).
The exclusions under a and b do not apply to the extent the damage results from a failure of the platform itself, such as an action carried out without or other than the signature or the autopilot setting.
- What is not limited. The limitation and exclusions in this article and in Article 9 do not apply to damage resulting from our intent or wilful recklessness, or that of our management, nor to the extent that the law mandatorily provides otherwise.
- Notice. You notify damage within 60 days of discovering it or when you could have discovered it, in writing and with a description, and give us a reasonable period to remedy it. A claim for damages lapses if you do not bring a claim within 12 months of discovering the damage or when you could have discovered it, and in any case 24 months after the event that caused the damage, unless the law mandatorily prescribes a longer period.
- Third parties. Anyone who works for us, such as an employee, subcontractor or supplier, may invoke these limitations directly (Article 6:253 of the Dutch Civil Code).
- Consumers. Denkploeg is intended for business use (Article 1). If someone nevertheless acts as a consumer, these limitations apply only to the extent the law allows. What the law mandatorily prescribes continues to apply, and a limitation that does not hold because of that is reduced to what is allowed.
- Data processing agreement. This article also applies to the data processing agreement, unless that agreement itself says otherwise. Article 13 of the data processing agreement provides that the limitation applies there too, without limiting the rights of data subjects.
14. Force majeure
We are not bound to perform in the event of force majeure, including an outage, change or discontinuation at a supplier of models, hosting, payments or integrations, attacks on our systems despite reasonable security, and government measures. We tell you as soon as possible what is going on. If the force majeure lasts longer than 60 days, either party may terminate the agreement in writing; what you prepaid for the time after that is refunded.
15. Availability and support
We do our best to keep the service available and we monitor it (see the status information in the app), but we do not provide a fixed availability. We aim for an availability of 99.5 percent per month, without guarantee, and schedule maintenance outside office hours as much as possible. A lower availability gives no right to a discount or compensation, unless a quotation says otherwise. Support can be reached by e-mail at support@denkploeg.nl on working days. We work without a telephone and without 24/7 support and aim for a first reply within two working days, without guarantee.
16. Changes
We may change these terms. We announce a change in substance that is to your disadvantage 30 days in advance by email to the owner and in the app, with what changes. You can cancel until the effective date, effective that date; what you prepaid for the time after it is refunded. If you do not cancel, the new version applies from the effective date. A change that is only to your advantage or that the law imposes on us can take effect immediately. A price change follows Article 12 paragraph 6.
17. Governing law
Dutch law applies. Disputes go to the Rotterdam District Court (Rechtbank Rotterdam), insofar as the law does not provide otherwise. If you have a complaint or a dispute, first report it by email to hallo@denkploeg.nl (or by post to our postal address); we will try to resolve it together before either of us goes to court.
18. Confidentiality and the provider's dual role
The provider also uses Denkploeg itself for its own agency work and can thereby compete with an agency that uses Denkploeg. We separate our own agency activity from the administration of the platform. We never use data of other agencies and their customers for our own agency activity. Our own agency workspace is in the platform under the same rules as that of a customer and sees only its own data. Only the owner (J. Katgerman) has administrator access to the server, with an SSH key; deployment and tools work under his supervision and with his key, and no third parties have access, bound by confidentiality. If an employee looks into a workspace, that happens with a reason that the customer sees in the history of its workspace.
19. Other provisions
- Indemnity. You indemnify us as Article 9 paragraph 5 provides, also for the legal basis of the personal data you enter and for the actions that the autopilot carries out at your setting.
- Assignment. We may assign the agreement to a legal successor or to a legal entity that continues Denkploeg, for example a private limited company (bv) of the owner; you already give your cooperation to that now. We announce it at least 30 days in advance; you can then cancel effective the date of assignment.
- Change of functionality. We may develop the service further and change or discontinue components; in the event of a material deterioration you can terminate.
- Invalidity. If a provision is invalid, the others remain in force and we replace it with a valid one that comes as close as possible to its purpose.
- Survival. Provisions that by their nature continue after the end (confidentiality, liability, your responsibility for content, ownership, indemnity) remain in force.
- Notices. We may send you messages by email and in the app; you send yours to hallo@denkploeg.nl or by post to our postal address, Loudonstraat 51, 3317 PA Dordrecht (not a visiting address).
- Order of precedence. In case of conflict this order applies: the data processing agreement as far as personal data is concerned, then a quotation or order signed by us, then these terms, then the descriptions on our site and in the documentation. What those descriptions arrange more generously for you applies alongside these terms for as long as we offer it there.
- Language. In case of a difference between the Dutch and the English text of these terms, the Dutch text prevails.
Data processing agreement
The data processing agreement is an annex to these terms and applies to every workspace in which we process personal data. The text is at data processing agreement.
Effective date: 18 October 2026.