Algemene voorwaarden

Last updated: December, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you") and Wisely B.V. trading as Incree ("Incree," "we," "us"), a company registered in the Netherlands.

By accessing or using our AI-powered sales and customer engagement platform ("Services"), you agree to be bound by these Terms. If you disagree with any part, you may not access the Services.

Contracting Entity

  • Company Name: Wisely B.V.
  • Trade Name: Incree
  • CoC (KvK): 94583226
  • VAT ID: 866826932B01
  • Email: info@incree.nl

2. Service Description

Incree provides an AI-powered platform designed for sales optimization and customer engagement. Our Services include, but are not limited to:

  • AI-powered conversational sales agents.
  • Multi-channel messaging integration (WhatsApp, Instagram, etc.).
  • Automated lead qualification and appointment booking.
  • Real-time analytics and optimization tools.

2.1 AI Services

We utilize advanced third-party AI models (e.g., OpenAI, Anthropic, Google) to power conversations. You acknowledge that:

  • Conversations are processed in real-time.
  • Use of the Services is subject to the usage policies of the respective AI providers.
  • While we strive for accuracy, AI models may occasionally produce incorrect responses or "hallucinations."

3. Account Registration

3.1 Eligibility

Services are intended strictly for business use (B2B). You represent and warrant that you have the authority to bind your organization to these Terms.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. Wisely B.V. is not liable for any losses resulting from unauthorized access to your account.

4. Fees, Commission, and Payment

4.1 Commission-Based Model

Unlike standard subscription services, Incree operates on a performance or commission-based model.

  • Agreement: The specific commission percentages, success fees, or setup fees are defined in your specific Service Agreement, Proposal, or Order Form ("Service Agreement").
  • Binding: By using the Services, you agree to pay the fees and commissions as outlined in your Service Agreement.

4.2 Invoicing and Payment

  • Invoicing: Invoices are generated periodically (e.g., monthly) based on the performance metrics or leads generated.
  • Payment Terms: Unless stated otherwise in the Service Agreement, invoices are due within 14 days of the invoice date.
  • Late Payment: Failure to pay on time may result in immediate suspension of the Services.

4.3 No Refunds

Due to the nature of our services (performance/commission-based and real-time AI processing), all fees paid are non-refundable. There is no "cooling-off" period or trial period applicable to these Services unless explicitly agreed strictly in writing.

5. Usage Rights and Restrictions

Wisely B.V. grants you a non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes. You agree NOT to:

  • Use Services for illegal activities or to promote illegal acts.
  • Send spam or unsolicited messages in violation of GDPR or telecommunication laws.
  • Reverse engineer, decompile, or attempt to extract the source code of the platform.
  • Use the Services to train competing AI models.

6. Intellectual Property

6.1 Our Property

Wisely B.V. retains all rights, title, and interest in the Platform, software, source code, Incree trademarks, and proprietary workflows/algorithms.

6.2 Your Property

You retain all rights to your customer data (leads, contact lists) and specific business knowledge or content you provide for the AI training.

7. Data Protection (GDPR)

We respect your privacy and comply with the General Data Protection Regulation (GDPR).

  • Controller: You act as the Data Controller for your end-customers' data.
  • Processor: Wisely B.V. acts as the Data Processor.
  • We process data solely to provide the Services and in accordance with our Data Processing Agreement (DPA) and Privacy Policy.

8. Service Level and Support

  • Availability: We strive for optimal uptime but do not guarantee uninterrupted service. We are not liable for downtime caused by third-party providers (e.g., OpenAI, WhatsApp API).
  • Support: Support is provided via email at info@incree.nl.

9. Limitation of Liability

9.1 Disclaimer

The Services are provided "AS IS" without warranties of any kind. We do not guarantee specific sales results, conversion rates, or revenue increases. You acknowledge that AI interactions require human oversight.

9.2 Liability Cap

To the maximum extent permitted by applicable law, the total liability of Wisely B.V. for any claim arising out of or relating to these Terms or the Services is strictly limited to the lower of the following two amounts:

  1. The total amount paid by You to Wisely B.V. in the twelve (12) months preceding the event; OR
  2. €5,000 (Five Thousand Euros).

In no event shall Wisely B.V.'s liability exceed €5,000, regardless of the amount of fees paid.

9.3 Exclusions

We are not liable for indirect damages, lost profits, loss of data, or issues arising from third-party platform bans (e.g., WhatsApp bans).

10. Indemnification

You agree to indemnify and hold harmless Wisely B.V. from any claims, damages, or expenses arising from your misuse of the Services, your violation of these Terms, or disputes between you and your leads/customers.

11. Termination

  • By You: You may terminate the agreement by providing written notice to info@incree.nl (notice period as defined in your specific Service Agreement).
  • By Us: We may terminate immediately if you breach these Terms or fail to pay commissions.
  • Effect: Upon termination, your right to use the Services ceases immediately. Any outstanding commissions remain due.

12. Dispute Resolution & Governing Law

These Terms are governed by and construed in accordance with the laws of The Netherlands.

Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in 's-Hertogenbosch (Oost-Brabant), The Netherlands.

Contact Information

Wisely B.V. (trading as Incree)
Onderwijsboulevard 694
5223DV 's-Hertogenbosch
The Netherlands
info@incree.nl