Terms and conditions

Article 1. Who we are

LinkPilot is an online service (software as a service) provided by Slimme Schakels, based in Geesteren, the Netherlands, and registered with the Dutch Chamber of Commerce (KvK) under number 92740324. Where these terms say "we", "us" or "LinkPilot", we mean Slimme Schakels. Questions about these terms can be sent to info@slimmeschakels.nl.

These terms are written in an accessible you/we style. This does not affect their legal validity.

Article 2. Definitions

• The service: the LinkPilot web application, including all related features as offered through the app at any given time.
• You: the natural person or legal entity that has created an account and uses the service in the course of a profession or business.
• LinkedIn account: the account with LinkedIn that you connect to the service and through which the service performs actions on your behalf.
• Prospect: a person whose data the service processes on your instructions, such as someone who comments on your post, a connection or a person appearing in search results.
• Subscription: the agreement that gives you paid access to the service.

Article 3. The service

LinkPilot automates the follow-up of comments under your LinkedIn posts and helps you grow your network and publish content. To do so, the service performs actions on your connected LinkedIn account on your behalf, such as posting replies, sending and accepting connection requests, sending direct messages and publishing posts. Some features are supported by AI. The current features can be found in the app; you decide the content of your messages and the settings of the automation.

The service is intended exclusively for business use. You enter into the agreement in the course of a profession or business; consumer rights such as the right of withdrawal therefore do not apply.

We provide the service to the best of our knowledge and ability. This is a best-efforts obligation: we do not guarantee specific results, such as a number of leads, an acceptance rate or the reach of your posts. Those results depend on factors beyond our control, such as the content of your posts, your network and LinkedIn's behaviour.

Article 4. Applicability and changes to these terms

These terms apply to every use of the service and to every agreement you enter into with us regarding the service. We explicitly do not accept any of your own (purchasing) terms. Deviations from these terms are only valid if we have agreed to them in writing.

If any provision of these terms turns out to be void or voidable, the remaining provisions remain in full force. We will then replace the provision concerned with a valid provision that comes as close as possible to the original intent.

We may amend these terms. In the event of a material change, we will inform you in advance through the service or by email. If you do not agree with the change, you can cancel your subscription effective at the end of the current period. If you continue to use the service after the change takes effect, this counts as acceptance.

Article 5. Account and access

To use the service, you create an account. You make sure your account details are correct and up to date. You keep your password confidential and your account is personal: you do not share your login details with others. Everything that happens through your account is your responsibility, unless you can demonstrate that the misuse is not attributable to you. If you suspect misuse of your account, report it immediately via info@slimmeschakels.nl.

You must be at least 18 years old and authorised to enter into the agreement, on your own behalf or on behalf of the organisation for which you create the account.

Article 6. LinkedIn

LinkPilot is an independent service and is not affiliated with, endorsed by or in any way connected to LinkedIn Corporation. LinkedIn is a trademark of LinkedIn Corporation.

The connection to your LinkedIn account runs through Unipile, a specialised integration partner. By connecting your LinkedIn account, you instruct us to perform actions on LinkedIn on your behalf, within the settings you choose.

Using automation software may violate LinkedIn's user agreement. LinkedIn may take measures against accounts that use automation, such as a warning, a temporary restriction or a permanent suspension of your account. You are aware of and accept this risk: use of the service is entirely at your own expense and risk. We have no influence over LinkedIn's policies or enforcement and are not liable for any measures LinkedIn takes against your account.

You declare that you are authorised to use the LinkedIn account you connect and that you are familiar with LinkedIn's user agreement. Connecting someone else's LinkedIn account without their permission is not allowed.

Article 7. Fair use and your responsibility

The service contains built-in limits and safety mechanisms, such as daily limits on the number of actions, a weekly cap on connection requests, active hours, waiting times between messages and an automatic pause after consecutive errors. These limits protect you and the platform. We may adjust them at any time, for example if LinkedIn changes its policies or detection.

When using the service, you are not allowed to:

• send spam or approach people without a reasonable basis for doing so;
• distribute misleading, unlawful, discriminatory or otherwise harmful content;
• use the service for purposes that violate laws or regulations;
• circumvent the built-in limits or security, or disrupt the operation of the service;
• use the service to build a competing product or to copy the software.

You are responsible for the content of all messages sent through the service, including DM scripts, replies and posts. You are also responsible for having a valid legal basis to approach prospects and to have their data processed (see also Article 12).

Article 8. Subscription, fees and payment

Access to the service is provided as a monthly subscription. The current fees and the contents of the subscription can be found in the service or in the written agreements we have made with you. As long as payment does not yet run through the service itself, the written agreements (such as a quotation or contract) regarding fees and invoicing apply.

Payment through the service is handled by our payment provider Stripe. The subscription is charged monthly in advance and is automatically renewed by one month at a time. You can cancel monthly, effective at the end of the current period; you keep access until that moment. Subscription fees already paid are not refunded, unless the law requires otherwise or we decide otherwise.

All prices are in euros and exclusive of VAT, unless stated otherwise. Obvious errors or mistakes in prices do not bind us. We may change our fees; we will announce a price change at least one month in advance and it will only take effect at the next renewal. If you do not agree with the change, you can cancel effective at the end of the current period.

If you do not pay, or do not pay on time, we may suspend access to the service until payment has been received. Invoices have a payment term of 14 days; after that term expires you are automatically in default and we may charge statutory commercial interest and extrajudicial collection costs in accordance with the applicable statutory standards.

Article 9. Availability and maintenance

We do our best to keep the service available, but we provide the service "as is" and "as available". We do not guarantee uninterrupted availability and do not provide an uptime guarantee. We may maintain and modify the service and change, add or remove features. Where reasonably possible, we will announce material limitations of functionality in advance.

The service depends on third-party services, including LinkedIn, Unipile, Supabase, Vercel, Inngest, Anthropic and Stripe. Outages, restrictions or changes at these parties, including changes to the LinkedIn integration, may affect the operation of the service. This does not constitute a failure on our part and does not entitle you to compensation or a refund.

Article 10. Your data and exports

The data you enter into the service and the data the service collects on your instructions remain yours. We only use them to provide the service, as described in the privacy statement.

The service offers the option to export data (for example as a CSV file) and to forward data through webhooks. From the moment data leaves the service, you are solely responsible for its further processing and security.

When you delete your account, your data is erased as described in the privacy statement.

Article 11. Intellectual property

All intellectual property rights in the service, including the software, the design, the texts and the underlying know-how, belong to us or our licensors. For the duration of your subscription, you receive a limited, non-exclusive and non-transferable right to use the service for your own business operations.

You are not allowed to copy, sell, rent out or sublicense the service or parts of it, or to make it available to third parties in any other way, or to decompile or reproduce the software, except to the extent permitted by law.

If you violate this article, you owe us an immediately payable penalty of 1,000 euros per violation plus 250 euros per day the violation continues, without any notice of default being required and without prejudice to our right to full compensation.

Article 12. Privacy and processing of personal data

How we handle personal data is described in our privacy statement. For the data of your account, we are the data controller.

For the data of prospects that the service processes on your instructions, the situation is different: for that data, you are the data controller within the meaning of the GDPR and we are the processor. After all, you determine who the service approaches and for what purpose. For that processing, the following arrangements apply between us, which together constitute a data processing agreement within the meaning of Article 28 GDPR:

• we process prospect data exclusively on your instructions and according to your settings in the service, and not for our own purposes;
• we take appropriate technical and organisational measures to secure the data (see the privacy statement);
• we engage sub-processors for the processing; the current list is included in the privacy statement. If the sub-processors change, we update that list, and in the event of substantial objections you can cancel your subscription;
• we assist you, to the extent reasonably possible, with requests from data subjects exercising their privacy rights and with your own obligations regarding security and data breaches;
• employees and sub-processors who have access to the data are bound by confidentiality;
• after your account is terminated, we delete the prospect data as described in the privacy statement;
• we will inform you without undue delay after discovering a data breach affecting your data.

You warrant that you have a valid legal basis for the processing of prospect data and that, where required, you comply with your own information obligations towards data subjects.

Article 13. Liability

We are only liable for direct damage that is the direct result of a failure attributable to us. In no event are we liable for:

• measures LinkedIn takes against your account, including restriction, suspension or removal of your LinkedIn account;
• outages, changes or errors in third-party services the service depends on;
• loss of or damage to data;
• indirect and consequential damage, including lost profits, missed savings, missed leads and reputational damage;
• damage resulting from incorrect data or settings you have entered;
• the results of your campaigns or the outcome of automated assessments performed by the service.

Our total liability per event (a series of related events counting as one event) is limited to the amount you paid for the service in the twelve months preceding the event, with a maximum of 3,500 euros. These limitations do not apply in the case of intent or deliberate recklessness on our part, or to the extent the law prohibits limitation.

Any right to compensation lapses twelve months after you became aware of the damage and of our possible liability. Article 6:89 of the Dutch Civil Code remains fully applicable.

You indemnify us against claims from third parties, including prospects and LinkedIn, arising from your use of the service, the content of your messages or your violation of these terms.

Article 14. Force majeure

We are not obliged to fulfil any obligation if we are prevented from doing so by force majeure. Force majeure includes, among other things: failures of the internet or infrastructure, outages or changes at suppliers and platforms (including changes to the APIs or policies of LinkedIn or Unipile), cyberattacks, power outages, illness, government measures, natural disasters, epidemics and any other circumstance beyond our control that means performance cannot reasonably be required of us.

If the force majeure lasts longer than 60 days, either of us may dissolve the agreement in whole or in part, without owing each other any compensation. The payment obligation remains in place for the part of the service already delivered.

Article 15. Suspension and termination

We may suspend your access to the service or terminate the agreement with immediate effect if you violate these terms, misuse the service, if we are legally required to do so, or in the event of (an application for) bankruptcy, suspension of payments or liquidation. Where reasonable, we will first give you the opportunity to remedy the violation.

You can stop using the service at any time by cancelling your subscription and deleting your account through the settings. Upon termination, the automation stops, the connection to your LinkedIn account is removed and your data is deleted as described in the privacy statement. Provisions that by their nature also apply after termination, such as Articles 11 and 13, remain in force.

Article 16. Complaints

If you have a complaint about the service, email it as soon as possible with a clear description to info@slimmeschakels.nl. We will respond as quickly as possible and look for a solution together. A complaint does not suspend your payment obligation. If you want to hold us liable, first send a written notice of default giving us a reasonable period to still perform.

Article 17. Applicable law and competent court

These terms and every agreement between you and us are governed by Dutch law. We will first present disputes to each other in order to resolve them together. If that does not succeed, the District Court of Overijssel, location Almelo, the Netherlands, has exclusive jurisdiction, unless mandatory law provides otherwise.