Terms of Service HeyFred B.V.

Last update: December 16, 2025

1. Definitions

• 1.1 Hey Fred: the service and website heyfred.nl, offered by Fred B.V.
• 1.2 Fred B.V.: located at Keizersgracht 572, 1017 EM, Amsterdam, The Netherlands, CoC 98354760, VAT NL868461398B01.
• 1.3 Customer: any natural or legal person who enters into an agreement with Hey Fred.
• 1.4 Service: the platform, all functionalities, dashboards, integrations, documentation, APIs and other components provided via heyfred.nl.
• 1.5 Account: the environment created by the Customer with which the Service is used.
• 1.6 Customer Content: all information that the Customer enters, uploads or creates within the Service, including prompts, instructions, call scripts, knowledge base texts, contact lists, tags, routing and configurations.
• 1.7 End Users: persons who are called by the Customer or with whom communication takes place via the Service.

2. Applicability

2.1 These terms and conditions apply to all quotations, offers, orders and agreements regarding the Service.

2.2 Deviations only apply if they have been confirmed in writing by Fred B.V.

2.3 Purchasing conditions or other conditions of the Customer are excluded.

3. The Service and modifications

3.1 The Service is provided on a best-efforts basis. Availability, error-free operation and specific results cannot be guaranteed.

3.2 Fred B.V. may adjust, improve or (temporarily) interrupt the Service for maintenance, security or further development.

3.3 If a change is materially disadvantageous for the Customer, Fred B.V. will inform the Customer in advance via the Service or by e-mail where reasonably possible.

4. Account, registration and security

4.1 An Account is required for (parts of) the Service. The Customer provides correct data and keeps it up to date.

4.2 The Customer is responsible for all activities via the Account and for keeping login details secret.

4.3 In case of suspected abuse or unauthorized access, the Customer reports this immediately via the contact details on heyfred.nl.

5. Use and compliance with laws and regulations

5.1 The Customer uses the Service exclusively in accordance with the law and these terms and conditions.

5.2 The Customer is fully responsible for compliance with outbound and inbound communication, including but not limited to GDPR, Telecommunications Act, ePrivacy rules, consumer law, opt-in opt-out, do-not-call registrations and information obligations.

5.3 The Customer guarantees that all contact data has been lawfully obtained and may be used.

5.4 Use for spam, deception, intimidation, unlawful telemarketing, or violating the rights of third parties is prohibited.

5.5 Fred B.V. may restrict access, block functionality, or suspend or terminate the Account in the event of a (suspected) violation.

6. Customer content, prompts and responsibility

6.1 The Customer is responsible for all Customer Content, including prompts, instructions and configurations.

6.2 The Customer understands and accepts that prompts or flows created by the Customer can lead to incorrect, incomplete or undesirable output or conversation. This risk lies with the Customer.

6.3 The Customer guarantees that Customer Content does not infringe the rights of third parties and is not unlawful.

6.4 Fred B.V. is not responsible for claims, damages or fines arising from the content or operation of prompts, scripts, routing or settings created by the Customer.

7. Acceptable use and abuse

7.1 The Customer will not attempt to reverse engineer, disrupt, bypass security, or gain unauthorized access to the Service.

7.2 The Customer will not introduce malware, malicious code or abuse patterns.

7.3 Fred B.V. may apply technical limits, such as rate limits, fair use or abuse detection.

8. Rates, billing and payment

8.1 Prices are on heyfred.nl, in the ordering process or in a quote/order confirmation. Amounts are exclusive of VAT unless stated otherwise.

8.2 Subscriptions and usage costs are billed in advance or periodically according to the chosen plan.

8.3 The Customer authorizes charging payment methods in accordance with the chosen plan and usage.

8.4 In case of late payment, Fred B.V. may restrict or suspend access. Collection costs and statutory interest may be charged.

9. Term, cancellation and termination

9.1 The agreement runs as long as the Customer has an active plan, unless agreed otherwise in writing.

9.2 If the plan automatically renews, the Customer can cancel via the account settings or according to the instructions in the Service.

9.3 Fred B.V. may terminate or suspend in the event of a violation of these conditions, abuse, fraud, security risks or legal obligations.

9.4 Refunds will only take place if the law requires this or if this has been explicitly agreed.

10. Third parties, integrations and telecom suppliers

10.1 The Service may depend on third parties, such as telecom carriers, hosting, AI providers and integrations. Failures or limitations at third parties can affect the Service.

10.2 Fred B.V. is not liable for shortcomings that are primarily caused by third parties, unless mandatory law dictates otherwise.

10.3 The Customer is responsible for its own contracts with third parties if these are necessary, unless Hey Fred provides these within the plan.

11. Intellectual property

11.1 All rights to the Service, software, models, UI, documentation and brand expressions remain with Fred B.V. or its licensors.

11.2 The Customer receives a limited, non-exclusive, non-transferable right of use as long as the agreement is running.

11.3 Fred B.V. may freely use feedback provided by the Customer to improve the Service, without compensation.

12. Privacy and data protection

12.1 The privacy policy of heyfred.nl applies to personal data processed via the Service.

12.2 Where the Customer processes End Users' personal data via the Service, the Customer is generally the data controller and Fred B.V. the data processor. A data processing agreement may apply.

12.3 The Customer remains responsible for the correct basis, provision of information and handling of requests from data subjects, unless agreed otherwise in writing.

Privacy, data protection and data processing agreement

Acceptance of additional documents
By creating an account, taking out a subscription or using the Service in any way, the Customer expressly and unconditionally agrees to:

• the Privacy Policy of Hey Fred, as published on heyfred.nl
• the Data Processing Agreement of Hey Fred, as published on heyfred.nl

These documents form an integral part of the agreement between Customer and Fred B.V.
Ranking
In the event of a conflict between these Terms of Service and the Privacy Policy or Data Processing Agreement, the following ranking applies:

• Data Processing Agreement
• Privacy Policy
• Terms of Service

No separate signature required
Parties agree that no separate signature is required for the validity of the Privacy Policy and Data Processing Agreement. Acceptance takes place by electronic consent, creating an account or actual use of the Service.
Customer Responsibility
The Customer acknowledges that in most cases he acts as a data controller within the meaning of the GDPR and is personally responsible for:

• informing data subjects
• obtaining a valid legal basis
• compliance with privacy and telecommunications legislation

13. Indemnification and compensation by Customer

13.1 The Customer indemnifies and holds Fred B.V., its directors, employees and suppliers fully harmless against all claims, fines, damages, costs and reasonable legal costs arising from or related to:

• a the use of the Service by the Customer or End Users of the Customer
• b Customer content, including prompts, scripts, contact lists and configurations
• c failure to comply with laws and regulations, including GDPR, Telecommunications Act and ePrivacy rules
• d claims from End Users or third parties about communication, consent, deception, unlawful approach or privacy

13.2 Fred B.V. may conduct or have the defense conducted. The Customer cooperates reasonably and provides necessary information.

14. Disclaimers

14.1 The Service is provided "as is" and "as available".

14.2 Fred B.V. does not guarantee that calls will always be connected, will always arrive on time, or that output will always be correct.

14.3 The Customer is personally responsible for checks, monitoring and appropriate use of the output.

15. Limitation of liability

15.1 Fred B.V. is only liable for direct damage that is the direct result of an attributable shortcoming.

15.2 Liability is limited to the amount paid by the Customer in the three months prior to the event causing the damage for the Service, with a maximum of EUR 5,000, unless mandatory law dictates otherwise.

15.3 No liability for indirect damage, consequential damage, loss of profit, missed opportunities, reputational damage or loss of data, unless mandatory law dictates otherwise.

16. Force majeure

16.1 Fred B.V. is not liable in the event of force majeure, including disruptions at telecom carriers, internet, hosting, power, third parties, or government measures.

16.2 During force majeure, Fred B.V. may suspend obligations for as long as the situation lasts.

17. Applicable law and disputes

17.1 Dutch law applies to these conditions and the agreement.

17.2 Disputes will be submitted to the competent court in Amsterdam, unless mandatory law dictates otherwise.

18. Contact

Hey Fred, part of Fred B.V.
Keizersgracht 572, 1017 EM, Amsterdam, The Netherlands
CoC 98354760, VAT NL868461398B01
Contact via the contact details on heyfred.nl