Terms of Service

1. Who we are

These terms are offered by Lost Dutchman Labs B.V., trading as afdinger.

• Legal name: Lost Dutchman Labs B.V.
• Address: Van Baerlestraat 13E, 1071 AM Amsterdam, the Netherlands
• Dutch Chamber of Commerce (KvK) number: 86265741
• VAT number: NL863914895B01
• Email: info@afdinger.nl
• Website: https://afdinger.nl

2. Summary in five lines

• You upload your quote; we check it for free and give you a target price.
• With your approval, we send the supplier an email on your behalf from afdinger@afdinger.nl.
• Did negotiation work? We charge 25% of the confirmed savings. Didn't work? You pay nothing.
• Our AI output is indicative; the final decision is always yours.
• Dutch law applies to this agreement.

3. Definitions

In these terms the following capitalised terms have the meaning set out below.

• afdinger / we / us: Lost Dutchman Labs B.V.
• User / you: the natural person using the afdinger Service for their own, non-business purposes.
• Service: the afdinger app, this website and all related features, including the Audit and the Negotiation.
• Quote: the document or message in which a supplier offers a price for a product or service to the User.
• Audit: the analysis afdinger performs on a Quote, including a Target Price and Confidence Score.
• Target Price: the fair price for the Quote as estimated by afdinger, expressed in euros including VAT.
• Negotiation: the email communication that afdinger conducts with the supplier on behalf of the User.
• Savings: the difference between the original Quote amount (including VAT) and the new price confirmed by the supplier and accepted by you (including VAT).
• Success Fee: 25% of the Savings.
• Partner: a company vetted by afdinger that may issue an alternative quote if the original supplier is unwilling or unable to negotiate.
• Partner Quote: a quote issued by a Partner.

4. Applicability

These terms apply to every use of the Service, every Audit, every Negotiation we conduct on your behalf and to all email communication from @afdinger.nl. By using the Service you expressly accept these terms.

Diverging or supplementary arrangements are only valid if confirmed in writing by afdinger via info@afdinger.nl. Any general terms of the User or of a supplier are expressly rejected.

5. Our service, and what it isn't

What we do

• Analyse your Quote against market prices and aggregated, anonymised quote data.
• Calculate a Target Price and a Confidence Score for you.
• With your approval per Quote, send one or more emails to the supplier from afdinger@afdinger.nl.
• Summarise replies from the supplier and present them to you in the app.
• Optionally refer you to a Partner, only if you expressly request it.

What we do not do

• We are not a party to the contract you eventually conclude with the supplier or a Partner.
• We do not warrant the quality, delivery, materials, warranty or workmanship of the supplier or Partner.
• We do not guarantee that the supplier will respond, negotiate, or offer a discount.
• We do not guarantee any specific savings amount, success rate or turnaround time.
• We do not provide legal, tax, financial or construction advice.

6. Eligibility

You may use the Service only if you meet all of the following conditions:

• You are a natural person (consumer), not a business, and you act for purposes outside your trade, business or profession.
• You are 18 years or older.
• You reside in the Netherlands.
• You have legal capacity and authority to share the Quote with us and to address the supplier on this matter.
• You use the Service on your own account and not on behalf of a third party, unless that third party meets all of these conditions and has demonstrably authorised you to do so.

afdinger may at any time refuse or restrict access to the Service if it appears that the User does not meet these conditions.

7. Account, security and accuracy of information

• You warrant that all information you provide is correct, complete and up to date.
• You keep your login credentials confidential and do not share them with third parties.
• You notify afdinger without undue delay if you suspect that a third party has gained access to your account.
• afdinger is not liable for any damages arising from inaccurate, incomplete or outdated information or from third-party access to your account.

8. Audit: what our AI does and what that means

• The Audit is based on models, public pricing sources and aggregated, anonymised quote data. It is an estimate, not an appraisal or expert opinion.
• afdinger gives no guarantee regarding the accuracy, completeness, comparability or applicability of the Audit in your specific situation.
• The Audit does not constitute financial, legal, tax or construction advice.
• The Audit is an aid; you always decide for yourself what to do with the Quote.
• We do not take automated decisions that produce legal effects concerning you or similarly significantly affect you within the meaning of Article 22 GDPR.

9. Negotiation: authorisation and execution

Authorisation

• By tapping "Start negotiation" or a similar button in the app, you authorise afdinger to send one or more emails to the supplier on your behalf from afdinger@afdinger.nl.
• This authorisation applies per Quote and can be revoked until the email has been sent.
• You represent and warrant that you are entitled to share the Quote with afdinger and to address the supplier on this matter.

Execution

• afdinger independently determines the tone, timing and content of the Negotiation, within the limits of reasonableness and the law.
• You see every sent and received message in the app and can stop the Negotiation at any time.
• afdinger does not guarantee that the supplier will respond, negotiate, or offer a lower price, nor any specific timeline.
• afdinger may decide not to start or continue a Negotiation, for example in case of suspected abuse, illegality, B2B situations or Quotes below a threshold set by afdinger.

10. Success Fee

Amount of the fee

• The Success Fee is 25% of the Savings.
• Savings = original Quote amount (including VAT) minus the new price confirmed by the supplier and accepted by you (including VAT).
• The Success Fee is inclusive of VAT.
• Where a Quote would be invoiced without VAT (for example under certain Dutch renovation schemes), the Savings are calculated using the actual amount payable.

When the fee is due

• Only after you have expressly accepted the new, lower price in the app.
• If you stop the Negotiation before accepting a new offer, no Success Fee is due.
• If no lower price results from the Negotiation, no Success Fee is due.

Worked example

Original Quote: € 3,200.00. Negotiated price: € 2,700.00. Savings: € 500.00. Success Fee (25%): € 125.00. Net benefit to you: € 375.00.

Payment

• Payment is processed via our payment provider Stripe (iDEAL, SEPA direct debit or card).
• The Success Fee is due within 14 days of invoicing.
• On late payment you are in default by operation of law and afdinger may charge statutory interest and reasonable collection costs in accordance with applicable Dutch consumer collection rules.
• Objections to an invoice must be reported in writing within 14 days of the invoice date via info@afdinger.nl. After that the invoice is deemed accepted.

11. Partner network

• The Partner network is voluntary and separate. afdinger introduces; you decide.
• If you accept a Partner Quote, you enter into a direct contract with the Partner in question. afdinger is not a party to that contract.
• We do not charge you extra for this referral. afdinger receives a commission from the Partner; this does not affect your price.
• afdinger selects Partners on its own criteria but does not guarantee the quality, expertise, availability, delivery times, communication or after-sales of any Partner.
• Complaints about a Partner's execution, delivery or invoice must be addressed directly to the Partner; afdinger plays no role in them.

12. Right of withdrawal (14 days)

Under Book 6 of the Dutch Civil Code, as a consumer you have a 14-day right of withdrawal in distance contracts, starting from the moment the agreement is concluded.

By tapping "Start negotiation" (or a similar button) in the app, you expressly request afdinger to begin performing the Service within the cooling-off period and you acknowledge that you lose your right of withdrawal once the Service has been fully performed, all in line with articles 6:230o(1)(a) and 6:230p(d) of the Dutch Civil Code.

Up to the moment of that express consent you can withdraw the contract free of charge by notifying us via info@afdinger.nl. A model withdrawal form is available on request at the same address.

13. Liability

Nothing in this article limits liability for damage caused by intent or conscious recklessness on the part of afdinger or its officers, nor liability that under mandatory law cannot be limited.

What is excluded

To the extent permitted by law, afdinger is not liable for:

• Indirect damages, consequential damages, lost profits or savings, lost revenue, loss of data, reputational damage, immaterial damage and business interruption.
• Acts or omissions of suppliers, Partners or other third parties, including but not limited to the quality, delivery, warranty or after-sales of products or services they provide.
• Inaccuracy, incompleteness or unsuitability of AI output, including the Target Price and the Confidence Score.
• Damage caused by inaccurate, incomplete or outdated information that you have provided to afdinger.
• Delay, downtime, unavailability or restriction of the Service due to force majeure, outages at sub-processors (including Convex, Stripe, Postmark, Google Cloud, Vercel AI, Firebase) or changes in laws and regulations.
• Decisions you make based on the Audit or the Negotiation.

Cap on direct damages

For all other damages, afdinger's total liability towards you per event and per calendar year is limited to the total Success Fees paid by you to afdinger in the twelve months preceding the event giving rise to the damages, with an absolute maximum of € 500.

14. Indemnity

You indemnify afdinger and its directors and employees against any third-party claims (including those of suppliers and Partners) arising out of or connected to inaccurate, incomplete or misleading information on your part, a lack of authority to share the Quote or authorise the Negotiation, or a breach by you of these terms or of applicable law.

15. Force majeure

Force majeure means any circumstance beyond afdinger's reasonable control, including outages at Convex, Vercel AI, Stripe, Postmark, Firebase or Google Cloud, internet disruptions, cyberattacks, government measures, war, terrorism, pandemics and labour disputes. During force majeure afdinger's obligations are suspended and afdinger is not liable for any resulting damages.

16. Intellectual property

All intellectual property rights in the Service, the app, the website, the AI models, the generated content (including Audits and email texts) and the afdinger brand belong exclusively to Lost Dutchman Labs B.V. or its licensors.

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Service for your own non-commercial purposes, solely for the intended use.

Nothing in these terms is intended to transfer any intellectual property right to you, except as expressly agreed in writing.

17. Use restrictions

You shall not, and you shall not permit any third party to:

• Use the Service for unlawful, misleading or fraudulent purposes.
• Use the Service for B2B purposes or on behalf of another person without the authority referred to in article 6.
• Upload content for which you have no right or that contains personal data of third parties for which you have no valid legal basis.
• Query, scrape or otherwise use the Service in an automated way that may impair the Service's operation.
• Reverse-engineer, decompile, copy or resell the Service, the AI models or the Audit.
• Imitate or misuse the afdinger name, brand, or email addresses from @afdinger.nl.

18. Suspension and termination

• afdinger may suspend or terminate your access to the Service, in whole or in part, if you fail to comply with these terms, in case of suspected fraud or abuse, or if a legal obligation requires it.
• You may cancel your account at any time by emailing info@afdinger.nl. Any Success Fees already owed remain due.
• Provisions intended by their nature to survive termination (including liability, indemnity, intellectual property, disputes) remain in full force after termination.

19. Changes to these terms

afdinger may unilaterally amend these terms. Material changes will be announced at least 30 days in advance via an in-app notice and/or an email to the address known to us. If you do not accept a material change, you may cancel your account free of charge within that period. Continued use after the announcement period counts as acceptance.

20. Complaints and disputes

Complaints about the Service can be submitted in writing within a reasonable time after they arise via info@afdinger.nl. We respond within 14 days of receipt.

If we cannot resolve it together, you can submit your dispute to the European ODR platform: https://ec.europa.eu/consumers/odr. You always retain the right to submit your dispute to the competent court.

21. Governing law and competent court

These terms and every agreement between you and afdinger are governed exclusively by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods.

Disputes are brought before the competent court in the district of Amsterdam. As a consumer you retain the right to bring the dispute before the court of your own place of residence, in line with article 18 of Regulation (EU) No. 1215/2012 (Brussels I-bis).

22. Final provisions

• If any provision of these terms is wholly or partly void or voidable, the remaining provisions remain in full force. The parties will in that case consult to replace the void or voided provision with a valid one that follows the original intent as closely as possible.
• Any failure or delay by afdinger to exercise any right is not a waiver of that right.
• afdinger may assign its rights and obligations under these terms to a group company or a legal successor; the User may not do so without afdinger's prior written consent.
• These terms, together with the Privacy Policy, form the entire agreement between you and afdinger regarding the Service.

23. Contact

Questions about these terms? Email us at info@afdinger.nl. We respond as soon as possible, typically within five working days.