Conmoji B.V.
Trade name: Conmoji BV
KVK: 42159168
The Hague, the Netherlands
Email: support@conmoji.com
2.1 These Terms of Service (“Terms”) govern access to and use of the Conmoji platform and related services (the “Service”) provided by Conmoji B.V. (“Conmoji”, “we”, “us”).
2.2 By creating an account, subscribing to, or otherwise using the Service, you (“Customer”, “you”) agree to be bound by these Terms.
2.3 The Service is provided exclusively to businesses. By using the Service, you confirm that you are acting in a professional or business capacity and not as a consumer.
3.1 Conmoji uses Mollie B.V. (“Mollie”) as its payment service provider to process online payments made through the Service.
3.2 Unlike arrangements where a payment provider acts as merchant of record, Conmoji itself remains the seller of the Service. Conmoji is responsible for issuing invoices, and for calculating, collecting and remitting any applicable VAT or other taxes on subscription fees.
3.3 Mollie processes the payment details you provide (such as card, iDEAL, or bank details) on Conmoji’s behalf. As a licensed financial institution, Mollie acts as an independent data controller for this payment data under its own privacy policy and terms, available at https://www.mollie.com/legal.
3.4 By completing a payment, you also agree to Mollie’s applicable terms of use.
3.5 Mollie is responsible for the technical processing and security of payment transactions. Conmoji remains responsible for billing, invoicing, refunds, and tax compliance as described in Section 5.
4.1 Conmoji provides a cloud-based platform enabling businesses to create, deploy, and manage AI-powered virtual assistants (“Moji”) for use on their websites and other channels.
4.2 Conmoji acts as:
4.3 Customers remain responsible for ensuring their lawful use of the Service and any chatbot functionality, including compliance with applicable data protection and consumer protection law.
New customers may access the Service for an initial trial period of 14 days at a reduced rate of €1 (excl. VAT). Unless cancelled before the end of the trial period, the subscription automatically continues at the standard recurring fee of €99 per month (excl. VAT).
All fees are stated exclusive of VAT unless explicitly indicated otherwise. VAT or other applicable taxes will be added in accordance with your location and VAT registration status.
Conmoji may, at its sole discretion, make the Service available through resellers, partners, or promotional discount codes at a price that differs from the standard rate referred to in Section 5.1. The price displayed and confirmed to you at checkout is the price that applies to your subscription. Promotional or partner pricing may be limited in duration, discontinued, or changed at any time and does not affect the standard pricing applicable to other customers.
By completing checkout, you:
Conmoji calculates, collects, and remits applicable VAT and other taxes on subscription fees, and issues invoices directly to Customers.
Conmoji may adjust subscription fees from time to time, including to reflect inflation and increases in operating costs, for example with reference to the Dutch Consumer Price Index (CBS) or a comparable measure.
Conmoji will notify Customers of any price increase at least 30 days before it takes effect.
If you do not wish to accept a price increase, you may cancel your subscription before the new price takes effect, without penalty. Continued use of the Service after the effective date constitutes acceptance of the new price.
Except where required by applicable law, fees already paid are non-refundable. Conmoji may, at its sole discretion, offer a full or partial refund in exceptional circumstances.
Chargebacks initiated through Mollie may result in suspension of your account pending resolution.
You may cancel your subscription at any time via your account dashboard. Cancellation prevents future renewals; access continues until the end of the paid period.
You are required to keep a valid payment method linked to your account. If a payment fails or is not received by the due date, Conmoji may:
Suspension of the Service for non-payment does not relieve you of your obligation to pay any outstanding fees.
You may not use the Service to:
We reserve the right to suspend accounts for violations of this Section.
Fair use. Plans that include “unlimited” chats are meant for normal business use of one Moji on your own website. Usage far above what is typical for a business of similar size, or traffic generated by automated means (such as bots, scripts, or load testing), is not covered. If your usage goes beyond fair use, we will contact you first to talk it through and may propose a Custom plan. We may temporarily limit usage where it puts the stability of the Service for other customers at risk.
7.1 Ownership. Conmoji owns all right, title, and interest in and to the Service, including its underlying software, source code, algorithms, user interface, visual design, “look and feel”, trademarks, logos, and documentation (the “Conmoji IP”). Nothing in these Terms transfers any ownership of the Conmoji IP to Customer.
7.2 License. Subject to your compliance with these Terms and payment of applicable fees, Conmoji grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.
7.3 Restrictions. You shall not, and shall not permit any third party to:
7.4 Customer Data. As between Conmoji and Customer, Customer retains all rights to the data and content it inputs into the Service (“Customer Data”). Customer grants Conmoji a limited license to use Customer Data solely to provide, maintain, and improve the Service.
7.5 Feedback. If you provide suggestions or feedback about the Service, Conmoji may use this feedback without any obligation to you.
8.1 AI-Generated Output. The Service uses artificial intelligence to generate responses. AI-generated output (including Moji responses) may be inaccurate, incomplete, or unsuitable for a particular purpose. Conmoji does not warrant the accuracy, reliability, or fitness of any AI output. You must not rely on AI output as the sole basis for any legal, medical, financial, or other material decision, and you remain responsible for reviewing and supervising your Moji.
8.2 Customer Content and Knowledge Base. The Service allows you to upload content, instructions, and information to a knowledge base that your Moji uses to generate responses. You are solely responsible for the accuracy, legality, and appropriateness of all content you provide, and for the resulting behaviour of your Moji. Conmoji does not review, verify, or endorse Customer-provided content and accepts no responsibility or liability for it, including for any inaccurate, unlawful, or infringing content, or for any responses generated on the basis of it.
8.3 “As Is” Basis. Except as expressly stated in these Terms, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Conmoji does not warrant that the Service will be uninterrupted, error-free, or completely secure.
9.1 Roles. In providing the Service, Conmoji acts as Data Processor and you act as Data Controller with respect to personal data contained in chatbot interaction data and Customer-provided content (“Customer Personal Data”). Conmoji acts as Data Controller for account-level and platform data, as described in the Privacy Policy.
Reseller-related processing. Conmoji may engage authorised Resellers to assist with the marketing, sale, onboarding, administration, and support of the Service, as further described in Section 10. Depending on the nature of the activities performed, a Reseller may process personal data on behalf of Conmoji or act as an independent or joint controller. The applicable roles, purposes, and safeguards shall be determined in accordance with the actual processing activities and applicable data protection law.
9.2 Scope and Instructions. Conmoji processes Customer Personal Data only on your documented instructions, including as set out in these Terms, unless required to do otherwise by law. The subject matter, duration, nature and purpose of the processing, the types of personal data, and the categories of data subjects are determined by your use of the Service.
9.3 Processor Obligations. Conmoji shall:
9.4 Sub-processors. You provide general authorisation for Conmoji to engage sub-processors to carry out specific processing activities. Conmoji shall inform you of any intended addition or replacement of a sub-processor and give you the opportunity to object on reasonable data-protection grounds. Conmoji shall impose data-protection obligations on its sub-processors that are no less protective than those set out in this Section. The general authorisation in this Section applies to sub-processors engaged to perform processing activities on behalf of Conmoji and does not, by itself, determine the role of any Reseller under applicable data protection law.
9.5 International Transfers. Conmoji shall not transfer Customer Personal Data outside the European Economic Area without implementing an appropriate transfer mechanism recognised under the GDPR, such as the European Commission’s Standard Contractual Clauses.
9.6 Data Breaches. Conmoji shall notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data, and shall provide the information reasonably necessary for you to meet your own notification obligations.
9.7 Data Processing Agreement. This Section constitutes the data processing agreement between the parties. A separate data processing agreement may be entered into on request; in the event of any conflict, the separately signed agreement prevails.
10.1 Authorised Resellers. Conmoji may appoint authorised resellers, distributors, referral partners, and other commercial partners (each, a “Reseller”) to market, promote, distribute, resell, implement, and provide support in relation to the Service. Resellers may act on behalf of Conmoji within the scope of the authority granted to them by Conmoji.
10.2 Reseller Activities and Customer Communications. Resellers may contact existing and prospective Customers in connection with the promotion, sale, onboarding, administration, and support of the Service. Conmoji may facilitate such activities by providing Resellers with limited Customer account information as described in Section 10.4 and in accordance with the Privacy Policy and applicable law.
10.3 Reseller Terms and Responsibility. Where you purchase the Service through a Reseller, your use of the Service remains governed by these Terms. Pricing, invoicing, and payment may be subject to separate terms agreed with the Reseller. Resellers may not modify these Terms, make warranties, or enter into commitments on behalf of Conmoji unless expressly authorised by Conmoji in writing.
10.4 Customer Account Information. To facilitate the activities described in this Section, Conmoji may disclose to authorised Resellers limited Customer account information, including the Customer’s company name, business contact details, subscription status, and information reasonably necessary for sales administration, onboarding, account management, and support of the Service.
Where such information constitutes personal data, its disclosure and subsequent processing shall be carried out in accordance with applicable data protection laws, the Privacy Policy, and any applicable data processing or other contractual arrangements.
Resellers may use such information only for authorised activities relating to the Service and shall not use it for unrelated marketing purposes or disclose it to unauthorised third parties.
10.5 Data Protection and Confidentiality. Conmoji shall ensure that appropriate contractual and organisational safeguards are in place for the processing of personal data by Resellers. Where a Reseller processes personal data on behalf of Conmoji, such processing shall be governed by an agreement meeting the requirements of Article 28 GDPR. Where a Reseller acts as an independent or joint controller, the parties shall establish their respective responsibilities in accordance with applicable data protection law.
10.6 No Change to Subscription. The appointment of a Reseller shall not, by itself, change your subscription, fees, or rights under these Terms. Conmoji remains responsible for its obligations under these Terms, except to the extent expressly agreed otherwise in a separate written agreement.
10.7 Reseller Statements and Liability. Resellers are responsible for their own acts, statements, and omissions. Except where a Reseller acts within the scope of authority expressly granted by Conmoji in writing, Conmoji is not liable for any representation, warranty, or commitment made by a Reseller that is not contained in these Terms.
We may suspend or terminate accounts in cases of:
Upon termination:
To the maximum extent permitted by law:
You shall indemnify, defend, and hold harmless Conmoji and its personnel against any third-party claims, damages, losses, liabilities, and reasonable costs (including legal fees) arising out of or relating to:
Each party shall keep confidential any non-public information disclosed by the other party in connection with these Terms, and shall use such information only to perform its obligations under these Terms.
These Terms are governed by the laws of the Netherlands. Any disputes shall be submitted to the exclusive jurisdiction of the competent court in The Hague, the Netherlands.
16.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
16.2 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between Customer and Conmoji regarding the Service.
16.3 Assignment. Customer may not assign these Terms without Conmoji’s prior written consent. Conmoji may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.4 Force Majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control.
16.5 Notices. Notices under these Terms shall be sent to the contact details provided at registration, or to support@conmoji.com.