General Terms and Conditions Swax BV

Version: 2025-08-10 Swax BV (hereinafter "Swax"), with registered office at Pyckestraat 37, 2018 Antwerp, Belgium, KBO number 0474.502.719, VAT number BE0474.502.719, email: team@swax.com, phone: +32 496 558 558, website: www.swax.com.

These general terms and conditions (hereinafter "GTC") apply to all offers, quotes, agreements, deliveries and services of Swax, including those under its brands[^1]. By placing an order, accepting a quote or using the services, the Customer declares to have read and accepted these GTC. Swax recommends that the Customer reads them carefully.

Save as expressly otherwise agreed in writing, these GTC prevail over any conditions of the Customer.

Swax operates as an umbrella entity for brands such as Hello Frank (consulting & advertising), Storify (human content creation), Hello AI (AI content creation), Crash Course (online learning platform), Streem (livestreaming platform), bot (marketing and content automation) and Telling (publishing platform). These GTC apply to all transactions under these brands, unless specific additional conditions apply.

1. Definitions

  • Customer: Any natural person (B2C) or legal entity (B2B) entering into an agreement with Swax.
  • Services: Digital products, software, consulting, content creation (including content generated by means of generative artificial intelligence, hereinafter 'GenAI-content'), online learning platforms, livestreaming, automation, publishing and subscriptions.
  • Agreement: The quote, order confirmation or online order, including these GTC.
  • B2C: Transactions with consumers (natural persons not acting in a professional capacity).
  • B2B: Transactions with businesses.

2. Scope

These GTC apply to all transactions, quotes, agreements and services of Swax, including online orders via the website. Deviations require Swax's written approval. The possible invalidity of one provision does not affect the validity of the remaining provisions.

3. Formation of the Agreement

3.1 The Agreement is formed:

  • Via a budget estimate/quote followed by written acceptance (email or signature) and bank transfer;
  • Via direct online order with payment.

3.2 Quotes are non-binding and valid for 30 days, unless otherwise stated. Prices exclude VAT and any payment fees (e.g. via Stripe, Mollie, PayPal, credit or debit card).

3.3 For B2B: Budget estimates are indicative and non-binding; package prices are product-oriented. 3.4 For subscriptions: Automatic monthly renewal, terminable by email or online panel with 1 month's notice.

4. Prices and Payment

4.1 Prices are expressed in euros, excluding VAT and extra costs (e.g. payment fees). For B2C transactions: including VAT. Promotions are occasional and temporary.

4.2 Payment:

  • Quotes: By bank transfer.
  • Direct sales: Credit card, debit card, PayPal, Stripe or Mollie.
  • Invoices: Payable within 30 days. In case of late payment: by operation of law and without notice of default, late interest (reference interest rate + 8%) and an irrevocable lump-sum compensation (10% of the outstanding amount, with a minimum of €100) shall be due. All outstanding invoices become immediately due by operation of law.

4.3 In case of chargebacks or payment disputes, Swax reserves the right to suspend services and charge additional administration fees, without prejudice to the right to compensation.

5. Delivery and Performance

5.1 Delivery is effected digitally (via website, email or platform). Delivery times are indicative and constitute a best-efforts obligation; delay does not entitle to dissolution or compensation.

5.2 For services (e.g. consulting, content creation): Performed to the best of ability, without guarantee of specific results. The Customer provides timely input; lack of cooperation may lead to additional costs.

5.3 Subscriptions: Access via personal account; available for 1 year after the last login attempt or after removal of the product from Swax's range, unless otherwise notified. Access is strictly personal and non-transferable.

5.4 Changes or cancellations: In writing at least 5 working days before commencement. Otherwise: Full price due. Subscriptions: See art. 3.4.

6. Right of Withdrawal (B2C only)

6.1 For digital products/services, no right of withdrawal applies (exception art. VI.53,13° WER), if the Customer consents to immediate performance and waives the right.

6.2 Swax voluntarily offers a refund policy: A request for refund must be submitted within 14 days; Swax assesses this on a case-by-case basis. B2B customers cannot claim a right of withdrawal.

7. Warranty and Liability

7.1 No warranty is granted on digital products/services; Swax is not liable for indirect damage (e.g. loss of profits, data loss).

7.2 The liability of Swax is limited to intent or gross negligence; maximum the invoice amount of the specific service.

  • For content not generated by means of generative artificial intelligence: The intellectual property rights vest in Swax, unless expressly otherwise agreed.
  • For content generated by means of generative artificial intelligence (GenAI-content): The intellectual property rights vest in first instance in Swax, yet are subject to debate under applicable EU legislation (e.g. AI Act), without guarantee of exclusive rights. Liability for the use of GenAI-content, including risk of inaccuracies, incompleteness or legal disputes, rests entirely with the Customer; Swax bears no risk in this regard.

7.3 For creations (e.g. video, advertising): Swax retains the rights, unless expressly otherwise agreed. The Customer may refer to brands, but not use them without permission.

8. Intellectual Property

8.1 Swax retains all intellectual property rights to services, content, software and creations. The Customer obtains merely a limited, non-exclusive right of use. No reproduction or distribution without express permission.

  • For content generated by means of generative artificial intelligence (GenAI-content): The rights are subject to uncertainty under applicable EU legislation; it is presently premature to assess potential disputes in this regard. No liability may be recovered from Swax; the Customer bears all risks associated with its use.

9. Privacy and Data Processing

Refer to our separate privacy policy at [link to privacy policy]. Personal data is processed in accordance with the GDPR.

10. Complaints and Disputes

10.1 Complaints must be submitted in writing within 8 days after delivery via email (team@swax.com) or phone (+32 496 558 558, contact: Frank Bongers, frank@swax.com).

10.2 Disputes: Belgian law applies exclusively; exclusive jurisdiction lies with the courts in Antwerp, unless mandatory provisions provide otherwise. No alternative dispute resolution.

11. Force Majeure and Termination

11.1 Cases of force majeure (e.g. pandemic, strike) suspend Swax's obligations; no liability.

11.2 Termination: In case of breach, suspension or dissolution is possible, without prejudice to the right to compensation. Subscriptions: See art. 3.4.

12. Miscellaneous

12.1 Changes: Swax reserves the right to amend these GTC; the amended version applies after publication.

12.2 Assignment: Swax may assign rights and obligations.

12.3 Applicable law: Belgian law exclusively.