Terms and Conditions for Optimaize BV AI Application

1. Introduction

Welcome to the Optimaize BV AI application ("the App"). These Terms and Conditions ("Terms") govern your use of the App and its associated services. By accessing or using the App, you agree to these Terms. If you do not agree, do not use the App.

2. Acceptance of the Terms

By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to these Terms. If you are using the App on behalf of a company or legal entity, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

3.1. Minimum Age: You must be at least 16 years old to use the App. If under 18, parental or guardian consent is required.

3.2. Account Creation: To use the App, you must create an account with a valid email or through one of our supported third-party login options (Google, Microsoft, Twitter, or Apple ID).

3.3. Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities under your account. You agree to notify Optimaize BV immediately of any unauthorized use of your account.

3.4. Free Credit: New users receive €10 free credit upon account validation. This credit is subject to our fair use policy and may be revoked in case of misuse.

4. User Conduct

4.1. Lawful Use: You agree to use the App only for lawful purposes and in accordance with these Terms.

4.2. Prohibited Activities: You may not:

• Use the App to violate any applicable law or regulation
• Attempt to gain unauthorized access to the App or related systems
• Disrupt or impair the integrity or performance of the App
• Use the App to spread viruses, malware, or harmful code
• Impersonate any person or entity or misrepresent your relationship with any person or entity

4.3. Responsibility for Content: You are solely responsible for all content you input into the App, including any consequences arising from such content.

5. Intellectual Property Rights

5.1. Ownership: Optimaize BV and its licensors retain all rights, title, and interest in the App, including all related intellectual property rights.

5.2. License: Subject to these Terms, Optimaize BV grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for its intended purposes.

5.3. User Content: You retain ownership of all content you input into the App. By using the App, you grant Optimaize BV a worldwide, royalty-free license to use, reproduce, and process your content solely to provide and improve the App’s services.

6. Privacy Policy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

7. Accuracy of AI Output

7.1. Limited Accuracy: The App uses advanced AI technology to generate output. While we strive for high quality, the accuracy of AI-generated output may vary and is not guaranteed to be 100% accurate or reliable.

7.2. User Responsibility: You acknowledge and agree that:

• AI-generated output may not always be accurate or complete
• You must verify and evaluate the output before using or relying on it
• You should not use the output as the sole basis for important decisions without further verification or professional advice
• Optimaize BV is not responsible for decisions made based on AI-generated output.

8. Payments and Subscriptions

8.1. Pricing: Current prices for our services are available on our website or within the App. All prices include VAT unless stated otherwise.

8.2. Payment Methods: We accept various payment methods, as listed in the App. You agree that you are authorized to use your chosen payment method.

8.3. Subscriptions: You can subscribe to certain features of the App. Subscriptions automatically renew for successive periods unless canceled before the next renewal date.

8.4. Cancellation: You may cancel your subscription at any time through your account settings. After cancellation, you will retain access to subscription features until the end of the current billing period.

8.5. Price Changes: We reserve the right to change our prices. In the event of a price increase for existing subscriptions, we will notify you at least 30 days in advance.

9. Limitation of Liability

9.1. Disclaimer: The App is provided "as is" and "as available". Optimaize BV makes no warranties regarding the availability, reliability, or suitability of the App for your specific purposes.

9.2. Limitation: To the fullest extent permitted by law, Optimaize BV is not liable for any indirect, incidental, special, or consequential damages, or for any loss of profits, revenue, data, or use arising from your use of the App.

9.3. Maximum Liability: In no event will Optimaize BV’s total liability for all claims related to the App exceed the amount you paid for using the App in the 12 months preceding the claim, or €100, whichever is greater.

10. Changes to the Terms

10.1. Right to Modify: Optimaize BV reserves the right to modify these Terms from time to time. We will notify you of material changes via an in-App notification or email, at least 30 days before the changes take effect.

10.2. Continued Use: Your continued use of the App after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must stop using the App.

11. Termination

11.1. By User: You may terminate your account at any time by contacting our customer support.

11.2. By Optimaize BV: We reserve the right to terminate or suspend your access to the App if you violate these Terms or if we reasonably believe that your use of the App is harmful to Optimaize BV or other users.

12. Governing Law and Dispute Resolution

These Terms are governed by Dutch law. Any disputes arising out of or related to these Terms or your use of the App will be submitted to the competent courts in the Netherlands.

13. Contact

If you have any questions or comments about these Terms or the App, please contact us at: Optimaize BV

Last updated: 8-2024