Terms of service

• “DeciDesk”, “we”, “us”, “our” — DeciDesk, operated by Dennis Heemskerk, based in the Netherlands.
• “Service” — the DeciDesk web application, desktop applications, APIs, and related services.
• “Customer”, “you”, “your” — the organization (or, where applicable, the individual) that has agreed to these Terms.
• “Authorized Users” — employees, contractors, or other people the Customer permits to use the Service under its account.
• “Customer Data” — any content, data, or information uploaded, entered, or generated by Authorized Users in the Service.
• “Subscription” — a paid plan giving access to the Service for a defined term.
• “Free Tier” — any feature, plan, or trial provided without charge.

• You must provide accurate, current, and complete information when creating an account, and keep it up to date.
• You are responsible for safeguarding account credentials and for all activity that occurs under your account.
• You must notify us promptly at legal@decidesk.ai of any suspected unauthorized access.
• You must be at least 16 years old to use the Service. DeciDesk is not intended for use by children.

We provide the Service on a subscription basis, as further described on our website and inside the product. We may update, improve, or modify features over time; we will not materially reduce the core functionality of a paid plan during your then-current subscription term without giving you reasonable notice.

You agree not to:

• Use the Service in violation of any applicable law or regulation.
• Upload, store, or transmit content that is unlawful, infringing, defamatory, or that violates a third party’s rights.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Reverse engineer, decompile, or attempt to derive source code, except to the extent expressly permitted by law.
• Use the Service to send spam, malware, or to scrape data without authorization.
• Resell, sublicense, or make the Service available to third parties outside your organization without our written consent.
• Use the Service to build or train a competing product, or to benchmark it without our written consent.
• Circumvent or disable security or usage-limit features, including AI usage quotas.

We may suspend or terminate access for any breach of this section, with or without notice, depending on severity.

• Paid subscriptions are billed in advance on a monthly basis, with the first regular invoice issued on the 1st of the calendar month following any free trial. The partial period between the trial end and the first of the following month is prorated and included on that first invoice.
• DeciDesk is the seller and merchant of record for your subscription. Your contractual relationship for the paid Service is with DeciDesk. We use Stripe (Stripe Payments Europe Ltd. for customers in the EU and Stripe, Inc. for other regions) as our payment processor to collect card details, charge invoices, and issue receipts on our behalf. Stripe is not a party to your subscription agreement.
• Fees are stated exclusive of VAT and other applicable indirect taxes unless explicitly noted otherwise. As the seller, DeciDesk is responsible for charging and remitting the correct VAT based on your billing address and, where applicable, your VAT identification number. For EU B2B customers that supply a valid VAT number, the reverse-charge mechanism applies and VAT will not be charged on the invoice. For Dutch customers VAT is charged at the applicable Dutch rate.
• To meet our tax obligations we require accurate billing details (legal name, billing address, country, and — for EU businesses — VAT number). You are responsible for keeping these details current; corrections that affect tax treatment can only be applied to invoices issued after the change.
• If a payment fails, we may retry the charge and, if it continues to fail, suspend or downgrade your account until payment is made.
• Prices may change with at least 30 days’ notice for the next renewal term. Continuing to use the Service after a price change becomes effective constitutes acceptance.

We may offer a Free Tier or trial of paid features. Free Tier access is provided “as is” and may be modified or discontinued at any time. We may also suspend Free Tier accounts that are inactive for an extended period.

• Subscriptions renew automatically for successive terms equal to the original term (e.g. monthly subscriptions renew monthly) unless cancelled before the renewal date.
• You can cancel at any time from your billing settings; cancellation takes effect at the end of the current paid term, and you keep access until then.
• We do not provide refunds for partial periods, except where required by mandatory law or as expressly stated in section 8.

• All fees are non-refundable except as required by mandatory law.
• If we materially fail to provide the Service and cannot remedy the failure within a reasonable time after you give us written notice, you may cancel and receive a pro-rated refund of the unused, prepaid portion.
• If you believe you were charged in error, contact legal@decidesk.ai within 30 days of the charge.

• As between you and us, you own all rights, title, and interest in your Customer Data. We claim no ownership over it.
• You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Service for you, to comply with law, and to enforce these Terms.
• You are responsible for ensuring you have the necessary rights and permissions to upload Customer Data and that it does not infringe third-party rights or violate applicable law.

• DeciDesk, including all software, designs, content (other than Customer Data), trademarks, logos, and documentation, is and remains our exclusive property and that of our licensors.
• Subject to these Terms and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription term.
• All rights not expressly granted are reserved.
• If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction.

The Service includes features powered by third-party AI models (currently Anthropic Claude). Outputs generated by AI are provided on a best-effort basis and may contain inaccuracies; you are responsible for reviewing and validating AI outputs before relying on them. AI usage is subject to fair-use quotas described inside the product. You agree not to use AI features to generate content that violates these Terms or applicable law.

Our processing of personal data is described in our Privacy Policy, which forms part of these Terms. To the extent we act as a processor of personal data on your behalf, the data processing terms in our Data Processing Agreement (available on request) apply.

Each party agrees to keep the other party’s non-public business and technical information confidential, to use it only to perform under these Terms, and to protect it with at least the same care it uses for its own confidential information (and in any event reasonable care). This obligation does not apply to information that is publicly known through no fault of the receiving party, that the receiving party already lawfully knew, that is independently developed without use of the disclosed information, or that must be disclosed by law.

We aim to keep the Service reliably available but do not guarantee uninterrupted or error-free access. We may perform scheduled or emergency maintenance, and the Service may occasionally be unavailable due to factors beyond our reasonable control. We do not offer a contractual uptime SLA on the standard plans; if you require one, contact us about an enterprise arrangement.

We may suspend access to all or part of the Service, with or without prior notice, if we reasonably believe doing so is necessary to (a) prevent material harm to the Service, our infrastructure, or other customers; (b) respond to a credible legal request; (c) address an unpaid balance; or (d) respond to a material breach of these Terms. We will restore access as soon as the underlying reason is resolved.

• You may terminate your subscription at any time by cancelling from your billing settings; the termination takes effect at the end of the then-current paid term.
• We may terminate or suspend your account immediately if you materially breach these Terms and fail to cure the breach within 14 days of written notice (or immediately, in the case of a breach incapable of cure or a serious breach such as one threatening the security or integrity of the Service).
• Either party may terminate immediately if the other becomes insolvent, files for bankruptcy, or ceases doing business.
• Sections that by their nature should survive termination (including 9, 10, 13, 17, 18, 21, 27 and 28) will survive.

• Upon termination, your right to use the Service ends immediately.
• For 30 days after termination you may request an export of your Customer Data in a commonly used format.
• After that period (or sooner if you request earlier deletion) we will delete or anonymize Customer Data in active systems within 30 days, except where retention is required by law (e.g. invoices). Encrypted backups may retain Customer Data for up to a further 35 days before rotation.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will meet your requirements, be uninterrupted, or be free from errors. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable mandatory law.

• To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages.
• Each party’s total aggregate liability arising out of or relating to these Terms or the Service in any 12-month period will not exceed the greater of (a) the fees you paid to us for the Service in that 12-month period, or (b) one hundred euros (EUR 100).
• The limitations and exclusions in this section do not apply to: (i) liability that cannot be limited under mandatory law; (ii) a party’s indemnification obligations under section 20; (iii) a party’s breach of confidentiality obligations under section 13; or (iv) a party’s wilful misconduct or gross negligence.

• You will defend, indemnify, and hold us harmless from any third-party claim arising from (a) your or your Authorized Users’ use of the Service in violation of these Terms or applicable law; (b) Customer Data; or (c) your breach of section 4 (Acceptable use) or section 10 (Intellectual property).
• We will defend, indemnify, and hold you harmless from any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s intellectual property rights, and pay any damages finally awarded or settlement we agree to. This does not apply where the alleged infringement results from Customer Data, your modifications, or your combination of the Service with anything we did not provide.
• Each party will: (i) promptly notify the other of any claim; (ii) give the other sole control over the defence and settlement; and (iii) reasonably cooperate.

The Service may integrate with or link to third-party products and services. We are not responsible for those third parties, and your use of them is governed by their own terms. If you enable a third-party integration, you authorize us to exchange Customer Data with it as reasonably needed to provide that integration.

We may make beta, preview, or experimental features available, identified as such. These features are provided “as is”, may be modified or discontinued at any time, and are not subject to the warranties, indemnities, or SLAs of the generally available Service.

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, internet or telecommunications failures, power failures, denial-of-service attacks, or governmental actions.

We may give notices to you by email to the address associated with your account, by in-product notification, or by posting on our website. You must send notices to us at legal@decidesk.ai. Notices are deemed received on the day sent (if a business day) or the next business day.

You may not assign or transfer these Terms or any rights under them without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all of your assets, provided the successor is not a competitor. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets. Any assignment in violation of this section is void.

We may update these Terms from time to time. For material changes we will give at least 30 days’ advance notice by email or in-product notification. Continued use of the Service after the changes take effect constitutes acceptance. If you do not agree to the changes, your sole remedy is to stop using the Service and cancel your subscription before they take effect.

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The competent court in Rotterdam, the Netherlands, has exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rule that would grant a consumer the right to proceed in the courts of their place of residence.

• Entire agreement: these Terms (together with the Privacy Policy and any order form or DPA executed between us) are the entire agreement between the parties and supersede any prior agreements on the same subject.
• Severability: if any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision is replaced by an enforceable provision that comes closest to the original intent.
• Waiver: a party’s failure to enforce a provision is not a waiver of its right to do so later.
• Relationship: the parties are independent contractors; nothing creates a partnership, agency, or employment relationship.
• No third-party beneficiaries: these Terms are for the benefit of the parties only.

Questions about these Terms? Email legal@decidesk.ai or visit the contact page.