Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Infinized B.V., a company registered in the Netherlands (KVK: 88526461, VAT: NL864668788B01), operating the Infinized AI Control Plane ("Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

In these Terms, the following definitions apply:

• "Platform" means the Infinized AI Control Plane, including all tools, APIs, dashboards, documentation, and related services provided by Infinized B.V.
• "Agent" means any AI agent created, configured, or deployed by a Customer using the Platform, including its system prompts, tool bindings, model preferences, and behavioral configurations.
• "Customer" means any individual or legal entity that registers for and uses the Platform.
• "Customer Content" means all data, prompts, configurations, documents, and other materials uploaded, created, or processed by a Customer through the Platform.
• "AI Output" means any text, data, code, or other content generated by AI models through the Platform in response to Customer prompts or Agent configurations.
• "Organization" means a Customer's workspace on the Platform that contains projects, agents, team members, and associated data.
• "Third-Party AI Provider" means external AI model providers (such as OpenAI, Anthropic, Mistral, and Google) whose models are accessible through the Platform's model gateway.
• "Services" means all features, tools, and functionality provided through the Platform, including the Agent Builder, Model Gateway, Governance Engine, Runtime Manager, and Chat Surface.

To use the Platform, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Eligibility

• You must be at least 18 years of age or the age of legal majority in your jurisdiction.
• If registering on behalf of an organization, you must have the legal authority to bind that organization.
• You must not have been previously suspended or removed from the Platform.
• Your use of the Platform must comply with all applicable laws and regulations in your jurisdiction.

You agree to notify Infinized immediately of any unauthorized use of your account or any other breach of security. Infinized will not be liable for any loss or damage arising from your failure to protect your account credentials.

Subject to your compliance with these Terms, Infinized grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes in accordance with your subscription plan.

You may:

• Create, configure, test, and deploy AI agents using the Platform's tools.
• Route requests to supported Third-Party AI Providers through the Model Gateway.
• Use the Governance Engine to define and enforce policies on your agents.
• Access the Platform's APIs in accordance with the published documentation and rate limits.
• Invite team members to your Organization in accordance with your subscription plan.

You may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Sublicense, resell, or redistribute access to the Platform without prior written consent.
• Use the Platform to develop a competing product or service.
• Circumvent or attempt to circumvent any security measures, rate limits, or usage restrictions.
• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
• Interfere with or disrupt the integrity or performance of the Platform.

As a Customer of the Platform, you acknowledge and agree that you are responsible for:

• Agent Configuration: All system prompts, instructions, tool bindings, model selections, and behavioral parameters you define for your agents.
• Agent Outputs: All content, responses, recommendations, and actions generated by your agents, regardless of which AI model produced them.
• Data & Content: All data you upload, process, or transmit through the Platform, including ensuring you have the necessary rights and permissions to use such data.
• Compliance: Ensuring your use of the Platform and your agents complies with all applicable laws, regulations, and industry standards, including but not limited to the EU AI Act, GDPR, and any sector-specific regulations.
• End Users: The interactions between your agents and your end users, including providing appropriate disclosures that they are interacting with an AI system.
• Governance Policies: Configuring appropriate governance policies, approval gates, and safety measures for your agents using the Platform's Governance Engine.
• API Keys: The security and management of your own API keys, including any Bring Your Own Key (BYOK) credentials for Third-Party AI Providers.
• Risk Assessment: Conducting appropriate risk assessments for your AI use cases and implementing proportionate safeguards.

You expressly acknowledge and agree that:

• No Guarantee of Accuracy: AI models may produce outputs that are inaccurate, incomplete, misleading, biased, or otherwise unsuitable. Infinized makes no representations or warranties regarding the accuracy, reliability, or fitness for purpose of any AI Output.
• No Liability for AI Behavior: Infinized is not responsible for any actions taken by AI agents, including but not limited to responses provided to end users, decisions made, content generated, or tool calls executed.
• Customer Assumes All Risk: You assume all risk associated with the use of AI agents built on the Platform, including any harm, loss, or damage resulting from AI Outputs or agent behavior.
• Human Oversight Required: AI agents should not be used as the sole basis for decisions that have significant legal, financial, medical, or safety implications. You are responsible for implementing appropriate human oversight.
• No Professional Advice: AI Outputs do not constitute professional, legal, medical, financial, or any other form of expert advice. You should seek qualified professional counsel for such matters.
• Model Variability: AI model behavior may change over time as Third-Party AI Providers update their models. Infinized does not control these changes and is not responsible for any impact they may have on your agents.

The Platform's Model Gateway routes requests to Third-Party AI Providers, including but not limited to OpenAI, Anthropic, Mistral, and Google. Your use of these providers through the Platform is subject to the following:

• Separate Terms Apply: Each Third-Party AI Provider has its own terms of service, acceptable use policies, and privacy policies. By routing requests to these providers through the Platform, you agree to comply with their respective terms.
• No Warranty: Infinized does not warrant the availability, performance, accuracy, or reliability of any Third-Party AI Provider. Providers may experience outages, rate limits, or service degradations outside of Infinized's control.
• Data Processing: When you route requests to Third-Party AI Providers, your prompts and data are transmitted to those providers for processing. The handling of this data is governed by the respective provider's terms and privacy policies.
• BYOK Responsibility: If you use Bring Your Own Key (BYOK) to connect directly to Third-Party AI Providers, you are solely responsible for the management, security, and costs associated with those API keys.
• Provider Changes: Infinized may add, remove, or modify supported Third-Party AI Providers at any time. We will provide reasonable notice of material changes that may affect your agents.

Infinized's Intellectual Property

The Platform, including all software, algorithms, user interfaces, designs, documentation, trademarks, and related intellectual property, is and remains the exclusive property of Infinized B.V. and its licensors. These Terms do not grant you any ownership rights in the Platform.

Customer's Intellectual Property

You retain all rights, title, and interest in your Customer Content, including your agent configurations, system prompts, uploaded data, and custom tool definitions. Infinized does not claim ownership of your Customer Content.

AI Outputs

Ownership of AI Outputs is subject to the terms of the applicable Third-Party AI Provider. Infinized does not claim ownership of AI Outputs generated through the Platform. You are responsible for understanding and complying with the intellectual property terms of the AI model providers you use.

Limited License to Infinized

You grant Infinized a limited, non-exclusive license to use your Customer Content solely as necessary to provide, maintain, and improve the Platform. This license does not permit Infinized to use your Customer Content for training AI models or for any purpose unrelated to the delivery of the Services.

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key data commitments:

• All Platform infrastructure is hosted within the European Union.
• We process data in accordance with the General Data Protection Regulation (GDPR).
• Data Processing Agreements (DPAs) are available for all subscription plans.
• We do not sell, rent, or trade your personal data or Customer Content to third parties.
• We do not use your Customer Content to train AI models.

You are responsible for ensuring that your use of the Platform complies with applicable data protection laws, including obtaining necessary consents from your end users where required.

Certain features of the Platform require a paid subscription. By selecting a paid plan, you agree to the following:

• Subscription Plans: Pricing, features, and usage limits are as described on our pricing page at the time of purchase. Infinized reserves the right to modify pricing with 30 days' prior notice.
• Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Usage-based charges (such as model API costs) are billed in arrears.
• Payment Methods: You must provide a valid payment method. You authorize Infinized to charge your payment method for all fees incurred under your account.
• Taxes: All fees are exclusive of applicable taxes (including VAT). You are responsible for all taxes associated with your use of the Platform, except for taxes based on Infinized's net income.
• Late Payment: Overdue amounts may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Infinized may suspend access to the Platform for accounts with overdue balances.
• Refunds: Subscription fees are non-refundable except where required by applicable law. Unused portions of a subscription period are not eligible for refund upon cancellation.

Infinized strives to maintain high availability of the Platform. Service level commitments vary by subscription plan:

• Uptime Target: We target 99.9% uptime for the Platform's core services, measured on a monthly basis. Specific SLA terms are detailed in your subscription agreement.
• Scheduled Maintenance: Planned maintenance windows will be communicated at least 48 hours in advance and scheduled during low-traffic periods where possible.
• Exclusions: Uptime calculations exclude downtime caused by Third-Party AI Provider outages, force majeure events, Customer-caused issues, or scheduled maintenance.
• Service Credits: If the Platform fails to meet the uptime target, eligible Customers may request service credits in accordance with their subscription agreement.

Infinized is not responsible for the availability or performance of Third-Party AI Providers. Outages or degradations at the provider level are outside of Infinized's control and are not covered by our service level commitments.

You agree to indemnify, defend, and hold harmless Infinized B.V., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform and the agents you create, configure, or deploy.
• AI Outputs generated by your agents, including any claims by third parties related to such outputs.
• Your Customer Content, including any claims that it infringes or violates the rights of a third party.
• Your violation of these Terms or any applicable law or regulation.
• Your failure to comply with applicable data protection laws, including the GDPR and the EU AI Act.
• Any dispute between you and your end users related to AI agent interactions.

Infinized will promptly notify you of any claim subject to indemnification and will provide reasonable cooperation in the defense of such claim at your expense.

Termination by Customer

You may terminate your account at any time by contacting us at contact@infinized.com or through the account settings in the Platform. Termination does not entitle you to a refund of any prepaid fees.

Termination by Infinized

Infinized may suspend or terminate your access to the Platform, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable law.
• Non-payment of fees.
• Conduct that Infinized reasonably believes is harmful to other Customers, the Platform, or third parties.
• Extended period of account inactivity.

Effect of Termination

Upon termination, your right to access and use the Platform ceases immediately. Infinized will retain your data for a period of 30 days following termination, during which you may request an export of your Customer Content. After this period, your data will be permanently deleted in accordance with our data retention policies.

Sections that by their nature should survive termination will survive, including but not limited to Sections 6 (AI Agent Disclaimer), 8 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law).

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands.

Notwithstanding the foregoing, nothing in these Terms shall prevent Infinized from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

If you are a consumer within the European Union, you may also be entitled to invoke the mandatory consumer protection laws of your country of residence, and you may bring proceedings in the courts of that country.

Infinized reserves the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on the Platform with a revised "Last updated" date.
• Sending an email notification to the address associated with your account for material changes.
• Displaying a prominent notice within the Platform dashboard.

Material changes will take effect 30 days after notification. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and terminate your account.

If you have any questions about these Terms, please contact us: