Terms & Conditions

1. Agreement to Terms

By accessing and using Enydea ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Service.

2. Service Description

Enydea is an AI-powered marketing automation platform provided by XBMS B.V. (KvK: 82869022). The Service includes:

• AI content generation (images, videos, text)
• Lead generation and discovery tools
• CRM and relationship management
• Social media management
• Email marketing campaigns
• Analytics and reporting

3. User Accounts

3.1 Registration

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

• You must be at least 16 years old to create an account
• One person or entity may maintain only one active account
• You are responsible for all activity under your account
• Notify us immediately of any unauthorized access

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Generate illegal, harmful, or offensive content
• Violate intellectual property rights
• Spread spam, malware, or phishing attempts
• Harass, bully, or threaten others
• Scrape or data mine without authorization
• Attempt to gain unauthorized access to systems
• Use bots or automation to abuse the Service
• Violate any applicable laws or regulations

5. Subscription and Payments

5.1 Pricing

Subscription fees are listed on our pricing page. Prices may change with 30 days' notice to existing customers.

5.2 Billing

• Subscriptions are billed monthly or annually in advance
• Payment is processed via Stripe or other approved payment processors
• Failed payments may result in service suspension
• No refunds for partial months or unused services

5.3 Free Trial

We may offer a 14-day free trial. At trial end, your payment method will be charged unless you cancel.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you create using Enydea. You grant us a license to process, store, and display your content to provide the Service.

6.2 AI-Generated Content

Content generated by AI models (images, videos, text) may not be unique. We do not guarantee ownership rights or commercial viability of AI-generated content. You are responsible for verifying you have appropriate rights before commercial use.

6.3 Our Intellectual Property

The Enydea platform, logo, features, and documentation are owned by XBMS B.V. and protected by copyright, trademark, and other intellectual property laws.

7. Data and Privacy

Our collection and use of personal data is governed by our Privacy Notice. By using the Service, you consent to such processing.

8. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect availability. We are not liable for service interruptions.

9. Termination

9.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

9.2 By Us

We may suspend or terminate your account for:

• Violation of these Terms
• Non-payment
• Illegal activity
• Extended account inactivity

We will provide 7 days' notice for termination (except for immediate suspension due to illegal activity or Terms violations).

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE LAST 12 MONTHS
• WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES (AI PROVIDERS, PAYMENT PROCESSORS)

11. Indemnification

You agree to indemnify and hold harmless XBMS B.V. from any claims, damages, or expenses arising from:

• Your use of the Service
• Your content or violations of these Terms
• Your violation of any third-party rights

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Netherlands.

12.2 Jurisdiction

Any disputes shall be resolved in the courts of Amsterdam, Netherlands.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email 30 days in advance. Continued use after changes take effect constitutes acceptance.

14. Contact

For questions about these Terms:

XBMS B.V.
Email: [email protected]
Address: Amsterdam, Netherlands
KvK: 82869022