Terms of Service for GuusLab, ArtiFiles & Project Stride

Last updated: 12 May 2025

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and GuusLab (eenmanszaak) ("GuusLab", "we", "our" or "us"), registered with the Dutch Chamber of Commerce (KvK) under number 95954600.

GuusLab develops, maintains, and distributes the following products and platforms:

1. GuusLab – the core experimentation and creative‑technology environment;
2. ArtiFiles – an AI‑powered chat application featuring nested folder structures and advanced context retention for creative workflows;
3. Project Stride – a headless CMS built on a high‑performance Rust backend, enabling flexible content modelling and delivery.

Together, these offerings—including our websites, applications, APIs and related tools—are referred to as the "Service". By accessing or using any part of the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

• Account – an online account created by or for you to access the Service.
• Content – any data, text, graphics, photographs, video, audio, files, or other information posted, uploaded, stored or otherwise made available through the Service.
• User Content – Content that you or other Users submit to the Service.
• Intellectual Property Rights – patents, copyrights, trademarks, trade secrets and all other proprietary or industrial rights worldwide.

3. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) to use the Service. By using the Service, you represent and warrant that you satisfy this requirement and that you have not been previously suspended or removed from the Service.

4. Modification of Terms

We may revise these Terms at any time. We will post the updated Terms on the Service and indicate the "Last updated" date at the top. Material changes will take effect 30 days after posting. Your continued use of the Service after that constitutes acceptance of the revised Terms.

5. Account Registration and Security

You agree to (a) provide accurate, complete and current information when registering an Account, (b) keep that information updated, and (c) safeguard your login credentials. You are responsible for all activities that occur under your Account. Notify us immediately of any unauthorised use.

6. User Content

1. Ownership. You retain all rights in your User Content. Nothing in these Terms transfers ownership to GuusLab.
2. Licence to GuusLab. By submitting User Content, you grant GuusLab a worldwide, non‑exclusive, royalty‑free licence to host, store, display, reproduce, and modify the User Content solely as necessary to operate and improve the Service.
3. Warranties. You represent and warrant that (a) you own or have the rights to submit the User Content, (b) the User Content does not infringe third‑party rights or violate any law, and (c) the User Content complies with these Terms.
4. Notice‑and‑Takedown. If you believe content on the Service infringes your rights, send a detailed notice to [email protected]. We will investigate and, where appropriate, remove or disable the content and notify the alleged infringer so they may respond.
5. Removal. We may remove or block any User Content at our discretion if we believe it violates these Terms or applicable law.

7. Intellectual Property

The Service and all Content (other than User Content) are the property of GuusLab or its licensors and are protected by Dutch and international Intellectual Property Rights. Except as expressly allowed in these Terms, you may not copy, modify, distribute, reproduce or create derivative works from the Service or Content without prior written consent.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Upload or transmit Content that is illegal, harmful, defamatory, obscene, hateful, or otherwise objectionable;
• Infringe the rights of others, including privacy and Intellectual Property Rights;
• Engage in harassment, spamming, phishing or impersonation;
• Interfere with or disrupt the Service, servers or networks;
• Use any automated means (e.g., bots, scrapers) to access the Service without our prior written permission.

9. Fees and Payments

Certain features of the Service are offered on a subscription basis ("Subscription Plans").

• Pricing & Taxes. Fees are displayed before purchase and are in euros (€). VAT is charged at the applicable rate under Dutch and EU law.
• Payment Provider. Payments are processed by our provider Stripe; you must comply with Stripe's terms and any authentication requirements.
• Auto‑Renewal. Your Subscription Plan automatically renews at the end of each billing cycle unless you cancel beforehand. We will give at least 30 days' notice of any price increase; if you do not agree, you may cancel before the new price takes effect.
• Cancellation & Refunds. You may cancel a Subscription Plan at any time from your Account settings. Cancelled plans remain active until the end of the current period. Fees are non‑refundable except as required by law or as explicitly stated in these Terms.

10. Right of Withdrawal for EU Consumers

If you are an EU consumer, you have a legal right to withdraw from online contracts for digital services within 14 days of purchase unless you (a) requested immediate access to the Service and (b) acknowledged that you lose the withdrawal right once performance has begun. You can exercise this right by sending the withdrawal form available [here] or by contacting [email protected]. If eligible, we will refund your payment within 14 days via the original payment method.

11. Third‑Party Links and Services

The Service may include links to or integrate third‑party websites or services. We do not endorse or assume responsibility for them. Your use of third‑party services is at your own risk and subject to their terms.

12. Privacy and Data Protection

We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable laws, as detailed in our Privacy Policy. For the use of the Service, our Data Processing Agreement (DPA) may apply.

13. Confidentiality

Any non‑public information disclosed by GuusLab that is designated confidential, or that reasonably should be understood as confidential, may not be disclosed or used except as permitted in writing by GuusLab.

14. Force Majeure

GuusLab is not liable for any failure or delay in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, strikes, internet outages, acts of government, or war.

15. Disclaimers

The Service and all Content are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, GuusLab disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant that the Service will be uninterrupted, secure or error‑free.

16. Limitation of Liability

To the maximum extent permitted by law, GuusLab, its directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenues, data or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising out of the Service is limited to the greater of (a) €100 or (b) the amount you paid GuusLab in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be excluded under mandatory law.

17. Indemnification

You agree to indemnify and hold harmless GuusLab and its affiliates from any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your (a) use of the Service, (b) User Content, or (c) breach of these Terms.

18. Export & Sanctions Compliance

You may not use the Service in violation of EU, UK, US or other applicable export‑control or economic‑sanctions laws. You represent that you are not located in, or a resident of, a country or region subject to a comprehensive embargo, and that you are not on any sanctions list.

19. Governing Law and Jurisdiction

These Terms, and any dispute arising out of or in connection with them, are governed by Dutch law. The competent courts of Amsterdam, the Netherlands, have exclusive jurisdiction, unless mandatory consumer‑protection rules provide otherwise.

20. Dispute Resolution for EU Consumers

If you are an EU consumer, you may submit disputes for online resolution to the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

21. Non‑Waiver of Mandatory Consumer Rights

Nothing in these Terms limits or excludes any rights you have under mandatory consumer‑protection laws. To the extent of any conflict, those laws prevail.

22. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

23. Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

24. Entire Agreement

These Terms, together with our Privacy Notice, any Additional Terms, and (where executed) our Data Processing Agreement, constitute the entire agreement between you and GuusLab and supersede all prior agreements.

25. Contact Information