Terms of Service

Last updated: December 2024

1. Agreement to Terms

By accessing or using PROVITZ ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

PROVITZ provides an AI-powered SaaS platform offering tools for content generation, design, business automation, and development. Services are provided on a subscription basis using a token-based access system.

2.1 Service Features

  • AI text and image generation
  • Design tools (QR codes, graphics, branding)
  • Business automation (documents, email sequences)
  • Developer tools (API testing, code management)

3. Account Registration

3.1 Account Creation

  • You must be at least 16 years old to create an account
  • You must provide accurate and complete information
  • You are responsible for maintaining account security
  • You must not share your account credentials
  • One person or entity may not maintain multiple free accounts

3.2 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or abuse the Service.

4. Token System and Billing

4.1 Token Allocation

  • Free Plan: 100 tokens per month
  • Starter Plan: 500 tokens per month (€9)
  • Pro Plan: 2,000 tokens per month (€29)
  • Enterprise Plan: 10,000 tokens per month (€99)

4.2 Token Usage

  • Tokens are consumed when using AI-powered tools
  • Token costs vary by tool (5-200 tokens per use)
  • Unused tokens do NOT roll over to the next billing period
  • Token balances reset monthly on your billing date

4.3 Billing and Payments

  • Subscription fees are billed monthly in advance
  • All payments are processed securely via Stripe
  • Prices are in Euros (EUR) unless otherwise stated
  • You authorize recurring charges to your payment method
  • Failed payments may result in service suspension

4.4 Refunds and Cancellations

  • Free Trial: 14-day free trial on first paid subscription
  • Cancellation: You may cancel anytime; service continues until period end
  • Refunds: No refunds for partial months or unused tokens
  • Downgrades: Plan changes take effect at next billing cycle

5. Acceptable Use Policy

5.1 Prohibited Uses

You may NOT use the Service to:

  • Generate illegal, harmful, or fraudulent content
  • Create spam, phishing, or malicious materials
  • Violate intellectual property rights
  • Harass, defame, or harm others
  • Circumvent usage limits or security measures
  • Resell or redistribute generated content as your own service
  • Reverse engineer or attempt to extract AI models
  • Generate content that violates OpenAI's usage policies

5.2 Content Responsibility

  • You are solely responsible for content you generate
  • We do not monitor or review all generated content
  • You warrant you have rights to use any input data
  • You must comply with applicable laws and regulations

6. Intellectual Property

6.1 Platform Ownership

PROVITZ and its original content, features, and functionality are owned by PROVITZ B.V. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 User-Generated Content

  • You retain ownership of content you generate using our tools
  • You grant us a license to store and display your content to provide the Service
  • We do not use your content to train AI models or for other purposes
  • You are responsible for ensuring generated content doesn't infringe third-party rights

6.3 AI-Generated Content

Content generated by AI may not be eligible for copyright protection in some jurisdictions. You should verify the legal status of AI-generated content in your jurisdiction.

7. Service Availability

7.1 Uptime and Maintenance

  • We strive for 99.9% uptime but do not guarantee uninterrupted service
  • Scheduled maintenance will be announced in advance when possible
  • Emergency maintenance may occur without notice

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose
  • Accuracy, reliability, or completeness of AI-generated content
  • Uninterrupted or error-free operation
  • Freedom from viruses or harmful components

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVITZ SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages arising from use or inability to use the Service
  • Third-party claims related to your use of the Service

Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless PROVITZ, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you generate or upload

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

12. Third-Party Services

The Service uses third-party AI models (OpenAI) and services (Stripe, Clerk). Your use is subject to their respective terms:

  • OpenAI Usage Policies
  • Stripe Services Agreement
  • Clerk Terms of Service

13. Export and Sanctions Compliance

You represent that you are not:

  • Located in a country subject to US or EU embargo
  • Listed on any government prohibited or restricted party list
  • Using the Service for purposes prohibited by export laws

14. Governing Law and Disputes

14.1 Governing Law

These Terms shall be governed by the laws of the Netherlands, without regard to conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

  • Good faith negotiation between parties
  • Mediation (if negotiation fails)
  • Arbitration in Amsterdam, Netherlands (binding)

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or platform notification. Continued use after changes constitutes acceptance of new Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PROVITZ regarding the Service.

18. Contact Information

For questions about these Terms:

  • Email: legal@provitz.com
  • Address: PROVITZ B.V., Keizersgracht 555, 1017 DR Amsterdam, The Netherlands
  • Company Registration: 12345678 (Netherlands Chamber of Commerce)

By using PROVITZ, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.