Terms of Service

Last Updated: March 30, 2026
Effective Date: March 30, 2026

1. Acceptance of Terms

By accessing or using RFP.ai ("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.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and Dutchcode B.V., a company registered in the Netherlands ("Company", "we", "us", or "our").

2. Description of Service

RFP.ai provides an AI-powered platform for automating RFP (Request for Proposal), RFI (Request for Information), RFQ (Request for Quotation), and questionnaire responses.

The Service includes:

  • Document parsing and intake automation
  • Content management and template library
  • AI-generated responses with source citations
  • Compliance checking and validation
  • Collaboration and workflow management
  • Export capabilities (Word, PDF, PowerPoint)
  • Team collaboration features
  • Analytics and reporting

3. Account Registration

3.1 Registration Requirements

You must:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your information to keep it accurate
  • Be at least 16 years of age
  • Have the legal capacity to enter into these Terms

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Using strong passwords and protecting access to your devices and accounts

3.3 Organization Accounts

If you create an account on behalf of an organization:

  • You represent that you have authority to bind that organization
  • The organization will be bound by these Terms
  • You will be designated as the administrator with full control

4. Subscription and Payment

4.1 Billing

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are in Euros (€) unless otherwise stated
  • Fees are non-refundable except as required by law or stated in these Terms
  • Payment is processed securely through Stripe

4.2 Subscription Plans

We offer multiple subscription tiers and may update plan names, packaging, usage allocations, and feature sets over time.

  • Current plan details are described on our pricing page, checkout flow, or applicable order form
  • Some features may be available only on specific plans
  • Enterprise customers may receive custom commercial terms in a separate written agreement

4.3 Usage Limits

  • Your subscription may include usage limits, seat limits, feature restrictions, or included usage allocations as described in your selected plan or order form
  • Usage may be measured using one or more service metrics, such as processed pages, AI usage, storage, users, projects, or other limits described at the time of purchase
  • Exceeding limits may result in:
    • Additional charges or overage billing where described in your plan or order form
    • Service restrictions until upgrade
    • Account suspension for repeated violations

4.4 Automatic Renewal

  • Subscriptions automatically renew unless cancelled before the renewal date
  • You may cancel at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial billing periods

4.5 Price Changes

  • We may modify subscription fees with 30 days' advance notice
  • Notice will be sent via email and in-app notification
  • Continued use after the notice period constitutes acceptance
  • You may cancel before the price change takes effect

4.6 Taxes

  • Fees do not include applicable taxes
  • You are responsible for all taxes (VAT, sales tax, etc.)
  • If we must collect taxes, they will be added to your invoice

5. Acceptable Use

You agree NOT to:

5.1 Legal and Compliance

  • Use the Service for any illegal purpose or in violation of any laws
  • Violate any applicable regulations or industry standards
  • Infringe on intellectual property rights of others

5.2 Security and Integrity

  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the Service, servers, or networks
  • Circumvent any access restrictions or security measures
  • Conduct security testing without prior written permission

5.3 Misuse of Service

  • Scrape, mine, or extract data using automated means
  • Resell, lease, or provide access to third parties without permission
  • Use the Service to generate spam, phishing, or fraudulent content
  • Impersonate others or misrepresent your affiliation
  • Share account credentials with unauthorized users

5.4 Technical Restrictions

  • Reverse engineer or decompile any part of the Service
  • Attempt to extract source code or algorithms
  • Create derivative works based on the Service
  • Remove or obscure any proprietary notices

6. Intellectual Property

6.1 Your Content

  • You retain all ownership rights to content you upload ("Your Content")
  • You grant us a limited, worldwide license to use, store, and process Your Content solely to provide the Service
  • This license terminates when you delete Your Content or terminate your account
  • You represent that you have all necessary rights to upload Your Content
  • You are responsible for ensuring Your Content does not violate any laws or third-party rights

6.2 Our Intellectual Property

  • The Service, including its original content, features, functionality, design, and technology is owned by Dutchcode B.V.
  • Protected by international copyright, trademark, patent, and other intellectual property laws
  • Our trademarks and trade dress may not be used without prior written permission
  • These Terms do not grant you any rights to our intellectual property

6.3 AI-Generated Content and Ownership

  • Content generated by our AI becomes your property upon generation
  • You are solely responsible for reviewing, editing, validating, and ensuring compliance before use in any context
  • You assume all risks associated with the use of AI-generated content
  • We make no warranties about the accuracy, completeness, suitability, reliability, or fitness for purpose of AI-generated content
  • You indemnify us against any claims arising from your use, modification, or distribution of AI-generated content

6.4 Feedback

  • Any feedback, suggestions, or ideas you provide become our property
  • We may use feedback without obligation or compensation to you
  • Feedback does not create any confidential relationship

7. Data and Privacy

7.1 Data Processing

  • We process your data in accordance with our Privacy Policy and Data Processing Agreement
  • We comply with GDPR, CCPA, and other applicable data protection laws
  • We use hosting and service providers that may process data in the EU and, in limited cases, other jurisdictions subject to the safeguards described in our Privacy Policy and Data Processing Agreement

7.2 AI Training Policy

IMPORTANT: Your data is NEVER used to train our AI models or any third-party AI systems. All processing is isolated to your organization and performed on-demand via API calls.

7.3 Data Ownership and Portability

  • You own all data you upload and create in the Service
  • You may export your data at any time in standard formats (JSON, CSV, DOCX, PDF)
  • We provide data portability tools in your account settings

7.4 Data Retention

Upon termination:

  • Active data retained for 30 days to allow export
  • After 30 days, data is permanently deleted from production systems
  • Backups may persist up to 90 days for disaster recovery
  • You may request immediate deletion (subject to legal requirements)

8. Service Level and Availability

8.1 Availability

  • We work to keep the Service available and resilient
  • We do not guarantee uninterrupted or error-free access
  • Enterprise plans may include separate service commitments in writing

8.2 Scheduled Maintenance

  • We may perform scheduled maintenance with advance notice
  • Maintenance typically occurs during low-usage periods
  • Critical security updates may require immediate maintenance

8.3 Service Modifications

  • We may modify, suspend, or discontinue features with notice
  • Material changes to core functionality: 30 days notice
  • New features may be added without notice

9. AI Technology: Limitations, Risks, and User Responsibilities

IMPORTANT: This section contains critical information about the limitations of AI technology. By using the Service, you explicitly acknowledge and accept these limitations and risks.

9.1 Nature of AI Technology

The Service uses artificial intelligence (AI) and machine learning models to generate content. You acknowledge and understand that:

  • AI is probabilistic, not deterministic: AI models generate outputs based on statistical patterns and probabilities, not logical reasoning or factual verification
  • Hallucinations occur: AI may generate content that appears credible but is factually incorrect, fabricated, or nonsensical
  • Training data limitations: AI models are trained on historical data that may be outdated, incomplete, biased, or incorrect
  • Context misunderstanding: AI may misinterpret context, nuance, or specific requirements in your documents or queries
  • No fact-checking: The AI does not verify facts, check sources, or validate information against external databases
  • Inconsistency: AI may generate different outputs for identical inputs due to the probabilistic nature of the technology

9.2 Prohibited Critical Use Cases

You MUST NOT use AI-generated content without thorough human review and validation for:

  • Legal documents, contracts, or legal advice
  • Medical diagnoses, treatment recommendations, or health-related decisions
  • Financial advice, investment recommendations, or regulatory compliance documents
  • Safety-critical systems or applications where errors could result in harm
  • Automated decision-making affecting individuals' rights (employment, credit, etc.)
  • Regulatory filings or submissions requiring certified accuracy
  • Any use case where errors could result in:
    • Personal injury or death
    • Significant financial loss
    • Legal liability
    • Regulatory penalties
    • Reputational damage
    • Violation of laws or regulations

9.3 User Responsibilities and Mandatory Review

You acknowledge and agree that:

  • You are solely responsible for all content generated by the AI and any consequences of its use
  • You MUST review, verify, and validate all AI-generated content before use in any context
  • Human oversight is mandatory: AI-generated content requires expert human review appropriate to your industry and use case
  • You MUST fact-check: Verify all factual claims, statistics, dates, names, citations, and references
  • You assume all risk: Any reliance on AI-generated content is at your sole risk and discretion
  • You cannot delegate responsibility: Even if you employ others to review AI content, ultimate responsibility remains with you
  • Professional advice required: For specialized domains (legal, medical, financial, technical), you must consult qualified professionals

9.4 No Professional Advice or Services

The Service does NOT provide:

  • Legal advice, legal services, or attorney-client relationships
  • Medical advice, diagnoses, treatment plans, or medical services
  • Financial advice, investment recommendations, or financial planning services
  • Tax advice, accounting services, or regulatory compliance consulting
  • Engineering certifications or professional endorsements
  • Any form of professional services requiring licensure or certification

The AI does not replace:

  • Qualified attorneys, accountants, doctors, engineers, or other licensed professionals
  • Professional judgment, expertise, or industry-specific knowledge
  • Regulatory compliance reviews or audits
  • Quality assurance processes required by your industry

9.5 Known AI Limitations and Risks

You are explicitly warned that AI-generated content may:

  • Contain factual errors, omissions, or fabricated information
  • Include outdated information not reflecting current laws, regulations, or market conditions
  • Exhibit bias based on training data patterns
  • Misinterpret technical requirements or specifications
  • Generate content that violates intellectual property rights
  • Produce inconsistent or contradictory information across different generations
  • Fail to comply with industry-specific standards or regulations
  • Include inappropriate, offensive, or harmful content despite filtering measures
  • Omit critical information or safety warnings
  • Misrepresent your capabilities, products, or services

9.6 Compliance and Regulatory Responsibility

  • You are responsible for ensuring AI-generated content complies with all applicable laws, regulations, and industry standards
  • You must verify compliance with sector-specific regulations (GDPR, HIPAA, SOC 2, ISO standards, etc.)
  • Export control compliance: You are responsible for compliance with export control laws if using AI content internationally
  • Industry standards: You must ensure content meets your industry's professional and ethical standards
  • Third-party rights: You must ensure AI-generated content does not infringe on intellectual property, trademarks, or confidential information of others

9.7 No Liability for AI Decisions or Outputs

Under Dutch law (Article 6:162 Dutch Civil Code) and EU regulations:

  • We are NOT liable for decisions you make based on AI-generated content
  • We are NOT liable for errors, omissions, inaccuracies, or consequences arising from AI outputs
  • We are NOT liable for your failure to adequately review or validate AI content
  • We are NOT liable for losses resulting from reliance on AI-generated content
  • We are NOT liable for regulatory penalties or compliance failures related to AI content use

9.8 Indemnification for AI Content Use

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

  • Your use of AI-generated content in any business process, submission, or decision
  • Errors or inaccuracies in AI-generated content that you failed to identify or correct
  • Your reliance on AI-generated content without appropriate human review
  • Use of AI-generated content in prohibited critical use cases
  • Regulatory penalties or compliance violations related to AI content
  • Intellectual property claims arising from AI-generated content
  • Any third-party claims related to content you created using the Service

9.9 Continuous Evolution of AI Technology

You acknowledge that:

  • AI technology is rapidly evolving and limitations may change
  • We may update AI models, which may affect output quality or characteristics
  • No AI system is perfect, and all AI systems have inherent limitations
  • Industry best practices for AI use are still developing

9.10 Your Explicit Acknowledgment

By using the Service, you explicitly acknowledge that:

✓ You have read and understood all AI limitations described in this section
✓ You accept all risks associated with using AI-generated content
✓ You will implement appropriate human review and validation processes
✓ You will not use AI content for critical applications without expert verification
✓ You understand that we provide a technology tool, not professional services or advice
✓ You are solely responsible for all business decisions and content you create or publish

10. Limitation of Liability

IMPORTANT: This section limits our liability under Dutch law (Burgerlijk Wetboek Book 6) and EU regulations.

TO THE MAXIMUM EXTENT PERMITTED BY DUTCH LAW AND EU REGULATIONS:

10.1 Excluded Damages

Dutchcode B.V. and RFP.ai SHALL NOT BE LIABLE FOR ANY:

  • Indirect damages (indirecte schade): Including but not limited to consequential damages, follow-on losses, or derivative harm
  • Incidental or punitive damages: Penalties, fines, or exemplary damages
  • Economic losses: Loss of profits, revenues, business opportunities, contracts, or anticipated savings
  • Intangible losses: Loss of goodwill, reputation, data, or use of systems
  • AI-related damages: Including but not limited to:
    • Errors, omissions, inaccuracies, or fabrications in AI-generated content
    • Decisions made based on AI-generated content
    • Failure of AI to meet your specific requirements or expectations
    • Inconsistencies or contradictions in AI outputs
    • Bias, outdated information, or misleading content generated by AI
    • Regulatory penalties or compliance failures related to AI content use
    • Intellectual property infringement claims arising from AI-generated content
    • Loss of business or competitive advantage due to AI errors
  • Third-party damages: Damages resulting from third-party conduct, content, services, or integrations
  • Security incidents: Damages from unauthorized access, data breaches, or cyber attacks (except where caused by our gross negligence)
  • Service interruptions: Losses from downtime, service degradation, or unavailability
  • Data-related damages: Loss or corruption of data (unless caused by our willful misconduct)

10.2 Maximum Liability Cap

OUR TOTAL AGGREGATE LIABILITY for all claims arising from or related to these Terms or your use of the Service SHALL NOT EXCEED the GREATER of:

  • The total amounts paid by you to RFP.ai in the 12 months immediately preceding the claim, OR
  • €25,000 (twenty-five thousand euros)

Different liability caps may be agreed in a separate written order form, enterprise agreement, or service schedule.

This cap applies regardless of:

  • The legal theory of liability (contract, tort, negligence, strict liability, or otherwise)
  • Whether we were advised of the possibility of such damages
  • The number of claims made
  • Whether damages were foreseeable

10.3 Mandatory Exceptions Under Dutch Law

These limitations do NOT apply to liability that CANNOT be excluded under Dutch law, including:

  • Gross negligence (grove schuld) or willful misconduct (opzet) by Dutchcode B.V. or its management
  • Personal injury or death resulting from our negligence (Article 7:661 Dutch Civil Code)
  • Fraud (bedrog) or fraudulent misrepresentation
  • Consumer protection rights that cannot be waived under EU Directive 93/13/EEC (Unfair Terms in Consumer Contracts)
  • GDPR violations: Breaches of data protection obligations under GDPR (Article 82 GDPR) - subject to GDPR's own liability framework
  • Mandatory liability under Dutch consumer protection law (Book 6, Title 3, Section 3 Dutch Civil Code)
  • Any other liability that cannot be limited by law

10.4 Basis Under Dutch Law

These limitations are based on:

  • Article 6:96 Dutch Civil Code (limitation of damages)
  • Article 6:248 Dutch Civil Code (reasonableness and fairness)
  • Book 6, Title 1, Section 10 Dutch Civil Code (contractual liability limitations)
  • The principle that commercially reasonable limitations are enforceable between businesses

10.5 Consumer Protections (EU Law)

If you are a consumer (natural person acting outside trade, business, or profession):

  • Unfair limitations under EU Directive 93/13/EEC may be unenforceable
  • Consumer rights under your national implementation of EU directives apply
  • These limitations are subject to review for unfairness under local consumer law
  • Nothing in these Terms affects your statutory rights as a consumer

10.6 Allocation of Risk

These limitations reflect an agreed allocation of risk between you and Dutchcode B.V.:

  • Our subscription fees are set based on these limitations
  • You have the ability to review and validate all AI-generated content before use
  • You have ultimate control over how you use the Service and AI outputs
  • You can obtain insurance or take other measures to protect against AI-related risks

10.7 Time Limitation for Claims

Under Dutch law (Article 3:310 Dutch Civil Code), any claim must be brought:

  • Within the applicable statutory limitation period, OR
  • Within 1 year from the date you became aware (or reasonably should have become aware) of both the damage and the liable party

Failure to bring claims within this period may result in loss of rights.

11. Warranties Disclaimer

IMPORTANT: Under Dutch law (Article 6:74 and 7:17 Dutch Civil Code), we disclaim warranties to the extent permitted by law.

THE SERVICE IS PROVIDED "AS IS" ("IN DE HUIDIGE STAAT") AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

11.1 Disclaimer of All Warranties

To the maximum extent permitted by Dutch law and EU regulations, Dutchcode B.V. DISCLAIMS ALL WARRANTIES, including but not limited to:

Implied Warranties:

  • Merchantability (verkoopbaarheid): No warranty that the Service is suitable for commercial use
  • Fitness for a particular purpose (geschiktheid voor een bepaald doel): No warranty that the Service meets your specific needs or use case
  • Non-infringement: No warranty that the Service or AI-generated content does not violate third-party rights
  • Quality: No warranty regarding quality, accuracy, or reliability
  • Quiet enjoyment: No warranty of uninterrupted or secure access

Express Warranties:

  • We make NO express warranties beyond what is explicitly stated in these Terms
  • No oral or written statements by employees, agents, or representatives create warranties
  • Marketing materials, demonstrations, and examples are illustrative only and not warranties

11.2 Specific AI-Related Disclaimers

We specifically disclaim all warranties regarding AI technology:

Accuracy and Reliability:

  • NO warranty that AI-generated content is accurate, complete, current, or reliable
  • NO warranty that AI will produce correct, factual, or truthful outputs
  • NO warranty against AI hallucinations, fabrications, or errors
  • NO warranty that AI content complies with any laws, regulations, or standards

Performance and Availability:

  • NO warranty that AI features will be available, uninterrupted, or error-free
  • NO warranty regarding response times, processing speed, or throughput
  • NO warranty that AI models will not change or be updated
  • NO warranty that historical outputs can be reproduced

Suitability and Compliance:

  • NO warranty that the Service meets your industry's specific requirements
  • NO warranty of compliance with sector-specific regulations (legal, medical, financial, etc.)
  • NO warranty that AI content is suitable for any particular use case
  • NO warranty that AI outputs are free from bias, discrimination, or inappropriate content

Intellectual Property:

  • NO warranty that AI-generated content is original or non-infringing
  • NO warranty against third-party IP claims related to AI outputs
  • NO warranty that AI content does not violate copyrights, trademarks, or patents

11.3 Third-Party Services and Integrations

We disclaim all warranties regarding:

  • Third-party AI providers (including but not limited to Mistral AI)
  • Third-party services and integrations (OAuth providers, storage, etc.)
  • External links, content, or resources
  • API availability, compatibility, or functionality

11.4 Security and Data Protection

While we implement reasonable security measures, we make NO WARRANTY:

  • That the Service is completely secure or immune from cyber attacks
  • Against unauthorized access, data breaches, or security incidents
  • That security measures will prevent all vulnerabilities
  • Against malware, viruses, or harmful code introduced through third parties

11.5 Service Availability and Performance

We make NO WARRANTY:

  • Of specific uptime percentages (except as separately agreed in Enterprise SLAs)
  • That the Service will be available at any specific time
  • That scheduled maintenance will not disrupt your access
  • Against service degradation during peak usage
  • That the Service will function with your specific hardware, software, or network configuration

11.6 Data Integrity and Backups

We make NO WARRANTY:

  • That your data will not be lost, corrupted, or damaged
  • That our backups will be available or recoverable
  • Regarding the completeness or accuracy of backup data
  • That data export functions will preserve all formatting or metadata

11.7 Your Acknowledgments

By using the Service, you explicitly acknowledge and agree that:

✓ AI is imperfect: AI-generated content WILL contain errors and MUST be reviewed by qualified humans before use
✓ No substitution for expertise: The Service does NOT replace professional judgment, advice, or services
✓ Your responsibility: You are solely responsible for evaluating the Service's suitability for your needs
✓ Backup requirement: You must maintain independent backups of critical data
✓ External factors: Service availability may be affected by factors beyond our control (internet outages, infrastructure providers, cyber attacks, force majeure)
✓ No guarantees: We provide a technology tool with inherent limitations, not guaranteed outcomes
✓ Risk acceptance: You accept all risks associated with using AI technology in your business processes

11.8 Consumer Rights (EU Law)

For EU consumers: This disclaimer does not affect your statutory consumer rights under EU Directive 1999/44/EC (Sale of Consumer Goods) and its national implementations. If you are a consumer, you retain all mandatory rights that cannot be waived by contract under your local consumer protection laws.

11.9 Business Use Acknowledgment

If you are using the Service for business purposes (as most RFP.ai customers do), you acknowledge that:

  • This is a business-to-business (B2B) transaction
  • You have the expertise or will obtain professional advice to evaluate the Service
  • Warranty disclaimers are reasonable and customary for B2B software services
  • You accept the risks inherent in AI technology as part of your business operations

12. Indemnification

12.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Dutchcode B.V., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors ("Indemnified Parties") from and against any and all:

  • Claims, demands, and lawsuits (including third-party claims)
  • Damages, losses, liabilities, settlements, and judgments
  • Costs and expenses (including reasonable attorneys' fees, expert fees, and litigation costs)

Arising from, relating to, or in connection with:

12.2 General Indemnification Triggers

  • Your use or misuse of the Service: Including negligent, reckless, or unauthorized use
  • Your violation of these Terms: Any breach of obligations, representations, or warranties
  • Your violation of laws or regulations: Including but not limited to:
    • Data protection laws (GDPR, CCPA, etc.)
    • Intellectual property laws (copyright, trademark, patent)
    • Consumer protection regulations
    • Industry-specific regulations (financial, healthcare, legal services)
    • Export control and sanctions laws
    • Anti-corruption and anti-bribery laws
  • Your violation of third-party rights: Including:
    • Intellectual property infringement (copyright, patent, trademark, trade secret)
    • Privacy violations or unauthorized data disclosure
    • Defamation, libel, or slander
    • Breach of confidentiality or non-disclosure agreements
    • Misappropriation of trade secrets or proprietary information

12.3 AI-Specific Indemnification

You specifically indemnify the Indemnified Parties for claims arising from:

AI Content Use and Distribution:

  • Your use, publication, distribution, or reliance on AI-generated content
  • Decisions made based on AI-generated content (business decisions, contractual commitments, submissions to authorities)
  • Errors, omissions, inaccuracies, or fabrications in AI-generated content that you failed to identify, correct, or catch
  • Your failure to implement adequate human review and validation of AI content
  • Intellectual property infringement claims related to AI-generated content
  • Breach of confidentiality resulting from AI-generated content
  • Misrepresentations made using AI-generated content

Prohibited and High-Risk Uses:

  • Use of AI-generated content in prohibited critical applications (medical, legal, financial advice)
  • Use of AI content in regulated submissions without proper validation
  • Use of AI content in safety-critical applications
  • Automated decision-making affecting individuals' rights without human oversight
  • Use of AI content in ways that violate industry standards or professional ethics

Regulatory and Compliance Failures:

  • Regulatory penalties, fines, or sanctions resulting from your use of AI content
  • Compliance violations related to AI-generated content
  • Failures to meet industry-specific standards or certifications
  • Claims by regulatory authorities or government agencies

Downstream Liability:

  • Claims by your customers, clients, or end users related to AI-generated content
  • Product liability claims related to products, services, or documents containing AI content
  • Professional negligence or malpractice claims related to your use of the Service
  • Breach of contract claims from parties relying on AI-generated content you provided

12.4 Content and Data Indemnification

  • Your Content: Any claims that Your Content (documents, files, data you upload) infringes third-party rights or violates laws
  • User conduct: Actions by any user you authorize to access your account
  • Data breaches: Claims arising from your failure to adequately secure account credentials
  • Unauthorized disclosure: Your disclosure of confidential information through the Service

12.5 Defense and Settlement

When indemnification applies:

Our Rights:

  • We will notify you promptly of any claim
  • We reserve the right to assume exclusive defense and control of any matter subject to indemnification
  • You may not settle any claim without our prior written consent if the settlement:
    • Imposes obligations on us
    • Admits fault or liability on our behalf
    • Affects our intellectual property or reputation

Your Obligations:

  • You must cooperate fully in the defense (providing documents, testimony, access to information)
  • You must not make statements or take actions that prejudice the defense
  • You must not admit liability or fault without our consent
  • You will pay all settlements, judgments, and legal costs we incur

12.6 Immediate Indemnification

Some claims require immediate indemnification without waiting for judgment:

  • Government fines or penalties imposed on us due to your conduct
  • Cease-and-desist demands or injunctions related to your use of the Service
  • Intellectual property claims where infringement is apparent
  • Data protection authority sanctions related to your data processing

12.7 Survival

This indemnification obligation:

  • Survives termination or expiration of these Terms
  • Applies to claims arising from conduct during your use of the Service, even if the claim is made after termination
  • Remains in effect for the full statutory limitation period under applicable law

12.8 No Limitation

Your indemnification obligations are NOT subject to the liability limitations in Section 10:

  • You remain fully liable for indemnification even if it exceeds the liability cap
  • Indemnification covers the full amount of claims, damages, and expenses
  • This reflects the principle that you should bear the risk of your own conduct and content

12.9 Reasonable and Fair (Dutch Law - Article 6:248 BW)

Under Dutch contract law, these indemnification provisions are:

  • Reasonable: They allocate risk to the party best able to control it (you control how you use AI content)
  • Fair: You have the ability to review, validate, and reject AI-generated content before use
  • Commercially standard: Indemnification is customary in B2B software agreements
  • Balanced: Our liability is limited, but you indemnify for your own conduct and choices

13. Termination

13.1 Termination by You

  • You may cancel your subscription at any time via account settings
  • Cancellation takes effect at the end of the current billing period
  • You retain access until the end of paid period
  • No refunds for partial billing periods

13.2 Termination by Us

We may suspend or terminate your account immediately for:

  • Violation of these Terms or Acceptable Use Policy
  • Non-payment or fraudulent payment activity
  • Exceeding usage limits despite warnings
  • Conduct that harms or may harm the Service or other users
  • As required by law or legal process

13.3 Effect of Termination

Upon termination:

  • Your right to access the Service immediately ceases
  • We retain your data for 30 days for export purposes
  • After 30 days, all data is permanently deleted
  • You remain liable for all charges incurred prior to termination
  • Sections that by their nature should survive (warranties, liability, indemnification) continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 60 days.

14.2 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law provisions. Mandatory consumer protections and other non-waivable rights under applicable law remain unaffected.

14.3 Jurisdiction

Any disputes shall be resolved exclusively in the courts of Den Bosch, the Netherlands. You consent to the personal jurisdiction of these courts.

14.4 No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as part of a class, consolidated, or representative action.

15. Changes to Terms

15.1 Modifications

  • We reserve the right to modify these Terms at any time
  • Material changes will be notified via:
    • Email to your account address
    • In-app notification
    • Notice on our website

15.2 Notice Period

  • 30 days notice for material changes affecting rights or obligations
  • Immediate effect for:
    • Changes required by law
    • Security updates
    • Clarifications that do not affect substantive rights

15.3 Acceptance

  • Continued use after changes constitutes acceptance
  • If you do not agree, you must stop using the Service
  • You may terminate your account if you object to changes

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Dutchcode B.V. If there is a conflict between these Terms and the Data Processing Agreement on a data protection matter, the Data Processing Agreement controls for that matter.

16.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

16.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment

  • You may not assign these Terms without our written consent
  • We may assign these Terms in connection with a merger, acquisition, or sale of assets

16.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including:

  • Acts of God, natural disasters, fire, flood, or severe weather
  • War, terrorism, civil unrest, labor disputes, or government action
  • Utility failures, telecommunications outages, or internet backbone disruption
  • Failures or material degradation of hosting providers, cloud infrastructure, content delivery networks, payment processors, or other critical third-party service providers
  • Outages, suspension, or material degradation of third-party AI model providers or related APIs
  • Distributed denial-of-service attacks, widespread malicious cyber events, or other large-scale security incidents not caused by our gross negligence or willful misconduct

If a force majeure event continues for more than 90 consecutive days, either party may terminate the affected Service on written notice without liability for future performance obligations arising after termination.

16.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

16.7 Language

These Terms are provided in English. In case of conflict with translations, the English version prevails.

17. Contact Information

For questions, concerns, or notices regarding these Terms:

Dutchcode B.V.
Trading as RFP.ai
Litserstraat 20
5275 BV Den Dungen
The Netherlands

Email Contacts:

Website: https://rfp.ai

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