Welcome to DeltaBase commV] (“Company,” “we,” “us,” or “our”), a company incorporated under the laws of Belgium. These Terms of Use (“Terms”) govern your access to and use of our AI-powered Software-as-a-Service platform, including our website, APIs, tools, and associated documentation (collectively, the “Service”).
Please read these Terms carefully before using the Service. By accessing or using the Service, or by clicking “I Agree”, you enter into a legally binding agreement with us and agree to be bound by these Terms, our Privacy Policy, and our Data Processing Addendum (DPA). If you do not agree to these Terms, you may not access or use the Service.
01Definitions and Scope
- Customer / User: Any legal entity or natural person acting for professional purposes (B2B) who registers an account to use the Service.
- Input: Any datasets, prompts, text, code, or media uploaded or transmitted to the Service by the User.
- Output: The results, generated texts, code, insights, predictions, graphics, or media produced by the Service’s AI models based on the User's Input.
02Account Registration and Security
- Eligibility: The Service is strictly intended for business-to-business (B2B) use. You represent that you are acting within your professional, entrepreneurial, or corporate capacity.
- Security: You are entirely liable for protecting your account credentials. All activities occurring under your credentials—including automated API tokens or integrations—remain your sole legal responsibility. You must notify us immediately at support@reps.be of any unauthorized access.
03Intellectual Property and AI Data Governance
- Platform IP: The Company and its licensors retain all right, title, and interest in the Service, including its user interfaces, underlying algorithms, foundational models, model weights, custom fine-tunings, and documentation.
- Ownership of Input: The User retains all ownership and intellectual property rights in and to their Input.
- Rights to Output: Subject to your full compliance with these Terms and payment of all applicable subscription fees, the Company hereby assigns to you all its right, title, and interest (if any) in and to the Output. You acknowledge that due to the probabilistic nature of machine learning, Output may not be unique, and the Service may generate the same or similar output for other users.
- AI Model Training (Data Privacy Compliance):
- Standard Account Tier: Unless explicitly agreed otherwise or opted-out via your dashboard settings, you grant the Company a limited, anonymized, royalty-free license to use Input and Output strictly to evaluate, improve, and optimize our infrastructure and AI models.
- Enterprise/Paid Tiers: The Company guarantees that Inputs and Outputs processed within paid commercial tiers are hosted securely, treated as confidential, and never utilized to train, fine-tune, or improve any foundational or public artificial intelligence models without your prior, explicit written consent.
04Acceptable Use and AI Restrictions (EU AI Act Compliance)
You agree to use the Service strictly in accordance with applicable laws, including the EU AI Act (Regulation (EU) 2024/1689). You are strictly prohibited from using the Service to:
- Develop, reverse-engineer, extract, or optimize competing machine learning models, foundational models, or large language models (LLMs) via systemic data harvesting, model distillation, or scraping of Outputs.
- Deploy the Service for any application classified as an "unacceptable risk" under the EU AI Act, including but not limited to unauthorized real-time biometric identification, subliminal manipulation, or social scoring systems.
- Generate or disseminate illegal, defamatory, or harmful content, including non-consensual synthetic media ("deepfakes") or coordinated misinformation campaigns.
- Transparency Mandate: If you use the Service to generate content or operate automated agents interacting with consumers (e.g., consumer-facing customer service AI agents), you are solely responsible for clearly disclosing to those end-users that they are interacting with an artificial intelligence system, as required by Article 52 of the EU AI Act.
05Disclaimers, "Hallucinations", and Human-in-the-Loop
- Probabilistic Nature: YOU ACKNOWLEDGE AND AGREE THAT ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING SYSTEMS ARE INHERENTLY PROBABILISTIC. THE SERVICE MAY OCCASIONALLY GENERATE INACCURATE, INCOMPLETE, BIASED, OR FECTUALLY INCORRECT OUTPUTS (COMMON-PLACE "HALLUCINATIONS").
- As-Is Delivery: THE SERVICE AND ALL OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR LEGAL COMPLETENESS OF THE OUTPUTS.
- Human Verification: THE USER IS SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND VALIDATING THE ACCURACY AND APPROPRIATENESS OF ANY OUTPUT BEFORE RELYING ON IT, PUBLISHING IT, OR COMMERCIALLY DEPLOYING IT. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISNG FROM DIRECT DEPENDENCY ON AUTOMATED AI OUTPUTS.
06Limitation of Liability (Belgian B2B Law Compliance)
- Liability Cap: To the maximum extent permitted by the Belgian Code of Economic Law (WER/CDE) governing unfair contract terms between enterprises, the Company’s total aggregate liability for any claims arising out of or related to these Terms or the Service shall be limited to the total fees paid by the User to the Company during the twelve (12) months immediately preceding the event giving rise to liability.
- Exclusion of Damages: In no event shall the Company be liable for any indirect, incidental, or consequential damages, including loss of profits, loss of anticipated savings, operational downtime, or loss/corruption of enterprise data.
- Exceptions: Nothing in these Terms limits or excludes the Company's liability for its own intentional fraud, willful misconduct, or gross negligence, or that of its employees or agents.
07Fees, Subscription, and Indexation
- Billing: The Service is billed on a recurring subscription basis. Prices listed are in Euros (€) and are exclusive of Belgian Value Added Tax (BTW/TVA).
- Economic Indexation: Given the Belgian economic framework, the Company reserves the right to adjust subscription fees annually on the anniversary of the contract. This adjustment will be calculated based on the official Agoria Index (for the Belgian digital/technology sector) or the consumer price index, with a mandatory 30-day prior written notice provided to the User.
08Suspension and Termination
We reserve the right to temporarily suspend your access to the Service or terminate your account immediately, without prior judicial intervention, if:
- You violate any provision of these Terms or fail to meet payment deadlines after receiving a formal notice.
- Your platform usage violates EU data protection rules (GDPR) or the EU AI Act.
- Your usage volume threatens the security, stability, or integrity of our underlying server infrastructure.
09Governing Law and Competent Courts
- Governing Law: These Terms, and all contractual or non-contractual obligations arising from them, shall be exclusively governed by and construed in accordance with the laws of Belgium.
- Jurisdiction: Any dispute, controversy, or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the judicial district where the Company’s registered legal seat is located (e.g., the Enterprise Court / Ondernemingsrechtbank of Ghent).