ModelTrace B.V. Terms of Service

Welcome to ModelTrace. These Terms of Service ("Terms") govern your use of the services provided by ModelTrace B.V. ("ModelTrace", "we", "us", "our"), located in the Netherlands. By accessing or using our analytics platform, APIs, or related services (collectively, the "Services"), you agree to these Terms. If you do not agree, do not use the Services.

1. Definitions

• ModelTrace B.V.: A Besloten Vennootschap incorporated in the Netherlands..
• Customer: An organization or individual subscribing to the Services.
• User: Any individual authorized by the Customer to access the Services.
• Customer Data: All content or data submitted by the Customer or its Users, including brand names, prompts, and URLs.
• Output: The AI-generated analytics and insights (e.g., brand mentions, hyperlinks, statistics) produced by the Services.
• Subscription Plan: The level of paid access selected by Customer.
• Confidential Information: Any non-public information exchanged under these Terms.

2. Acceptance of Terms

By using the Services, you accept these Terms and confirm you have authority to bind the Customer entity you represent. You also agree to the terms in our Privacy Policy.

3. Changes to Terms

We may update these Terms from time to time. Updates will take effect upon posting on our website. Continued use of the Services constitutes acceptance of the revised Terms.

4. Accounts and Access

• Account Registration: You must provide accurate and up-to-date information.
• Security: You're responsible for securing your login credentials and any activity under your account.
• Misuse: Do not impersonate others, share credentials, or create multiple accounts to bypass limits.

5. Subscription and Billing

• Plans & Fees: Subscription fees are outlined on our website or in your Order Confirmation. Fees are non-refundable unless required by law.
• Renewals: Subscriptions automatically renew unless cancelled before the end of the current period.
• Overages: If your usage exceeds your plan limits, we may request an upgrade or apply additional charges.

6. Fair and Lawful Use

By using the Services, you agree to:

• Use the Services only for lawful and ethical purposes.
• Not use the Services to generate or analyze content that is illegal, discriminatory, infringing, or harmful.
• Not reverse-engineer, decompile, or tamper with the platform or its integrations.
• Respect any API or usage limits applicable to your plan.

We reserve the right to suspend or terminate access if your usage is excessive, abusive, or violates these standards.

7. AI Disclosures and Customer Responsibility

• Output Use: ModelTrace uses third-party large language models (LLMs) to process your prompts. Output may contain inaccuracies and should be verified before use.
• No Guarantees: We do not guarantee the truthfulness, legality, or accuracy of generated content.
• Zero Retention: Where possible, we configure third-party LLMs with "zero data retention" settings. However, we do not control or audit external provider behavior.

8. Intellectual Property

• Your Data: You retain all rights to your submitted data. You grant ModelTrace a limited license to use it solely to provide the Services, maintain system integrity, and comply with applicable laws.
• Our Platform: We retain all rights in the ModelTrace platform, underlying software, analytics pipelines, and associated intellectual property.
• Feedback: You grant us a perpetual, royalty-free right to use any feedback you provide.

9. Confidentiality

Both parties agree to protect the confidentiality of information exchanged and only use it for the purpose of fulfilling these Terms.

Exceptions include:

• Public information
• Information already known to the recipient
• Lawfully disclosed by a third party
• Independently developed without use of the disclosed information

10. Data Protection and Privacy (GDPR)

• Compliance: We process personal data in accordance with the General Data Protection Regulation (GDPR) and Dutch privacy laws.
• Data Minimization: Do not submit unnecessary personal data or sensitive categories unless required for use of the Services.
• Your Role: You act as a Data Controller, and we are a Data Processor. You are responsible for ensuring the legality of data submitted to us, including obtaining any required consents.
• Deletion: You may request deletion of your data, and we will comply unless required to retain it by law.

More information is available in our Privacy Policy.

11. Termination

• By You: Cancel anytime via your account. Your access will continue until the end of the billing period.
• By Us: We may terminate for violation of these Terms, illegal use, or non-payment. We will provide notice if practical.
• Effect: Upon termination, your access ends. We may delete your data within 30 days unless retention is required by law.

12. Warranties and Disclaimers

• No Warranty for Free Plans: Free access is provided "as is" with no guarantees.
• Paid Plans: We warrant that the platform will function materially as described, and will make best efforts to resolve issues in a timely manner.

However, we do not warrant that:

• The output is accurate or complete
• The Services will be error-free or uninterrupted

13. Limitation of Liability

To the extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages (e.g., loss of data, revenue, or opportunities), even if ModelTrace B.V. has been advised of the possibility of such damages.
• Our total liability under these Terms is capped at the amount paid by you in the past 12 months.

14. Indemnification

You agree to indemnify ModelTrace B.V. from any claims, damages, or legal actions arising from:

• Your misuse of the Services
• Infringement of third-party rights via your use or submissions
• Any breach of these Terms

15. Governing Law and Jurisdiction

• These Terms are governed by Dutch law.
• Disputes will be resolved in the courts of Amsterdam, the Netherlands.

16. General

• These Terms are the entire agreement between you and ModelTrace B.V.
• If any provision is found unenforceable, the rest remains in effect.
• You may not assign your rights without our written consent; we may assign ours freely.

Contact Information

For questions about these Terms of Service, please contact us.