Terms of Service

1. INTRODUCTION

1.1 Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of Abundly AI AB's AI Agent platform, including any associated websites, applications, APIs, and services (collectively, the "Platform"). By registering for, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes through the Platform or by sending you an email. Your continued use of the Platform following such notification constitutes your acceptance of the modified Terms.

1.3 Definitions

  • "User," "you," and "your" refer to individuals or entities accessing or using the Platform.
  • "Company," "we," "us," and "our" refer to Abundly AI AB, a company established under the laws of Sweden.
  • "Content" refers to any text, data, information, images, audio, video, or other materials.
  • "AI Agent" refers to any automated system, algorithm, or artificial intelligence functionality provided through the Platform.

1.4 Governing Law

These Terms are governed by the laws of Sweden and European Union regulations where applicable. By using the Platform, you agree to submit to the jurisdiction of the courts in Sweden for any disputes arising from these Terms or your use of the Platform.

2. ACCOUNT REGISTRATION AND SECURITY

2.1 Account Creation

To use all features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

2.3 Age Restrictions

The Platform is not intended for use by individuals under the age of 18 (or the applicable age of majority in your jurisdiction). By using the Platform, you represent and warrant that you meet this age requirement.

3. PLATFORM USAGE AND RESTRICTIONS

3.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your internal business or personal purposes.

3.2 Usage Limitations

You agree not to:

  • Use the Platform in any way that violates applicable laws or regulations
  • Use the Platform to infringe or violate anyone's rights
  • Attempt to bypass or circumvent measures used to prevent or restrict access to the Platform
  • Attempt to reverse engineer, decompile, or disassemble any portion of the Platform
  • Use the Platform in a manner that could damage, disable, overburden, or impair it
  • Use automated scripts to collect information from or interact with the Platform
  • Use the Platform to generate, upload, or share illegal, harmful, fraudulent, or deceptive content

3.3 API Usage and Rate Limits

If you use our APIs, you agree to comply with any rate limits and other technical specifications or guidelines we provide. We reserve the right to throttle or block API access that negatively impacts Platform performance.

4. THIRD-PARTY INTEGRATIONS

4.1 Third-Party Services

The Platform may integrate with or allow you to connect to third-party services, applications, or websites ("Third-Party Services"). We do not control Third-Party Services, and your use of Third-Party Services is governed by their respective terms of service and privacy policies.

4.2 Third-Party Authorization

By enabling Third-Party Services within the Platform, you authorize us to exchange information with these services as necessary to provide the integrated functionality.

4.3 Disclaimer of Liability

We are not responsible for any Third-Party Services, their availability, or any changes they may make to their services. Your use of any Third-Party Services is at your own risk.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Platform Ownership

The Platform, including all intellectual property rights in and to the Platform and its content (excluding User Content), belongs to us or our licensors. Nothing in these Terms transfers any such rights to you.

5.2 User Content

You retain ownership of any content you upload, submit, or create through the Platform ("User Content"). We do not claim any ownership rights in your User Content and will not use your User Content except as necessary to provide the Platform services to you. You are solely responsible for ensuring that your User Content does not violate any applicable laws or third-party rights.

5.3 Feedback

If you provide feedback, ideas, or suggestions regarding the Platform ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the Feedback without any obligation to compensate you.

6. AI AND GENERATED CONTENT

6.1 AI Usage

The Platform provides access to various AI technologies and services. Your use of these technologies is subject to these Terms and any applicable third-party terms.

6.2 Generated Content

Content generated through the Platform ("Generated Content") may be subject to intellectual property rights. You are responsible for ensuring that your use of Generated Content complies with applicable laws and does not infringe on any third-party rights.

6.3 Confidentiality of Content

We recognize that content generated through our Platform may include confidential information or business secrets. We do not claim ownership of such content and will not access, use, or disclose it except as necessary to provide the services or as required by law.

6.4 Prompt Intellectual Property

6.4.1 User-Created Prompts

You retain all rights to prompts that you create. However, by using such prompts on our Platform, you grant us a limited license to process and use these prompts solely to provide you with the requested services.

6.4.2 Platform Prompts

Prompts provided by us as part of the Platform, including pre-built templates, example prompts, or prompt structures, remain our intellectual property. You may use these prompts while using the Platform but may not extract or repurpose collections of these prompts for use outside the Platform.

6.5 Content Restrictions

You agree not to use the Platform to generate content that is:

  • Illegal under applicable laws
  • Harmful, abusive, or promotes violence
  • Fraudulent or deceptive
  • Infringing on intellectual property rights
  • Violating the privacy or rights of others
  • Discriminatory based on protected characteristics

7. DATA PRIVACY AND SECURITY

7.1 Privacy Policy

Our Privacy Policy is available at /privacy and is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect your personal information when you use our Platform.

7.2 Data Processing

We may collect and process data you provide or generate through your use of the Platform to provide, maintain, and improve our services.

7.3 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.

7.4 Data Retention

7.4.1 Account Data

We retain your account data for as long as your account remains active. If you delete your account, we will delete or anonymize your account data within 30 days, unless:

  • We are required to retain it to comply with applicable laws
  • We need to retain it to evidence our compliance with applicable laws
  • There are outstanding fees associated with your account
  • We are investigating potential violations of our Terms

7.4.2 User Content and Generated Content

We will retain User Content and Generated Content only for the duration necessary to provide the services you requested. Unless required by law, we will delete User Content within 14 days after:

  • You delete the specific content
  • You delete your account
  • Your subscription terminates

7.4.3 Data Processing Agreement

If you are subject to GDPR or other data protection laws requiring a Data Processing Agreement, our standard DPA is available at app.abundly.ai/legal/dpa. The DPA will automatically form part of these Terms when required by applicable law or when you indicate during registration that you need a DPA for GDPR compliance. Enterprise customers may request a custom DPA by contacting support@abundly.ai.

7.4.4 Log Data and Usage Information

We may retain log data and anonymized usage information for up to 90 days for security, troubleshooting, and analytics purposes.

7.4.5 Enterprise Data Retention

Enterprise customers may negotiate different data retention periods in their Enterprise Agreement.

7.5 GDPR Compliance

For users in the European Economic Area (EEA) or where GDPR applies:

7.5.1 Data Controller and Processor Roles

When you use our Platform to process personal data:

  • You are the "Data Controller" for any personal data you upload or process through the Platform.
  • We are the "Data Processor" processing such data on your behalf.
  • For personal data we collect about you as a user (login data, billing information), we act as the Data Controller.

7.5.2 Processing Authorization

By using the Platform, you instruct us to process personal data on your behalf according to these Terms. You warrant that you have the right to provide such instructions.

7.5.3 Data Processing Agreement

If required by applicable law, we will enter into a separate Data Processing Agreement (DPA) with you. In the absence of a separate agreement, these Terms shall serve as your instructions for processing.

7.5.4 Data Subject Rights

We will assist you, to the extent reasonably possible, in responding to verified requests from data subjects exercising their rights under GDPR (access, rectification, erasure, restriction, portability, objection).

7.5.5 International Data Transfers

If we transfer personal data outside the EEA, we will ensure appropriate safeguards are in place in accordance with GDPR requirements, which may include Standard Contractual Clauses, adequacy decisions, or other legally approved mechanisms.

7.5.6 Data Breach Notification

We will notify you without undue delay upon becoming aware of a personal data breach affecting your data. We will provide reasonable information and cooperation to assist you in fulfilling your data breach reporting obligations.

7.6 Compliance with Other Data Protection Laws

Both parties agree to comply with applicable data protection laws including but not limited to CCPA, CPRA, and other privacy laws. If you use the Platform to process personal data subject to such regulations, you are responsible for ensuring that your use complies with these laws.

8. SUBSCRIPTION AND PAYMENT

8.1 Subscription Plans

The Platform may offer various subscription plans with different features and pricing. By selecting a paid plan, you agree to pay all fees associated with that plan.

8.2 Account Tiers and Limitations

The Platform may offer different account tiers (e.g., Basic, Pro, Enterprise) with varying features, usage limits, and pricing. Each tier may have specific limitations regarding, including but not limited to:

  • Number of users or seats
  • Volume of operations or API calls
  • Available features and functionalities
  • Storage capacity
  • Support level

Detailed descriptions of each tier's limitations are specified on our pricing page. We reserve the right to modify these limitations with reasonable notice.

8.3 Payment Terms

Payments are due in advance and may be recurring based on your selected plan. By providing payment information, you authorize us to charge you for the applicable fees using your designated payment method. All payments must be made in the currency specified during the subscription process.

8.4 Enterprise Customers

8.4.1 Enterprise Agreements

Enterprise customers may be subject to additional or different terms as specified in a separate Enterprise Agreement. In case of conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement will prevail.

8.4.2 Custom Pricing and Services

Enterprise customers may receive custom pricing, service level agreements (SLAs), extended support options, and other specialized services as detailed in their Enterprise Agreement.

8.4.3 Volume Licensing

Enterprise customers may have access to volume licensing options, with pricing tiers based on number of users, API calls, or other usage metrics as specified in their Enterprise Agreement.

8.5 Refunds

Unless required by law, all fees are non-refundable. Specific refund policies, if any, will be detailed on our pricing page or in your Enterprise Agreement.

8.6 Changes to Fees

We reserve the right to change our fees at any time. We will notify you of any fee changes before they become effective. Your continued use of the Platform after the fee change becomes effective constitutes your agreement to pay the updated fees. For Enterprise customers, fee changes will be governed by the terms of your Enterprise Agreement.

8.7 Taxes

All fees are exclusive of taxes unless stated otherwise. You are responsible for paying all applicable taxes, including sales, use, VAT, or similar taxes. For EU customers, VAT will be added according to applicable rates in your country of residence.

9. TERM AND TERMINATION

9.1 Term

These Terms will remain in effect until terminated by either you or us.

9.2 Termination by You

You may terminate these Terms at any time by canceling your account and ceasing all use of the Platform, subject to the following:

9.2.1 Notice Period

  • For monthly subscriptions: You must provide notice of termination at least 14 days before the end of your current billing cycle.
  • For annual subscriptions: You must provide notice of termination at least 30 days before the end of your current annual term.
  • For enterprise customers: Notice periods will be governed by the terms of your Enterprise Agreement.

If you terminate without the required notice period, you may be charged for the next billing cycle or a portion thereof.

9.2.2 Termination Process

To terminate your account, you must follow the cancellation process available in your account settings or by contacting our support team at support@abundly.ai.

9.2.3 Effect on Billing

  • For monthly subscriptions: Termination will take effect at the end of the current billing cycle.
  • For annual subscriptions: Termination will take effect at the end of the current annual term. No partial refunds will be provided unless required by law.
  • For enterprise customers: Termination will be governed by the terms of your Enterprise Agreement.

9.3 Termination by Us

We may suspend or terminate your access to the Platform at any time for any reason, including if:

  • You violate these Terms
  • You use the Platform in a manner that creates risk or potential legal exposure for us
  • Your use of the Platform could harm other users
  • We are required to do so by law

9.4 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. The following provisions shall survive termination:

  • Section 5 (Intellectual Property Rights)
  • Section 6.3 (Confidentiality of Content)
  • Section 7.4 (Data Retention)
  • Section 10 (Disclaimers and Limitations of Liability)
  • Section 11 (Indemnification)
  • Section 12 (Dispute Resolution)

Upon termination:

  • We will follow the data retention policies in Section 7.4
  • You remain responsible for all fees incurred before termination
  • You remain liable for any breach of these Terms occurring before termination

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components.

10.2 AI-Specific Disclaimers

AI models may produce inaccurate, incomplete, or inappropriate content. We do not guarantee the accuracy, reliability, or appropriateness of generated content. You are responsible for evaluating and validating any content generated by or through the Platform.

10.3 Limitation of Liability

To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your access to or use of or inability to access or use the Platform
  • Any conduct or content of any third party on the Platform
  • Any content obtained from or through the Platform
  • Unauthorized access, use, or alteration of your content or transmissions

10.4 Cap on Liability

In no event shall our aggregate liability for all claims relating to the Platform exceed the greater of: (a) the amount paid by you to us for the Platform in the 12 months preceding the event giving rise to the liability, or (b) 100 USD.

11. USER REPRESENTATIONS AND WARRANTIES

11.1 User Representations

By using the Platform, you represent and warrant that:

11.1.1 Legal Capacity

You have the legal capacity and authority to enter into these Terms and to use the Platform in accordance with these Terms.

11.1.2 Accurate Information

All information you provide in connection with your account registration and use of the Platform is true, accurate, current, and complete.

11.1.3 Compliance with Laws

Your use of the Platform complies with all applicable laws, regulations, and third-party rights. This includes, without limitation and by way of example only, data protection laws, intellectual property laws, export control laws, and regulations prohibiting discriminatory or harassing conduct.

11.1.4 Rights to Content

You have all necessary rights, licenses, consents, and permissions to upload, submit, or process any content through the Platform, and your use of such content does not violate any third-party rights.

11.1.5 No Harmful Use

You will not use the Platform to transmit viruses, malware, or other harmful computer code, or to engage in activities that could disable, overburden, damage, or impair the Platform.

11.2 Disclaimer of User Warranties

If you are using the Platform as a consumer under EU consumer protection law, nothing in these Terms limits or excludes your mandatory statutory rights that cannot be limited or excluded by contract.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of the Platform
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your breach of the representations and warranties in Section 11

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.2 EU Consumer Rights

If you are a consumer habitually resident in the European Union, you additionally enjoy the protection of mandatory provisions of the consumer protection law of your country of residence.

13.3 Dispute Resolution Process

Any dispute arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be finally resolved by binding arbitration in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

13.4 Arbitration Location

The arbitration shall take place in Stockholm, Sweden, and may be conducted telephonically or online if mutually agreed.

13.5 Class Action Waiver

Any arbitration shall be conducted on an individual basis. You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive relief in any court of competent jurisdiction, and we may seek a judgment confirming the arbitration award in any court having jurisdiction.

14. COMPLIANCE WITH LAWS

14.1 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the export regulations maintained by relevant authorities in your jurisdiction and the European Union.

14.2 Anti-Corruption

You agree not to use the Platform in violation of applicable anti-corruption laws, including but not limited to the EU Anti-Corruption Laws and the Swedish Anti-Corruption legislation.

14.3 AI-Specific Regulations

You agree to comply with any applicable laws or regulations governing the use of AI systems, including any laws related to algorithmic transparency, automated decision-making, or AI ethics.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with any additional terms to which you agree when using specific features, constitute the entire agreement between you and us regarding the Platform.

15.2 Severability

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

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

We may provide notices to you via email, through the Platform, or by other means. You agree that such notices will be considered received within 24 hours of our sending them. You may provide notices to us by contacting us at support@abundly.ai.

16. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@abundly.ai