Terms of Service

1. Definitions

• "Minimal" means Swift B.V., a Besloten Vennootschap incorporated in the Netherlands, with its principal place of business at Herengracht 471, 1017 BS Amsterdam.
• "User" means any individual or entity that registers for, accesses, or uses the Services.
• "Customer" means the organization or individual entering into the Contract for use of the Services.
• "Customer Data" means electronic data, content, or information submitted to the Services by or on behalf of Customer.
• "Output" means AI-generated content, analytics, reports, and other results generated by the Services from Customer Data.
• "Sub-processor" means a third-party provider engaged by Minimal to process Customer Data or personal data on our behalf.

2. Acceptance of Terms

By registering for, accessing, or using the Services, you confirm that you have read, understood, and agree to these Terms and the policies referenced in them. If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

3. Changes to Terms

Minimal may modify these Terms by posting an updated version on our website. We will provide notice of significant changes where practical. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of those changes.

4. User Accounts

• Account creation: You must provide accurate, current, and complete registration information and keep it up to date.
• Account security: Customer and its Users are responsible for account credentials and all activity under their accounts.
• Restrictions: You must not share credentials, create accounts using false information, or access the Services without permission.

5. Subscription and Fees

• Plans: Subscription Plans define the features, limits, and fees for Customer's use of the Services.
• Payment: Customer must pay all fees described in the applicable plan, order confirmation, or written agreement.
• Renewal: Subscription Plans may renew automatically unless cancelled according to the applicable terms.

6. Use of Services

Customers and Users must use the Services only in compliance with applicable law, these Terms, and any applicable acceptable use policy. You must not misuse the Services, attempt unauthorized access, transmit malicious code, or circumvent service limits.

7. Intellectual Property Rights

Customer owns Customer Data and Customer-created workflows, agents, and configurations, excluding the underlying Services. Customer grants Minimal a limited license to process Customer Data as needed to provide, secure, support, improve, and bill for the Services.

Minimal owns the Services, including the software, platform components, and related intellectual property. Feedback may be used by Minimal without restriction or obligation.

8. Confidentiality

Each party may receive confidential information from the other. The receiving party must use confidential information only to perform under the Contract, protect it using reasonable care, and not disclose it except as permitted by the Contract or required by law.

9. Data Protection and Privacy

Minimal processes Customer Data in accordance with applicable data protection laws, including the GDPR. More detail is available in our Data Protection Policy and Privacy Policy.

Minimal uses third-party providers and Sub-processors for cloud hosting and infrastructure, database and file storage, authentication, billing and payments, AI model processing, embeddings and retrieval, observability and tracing, security, customer communications, and customer-enabled integrations such as help desks, commerce platforms, shipping tools, returns tools, and payment systems. Our current public provider list is available on our Sub-processors page.

Customer is responsible for ensuring that Customer Data is collected and shared with Minimal lawfully, including by providing required notices and obtaining required consents.

10. AI-specific Provisions

The Services provide access to AI and language model capabilities that generate Output based on Customer Data, configuration, and instructions. Output may be incomplete, inaccurate, or inappropriate for a specific use case, and Customer is responsible for reviewing and using Output lawfully.

11. Term and Termination

These Terms remain in effect from first access until terminated. Either party may terminate for material breach that is not cured within thirty days after notice. Minimal may terminate immediately if the Services are used in violation of applicable law.

Upon termination, rights to use the Services cease. Minimal will delete or return Customer Data according to the Contract and applicable law, unless retention is legally required.

12. Disclaimer of Warranties

The Services are provided on an as-is and as-available basis. Minimal disclaims warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and error-free operation.

13. Limitation of Liability

To the maximum extent permitted by law, Minimal is not liable for indirect, incidental, special, consequential, or punitive damages. Minimal's total liability for claims related to the Services is limited to the amount paid by Customer to Minimal in the twelve months before the event giving rise to the claim.

14. Indemnification

Customer agrees to indemnify and hold Minimal harmless from claims, liabilities, damages, losses, and expenses arising from Customer's use of the Services, breach of these Terms, violation of law, or Customer Data submitted to the Services.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands. Legal proceedings related to these Terms or the Services must be brought exclusively in the courts located in Amsterdam, Netherlands.

16. Miscellaneous

These Terms, together with referenced policies, the applicable order confirmation, and any written agreement between the parties, form the entire agreement for the Services. If any provision is unenforceable, the remaining provisions remain in effect. Notices must be provided in writing.

For questions about these Terms, contact founders@gominimal.ai.