Terms of Service

Last updated: April 19, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by GBrutus Power ("Company," "we," "us," or "our"), including our website, AI assistant platform, and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Agreement to Terms

By accessing or using our Services, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

If you do not agree with any part of these Terms, you must not access or use our Services.

2. Description of Services

GBrutus Power provides AI-powered chatbot and virtual assistant services for businesses, including but not limited to:

• Setup and configuration of AI assistants customised to your business.
• Ongoing management, optimisation, and maintenance of your AI assistant.
• Analytics and reporting on chatbot interactions.
• Integration with your website, social media, and messaging platforms.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.

3. Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your login credentials confidential and not share them with third parties.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe to be compromised.

4. Fees and Payment

Fees for our Services are as described on our pricing page or as agreed in a separate order form. Unless otherwise specified:

• Subscription fees are billed monthly in advance.
• One-time setup fees are due upon commencement of services.
• All fees are quoted in euros (EUR) and are exclusive of applicable taxes.
• Payments are processed through our third-party payment processor.

We may change our fees upon 30 days' written notice. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect.

5. Your Content and Data

You retain all ownership rights to the content and data you provide to us ("Your Content"), including menus, FAQs, business information, and branding materials. By providing Your Content, you grant us a limited, non-exclusive licence to use, reproduce, and display it solely for the purpose of delivering the Services.

You are solely responsible for ensuring that Your Content does not violate any third-party rights or applicable laws. We do not monitor or endorse Your Content, but we reserve the right to remove content that violates these Terms.

6. Intellectual Property

All intellectual property rights in the Services — including our software, AI models, algorithms, website design, branding, documentation, and any improvements — remain the exclusive property of GBrutus Power. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as permitted herein.

You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works based on our Services or any part thereof.

7. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit harmful, threatening, abusive, defamatory, or otherwise objectionable content.
• Distribute spam, phishing messages, or unsolicited communications through the AI assistant.
• Attempt to gain unauthorised access to our systems, networks, or other users' accounts.
• Use the Services for any illegal, fraudulent, or deceptive purpose.
• Interfere with or disrupt the integrity or performance of the Services.
• Resell, sublicence, or provide access to the Services to third parties without our written consent.

8. Service Level and Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with reasonable advance notice. We are not liable for any downtime, data loss, or interruption caused by factors beyond our reasonable control.

9. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms ("Confidential Information"). Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

10. Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). Where we process personal data on your behalf, we act as a data processor and will enter into a data processing agreement upon request.

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill.
• We are not liable for any actions, responses, or errors made by the AI assistant, including incorrect information provided to your customers.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless GBrutus Power and its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of:

• Your use of the Services in violation of these Terms.
• Your Content or any data you provide through the Services.
• Your violation of any applicable law or third-party rights.

13. Term and Termination

These Terms commence when you first access or use the Services and continue until terminated.

• Termination by you: you may cancel your subscription at any time with 30 days' written notice. Cancellation takes effect at the end of the current billing period.
• Termination by us: we may suspend or terminate your access immediately if you breach these Terms, fail to pay fees when due, or if we reasonably believe your use poses a risk to our Services or other users.
• Effect of termination: upon termination, your right to use the Services ceases. We will make your data available for export for 30 days after termination, after which it may be deleted.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be resolved as follows:

• Negotiation: the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
• Arbitration: if negotiation fails, the dispute shall be finally settled by binding arbitration administered in Amsterdam, Netherlands. The arbitration shall be conducted by 1 arbitrator, in the English language, in accordance with the rules of the Netherlands Arbitration Institute (NAI).
• Injunctive relief: nothing in this section prevents either party from seeking injunctive or other equitable relief from the competent courts of Amsterdam to protect its intellectual property rights or confidential information.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of Amsterdam, Netherlands.

16. Modifications to Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

17. General Provisions

• Entire agreement: these Terms, together with any order forms and our Privacy Policy, constitute the entire agreement between you and GBrutus Power regarding the Services.
• Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: you may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: neither party shall be liable for delays or failures in performance caused by circumstances beyond its reasonable control.

18. Contact Us

If you have questions about these Terms of Service, contact us:

GBrutus Power
76 Van Ollefenstraat
Amsterdam, Netherlands
gonzalo@gbrutuspower.com