Terms of Service

Effective date: 29 April 2026 Last updated: 29 April 2026 Binding language: English. Translations are for information only.

About Firestarter B.V. (in oprichting) Firestarter B.V. is currently in formation (in oprichting) under Dutch law. Once registration with the Dutch Chamber of Commerce (KvK) is complete, KvK and VAT details will be added to this page. Until then, contracts are entered into on behalf of Firestarter B.V. i.o., to be ratified by the B.V. upon registration in line with Article 2:203 of the Dutch Civil Code.

1. Introduction

These Terms of Service ("Terms") govern your use of the Firestarter platform and related services. The contracting party is:

Firestarter B.V. (in oprichting) Keizersgracht 127, 1015 CJ Amsterdam, the Netherlands Email: hallo@fire-starter.ai

(referred to as "Firestarter", "we", "us", or "our")

By creating an account, signing an order document, or otherwise using the Service, you ("Customer", "you") agree to be bound by these Terms. If you accept these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

These Terms are intended exclusively for business customers (B2B). The Service is not offered to consumers within the meaning of Article 7:5 of the Dutch Civil Code. By accepting these Terms, you confirm that you are entering into this agreement in the course of a profession or business.

2. Definitions

• "Service" means the Firestarter platform, including all software, integrations, AI-generated outputs, dashboards, and related services.
• "Account" means your registered account on the Service.
• "User" means an individual authorised by you to access and use the Service under your Account.
• "Customer Data" means all data, content, and information that you or your Users submit, upload, or connect to the Service, including data accessed via Connected Systems.
• "Connected Systems" means third-party systems you connect to the Service (for example: CRM platforms, email providers, advertising accounts, marketing automation tools).
• "Output" means any insight, recommendation, draft message, analysis, or other material generated by the Service, including by means of artificial intelligence and large language models.
• "Order" means the document, online checkout, or signup process by which you subscribe to a specific plan.
• "DPA" means the Data Processing Agreement between you and Firestarter, available on our website and incorporated into these Terms by reference.

3. The Service

3.1 What the Service does

The Service is an AI-powered growth platform for commercial teams. It analyses data from Connected Systems, generates insights and recommendations, and enables you to execute commercial activities (such as marketing campaigns, CRM updates, and account management actions) by connecting to and configuring your own systems.

3.2 Human-in-the-loop

The Service operates on a strict human-in-the-loop basis. Firestarter does not autonomously execute actions on your behalf. Every external action — including but not limited to sending an email, updating a CRM record, modifying advertising configurations, or publishing content — requires explicit approval by an authorised User before it is executed.

3.3 Configuration only; no spend or sending by Firestarter

The Service operates exclusively on systems and accounts owned and controlled by you:

• Firestarter does not spend your funds. Where the Service interacts with paid advertising platforms (such as Google Ads, Meta Ads, LinkedIn Ads), it only configures campaigns within your own connected advertising accounts. All charges, billing relationships, and budget decisions remain solely between you and the relevant advertising platform.
• Firestarter does not send communications from its own accounts. All emails, messages, and other communications generated through the Service are sent from your own connected accounts and domains. Firestarter does not act as a sender of record.

3.4 Not professional advice

Outputs generated by the Service do not constitute, and must not be relied upon as, legal, financial, tax, medical, regulatory, or other professional advice. You are solely responsible for evaluating Outputs and for seeking qualified professional advice where appropriate.

3.5 AI limitations

The Service uses artificial intelligence, including large language models. You acknowledge that:

• AI-generated Outputs may contain errors, inaccuracies, omissions, or fabricated information ("hallucinations");
• Outputs may reflect biases present in training data or input data;
• Identical or similar prompts may produce different Outputs at different times;
• The Service cannot guarantee that any specific Output will be accurate, complete, suitable for a particular purpose, or compliant with any specific legal or regulatory framework.

You are solely responsible for reviewing, verifying, editing, and approving all Outputs before they are used, sent, published, or otherwise acted upon.

3.6 Connected Systems

You are solely responsible for:

• the security, integrity, and lawful use of all Connected Systems and the data within them;
• maintaining valid credentials, authorisations, permissions, and licences for all Connected Systems;
• ensuring that connecting a system to the Service does not violate any agreement, policy, or law applicable to that Connected System;
• the consequences of any action executed via a Connected System after your approval, including charges incurred, communications sent, or data modifications made.

4. Your responsibilities

4.1 Lawful use

You warrant that you will use the Service only for lawful business purposes and in compliance with all applicable laws, including (without limitation) data protection laws (such as the GDPR), anti-spam laws (such as the ePrivacy Directive), competition law, consumer protection law, and intellectual property law.

4.2 Acceptable use

You shall not, and shall not permit any User or third party to:

• use the Service to send unsolicited communications (spam) in violation of applicable law;
• use the Service to harass, defame, defraud, or harm any individual or entity;
• use the Service to generate or distribute content that is illegal, infringing, defamatory, deceptive, or harmful;
• attempt to reverse-engineer, decompile, or extract the source code, models, or weights of the Service;
• attempt to circumvent any technical limitations, rate limits, or security measures of the Service;
• use the Service to build a competing product or service;
• input into the Service any special categories of personal data (Article 9 GDPR) or data relating to criminal convictions (Article 10 GDPR) without first notifying Firestarter and entering into appropriate additional safeguards;
• input into the Service any data you do not have the right to input.

4.3 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Account. You shall notify Firestarter without undue delay of any suspected unauthorised access.

4.4 Approval is your acceptance

Given the human-in-the-loop nature of the Service (Section 3.2), you are responsible for ensuring that Users with approval authority exercise that authority diligently. Approval of an Output or action by any User constitutes your full and final acceptance of, and responsibility for, that Output or action.

5. Subscriptions, fees and payment

5.1 Plans and Orders

Specific commercial terms — including selected plan, number of seats, fees, billing frequency, and term — are set out in the applicable Order. Pricing is communicated separately at the time of subscription.

5.2 Fees and taxes

All fees are exclusive of VAT (BTW) and any other applicable taxes, which will be added where required. Where the reverse-charge mechanism applies (for VAT-registered customers established in another EU Member State), the Customer remains responsible for accounting for VAT in their own jurisdiction.

5.3 Payment

Unless otherwise agreed in the Order:

• monthly plans are billed in advance on the same calendar day each month;
• annual plans are billed in advance for the full annual term;
• invoices are payable within 14 days of the invoice date;
• late payment incurs statutory commercial interest under Article 6:119a of the Dutch Civil Code, plus reasonable collection costs.

5.4 Suspension for non-payment

Firestarter may suspend access to the Service if an invoice remains unpaid more than 14 days after a written reminder. Suspension does not relieve you of payment obligations.

5.5 Price changes

Firestarter may change prices for renewal terms by giving you at least 60 days' written notice before the renewal date. Prices for an existing committed term will not change during that term.

6. Term and termination

6.1 Term

The subscription term begins on the effective date set out in the Order and continues for the period specified.

6.2 Renewal

Unless otherwise specified in the Order, subscriptions automatically renew for successive periods equal to the initial term, at the then-current price.

6.3 Termination by you

• Monthly subscriptions: you may terminate at any time with one month's notice, taking effect at the end of the calendar month.
• Annual or longer subscriptions: you may terminate effective at the end of the then-current term by providing notice at least 30 days before the end of that term. Early termination of a committed term is not permitted, except for cause as set out in Section 6.5.

6.4 Termination by Firestarter for convenience

Firestarter may terminate your subscription on 60 days' written notice. In such case, Firestarter will refund any prepaid fees on a pro-rata basis for the period after termination.

6.5 Termination for cause

Either party may terminate these Terms with immediate effect by written notice if the other party:

• materially breaches these Terms and fails to cure the breach within 30 days of receiving written notice;
• becomes insolvent, enters bankruptcy or suspension of payments, or ceases business operations;
• engages in conduct that, in the terminating party's reasonable judgement, exposes it to legal, regulatory, or reputational risk.

6.6 Effects of termination

On termination:

• your right to access and use the Service ceases;
• you may export Customer Data via standard export functionality for 30 days following termination;
• Firestarter will delete Customer Data within 90 days of termination, except where retention is required by law or for the establishment, exercise, or defence of legal claims;
• accrued payment obligations survive termination;
• Sections 7 (Data and Privacy), 8 (Intellectual Property), 9 (Confidentiality), 10 (Liability), 11 (Indemnification), 13 (Governing Law and Disputes), and any other provisions which by their nature should survive, shall survive termination.

7. Data and Privacy

7.1 Customer Data ownership

As between the parties, you retain all rights, title, and interest in and to Customer Data. Firestarter acquires no ownership rights in Customer Data.

7.2 Licence to Firestarter

You grant Firestarter a non-exclusive, worldwide, royalty-free licence to access, process, store, transmit, and use Customer Data solely as necessary to provide and improve the Service, in accordance with these Terms, the DPA, and applicable law.

7.3 Data Processing Agreement

Where Firestarter processes personal data on your behalf in the course of providing the Service, it does so as a processor within the meaning of Article 4(8) GDPR. The DPA, available on our website and entered into between the parties, governs that processing. In the event of conflict between these Terms and the DPA in respect of personal data processing, the DPA prevails.

7.4 Hosting

Customer Data is hosted on Microsoft Azure infrastructure within the European Union. Customer Data is not stored outside the EU/EEA, except where strictly necessary for sub-processor functionality (for example: AI inference performed by our LLM provider).

7.5 No model training on Customer Data

Firestarter does not use Customer Data to train, fine-tune, or improve any artificial intelligence model, whether its own or that of a third party.

7.6 Use of anonymised data

Firestarter reserves the right to generate, retain, and use anonymised and aggregated data derived from Customer Data — including for the purpose of operating, securing, and improving the Service, generating industry benchmarks, and producing analytics. Anonymised data is, by definition, not personal data and cannot be linked back to you or to any individual. Firestarter will only exercise this right in compliance with applicable law and the DPA.

7.7 Confidentiality of Customer Data

Firestarter treats Customer Data as your confidential information. Firestarter personnel access Customer Data only:

• as necessary to operate the Service (including automated processing);
• with your explicit consent (for example, for technical support);
• where required by law.

8. Intellectual Property

8.1 Firestarter IP

Firestarter retains all rights, title, and interest in and to the Service, including all underlying software, models, prompts, designs, documentation, trademarks, and know-how. Nothing in these Terms transfers any such rights to you except for the licence expressly granted in Section 8.3.

8.2 Feedback

If you provide Firestarter with suggestions, feedback, or ideas regarding the Service, Firestarter may use such feedback without restriction or compensation, provided that Firestarter does not identify you as the source without your consent.

8.3 Licence to use the Service

Subject to these Terms and timely payment of fees, Firestarter grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for your internal business purposes.

8.4 Outputs

Subject to these Terms and timely payment of fees, Firestarter assigns to you, on a perpetual, worldwide, royalty-free basis, such rights as Firestarter has in Outputs generated specifically for you through the Service, to the extent such rights are assignable. You acknowledge that:

• AI-generated Outputs may not be eligible for copyright protection in some jurisdictions;
• Similar Outputs may be generated for other customers based on similar inputs;
• The underlying models, methodology, and platform remain Firestarter's property.

8.5 Customer name and logo

You grant Firestarter a limited licence to use your name and logo to identify you as a user of the Service (for example: on a customer logo wall, in marketing materials, or in case studies referring to you by name). You may opt out of this use at any time by writing to hallo@fire-starter.ai. Quotations, testimonials, and detailed case studies require your separate prior written consent.

9. Confidentiality

9.1 Confidential Information

"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Service, whether marked as confidential or which a reasonable person would understand to be confidential. Customer Data is your Confidential Information. Non-public technical details of the Service are Firestarter's Confidential Information.

9.2 Obligations

Each party shall: (a) use the other party's Confidential Information only as necessary to perform under these Terms; (b) protect it with at least the same degree of care it uses for its own confidential information (and in any case no less than reasonable care); (c) not disclose it to any third party except to its employees, contractors, and advisors who need to know and who are bound by equivalent confidentiality obligations.

9.3 Exceptions

The obligations do not apply to information that: (a) is or becomes publicly known without breach; (b) was rightfully known before disclosure; (c) is independently developed without use of the Confidential Information; (d) is rightfully obtained from a third party without restriction; or (e) is required to be disclosed by law, provided the receiving party gives reasonable advance notice where legally permissible.

10. Disclaimers and limitation of liability

10.1 Disclaimer

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise. Firestarter specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of Outputs, uninterrupted operation, or error-free performance.

10.2 No reliance on Outputs

You acknowledge that:

• Outputs are generated by AI systems and may be inaccurate, incomplete, biased, or fabricated;
• Outputs do not constitute professional advice;
• Your review and approval of any Output (Sections 3.2 and 4.4) is the operative event for any action taken;
• Firestarter has no liability for the consequences of Outputs that you reviewed and approved.

10.3 Exclusion of indirect damages

To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data (other than Firestarter's direct cost of restoring backups), loss of opportunity, or reputational harm, even if advised of the possibility of such damages.

10.4 Liability cap

To the maximum extent permitted by applicable law, Firestarter's total aggregate liability arising out of or in connection with these Terms (whether in contract, tort, statute, or otherwise) shall not exceed the lesser of:

(a) the fees actually paid by you to Firestarter in the six (6) months immediately preceding the event giving rise to the claim; or

(b) fifty thousand euros (€50,000).

10.5 Carve-outs

The exclusions and limitations in Sections 10.3 and 10.4 do not apply to:

• liability arising from gross negligence (grove schuld) or wilful misconduct (opzet) of a party or its senior management;
• liability that cannot be limited or excluded under mandatory applicable law;
• your payment obligations under Section 5;
• your indemnification obligations under Section 11;
• breaches of confidentiality obligations under Section 9;
• infringement by either party of the other party's intellectual property rights.

10.6 Sole remedy

Where Firestarter is found liable for a service failure, your sole and exclusive remedy is, at Firestarter's option: (i) re-performance of the affected service, (ii) a service credit, or (iii) a refund of the fees attributable to the affected service for the affected period.

10.7 Time bar

Any claim arising out of or in connection with these Terms must be brought within one (1) year after you become aware, or reasonably should have become aware, of the facts giving rise to the claim, failing which the claim is barred.

11. Indemnification

11.1 Indemnification by you

You shall defend, indemnify, and hold Firestarter harmless against any third-party claim, action, demand, loss, damage, fine, penalty, or expense (including reasonable legal fees) arising out of or in connection with:

• your use of the Service in breach of these Terms or applicable law;
• Customer Data, including any claim that Customer Data infringes any third party's rights or violates any law;
• any communication, content, or action sent or executed via the Service after your approval;
• your Connected Systems, including any breach of your agreements with the providers of those systems;
• your failure to obtain necessary consents (including consents under data protection, ePrivacy, or anti-spam law) for the use of the Service;
• your breach of any representation or warranty in these Terms.

11.2 IP indemnification by Firestarter

Firestarter shall defend you against any third-party claim that the Service, as provided by Firestarter and used by you in accordance with these Terms, infringes a third party's copyright, trademark, or registered patent in the EU/EEA, and shall pay damages and reasonable costs finally awarded against you or agreed in settlement. This obligation does not apply to claims arising from: (i) Customer Data; (ii) modifications to the Service not made by Firestarter; (iii) use of the Service in combination with non-Firestarter products where the claim would not have arisen but for the combination; (iv) use of the Service contrary to these Terms.

11.3 Procedure

The indemnified party shall: (a) promptly notify the indemnifying party of any claim; (b) give the indemnifying party sole control over the defence and settlement of the claim (provided that no settlement requiring admission of liability or unreimbursed payment by the indemnified party may be entered into without consent); (c) reasonably cooperate in the defence.

12. Changes

12.1 Changes to the Service

Firestarter may modify, add to, or discontinue features of the Service at any time, provided that no material reduction in functionality is made during a paid term without giving you the right to terminate and receive a pro-rata refund.

12.2 Changes to these Terms

Firestarter may update these Terms by giving at least 30 days' written notice (including by email or in-product notification) before the changes take effect. If you object to a material change, you may terminate the subscription effective on the date the change would take effect and receive a pro-rata refund of any prepaid fees. Continued use of the Service after the effective date constitutes acceptance.

13. Governing law and disputes

13.1 Governing law

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, save that Firestarter retains the right to bring proceedings against you in the jurisdiction of your registered seat for the collection of unpaid fees.

13.3 Pre-litigation step

Before commencing legal proceedings (other than for urgent injunctive relief or collection of undisputed fees), the parties shall attempt in good faith to resolve the dispute through escalation to senior representatives within 30 days of written notice of the dispute.

14. General

14.1 Entire agreement

These Terms, together with the Order, the DPA, the Privacy Policy, and any documents expressly incorporated by reference, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings, whether oral or written, on the subject matter.

14.2 Order of precedence

In the event of conflict: (i) the Order prevails over these Terms with respect to commercial terms specifically negotiated; (ii) the DPA prevails over these Terms with respect to personal data processing; (iii) otherwise these Terms prevail.

14.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without Firestarter's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets, provided the assignee is not a competitor of Firestarter. Firestarter may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

14.4 No third-party beneficiaries

These Terms do not create any rights for any third party.

14.5 No waiver

Failure to enforce a right does not constitute a waiver of that right.

14.6 Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision shall be replaced by an enforceable provision that most closely reflects the original intent.

14.7 Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, internet or telecommunications failures, or failures of upstream service providers.

14.8 Notices

Notices to Firestarter shall be sent to hallo@fire-starter.ai. Notices to you shall be sent to the email address registered with your Account or specified in the Order. Notices are deemed received on the next business day after sending, except for billing-related notices which are deemed received on the day of sending.

14.9 Independent contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

14.10 Export and sanctions

You represent that you are not located in, organised under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive EU or US sanctions, and that you are not on any EU or US restricted-party list.

14.11 Language

These Terms are drafted in English. English is the binding language. Any translation is provided for convenience only and has no legal effect.

Contact

Firestarter B.V. (in oprichting) Keizersgracht 127, 1015 CJ Amsterdam, the Netherlands Email: hallo@fire-starter.ai