Terms and Condition

The service "Springtide" is offered over the internet in the form of Software-as-a-Service by the company Springtide BV. The use of Springtide is subject to the below terms and conditions. By signing up for our services, or by downloading, installing or otherwise accessing or using the Services (as defined below), you agree that you have read, understand, and accept this Agreement, and you agree to be bound by the terms contained herein and all terms, policies and guidelines incorporated in the Agreement by reference (including the Privacy Policy which can be found on our website. Deviations from these terms and conditions is possible only by means of written confirmation by Springtide BV.

Article 1. Use of the service

1.1. The service Springtide allows you to store data and files in a vector database and use Retrieval-augmented Generation (RAG), a technique for enhancing the accuracy and reliability of generative AI models with facts fetched from external sources. Files you upload will be used as external source references and provided as context in queries to generative AI models selected in the Springtide platform.
1.2. To use Springtide, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. Your user account is personal and it is expressly forbidden to let others access your account or make queries to assistants through your account.
1.4. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential.Springtide BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you.This means you are liable for these actions, unless and until you have notified Springtide BV that someone else knows your password.

Article 2. Terms of use

2.1. It is not permitted to use Springtide for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. In particular it is not permitted to use Springtide for storage of files in violation of applicable copyright law.
2.3. Should Springtide BV discover that you violate any of the above, or receive a complaint alleging the same, then Springtide BV may intervene to end the violation.
2.4. If in the opinion of Springtide BV the continued functioning of the computer systems or network of Springtide BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Springtide BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. Springtide BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Springtide BV is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
2.6. Springtide BV may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Springtide BV from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. Springtide BV uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Springtide BV actively maintains Springtide. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. Springtide BV may from time to time adapt Springtide. Your feedback and suggestions are welcome but ultimately Springtide BV decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The service Springtide, the accompanying software as well as all information and images on the website is the intellectual property of Springtide BV. None of these items may be copied or used without prior written permission of Springtide BV, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Springtide BV receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Springtide BV, for example a bug report or suggestion for improvement, you grant Springtide BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Springtide BV shall refrain from accessing data you store or transfer using Springtide, unless this is necessary for a good provision of the service or Springtide BV is forced to do so by law or order of competent authority. In these cases Springtide BV shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1. The use of certain functions of Springtide is subject to fees. The functions in question will inform you of the fees. The fee is due every subscription term and must be paid in advance. The subscription term is determined by the choice of a plan during sign up or thereafter.
5.2. Payment is possible by creditcard, by PayPal money transfer, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of Springtide BV shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Springtide BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Springtide BV at most two months after discovery.
6.4. In case of force majeure Springtide BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1. This agreement enters into force as soon as you first use the service and then remains in force for your subscription period as determined in your chosen plan.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a private individual, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non private individuals, e.g. businesses, can terminate the agreement by the end of the term indicated in the previous clause with a notice period of two months.
7.3. Springtide BV is entitled to terminate the agreement if you have not used the service at all in the last 12 months. In such an event Springtide BV shall first send a reminder mail to the e-mail address connected to your account.
7.4. Upon request and payment of an additional fee Springtide BV may provide you with a copy of the data stored using the service. Contact us for options and costs.

Article 8. Changes to terms

8.1. Springtide BV may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. Springtide BV shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Springtide after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Springtide shall be brought before the competent Dutch court for the principal place of business of Springtide BV.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Springtide service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Springtide BV shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Springtide BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Springtide or the associated business activities.

Terms and conditions