Terms of Service

These Terms of Service ("Terms") are between you and Enterwise B.V., a Dutch private limited company registered with the Dutch Chamber of Commerce (KVK 42053993, VAT NL869496578B01) ("Enterwise", "we", "us", or "our"). They govern your use of our AI-native platform for business analysis and organizational change (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

1. Who can use Enterwise

The Services are intended for business use in the context of business analysis and organisational change. By accepting these Terms, you confirm that:

• You are using Enterwise in a business capacity (employee, founder, contractor, freelancer, or other organisational representative), or you are evaluating Enterwise individually with the intent to use it for business purposes
• If you accept these Terms on behalf of an organisation, you confirm you are authorised to do so, and "you" and "your" refer to both you personally and that organisation
• You are at least 16 years old
• You are not located in, controlled by, or acting on behalf of any party subject to applicable sanctions (EU consolidated list, US OFAC, UK)

The Services are not intended for personal, household, or consumer use; Dutch and EU consumer-protection regimes therefore do not apply.

2. Your account

You are responsible for the security of your account credentials and for activity that occurs under your account. Notify us at security@enterwise.ai if you suspect unauthorised access.

We may suspend access to your account for security threats, non-payment (when paid plans are active), or serious breach of these Terms.

3. Acceptable use

You agree to use the Services lawfully and responsibly. You must not:

• Use the Services for illegal, harmful, or fraudulent purposes
• Attempt to gain unauthorised access to the Services, other accounts, or our infrastructure
• Interfere with or disrupt the Services or other users
• Reverse engineer, decompile, or copy the Services to build a directly competing product
• Misuse AI features (for example, by trying to extract underlying models, generate content that violates our AI providers' usage policies, or perform prompt-injection attacks against third parties)
• Share access credentials outside your organisation

We may suspend or terminate access if you breach this section.

4. Your data

You own your data."Your Data" means any content you or your organisation creates, uploads, or imports into the Services: directory entries, projects, sources, transcripts, deliverables, comments, and similar content.

You grant Enterwise a limited, non-exclusive licence to host, process, transmit, and display Your Data solely to provide, maintain, secure, and improve the functionality of the Services, and to address technical or security issues.

You are responsible for:

• The accuracy and completeness of Your Data
• Having the rights necessary to upload Your Data, including any personal data of third parties
• Configuring workspace access controls within your organisation

Where Your Data contains personal data, we process it as a processor under our Data Processing Agreement.

Aggregated and de-identified statistics. We may generate and use aggregated and de-identified usage statistics about how the Services are used (for example, feature adoption, performance, error rates), provided that those statistics do not identify you, your organisation, or any individual. We use these statistics internally to operate, secure, and improve the Services, and may share them in aggregated form (for example, in product documentation or marketing materials).

5. Our service

We provide the Services on a subscription basis, or on early-access terms while applicable. We may evolve the Services and may introduce, change, or retire features. Material adverse changes will be communicated with reasonable advance notice. Beta, preview, and experimental features are provided as-is and without service-level commitments.

During early access, we do not provide service-level agreements (SLAs). Outages and degradations can happen, particularly given our dependence on third-party cloud and AI providers. We will communicate significant incidents and work to restore service promptly.

The Services depend on the data you provide. The maps, summaries, and analyses you see are derived from Your Data; you are responsible for reviewing them before relying on them for decisions.

6. AI features and outputs

Our Services include AI-generated content (transcripts, summaries, findings, deliverable drafts, and similar outputs). The following terms apply specifically to that content:

• Customer content is not used to train third-party AI models. Our AI subprocessors are contractually bound to the same.
• AI outputs are probabilistic and may be inaccurate, incomplete, or contain hallucinations. Treat AI output as a draft to verify, not as authoritative output.
• AI outputs are not professional advice (legal, medical, financial, or otherwise).
• You are responsible for human review of AI outputs before acting on them.
• AI outputs about identifiable people are not automated decisions with legal or similarly significant effects under data-protection law.

To the extent we have rights to assign or license them, AI outputs generated for you are yours. Your use of AI features remains subject to these Terms and to the underlying AI providers' acceptable-use policies.

7. Subprocessors and third-party services

We use third-party subprocessors (cloud, hosting, email, AI providers) to operate the Services. The current list, with each subprocessor's service category and region, is published at enterwise.ai/trust#subprocessors. Each subprocessor is bound by a Data Processing Agreement and a duty of confidentiality.

The Services may also link to or integrate with third-party services we do not control. Your use of those is subject to their own terms.

8. Fees

During early access, the Services are provided without charge. If we introduce fees in the future, we will give you reasonable advance notice and an opportunity to decline before they apply to you.

When paid plans are introduced, the commercial terms (pricing, billing cycle, renewal, taxes, late payment) will be set out at signup and on our pricing page. You are responsible for applicable taxes; reverse-charge VAT applies for EU B2B transactions where relevant.

9. Suspension and termination

You can stop using the Services at any time.

We may suspend or terminate your access if you:

• Materially breach these Terms and do not cure within a reasonable period after notice
• Use the Services in a way that creates legal, security, or operational risk to Enterwise or others
• Are added to a sanctions list

We may also terminate or discontinue the Services with reasonable advance notice. On termination:

• Your access to the Services ends
• You may export Your Data within 30 days of termination
• After 30 days, Your Data is deleted in accordance with our Privacy Policy and the underlying DPA, except where law requires longer retention
• Provisions that by their nature should survive termination (including Your data ownership, warranties, limit of liability, confidentiality, indemnification, and governing law) survive

10. Warranties

The Services are provided "as is" and "as available" to the maximum extent permitted by law. We provide the Services with reasonable care and skill. We do not warrant that:

• The Services will be uninterrupted, error-free, or always available
• The output of the Services will be accurate, complete, or fit for your specific purpose
• The Services will meet your specific business requirements

We disclaim all implied warranties (including merchantability, fitness for a particular purpose, and non-infringement) to the fullest extent permitted by applicable law.

11. Limit of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, lost opportunity, or business interruption, regardless of the legal theory.

Our total aggregate liability for any and all claims arising from or relating to these Terms or the Services is limited to the greater of (a) €100 or (b) the fees you paid to Enterwise in the 12 months immediately preceding the event giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be excluded or limited under applicable law, such as for gross negligence, wilful misconduct, fraud, or breach of confidentiality.

12. Confidentiality

Each party will protect the other's non-public business and technical information disclosed under these Terms with at least the same care it uses for its own confidential information, and will not use it for any purpose other than to perform under these Terms. Standard exceptions apply (information that becomes public other than through breach, was already known, is independently developed, or is required to be disclosed by law).

Your Data is treated as your confidential information. We will not use it except as permitted by these Terms and our DPA.

13. Indemnification

You will defend, indemnify, and hold harmless Enterwise, its officers, employees, and contractors from any third-party claim arising from:

• Your Data or your misuse of the Services
• Your breach of these Terms or applicable law
• The way your organisation shares or uses outputs from the Services with third parties

We will cooperate reasonably in the defence, and you will not settle any claim that imposes obligations on us without our written consent.

14. Changes to the service and to these Terms

We may modify the Services and these Terms. We will give reasonable advance notice of material changes through the Services or by email. Continued use of the Services after the effective date of a change constitutes acceptance. If you reject a material change, you may terminate by stopping use of the Services before the change takes effect.

15. Export control and sanctions

You will not use, export, re-export, or transfer the Services in violation of applicable export-control or sanctions laws (including the EU consolidated list, US OFAC, and the UK). You represent that you and the parties for whom you are acting are not on any applicable sanctions list.

16. Governing law and disputes

These Terms are governed by the laws of the Netherlands, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The competent courts of Amsterdam, the Netherlands have exclusive jurisdiction over any dispute arising from or relating to these Terms, subject to mandatory local law that cannot be contracted out of for specific user types.

These Terms are written in English. If a translation is provided for convenience and there is any conflict between the English version and a translation, the English version prevails.

Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute through senior representatives.

17. Other terms

• Order of precedence. Where you have signed a separate written agreement with us (for example, an enterprise Master Services Agreement) that conflicts with these Terms, that signed agreement prevails. Where Your Data includes personal data, our Data Processing Agreement prevails on data-protection matters.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of substantially all of our assets.
• Force majeure. Neither party is liable for delays or failures caused by events outside its reasonable control.
• Severability. If any provision is held unenforceable, the remainder remains in effect.
• No waiver. Failure to enforce any provision is not a waiver of that or any other provision.
• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, DPA, and any signed agreement between us, form the entire agreement between you and Enterwise concerning the Services.
• No third-party beneficiaries. Nothing in these Terms creates rights for any third party.
• Independent parties. We are independent contractors; nothing creates a partnership, agency, or employment relationship.

18. Contact