Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Ainur B.V., a Dutch limited liability company registered at Posthoornstraat 17, 3011WD Rotterdam, Netherlands, with Chamber of Commerce (KvK) number 92327516 ("Company", "we", "us", or "our"), concerning your access to and use of the Magnetic platform and services.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Magnetic is a personal AI assistant you reach by text message, WhatsApp, voice call or the web app. On your instruction it can read and write mail and calendar entries in accounts you connect, look things up, draft messages, set reminders, plan, and carry out tasks on websites, including bookings and purchases. If you connect them, it also reports on and manages your business tools, such as Google Analytics, Search Console, Google Ads, Google Business Profile, Facebook Pages, Instagram professional accounts and Meta ads, and it can join your Slack workspace as your assistant.

• Your assistant acts only on your instructions. A message to another person, a calendar invitation, a purchase or a new account on a website is made only after you confirm it, or under a standing permission you gave in words and can withdraw at any time.
• You are responsible for what you ask your assistant to do and for the accounts you connect to it, and you confirm that you are entitled to use them.
• The assistant can be wrong. Check anything you rely on for money, health, legal or travel matters before acting on it.
• Purchases the assistant makes for you are contracts between you and the seller; we are not a party to them.
• Anything your assistant publishes, sends to someone or spends in a connected account (an ad budget, a post on your Page or Instagram, a reply to a review or a comment) is done only on your instruction, and a change that spends money only after you confirm it or within a spend limit you set. Advertising platforms bill you directly for your ad spend, and you are responsible for spend you confirmed or authorised.

3. Account Registration

To use certain features of our Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

4. Subscription and Payment

4.1 Subscription Plans

Magnetic offers various subscription plans with different features and usage limits. Details of current plans are available on our pricing page. We reserve the right to modify plans and pricing with 30 days notice to existing customers.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Payment is processed through our third-party payment processor, Stripe. You authorize us to charge your payment method on a recurring basis for the subscription fee and any applicable taxes.

4.3 Refunds and Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods, except as required by law or in cases of service unavailability exceeding our Service Level Agreement.

4.4 European Consumer Rights

For consumers in the European Union: You have the right to withdraw from this contract within 14 days without giving any reason. However, by expressly requesting immediate access to the Service upon registration, you acknowledge that you waive this right of withdrawal.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Engage in any activity that disrupts or interferes with the Service
• Scrape, harvest, or collect data from the Service without permission
• Use the Service for competitive analysis against Magnetic itself
• Resell or redistribute the Service without authorization

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all content, features, and functionality, is owned by Ainur B.V. and is protected by Dutch, European Union, and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Your Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display your content as necessary to provide the Service.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property and may be used without compensation or attribution to you.

7. Data Protection and Privacy

We process personal data in accordance with the General Data Protection Regulation (GDPR) and Dutch data protection laws. Our Privacy Policy, available at https://addmagnetic.com/privacy, describes how we collect, use, and protect your personal information.

By using the Service, you consent to the processing of your data as described in our Privacy Policy. We act as a data controller for personal data you provide directly to us, and as a data processor for data you input into the Service for analysis.

7.1 No AI Training on Your Data

"Customer Data" means your User Content, the data the Service retrieves on your behalf from accounts and tools you connect (such as advertising accounts, analytics, content management and CRM systems), the instructions and prompts you give the Service, and the outputs the Service generates for you.

We do not use Customer Data to train, retrain, fine-tune or otherwise improve any artificial intelligence or machine learning model, whether our own or a third party's. We use Customer Data with AI models only to provide the Service to you.

We send Customer Data to third-party AI model providers only under terms that prohibit them from using it to train or improve their models, and we do not opt in to any provider program that would permit such use.

Keeping Customer Data in your workspace so the Service can use it for you later, such as saved memories, brand profiles, skills and routine history, is not training. This section does not restrict our use of aggregated usage information that contains no Customer Data and cannot identify you or your users, such as feature usage counts, error rates and performance metrics, to operate and improve the Service.

8. Third-Party Services

Our Service integrates with third-party services including but not limited to:

• Anthropic (Claude), via AWS Bedrock and Google Cloud, for the assistant itself
• OpenAI for voice calls and specific tools; Google for supplementary models
• Linq and Twilio for text, WhatsApp and phone delivery
• Browserbase for tasks carried out on websites
• WorkOS for authentication
• Stripe for payment processing
• The accounts and services you choose to connect (such as Google, Microsoft, Meta, Slack and others)

Your use of these integrated services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

8.1 Accounts You Connect

• You may connect only accounts you are entitled to use and to give Magnetic access to, for example as an owner or administrator of an ad account, a Page or a Business Profile. To add your assistant to a Slack workspace you need your organisation's permission where its rules require it.
• Your use of a connected service remains subject to that service's own terms, including the Google Terms of Service and the Google Ads terms, the Meta Terms of Service, the Meta Commercial Terms and the Instagram Terms of Use, and Slack's terms.
• In Slack your assistant identifies itself as your assistant. People who message it can see that, and it answers them only within the limits you set.
• You can disconnect a service at any time; how we handle its data, and how to have it deleted, is described in section 6 of our Privacy Policy. We may pause a connection if the service requires it or changes or withdraws its access, and we are not responsible for a service's outages, changes or charges, or for the results of advertising you run.

9. Service Level Agreement

We strive to maintain 99.9% uptime for the Service, calculated on a monthly basis. Scheduled maintenance is excluded from uptime calculations and will be announced at least 24 hours in advance when possible.

In the event of service unavailability exceeding 0.1% in any calendar month (excluding scheduled maintenance), affected customers may be eligible for service credits as our sole liability for such downtime.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY DUTCH LAW:

• The Service is provided "as is" without warranties of any kind, express or implied
• We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim

These limitations do not apply to liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Dutch law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ainur B.V., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

13. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Illegal or fraudulent activity
• Actions that harm other users or the Service

Upon termination, your right to use the Service ceases immediately. We will retain and use your information as necessary to comply with legal obligations and resolve disputes.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Rotterdam, Netherlands.

For consumers residing in the European Union, this does not affect your statutory rights under mandatory consumer protection laws in your country of residence.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that comes closest to the intent of the original.

16. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements for specific services, constitute the entire agreement between you and Ainur B.V. regarding the use of the Service.

17. Contact Information

For questions about these Terms or the Service, please contact us at:

18. Language

These Terms are drafted in English. In case of any discrepancy between the English version and any translation, the English version shall prevail.