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Terms of Service

Effective Date: February 8, 2026
Last Updated: February 8, 2026

Welcome to TalkBuildr, provided by IdeaVista, trading as TalkBuildr ("IdeaVista", "we", "us", or "our"). By accessing or using our chatbot platform ("Service"), you agree to these Terms of Service ("Terms").

  1. Acceptance of Terms

    By creating an account or using our Service, you agree to comply with these Terms and all applicable laws. If you do not agree, do not use the Service.

  2. Service Description

    TalkBuildr is a Software-as-a-Service (SaaS) platform that allows you to create, customize, and embed AI-powered chatbots on your websites. Chatbot responses are generated using third-party AI models (currently OpenAI). We do not guarantee the accuracy, completeness, or appropriateness of AI-generated responses. You are responsible for reviewing chatbot output before relying on it for business decisions.

  3. Age Restriction

    You must be at least 16 years of age to use the Service, in accordance with the Dutch Implementation Act GDPR (Uitvoeringswet AVG, or UAVG). By using the Service, you represent that you meet this requirement.

  4. User Accounts

    You must provide accurate information and keep your account credentials secure. You are responsible for all activity under your account. Notify us immediately at support@talkbuildr.com if you suspect unauthorized access.

  5. Acceptable Use

    You agree not to use the Service to:

    • Create chatbots that deceive users about being human or misrepresent their identity
    • Generate, store, or distribute illegal content, hate speech, or content that incites violence
    • Collect personal data from end users without a lawful basis under GDPR
    • Process special categories of personal data (health, biometric, genetic data) or data relating to criminal convictions without explicit authorization
    • Scrape, reverse-engineer, or attempt to extract the source code of the Service
    • Circumvent usage limits, rate limits, or feature restrictions
    • Use the Service for spam, phishing, or social engineering attacks
    • Interfere with or disrupt the Service or its infrastructure
    • Resell or sublicense access to the Service without our written permission

    We reserve the right to suspend or terminate accounts that violate these rules, with notice where reasonably practicable.

  6. Intellectual Property & Data Ownership

    Your Content: You retain all ownership rights to the content you upload, create, or process through the Service (including chatbot configurations, knowledge base documents, and chat logs). You grant IdeaVista a limited, non-exclusive license to use this content solely for the purpose of providing and improving the Service.

    Our Platform: The Service, including its design, code, features, and documentation, is the intellectual property of IdeaVista. These Terms do not grant you any rights to our trademarks, logos, or branding.

    No Training on Your Data: We do not use your content to train AI models. OpenAI's API terms also prohibit training on data submitted through their API.

    On Termination: Upon account deletion, your content will be deleted in accordance with our Privacy Policy data retention schedule.

  7. Payments & Subscriptions

    Paid plans are billed in EUR (€) via Stripe. By subscribing, you agree to the pricing displayed at the time of purchase. All prices are exclusive of applicable taxes; VAT and other taxes are calculated and collected automatically at checkout.

    Auto-Renewal: Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date.

    Price Changes: We will notify you by email at least 30 days before any price increase takes effect. If you do not agree with a price change, you may cancel your subscription before the new price applies.

    Refund Policy: All subscriptions are non-refundable. You may cancel your subscription at any time, and you will retain access until the end of your current billing period. No prorated refunds are provided for partial months.

    EU Right of Withdrawal: By subscribing and immediately accessing digital content, you acknowledge and agree that the 14-day right of withdrawal under Directive 2011/83/EU is waived upon commencement of performance, in accordance with Article 16(m).

    Service Level Agreement (SLA): While we strive for high availability, TalkBuildr is provided "as is" without guaranteed uptime. We do not offer service level credits or uptime guarantees. Planned maintenance and service interruptions may occur.

  8. Embed & API Terms

    When you embed a TalkBuildr chatbot on your website or use our API:

    • You are the data controller for the personal data of your end users. IdeaVista acts as a data processor on your behalf, governed by our Data Processing Agreement
    • You are responsible for informing your end users about the chatbot's use of AI and any data collection, in accordance with GDPR transparency requirements
    • You must not remove or obscure the "Powered by TalkBuildr" branding unless your plan includes white-label/custom branding
    • API access is subject to rate limits and usage quotas as defined by your subscription plan
  9. Bring Your Own Key (BYOK) Encryption

    If you choose to use our Bring Your Own Key (BYOK) feature, you acknowledge and agree to the following:

    • Customer Assumes All Liability: You are solely responsible for the security, management, and storage of your encryption keys. IdeaVista is not liable for any loss, theft, compromise, or unauthorized access to your encryption keys.
    • GDPR Compliance Responsibility: Under GDPR Articles 32-34, you acknowledge that if a data breach occurs due to compromised encryption keys, you may face regulatory enforcement action. IdeaVista is not responsible for GDPR enforcement resulting from key mismanagement.
    • No Protection Against Third-Country Access: As stated by the European Data Protection Board (EDPB), BYOK does not fully protect against lawful access requests from third countries (e.g., USA CLOUD Act). You accept this limitation and acknowledge that IdeaVista cannot guarantee data sovereignty through BYOK alone.
    • Key Loss Disclaimer: If you lose your encryption keys, your data will be permanently inaccessible. IdeaVista cannot recover encrypted data without your keys. We strongly recommend maintaining secure backups of all encryption keys.
    • Service Availability: IdeaVista may be unable to provide certain support or recovery services if we cannot access your encrypted data due to BYOK restrictions.
    • Compliance with Regulations: You are responsible for ensuring that your use of BYOK complies with all applicable data protection regulations, including GDPR, ePrivacy Directive, and Dutch Telecommunications Act.

    IMPORTANT: By enabling BYOK, you acknowledge that you have read and understood these disclaimers and accept full responsibility for encryption key management and any resulting liabilities.

  10. Termination

    By You: You may cancel your account at any time from your account settings. Upon cancellation, you will retain access until the end of your current billing period. You can export your data before deletion via the account settings.

    By Us: We may suspend or terminate accounts that violate these Terms. Where possible, we will provide 30 days' notice before termination, except in cases of serious violations (fraud, illegal activity, or threats to other users), where immediate suspension may be necessary.

    Effect of Termination: Upon termination, your data will be retained for 30 days to allow export, after which it will be permanently deleted in accordance with our Privacy Policy.

    Surviving Clauses: Sections on Intellectual Property, Limitation of Liability, BYOK, Governing Law, and any accrued payment obligations survive termination.

  11. Warranty Disclaimer

    The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

    AI Output Disclaimer: AI-generated chatbot responses may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing and validating AI output. IdeaVista is not liable for any decisions made or actions taken based on AI-generated responses.

  12. Limitation of Liability

    To the maximum extent permitted by Dutch law, IdeaVista's total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.

    IdeaVista shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

    Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence (grove schuld) or willful misconduct (opzet) under Dutch law; or (d) any liability that cannot be excluded by law.

  13. Privacy & Data Protection

    Your use of the Service is governed by our Privacy Policy and Cookie Policy. By using the Service, you also accept the terms of our Data Processing Agreement (DPA), which governs the processing of personal data on your behalf, as required by GDPR Article 28(3).

  14. Changes to Terms

    We may update these Terms from time to time. For material changes, we will notify you by email at least 30 days before the changes take effect and update the "Last Updated" date. If you do not agree with the updated Terms, you may close your account before they take effect. Continued use of the Service after the 30-day notice period constitutes acceptance of the updated Terms.

  15. Governing Law & Disputes

    These Terms are governed by the laws of The Netherlands. Any disputes arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands.

    EU Consumer Rights: If you are a consumer within the EU, nothing in these Terms affects your mandatory consumer protection rights under the laws of your country of residence, including any mandatory forum provisions.

  16. General Provisions
    • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
    • Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and DPA, constitute the entire agreement between you and IdeaVista regarding the Service.
    • No Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.
    • Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor.
  17. Contact

    For questions about these Terms, contact us at support@talkbuildr.com.

    IdeaVista, trading as TalkBuildr
    Amsterdam, The Netherlands
    KvK Number: 97755893
    https://talkbuildr.com

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