Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you (the “Customer”, “you”) and HumanOps B.V. (the “Company”, “we”, “us”) for the use of intakto (the “Service”). By creating an account, completing a purchase, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms apply to two kinds of customer. If you use the Service for purposes within your trade, business, craft, or profession, you are a business customer, and the provisions marked “business customers” apply to you in full. If you are a consumer (a natural person acting outside your trade, business, or profession), nothing in these Terms removes the mandatory consumer rights you have under the law of your country of residence in the European Union or European Economic Area. Where these Terms conflict with those mandatory rights, those rights prevail.

1. Who we are

The Service is provided by HumanOps B.V., a private limited company incorporated in the Netherlands, with its registered office at Amsterdam, 1091EE, Netherlands. Company registration (KvK) number: [KvK number - to be added]. VAT/BTW number: [BTW number - to be added]. You can reach us at hello@intakto.eu.

2. Definitions

• Service / intakto: a private, managed AI assistant with persistent memory, accessed through a web browser and through WhatsApp, with an optional secure channel.
• Hermes: the AI assistant that processes your requests and produces responses, and that may carry out actions you approve. We refer to her as “she”.
• Persistent memory: the store of your data (messages, documents, facts, decisions) that lets Hermes recall context over time.
• Connected services: third-party tools you choose to connect (for example messaging or email channels) so that Hermes can read from or act in them on your instruction.
• Account: your registered access to the Service.
• Merchant of Record: Lemon Squeezy, the seller of record for your purchase. See Section 5 and the Cross-Border Payment Terms.

3. The Service

3.1. We provide access to a private AI assistant (“Hermes”) with persistent memory. Your data is hosted in the European Union (Germany, on infrastructure provided by Hetzner). Some functions require sending your content to an AI model provider for processing; the providers we use, and where processing takes place, are listed in the Sub-processor List.

3.2. You access the Service through a web browser and through WhatsApp, and optionally through a secure channel that we may make available.

3.3. The Service is offered on a single plan: EUR 29 per month, paid in advance. There is no free trial. A 14-day money-back guarantee applies as described in Section 6 and in the Refund Policy.

3.4. We may improve, change, or add features. We may also retire features that are no longer maintainable. We will give reasonable notice of changes that materially reduce the core function of the Service, and Section 11 (changes) and Section 6 (refund) apply.

4. Your account

4.1. You must provide accurate registration information and keep it current.

4.2. You are responsible for activity that occurs under your Account and for keeping your access credentials and any access links confidential. Tell us promptly at hello@intakto.eu if you believe your Account has been compromised.

4.3. You must be at least 18 years old, or the age of majority in your country of residence, to use the Service.

5. Price, payment, and Merchant of Record

5.1. The subscription is EUR 29 per month, charged in advance. All prices are in euro (EUR).

5.2. Payments are processed by Lemon Squeezy acting as Merchant of Record. This means Lemon Squeezy is the seller of record to you for the transaction: it collects and remits applicable EU VAT, issues the invoice, and handles billing and refunds. Your purchase is therefore subject to Lemon Squeezy’s customer terms in addition to these Terms. Further detail is set out in the Cross-Border Payment Terms.

5.3. The subscription renews automatically each month until cancelled. You may cancel at any time; cancellation stops future renewals. See the Refund Policy for the treatment of amounts already paid.

5.4. If a payment fails, we (through the Merchant of Record) may retry the charge and may suspend access until payment is resolved.

6. 14-day money-back guarantee

6.1. If you are not satisfied, you may request a full refund within 14 days of your first payment, no reasons required. The Refund Policy sets out how to request it and how it is paid.

6.2. The statutory right of withdrawal for consumers (the 14-day cooling-off period under EU consumer law) is described in the Refund Policy and is not limited by this Section.

6.3. In every case, your server and your data stay yours. See Section 10.

7. The AI and agentic nature of the Service; no warranty of accuracy

7.1. Hermes is software based on artificial intelligence and large language models. Responses are generated by a probabilistic model and may be incorrect, incomplete, out of date, or fabricated (“hallucinations”).

7.2. Actions you approve. Where you instruct or authorise Hermes to take an action — for example drafting, sending, or organising content in a connected service — she acts on your instruction and under your control. You decide what to approve. You are responsible for the actions you authorise and for their consequences, including messages sent and changes made in connected services. Our approach is human-in-the-loop: we design the Service so that meaningful actions are presented for your review, but you remain the decision-maker. The AI Policy describes this in more detail.

7.3. The Service is not professional advice. It does not provide legal, medical, financial, tax, accounting, psychological, or other regulated advice, and it does not replace a qualified professional.

7.4. You are solely responsible for any decision you make, or action you take, using outputs of the Service. You must review and verify outputs before relying on them.

7.5. The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we give no warranty that the Service or its outputs are accurate, reliable, error-free, uninterrupted, secure, or fit for any particular purpose. This Section does not exclude or limit any warranty or right that cannot be excluded or limited under mandatory law, including mandatory consumer law.

8. Acceptable use

8.1. Your use of the Service is subject to the Acceptable Use Policy, which forms part of these Terms. In summary, you must not use the Service to break the law, infringe the rights of others, process data you have no lawful basis to process, send spam or malware, attempt unauthorised access, overload or disrupt the Service, or reverse engineer, copy, or resell it except as mandatory law permits.

8.2. You are responsible for the lawfulness of the data you give to Hermes, for the use you make of connected services, and for the actions of anyone you allow to use your Account. Where you enter personal data of other people into your memory, you act as the data controller for that data; see the Privacy Policy and the Data Processing Agreement.

9. Suspension and termination

9.1. You may stop using the Service and cancel at any time.

9.2. We may suspend or terminate your access if you materially breach these Terms, in particular the Acceptable Use Policy. Except where the law or an imminent threat requires immediate action, we will give you reasonable notice by email and, where appropriate, an opportunity to fix the breach.

9.3. Where there is an imminent legal or security risk, we may suspend access immediately and notify you promptly afterwards.

9.4. On termination, Section 10 (your data and server) and the refund treatment in the Refund Policy apply.

10. Your data and your server

10.1. Your data and your memory are yours. They are hosted in the EU on infrastructure as described in Section 3 and in the Privacy Policy. We do not sell your data and do not use the content of your memory to train AI models.

10.2. On cancellation or termination, you may, on request and at no extra charge, obtain an export of your data, so that your server and your data stay yours. We will provide the export within a reasonable period after your request.

10.3. After export and following our retention periods, we delete or return your data as described in the Privacy Policy.

11. Intellectual property

11.1. We and our licensors own all intellectual property rights in the Service, including the Hermes software, interfaces, and underlying technology. We grant you a non-exclusive, non-transferable, revocable right to use the Service during your subscription, for your own purposes, subject to these Terms.

11.2. You retain all rights in the content and data you provide. You grant us a limited licence to host, process, and transmit that content only as needed to operate the Service and as described in the Privacy Policy.

11.3. Outputs generated for you by Hermes are yours to use, subject to the limitations in Section 7 and to any third-party rights.

12. Limitation of liability

12.1. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under mandatory law, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer protection law. This Section is read subject to that.

12.2. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, for loss of profit, revenue, goodwill, or anticipated savings, or for loss or corruption of data that results from your acts or omissions or from third-party services (for example payment providers, hosting providers, AI model providers, or connected services).

12.3. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the fees you actually paid for the Service in the 12 months before the event giving rise to the claim.

12.4. Business customers. If you are a business customer, the following apply in addition, to the maximum extent permitted by law: we exclude all implied warranties and conditions; we are not liable for any loss arising from your use of, or reliance on, outputs or approved actions; and our liability for all claims in any 12-month period is capped as in Section 12.3. These limits reflect the price of the Service and the allocation of risk between us.

12.5. The exclusions and limits in this Section apply to the maximum extent permitted by the law of the Netherlands and, for consumers, do not affect mandatory rights under the law of your country of residence.

13. Indemnity (business customers)

If you are a business customer, and to the extent permitted by law, you will hold us harmless from third-party claims, losses, and reasonable costs arising out of your unlawful use of the Service, your breach of the Acceptable Use Policy, your use of connected services, or your processing of personal data without a lawful basis. This Section does not apply to you where you act as a consumer.

14. Force majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including outages of third-party infrastructure, network failures, acts of public authorities, or natural events. We will take reasonable steps to limit the effect.

15. Changes to these Terms

15.1. We may update these Terms. For material changes (for example to price or to how your data is handled) we will give you at least 14 days’ notice by email before the change takes effect.

15.2. If you do not accept a material change, you may cancel before it takes effect; Section 10 and the Refund Policy apply.

16. Governing law and disputes

16.1. These Terms are governed by the law of the Netherlands.

16.2. The courts of the Netherlands (Amsterdam) have jurisdiction, without prejudice to any mandatory right a consumer has to bring proceedings in, or to rely on the mandatory law of, the consumer’s country of residence in the European Union or European Economic Area.

16.3. If you have a concern, please contact us first at hello@intakto.eu so we can try to resolve it directly. If we cannot resolve it, consumers may refer the matter to a competent alternative dispute resolution (ADR) or consumer body in their country of residence, or to the competent court. We are not obliged to, and do not generally, participate in proceedings before a consumer arbitration body.

17. Governing language

These Terms, and the related Privacy Policy, Cookie Policy, Refund Policy, Cross-Border Payment Terms, Acceptable Use Policy, AI Policy, Data Processing Agreement, and Sub-processor List, are published in several languages for your convenience. The English version is the authoritative version; if there is any conflict or discrepancy between the English version and a translation, the English version prevails, except where mandatory local law requires otherwise.

18. Miscellaneous

18.1. If any provision is found unenforceable, the rest of the Terms remain in effect.

18.2. Our failure to enforce a provision is not a waiver of it.

18.3. The Privacy Policy, Cookie Policy, Refund Policy, Cross-Border Payment Terms, Acceptable Use Policy, AI Policy, Data Processing Agreement, and Sub-processor List form part of your agreement with us.

18.4. You may not transfer your rights under these Terms without our consent. We may transfer ours to an affiliate or successor, without reducing your rights.

19. Contact

HumanOps B.V., Amsterdam, 1091EE, Netherlands. Email: hello@intakto.eu. KvK number: [KvK number - to be added]. VAT/BTW number: [BTW number - to be added].

This document is provided for information and is not legal advice.