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Terms of Service

Effective Date: January 1, 2025

1. Acceptance of Terms

By accessing or using the Euraika BV website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

Service Provider:
Euraika BV
Kabbeekvest 4
3300 Tienen, Belgium
Email: founders@euraika.net

2. Description of Services

Euraika BV provides AI compliance and governance solutions, including tools for regulatory alignment with frameworks such as the EU AI Act, GDPR, NIS2, and DORA. Our Services are designed to help organizations build transparent, ethical, and compliant AI systems.

3. User Responsibilities

By using our Services, you agree to:

  • Provide accurate and truthful information when using our Services
  • Use our Services in compliance with all applicable laws and regulations
  • Not use our Services for any unlawful or fraudulent purposes
  • Not interfere with or disrupt the integrity or performance of our Services
  • Not attempt to gain unauthorized access to our systems or networks

4. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and designs, are the exclusive property of Euraika BV or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

"Euraika" and the Euraika logo are trademarks of Euraika BV. All other trademarks, service marks, and logos used on our Services are the property of their respective owners.

You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

5. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using our Services, you consent to the practices described in our Privacy Policy.

6. Limitation of Liability

To the fullest extent permitted by law, Euraika BV 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
  • Service interruptions or errors
  • Unauthorized access to or alteration of your data

Our total liability for any claims arising from your use of the Services shall not exceed the amount you paid us (if any) in the 12 months preceding the claim.

7. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our Services will be uninterrupted, error-free, or secure.

8. Indemnification

You agree to indemnify, defend, and hold harmless Euraika BV, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

9. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease.

10. Consumer Rights (EU Directive 2011/83/EU)

If you are a consumer (a natural person acting for purposes outside your trade, business, craft, or profession), you have additional rights under EU consumer protection law:

  • Right of Withdrawal: For certain digital services, you may have a 14-day right of withdrawal. However, this right may not apply if the service has been fully performed with your explicit consent.
  • Unfair Terms: Any unfair contract terms as defined by EU Directive 93/13/EEC shall not be binding on consumers.
  • Mandatory Consumer Laws: Nothing in these Terms shall limit or exclude your rights under mandatory consumer protection laws in Belgium, Germany, or other EU member states.

11. Alternative Dispute Resolution (EU ODR Platform)

In accordance with EU Regulation 524/2013, we inform consumers about the Online Dispute Resolution (ODR) platform:

The European Commission provides an ODR platform for out-of-court dispute resolution, accessible at: https://ec.europa.eu/consumers/odr/

We are willing to participate in dispute resolution proceedings before consumer arbitration boards. However, we are not obligated to do so under Belgian or German law.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles. However:

  • For B2B Users: Any disputes arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of Belgium.
  • For Consumers: Consumers may bring proceedings in either the courts of Belgium or the courts of their habitual residence. Euraika BV may only bring proceedings against consumers in the courts of the consumer's habitual residence.
  • German Users: German users benefit from the protections of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and German consumer protection laws, which remain applicable.

13. German-Specific Provisions (BGB)

In accordance with German law, we provide the following additional information:

  • Liability for Intent and Gross Negligence: Notwithstanding Section 6, we are fully liable for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) under German law (BGB § 276).
  • Liability for Breach of Essential Obligations: For breaches of essential contractual obligations (Kardinalpflichten) caused by simple negligence, our liability is limited to foreseeable, typical damages.
  • Product Liability: Claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
  • Statutory Warranty Rights: Your statutory warranty rights under BGB §§ 434 ff. remain unaffected by these Terms.

14. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. Significant changes will be notified to you via email (if provided) or through a prominent notice on our website. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

15. Severability (Salvatorische Klausel)

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent and economic purpose of the invalid provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and GDPR Compliance statement, constitute the entire agreement between you and Euraika BV regarding your use of our Services and supersede all prior agreements and understandings.

17. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

Email: founders@euraika.net