1. Target Audience and Scope

1.1. B2B Service

Eric.Build is a terminal/IDE (integrated development environment) exclusively intended for businesses and persons acting in the course of trade or profession. By accepting this Agreement, the Customer declares that the Customer is acting in the course of a business enterprise and not as a consumer.

1.2. No Consumers

Eric.Build may not be used by consumers. If Eric.Build obtains reasonable grounds to suspect that a Customer is using the Service as a consumer, Eric.Build is entitled to close the account with short notice, provided that the Customer may export their data and receive a refund of any unused balance.

1.3. Acceptance of Terms

By creating an account, making a payment, or otherwise using Eric.Build, the Customer accepts these Terms and confirms that the Customer is not using the Service as a consumer.

2. Definitions

2.1. Service/Eric.Build

A terminal and IDE platform (software-as-a-service) provided by Eric.Build. Eric.Build itself is NOT an AI model, but a terminal that integrates third-party models (e.g., OpenAI, Anthropic, etc.) to generate content.

2.2. Customer

A legal entity (company, organization, etc.) or natural person acting in the course of an independent business enterprise. The Customer is not acting as a consumer. This also follows from sections 1.1–1.3.

2.3. Authorized User

Any person authorized by the Customer to use the Service on the Customer's behalf.

2.4. Customer Data

All data, text, information, or other material that the Customer or its Authorized Users enter, upload, or otherwise transfer to the Service.

2.5. AI Output

All text, information, data, or other content generated by third-party models (such as OpenAI, Anthropic, etc.) through Eric.Build in response to input from the Customer or its Authorized Users. Eric.Build is not responsible for the quality or accuracy of AI Output.

2.6. Ownership of AI Output

The Customer owns its input (Customer Data) and may use AI Output for any lawful purpose. Eric.Build does not claim ownership of AI Output. The Customer acknowledges that AI Output may not be unique and similar output may be generated for other users.

3. The Service and License

3.1. License Grant

Eric.Build hereby grants the Customer a non-exclusive, non-transferable, and limited-term right to access and use Eric.Build in accordance with this Agreement.

3.2. Payment Model

Eric.Build uses a prepaid model ("pay-as-you-go"), where the Customer deposits an amount that can be used to access Eric.Build's functions. There is no binding contract or fixed subscription periods. Service consumption is billed on a rolling basis against the prepaid balance.

3.3. Changes and Operation

Eric.Build reserves the right to continuously update, modify, and improve the Service. Eric.Build strives for the highest possible operational stability but does not guarantee that the Service is free from errors, interruptions, or downtime. Eric.Build is not responsible for downtime or errors in third-party models (OpenAI, Anthropic, etc.).

3.4. Self-Service Model

Eric.Build is exclusively based on self-service. There is no technical support, customer service, or assistance from Eric.Build. The Customer is solely responsible for learning to use Eric.Build through documentation, tutorials, and other self-service resources provided by Eric.Build.

3.5. Data Portability (EU Data Act)

In accordance with the EU Data Act (Regulation (EU) 2023/2854), the Customer may request to have their Customer Data provided in a structured, commonly used, and machine-readable format. By default, data is provided via the self-service interface. Eric.Build may charge a reasonable fee for manual assistance with complex data portability requests, to the extent permitted by applicable law. The format and scope of data portability comply with the EU Data Act and applicable law. Requests will be processed within 30 days. Where applicable, Eric.Build will support switching and exit to the extent required by the EU Data Act. Any fees for manual assistance will only be charged to the extent permitted by law and limited to directly incurred costs.

4. Customer Obligations

4.1. Responsibility for Authorized Users

The Customer is fully responsible for all actions taken by its Authorized Users and must ensure that they comply with this Agreement.

4.2. Lawful Use

The Customer guarantees that the Service will not be used for unlawful purposes, including but not limited to infringement of third-party intellectual property rights, money laundering, fraud, spam, or distribution of harmful content.

4.3. Prohibited Use

It is strictly prohibited to attempt reverse engineering, decompilation, circumvention of security measures, or any other attempt to gain access to the Service's source code or underlying components.

4.4. Responsibility for AI Output

The Customer acknowledges and accepts that AI Output is generated by complex algorithms and may contain errors, inaccuracies, hallucinations, or outdated information. The Customer is solely responsible for critically evaluating, verifying, and validating all AI Output before using it for any purpose. Any decision or action taken based on AI Output is at the Customer's own and full risk.

4.5. Third-Party Models

The Customer accepts that Eric.Build uses third-party models (e.g., OpenAI, Anthropic, etc.) to generate content. Eric.Build is NOT itself an AI model, but a terminal that integrates these models. Eric.Build discloses on its website which third-party models are used. Eric.Build is not responsible for errors, limitations, or behavior of third-party models. The Customer may not use AI Output to create deepfakes, manipulated images, or videos that may be misleading or harmful.

5. Payment and Refund

5.1. Top-Up

Access to the Service requires prepayment. Deposited amounts may be refunded only under the conditions specified in section 5.3.

5.2. Pricing

All prices are stated in US dollars (USD) and exclude VAT and other applicable taxes as provided by law.

5.3. Refund Policy

The Customer may receive a refund of deposited amounts if the Service has not been used. "Not used" means that no billable usage has occurred (including API calls, model invocations, or other chargeable consumption). Refunds may be requested within 14 days of deposit. After 14 days or once the Service has been used, no refunds are provided. Refunds are processed within 10 business days.

5.4. No Refund on Used Balance

Once the Customer has used portions of the deposited balance, no refund is provided on the used amount.

5.5. Priority in Case of Conflict

In case of conflict between this section (Payment and Refund) and other sections regarding account deletion or suspension, this section prevails. Account deletion does not remove the right to a refund under section 5.3 if the conditions are met.

6. Intellectual Property Rights

6.1. Eric.Build's Rights

Eric.Build or its licensors own all intellectual property rights, including copyright, trademarks, and trade secrets, in the Service and underlying software. This Agreement does not grant the Customer any ownership rights in the Service.

6.2. Customer's Rights

The Customer retains ownership of all Customer Data. The Customer grants Eric.Build a worldwide, royalty-free license to process, store, and otherwise use Customer Data for the sole purpose of delivering and maintaining the Service in accordance with this Agreement. Anonymized and aggregated data may be used to improve the Service's algorithms and performance.

7. Disclaimers and Limitation of Liability

7.1. Disclaimer for AI Output

THE SERVICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." ERIC.BUILD EXPRESSLY DISCLAIMS ANY LIABILITY AND ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS OF AI OUTPUT. ERIC.BUILD IS NOT RESPONSIBLE FOR ERRORS, LIMITATIONS, OR BEHAVIOR OF THIRD-PARTY MODELS. THE CUSTOMER USES AI OUTPUT AT THEIR OWN RISK AND IS SOLELY RESPONSIBLE FOR VALIDATING THE RESULTS.

7.2. General Disclaimer

Eric.Build disclaims any warranty that the Service will be uninterrupted, secure, or error-free. Eric.Build is not responsible for downtime or errors in third-party models.

7.3. Limitation of Liability

Eric.Build shall in no event be liable for indirect damages, consequential damages, business interruption, data loss, lost profits, lost revenue, lost opportunities, or other similar damages, regardless of how they arise. This also applies to errors or downtime in third-party models.

7.4. Maximum Liability

Eric.Build's total aggregate liability is limited to (i) the total fees actually paid by the Customer to Eric.Build in the last 12 months, or (ii) 100 USD, whichever is higher. However, if the Customer has paid no fees at all, Eric.Build's maximum liability is 0 USD.

7.5. Liability for Lack of Support

Since the Service is 100% self-service without technical support, Eric.Build cannot be held liable for lack of support, guidance, or assistance. The Customer fully accepts this model by accepting this Agreement.

7.6. Exceptions

Nothing in this Agreement limits Eric.Build's liability to the extent that such limitation is prohibited by mandatory law (including, where applicable, liability for intent and gross negligence or personal injury). The disclaimers regarding AI Output in section 7.1 shall, however, be interpreted as broadly as possible in favor of Eric.Build within the limits of applicable law.

8. Data Protection

Processing of personal information in connection with the delivery of the Service is governed by a separate Data Processing Agreement, which is an integral part of this Agreement. The Customer is the data controller, and Eric.Build is the data processor under the GDPR. The Data Processing Agreement must be accepted by the Customer upon account creation.

8.1. Right to Be Forgotten

In accordance with GDPR Article 17, the Customer may request deletion of personal information. Eric.Build will delete personal information within 30 days of such a request, unless law requires longer retention. The Customer may initiate deletion through the Service's self-service interface by deleting their account. No refund is provided in connection with account deletion or deletion of personal information, unless otherwise provided in Section 5.3.

9. Confidentiality

Both parties undertake to treat all non-public information they receive about the other party in connection with this Agreement as strictly confidential.

10. Account Suspension and Termination of Access

10.1. Suspension for Suspected Misuse

Eric.Build reserves the right to suspend or terminate the Customer's access to the Service temporarily or permanently if there are reasonable grounds to suspect or if there is a confirmed breach of this Agreement, including section 4.2 (lawful use) and section 4.3 (prohibited use).

10.2. Reason

Upon suspension or termination, Eric.Build will provide the Customer with a brief written reason, which will typically be "breach of terms" or "suspected misuse." Eric.Build is not obligated to disclose technical details or full documentation of the suspicion.

10.3. Immediate Effect

Suspension or termination may take effect immediately without prior notice if the suspected misuse is serious or if there is a risk of continued harm.

10.4. Request for Review

The Customer may request a review of the suspension or termination within 14 days by contacting Eric.Build. Eric.Build will consider the request in good faith. However, the decision remains at Eric.Build's sole discretion.

10.5. Eric.Build Error

If a suspension or termination is found to be based on an error by Eric.Build, Eric.Build will reopen the account, and the Customer will be able to continue using any remaining balance.

10.6. No Refund

No refund is provided on remaining balance upon suspension or termination of access, unless the suspension is due to an error by Eric.Build. This does not apply to termination under section 1.2 (suspected consumer use), where unused balance is refunded.

11. Duration and Termination

11.1. Duration

The Agreement becomes effective upon the Customer's acceptance and continues until terminated by either party.

11.2. Termination

The Customer may terminate the Service at any time. Eric.Build may terminate the Agreement with 30 days' notice. In case of material breach by the Customer, Eric.Build may terminate the Agreement with immediate effect.

11.3. Consequences of Termination

Upon termination, the Customer's access to the Service will be deactivated. The Customer is responsible for exporting their data before termination.

11.4. Account Deletion

The Customer may delete their account at any time through the Service's self-service interfaces. Upon account deletion, Customer Data will be deleted from active systems without undue delay. Backup copies are deleted within 30 days. Deletion cannot be reversed. Refunds are handled in accordance with Section 5.

12. Governing Law and Jurisdiction

This Agreement is governed by Danish law. Any dispute arising in connection with this Agreement shall be resolved amicably. If agreement cannot be reached, the dispute shall be decided by the Copenhagen City Court as the first instance. Eric.Build is located in Denmark.

13. Changes to Terms

Eric.Build reserves the right to modify these Terms. Material changes will be notified to the Customer via email with at least 30 days' notice. Continued use of the Service after the new terms take effect constitutes acceptance of the new terms.

1. Purpose and Scope

1.1.

This DPA governs the Data Processor's processing of personal information on behalf of the Data Controller in connection with the delivery of the Service.

1.2. Types of Personal Information

The information processed includes personal information that the Data Controller or its Authorized Users enter into the Service, typically email addresses, names, and any personal information contained in Customer Data.

1.3. Categories of Data Subjects

The data subjects are the Data Controller's employees (Authorized Users) and any third parties whose personal information is included in Customer Data.

1.4. Purpose of Processing

The purpose is exclusively to deliver the Service as described in the Main Agreement.

2. Data Processor Obligations

2.1. Instructions

The Data Processor may only process personal information upon documented instructions from the Data Controller, which include the provisions of the Main Agreement and this DPA.

2.2. Confidentiality

The Data Processor ensures that all employees authorized to process personal information are bound by appropriate confidentiality obligations.

2.3. Processing Security

The Data Processor implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, in accordance with GDPR Article 32.

2.4. Use of Sub-Processors

The Data Processor may not engage another data processor (sub-processor) without prior specific or general written authorization from the Data Controller. A list of approved sub-processors (including third-party models such as OpenAI, Anthropic, etc.) is available on Eric.Build's website. The Data Controller will be notified of any planned changes regarding the addition or replacement of sub-processors via email with at least 14 days' notice and has the opportunity to object. If an objection is raised, the parties will seek to resolve the matter amicably.

2.5. Transfer to Third Countries

Personal information is processed primarily in the EU/EEA. If transfer to countries outside the EU/EEA is necessary (e.g., when using third-party models), it occurs only under valid transfer mechanisms under GDPR Chapter V, such as EU Commission Standard Contractual Clauses (SCCs). The Data Controller will be informed of such transfers.

2.6. Assistance to the Data Controller

The Data Processor assists, taking into account the nature of the processing, the Data Controller in fulfilling its obligations to respond to requests from data subjects and in ensuring compliance with the obligations in GDPR Articles 32–36.

2.7. Security Breach Handling

The Data Processor notifies the Data Controller without undue delay upon becoming aware of a personal data breach.

2.8. Deletion and Return of Data

Upon termination of the Main Agreement or upon the Customer's request to delete the account, the Data Processor shall delete all personal information and delete existing copies without undue delay, unless law requires continued retention. Data is returned via self-service export. Backup copies are deleted within 30 days of account deletion. The Customer is responsible for exporting data before account deletion.

2.9. Audit

The Data Processor makes all necessary information available to the Data Controller to demonstrate compliance with this DPA through self-service interfaces and reports. Audits may be conducted once per year with at least 30 days' written notice. More frequent audits may be requested in case of a material security incident, regulatory request, or documented compliance concern. Audits may be limited or postponed for security and proportionality reasons. Costs are borne by the Data Controller (unless the audit reveals material non-compliance by the Data Processor).