Terms and Conditions (End Customers)
Atelyr B.V.
Version: 1
Effective date: 1 May 2026
1. Definitions
- Agreement: the agreement between Atelyr and the End Customer, consisting of the registration, the chosen Subscription, these Terms and Conditions, the Data Processing Agreement, and the Prohibited Use Policy.
- AI Service: a generative artificial intelligence service provided by a third-party supplier, which the End Customer selects and connects to the Software independently.
- Atelyr: Atelyr B.V., a Dutch private limited company, with its registered office at Dorpsstraat 324A, 1531 HW Wormer, registered in the trade register under number 99674327.
- End Customer: any natural person or legal entity that registers for use of the Software.
- Software: the cloud-based software solution offered by Atelyr.
- Subscription: the access licence to the Software chosen by the End Customer.
- Website: www.atelyr.ai or any other online environment used by Atelyr.
2. Applicability
These Terms and Conditions apply to all Agreements between Atelyr and the End Customer. By registering via the Website, the Software, or through a Partner, the End Customer accepts these Terms and Conditions and the Data Processing Agreement. Atelyr reserves the right to amend these Terms; amendments are communicated at least 30 days before they take effect.
3. Subscriptions and Registration
Atelyr offers subscription types with a monthly or annual Billing Period. The End Customer selects a Subscription upon registration. Upgrades take effect immediately on a pro-rata basis; downgrades take effect at the start of the next Billing Period.
4. Consumption and Minute Bundle
The Subscription gives access to the Software during the Billing Period, including the Minute Bundle per Usage Period. Unused minutes expire at the end of each Usage Period. Consumption exceeding the bundle is invoiced at the Overage Rates published on the Website.
5. Prices and Payment
All prices are exclusive of VAT. The subscription fee is invoiced in advance per Billing Period. Overages are invoiced in arrears. Atelyr may apply a Credit Limit, visible in the Software. Payment is by SEPA direct debit, credit card, or other accepted methods. Price changes are communicated at least 30 days in advance.
6. Duration and Termination
A monthly subscription is indefinite and renews monthly; an annual subscription renews annually. Termination may be at the end of the current Billing Period or with immediate effect; already paid fees are not refunded. Small Counterparties have additional monthly termination rights after annual renewal.
7. AI Services and End Customer Choice
The Software enables the End Customer to independently select and connect an AI service provider. The selection of an AI provider is solely the End Customer's responsibility. Atelyr is not responsible for the availability, performance, output, or processing activities of the chosen AI service. When the End Customer selects an AI provider, Atelyr concludes a data processing agreement with that provider on behalf of the End Customer.
8. Intellectual Property
All intellectual property rights in the Software, the Website, and all associated documentation vest exclusively in Atelyr. The End Customer is granted a non-exclusive, non-transferable, and revocable right to use the Software for the duration of the Subscription.
9. Use of the Software
The End Customer shall use the Software exclusively for lawful purposes and in accordance with these Terms, the Prohibited Use Policy, and applicable laws. The Software is intended exclusively for business use.
10. Privacy and Data Protection
Atelyr processes personal data in accordance with the GDPR. The Data Processing Agreement forms an integral part of the Agreement.
11. Liability
Atelyr is liable solely for direct damages resulting from an attributable failure. Atelyr is not liable for indirect or consequential damages. Liability is limited to the amount paid by the End Customer to Atelyr in the three months preceding the damaging event. Atelyr is not liable for disruptions of third parties including AI providers.
12. Availability and Maintenance
Atelyr aims for Software availability of at least 99% per calendar month, excluding maintenance. A daily maintenance window applies from 00:00 to 03:00 CET/CEST.
13. Force Majeure
Atelyr is not obliged to perform if performance is prevented by force majeure, including outages at AI providers, internet disruptions, cyberattacks, government measures, and natural disasters.
14. Governing Law and Disputes
These Terms are governed by Dutch law. The competent court in the district of Noord-Holland has exclusive jurisdiction, unless mandatory law prescribes otherwise.
15. General Provisions
If any provision proves void, the remaining provisions remain valid. Atelyr may transfer its rights and obligations under the Agreement subject to notification.
Atelyr B.V. Dorpsstraat 324A, 1531 HW Wormer, the Netherlands
Email: [email protected]
Website: www.atelyr.ai