Terms of Service

1. Agreement to Terms

By accessing or using Rekindo ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

Rekindo is operated by Johan van der Boog, based in the Netherlands. These terms are governed by Dutch law.

2. Description of Service

Rekindo is a B2B after-sales email automation platform. The Service allows businesses to automatically generate personalized follow-up emails to customers after appointments, services, or purchases using AI technology.

3. User Accounts

To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activities that occur under your account.

You must provide accurate and complete information when creating an account. You may not use another person's account without permission.

4. User Content and Customer Data

You retain ownership of any content you upload to the Service, including images and business data ("User Content"). By uploading content, you grant Rekindo a limited license to process, store, and use your content solely for the purpose of providing the Service.

You are solely responsible for ensuring you have the right to send emails to your customers and that you comply with applicable email marketing and data protection laws (including GDPR and CAN-SPAM).

• You must have proper consent from customers to contact them
• Your content must not violate any laws or third-party rights
• You must not use the Service to send spam or unsolicited emails

Data Processing Role (GDPR)

When you use the Service to process your customers' personal data, you act as the data controller and Rekindo acts as the data processor under GDPR. This means:

• You are responsible for having a lawful basis (such as consent) to process your customers' data
• Rekindo only uses your customers' data to provide the Service to you, nothing else
• Rekindo does not sell, share, or use customer data for its own purposes

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or spam
• Send emails without proper recipient consent
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service
• Use automated systems to abuse the API
• Share your API keys with unauthorized parties

6. Payments, Subscriptions, and Billing

Subscription Model

Rekindo operates on a subscription basis with usage-based pricing. Your subscription includes a base fee plus charges for active brands and active customers. "Active" means at least one event was processed during the billing period.

Billing Cycle

Subscriptions are billed monthly in advance for the base fee. Usage-based charges (extra brands and active customers) are calculated and billed at the end of each billing period based on actual usage.

Payment Processing

All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information current.

Price Changes

We reserve the right to modify our pricing at any time. Price changes may occur due to inflation, increased costs, or service improvements (indexation). We will notify you at least 30 days before any price increase takes effect. If you do not agree with the new pricing, you may cancel your subscription before the change takes effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

No Refunds

All payments are final and non-refundable. By subscribing to the Service, you acknowledge and agree that:

• No refunds will be provided for any subscription fees, including partial months
• No refunds will be provided for usage-based charges already incurred
• No refunds will be provided if you cancel before the end of your billing period
• No refunds will be provided if your account is terminated for violating these Terms
• Unused credits, features, or services do not carry over and are not refundable

This no-refund policy applies to the fullest extent permitted by applicable law. We encourage you to evaluate the Service thoroughly before subscribing.

Cancellation

You may cancel your subscription at any time through the billing settings in your account or by contacting us. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will be charged for any usage incurred up to the cancellation date
• No prorated refunds will be issued for the remaining period
• After the billing period ends, your access to paid features will be revoked
• Your account and data remain intact; you can resubscribe at any time

To permanently delete your data, you must delete your account through your profile settings.

Failed Payments

If a payment fails, our payment processor (Stripe) will automatically retry collection according to their retry schedule. If payment cannot be collected after multiple attempts, we reserve the right to suspend or terminate your access to the Service. Outstanding balances remain due and may be subject to collection efforts.

Taxes

All prices displayed on the Service are exclusive of VAT and other applicable taxes. VAT may be added at checkout where applicable. Business customers with a valid VAT identification number may be exempt under the reverse charge mechanism. You are responsible for any applicable taxes imposed by your jurisdiction.

7. Intellectual Property

The Service, including its design, features, and content (excluding User Content), is owned by Rekindo and protected by copyright and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without permission.

8. AI-Generated Content

The Service uses artificial intelligence (AI) and large language models (LLMs) to generate email content. You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, misleading, or inappropriate despite our best efforts
• The quality of AI output depends significantly on the data you provide (customer information, event details, business context)
• If you create or customize prompts (instructions to the AI), you are responsible for ensuring they produce appropriate content
• AI systems are probabilistic and may produce different or unexpected results even with identical inputs
• We do not guarantee that AI-generated content will be suitable for your specific business needs, industry, or audience
• If you enable automatic sending (auto-approve), you accept full responsibility for all content sent without manual review

By using the Service, you accept full responsibility for any emails sent to your customers, regardless of whether the content was AI-generated or whether you reviewed it before sending. Enabling automatic sending features means you accept the inherent risks of unreviewed AI-generated content.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that AI-generated content will be accurate, appropriate, or free from errors. Your use of the Service is at your own risk.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Rekindo, its operators, affiliates, and their respective officers, directors, employees, and agents shall not be liable for any damages whatsoever, including but not limited to:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from AI-generated content, including inaccurate, inappropriate, offensive, or misleading content
• Damages resulting from emails sent to your customers, regardless of content
• Damages caused by service interruptions, errors, or security breaches
• Damages arising from third-party services (AI providers, email delivery, payment processors)
• Any claims brought against you by your customers or third parties

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Termination

You may terminate your account at any time by deleting it through your profile settings. Upon termination, your data in Rekindo will be permanently deleted, including your account information, business data, customer records, and email history.

Payment records and invoices stored by Stripe are retained separately for legal and financial compliance purposes and are not deleted when you delete your Rekindo account.

We reserve the right to suspend or terminate your account if you violate these terms or for any other reason at our discretion.

12. Indemnification

You agree to indemnify, defend, and hold harmless Rekindo, its operators, affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service
• Any emails sent through the Service, including AI-generated content
• Claims by your customers or third parties related to emails or communications
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content, including customer data, business information, and any custom prompts or instructions you provide
• Your violation of any applicable laws, including email marketing, data protection, and consumer protection laws

This indemnification obligation survives the termination of your account and these Terms.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, power outages, internet or telecommunications failures, government actions, or failures of third-party service providers (including AI providers, payment processors, or cloud hosting services).

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, either party may submit the dispute to the competent courts in the Netherlands.

If you are a consumer residing in the European Union, you may also be entitled to refer the dispute to an online dispute resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rekindo regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

17. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a third party, including in connection with a merger, acquisition, or sale of assets, without your consent but with notice to you.

18. Changes to Terms

We may update these terms from time to time. We will notify you of significant changes by posting a notice on the Service or by email at least 30 days before the changes take effect. Your continued use of the Service after changes constitutes acceptance of the new terms. If you do not agree to the updated terms, you must stop using the Service.

19. Contact

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