Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Agentyk products, websites, APIs, dashboard, and on-device software (together, the “Service”). They form a binding agreement between you and Sylvanity B.V. By creating an account, clicking to accept, or otherwise using the Service, you agree to these Terms, our Acceptable Use Policy, our Privacy Policy, and our Model Notices, each of which is incorporated by reference. If you do not agree, do not use the Service.

1. Who we are

The Service is operated by Sylvanity B.V., a private limited company registered in the Netherlands (KvK: 96488646; BTW: NL867632860B01), with its registered seat in Delft. References to “we”, “us”, “our”, or “Agentyk” mean Sylvanity B.V. You can reach us at info@sylvanity.eu.

2. The Service

We provide European-sovereign AI infrastructure: hosted language models (via the AgentykCloud chat surface and our OpenAI-compatible APIs, including Agentyk Scribe speech-to-text), three pure-C engines (inference, forecasting, retrieval), the licensing and account API at api.agentyk.xyz, the supporting dashboard, and optional on-device clients. The Service evolves: we may add, change, or discontinue features, model tiers, or endpoints, and we will use reasonable efforts to give notice of material changes that adversely affect paid use.

3. Eligibility and accounts

You must be at least 16 years old to use the Service. If you use it on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” includes it. You are responsible for keeping your credentials and API keys confidential, for all activity under your account, and for promptly notifying us at info@sylvanity.eu of any suspected unauthorised use. You must provide accurate account and billing information and keep it up to date.

4. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which lists prohibited uses, your responsibilities as an integrator, and how we enforce. Breach of the AUP is a breach of these Terms and may result in suspension or termination as described below.

5. AI output — nature and your responsibility

The Service uses machine-learning models that generate output probabilistically. You acknowledge and accept that:

• Output may be inaccurate, incomplete, outdated, biased, or otherwise inappropriate, and may misstate facts (so-called “hallucinations”). Similar prompts may produce different output, and other users may receive similar output.
• Output is not professional advice (including medical, legal, financial, or safety advice) and is not a substitute for a qualified professional.
• You are responsible for evaluating and verifying output before relying on it, and for any decision you make based on it. You must not use output as the sole basis for decisions with significant legal, financial, safety, or health consequences for any person without qualified human review.
• We give no warranty that output is accurate, fit for a particular purpose, or free of third-party rights, and we are not liable for actions taken in reliance on it, to the extent permitted by law.

6. Your content

You retain all rights you hold in the inputs you submit (“Input”) and, as between you and us, in the output generated for you (“Output”). You grant us a limited, worldwide, royalty-free licence to host, process, and transmit your Input and Output solely to operate, secure, and provide the Service to you. You represent and warrant that you have all rights, permissions, and a lawful basis necessary to submit your Input (including any personal data it contains) and to receive and use the Output, and that doing so does not infringe any third-party right or violate any law or the AUP. We do not use your Input or Output to train our models.

7. Intellectual property

The Service, including our software, the C engines, the dashboard, the APIs, our model deployments, and the Agentyk and Sylvanity names and logos, is owned by us or our licensors and is protected by intellectual property law. The open-weight foundation models we build on remain subject to their own licences — see our Model Notices. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service. You may not reverse-engineer, decompile, or extract the weights or source of our models or engines; circumvent licensing, rate limits, or entitlements; resell or sublicense raw API access except as expressly agreed; or remove or obscure any proprietary notice.

8. Subscriptions, fees, billing, and usage limits

Paid plans are recurring subscriptions billed monthly via Mollie (Amsterdam, NL). When you subscribe, we first place a refundable verification charge of €0.01 to confirm your payment method and set up a payment mandate; we refund this amount to you automatically. Your plan then renews automatically each month: until you cancel, we charge your saved payment method the current price for your plan, with no further action needed from you. The Plus plan includes a 14-day free trial— we take your first payment at the end of the trial, and you can cancel at any time during the trial at no charge. Other plans start billing right away.

Where a promotional or discounted price applies, it applies only for the number of monthly billing cycles stated with the offer at the time you subscribe; after that number of cycles the subscription automatically reverts to the standard list price for the plan. The duration of any discount is shown together with the offer wherever it is advertised.

You may cancel at any time from your dashboard; cancellation stops future renewals and takes effect at the end of the current paid period, and you keep access until then. We may change prices for future periods on reasonable prior notice; the new price applies only from your next renewal. Prices are in euro and include Dutch VAT (BTW) at the applicable rate (currently 21%) where due; the net amount and the VAT are shown on your receipt. Except where required by mandatory law (including the right of withdrawal below) and except for the automatic €0.01 verification refund, fees already paid are non-refundable.

Usage limits. Each plan includes usage allowances and limits — for example monthly message, API request, and audio-minute quotas, the set of models available, and device limits. These allowances and limits, and the models and features included in each plan, are set by us and may be changed, increased, reduced, restricted, or otherwise adjusted at any time, at our sole discretion, and without prior notice to you. We may also apply technical, rate, or fair-use controls to protect the Service and other customers. Your continued use of the Service after any such change constitutes your acceptance of it; if a change is not acceptable to you, your remedy is to cancel.

9. Right of withdrawal (consumers)

If you are a consumer in the EU, you normally have 14 days to withdraw from a distance contract without giving a reason. Because the Service is digital content and services supplied immediately, by subscribing and starting to use the Service you expressly request that we begin performance during the withdrawal period and you acknowledge that you thereby lose your right of withdrawal once performance has begun, in accordance with Article 6:230p(d) of the Dutch Civil Code. This section does not apply to business customers.

10. Trials, credits, and beta features

Free tiers, trials, and promotional credits are provided as-is and may be modified or withdrawn at any time. Features labelled beta, experimental, or preview may be unstable, may change, and may be withdrawn without liability to you.

11. Availability and support

We use reasonable efforts to keep the Service available but do not guarantee uninterrupted or error-free operation, and there is no uptime commitment unless we have agreed a separate written service-level agreement with you. We may perform maintenance and may impose reasonable rate limits to protect the Service. Support is provided by email at info@sylvanity.eu.

12. Suspension and termination

You may stop using the Service at any time and delete your account from the dashboard. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms or the AUP, fail to pay, create a security or legal risk, or use the Service unlawfully — immediately where the breach is serious or the law requires, and otherwise on reasonable notice. On termination your right to use the Service ends; sections that by their nature should survive (including 6, 7, 13, 14, 15, 16, and 24) continue to apply.

13. Warranties and disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits any statutory rights you have as a consumer under Dutch law that cannot be excluded or limited by agreement.

14. Limitation of liability

• Nothing in these Terms excludes or limits our liability for intent or deliberate recklessness (opzet of bewuste roekeloosheid), for death or personal injury caused by our negligence, or for any liability that cannot lawfully be excluded.
• Subject to the above, we are not liable for indirect or consequential loss, or for loss of profits, revenue, data, goodwill, or anticipated savings, however arising.
• Subject to the above, our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the fees you paid to us for the Service in the 12 months preceding the event giving rise to the claim (or, if you use the Service free of charge, EUR 100).
• If you are a consumer, these limits apply only to the extent permitted by mandatory Dutch consumer law; where a limit would be unfair, your statutory rights prevail.

15. Indemnification

If you use the Service other than as a consumer, you will defend and indemnify us against any third-party claim, and any resulting losses, arising from your breach of these Terms or the AUP, your Input or Output, your use of the Service, or your infringement of a third party's rights. Consumers are responsible for such matters only to the extent provided by mandatory law.

16. Data protection

We process personal data in accordance with our Privacy Policy. Where we process personal data on behalf of a business customer as a processor, a data-processing agreement (DPA) governs that processing and is available from info@sylvanity.eu.

17. Third-party services and external tools

The Service integrates third parties listed in our Privacy Policy (including Mollie for payments). The Service may also let you enable or invoke external tools and integrations across different parts of the lineup — for example web search, agentic tool-calling, retrieval from external sources, or tools, connectors, and APIs you choose to use. When you enable or invoke such a tool, your data (such as a query, prompt content, audio, or other input) is sent to the relevant third party and is processed under that third party's own terms and privacy practices, which we do not control or monitor and for which we are not responsible. We do not know, and cannot guarantee, what those third parties do with data once it leaves the Service through a tool you have chosen to use. Deciding whether to use any external tool, and reviewing the third party's terms, is your responsibility. Open-weight models are used under their respective licences as described in the Model Notices.

18. Changes to these Terms

We may update these Terms from time to time. For material changes that adversely affect you, we will give registered users at least 30 days' notice by email before the change takes effect, and you may terminate your subscription before it does. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. Non-material changes (such as clarifications or typo fixes) take effect when posted, reflected by the “Last updated” date above. If you do not accept a change, your remedy is to stop using the Service and, if applicable, cancel your subscription.

19. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of upstream providers, network or power failures, acts of government, or natural events.

20. Assignment, severability, entire agreement

We may assign these Terms in connection with a merger, acquisition, or reorganisation; you may not assign them without our consent. If any provision is held unenforceable, the rest remains in effect and the provision is replaced by an enforceable one closest to its intent. These Terms, together with the AUP, Privacy Policy, Model Notices, and any order form or SLA we sign with you, are the entire agreement between us regarding the Service.

21. Governing law and disputes

These Terms are governed by the laws of the Netherlands. Disputes are subject to the exclusive jurisdiction of the competent Dutch court for Sylvanity's registered seat (Rechtbank Den Haag), except that, if you are a consumer, you retain the protection of mandatory rules and the jurisdiction of the courts of your place of residence where the law so provides. Consumers in the EU may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.