Terms of Service

These Terms of Service constitute a legally binding agreement between you and Alpha Digital B.V. (trading as Custos AI). By creating an account or using the Service, you agree to be bound by these Terms.

1. Definitions

• "Account" — your registered user account on the Service.
• "API Key" — the authentication credential issued to you by a third-party LLM Provider, which you configure within the Service under the BYOK model.
• "BYOK" (Bring Your Own Key) — the model under which you supply and manage your own API Keys for third-party LLM Providers. Custos AI does not supply, resell or intermediate LLM access.
• "Content" — any data, text, files, prompts, conversations or other material you upload to, generate through, or store on the Service.
• "LLM Provider" — a third-party provider of large language model services, such as OpenAI, Anthropic, Google or Mistral. The list of supported LLM Providers may be updated from time to time.
• "Plan" — the subscription tier selected by you, as described in Section 5.
• "Workspace" — an isolated organisational environment within the Service, within which team members collaborate.

2. Description of the Service

Custos AI provides a multi-LLM chat platform that enables you to interact with various LLM Providers through a single, GDPR-compliant interface hosted on servers located within the European Union (Frankfurt, Germany and Amsterdam, Netherlands).

The Service includes, depending on your Plan: a chat interface supporting multiple LLM Providers, BYOK configuration, built-in API cost protection with hard budget limits, file upload and storage, user authentication with multi-factor authentication, team and workspace management, an admin dashboard, data loss prevention features, and a multilingual interface.

Important: Custos AI does not itself provide artificial intelligence or language model capabilities. The Service acts as an interface and management layer between you and the LLM Providers whose API Keys you configure. All AI-generated output originates from third-party LLM Providers, not from Custos AI.

3. Account Registration and Eligibility

• To use the Service, you must create an Account and provide accurate, complete registration information.
• You must be at least 18 years of age and have the legal capacity to enter into these Terms.
• You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. Notify us immediately at security {at} custosai.eu if you become aware of any unauthorised use.
• We reserve the right to refuse registration, suspend or terminate any Account at our discretion if we reasonably believe these Terms are being violated.

4. BYOK — Bring Your Own Key

The Service operates exclusively on a BYOK model. You are required to provide your own API Keys for each LLM Provider you wish to use. Custos AI does not supply API Keys, does not resell LLM access, and does not charge any margin or surcharge on LLM usage.

Your API Keys are encrypted at rest using AES-256-GCM and are decrypted only in memory at the moment of use. They are never stored in plaintext, logged, or exposed in any system output.

You are solely responsible for:

• Obtaining and maintaining valid API Keys from each LLM Provider.
• Complying with the terms and conditions of each LLM Provider.
• All costs, charges and fees invoiced to you by LLM Providers in connection with your use of their services through the Service.
• Setting and managing budget limits within the Service to control your LLM spending.

Custos AI has no contractual relationship with the LLM Providers on your behalf. Custos AI is not liable for any costs you incur with LLM Providers, including costs resulting from misconfigured budget limits, API Key compromise, or changes in LLM Provider pricing.

5. Plans and Pricing

The Service is offered under the following hosted Plans, priced per user per month, exclusive of VAT:

Self-hosted plans are available as follows:

All prices are in euros and exclusive of applicable VAT or other taxes. Annual billing provides a 20% discount compared to monthly billing. Custos AI reserves the right to modify pricing with at least 30 days' prior written notice by email.

6. Free Trial

• New Customers on hosted Plans are entitled to a free trial period of 14 calendar days. No credit card or payment information is required to start the trial.
• During the trial, you have access to the full features of the selected Plan.
• At the end of the trial period, your Account will be suspended unless you subscribe to a paid Plan. Your Content will be retained for 30 days after suspension, after which it may be permanently deleted.
• Each Customer (identified by email address or organisation) is entitled to one free trial only.

7. Payment and Billing

• Per-user billing: Subscription fees scale with the number of active (invited and accepted) users in your Workspace. When you add or remove a user, Stripe automatically prorates the amount for the remainder of the billing period.
• Payments are processed by Stripe, Inc. By subscribing to a paid Plan, you agree to Stripe's terms of service in addition to these Terms.
• Subscription fees are billed in advance on a monthly or annual basis and are due on the billing date.
• All fees are non-refundable, except where required by applicable law or as expressly stated in these Terms.
• If a payment fails, we will notify you by email. If the payment remains outstanding for more than 14 days, we may suspend your access to the Service.
• VAT is calculated automatically by Stripe Tax: customers in the Netherlands pay 21% VAT, EU B2B customers with a valid VAT number benefit from the reverse charge mechanism (0% VAT), and non-EU customers are taxed according to applicable Stripe Tax rules.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to generate, store, transmit or distribute content that is unlawful, harmful, defamatory, fraudulent, or that infringes the rights of others.
• Use the Service to generate spam or engage in phishing or other deceptive practices.
• Attempt to circumvent the budget limits, authentication systems, or other technical controls of the Service.
• Reverse-engineer, decompile, or disassemble the Service, except to the extent permitted by applicable law.
• Use the Service to develop a competing product or service.
• Share your Account credentials with third parties or allow unauthorised access to your Account.
• Use the Service in a manner that imposes an unreasonable or disproportionately large load on our infrastructure.

9. Your Content and Data

You retain all rights, title, and interest in and to your Content. By uploading Content to the Service, you grant Custos AI a limited, non-exclusive licence to store, process, and transmit your Content solely for the purpose of providing the Service to you.

Custos AI does not claim any ownership over your Content and will not use your Content for any purpose other than providing the Service. In particular, Custos AI will never use your Content to train, fine-tune, or improve any AI model.

You are solely responsible for the accuracy, quality, legality, and appropriateness of your Content, and for ensuring that your use of the Service complies with all applicable laws, including data protection and privacy laws.

10. Service Availability

Custos AI aims for high availability of the Service as a best-effort commitment. We monitor uptime continuously and publish known incidents at our changelog. No specific uptime percentage is guaranteed under standard plans. Enterprise customers may negotiate availability terms bilaterally as part of their individual contract; no default numeric SLA is promised or implied by these Terms. We do not guarantee uninterrupted or error-free operation.

The Service may be temporarily unavailable due to scheduled maintenance (of which we will endeavour to give at least 24 hours' notice), emergency maintenance, or circumstances beyond our control. Custos AI is not liable for unavailability or degraded performance of third-party LLM Providers, which are outside our control.

11. Intellectual Property

• The Service, including its software, design, trademarks, documentation and all related intellectual property, is and remains the property of Custos AI or its licensors.
• Certain components of the Service are made available under open-source licences. Your rights to use those components are governed by the applicable open-source licence terms.
• Nothing in these Terms grants you any right, title or interest in the Service, our trademarks or our intellectual property, other than the limited right to use the Service in accordance with these Terms and your Plan.
• You may not use the Custos AI name, logo, or branding without our prior written consent.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Custos AI's aggregate liability to you for all claims arising out of or in connection with these Terms or the Service shall not exceed the total fees paid by you to Custos AI during the 12 months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, Custos AI shall not be liable for:

• Any indirect, incidental, special, consequential or punitive damages.
• Loss of profits, revenue, data, goodwill, or business opportunity.
• Costs, charges or fees incurred by you with any LLM Provider.
• Any damage resulting from your failure to maintain the confidentiality of your Account credentials or API Keys.
• Any damage resulting from the unavailability, errors, or output of third-party LLM Providers.
• Any damage resulting from your failure to configure appropriate budget limits.

The limitations in this Section shall not apply to liability for wilful misconduct or gross negligence, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under Dutch law.

13. Term, Cancellation and Termination

• Monthly subscriptions may be cancelled by you at any time. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of that period. For per-user subscriptions, removing a user triggers a pro-rata credit on your next invoice via Stripe.
• Annual subscriptions may be cancelled at any time but will remain active until the end of the current annual billing period. No pro-rata refunds are provided for annual subscriptions unless required by applicable law.
• You may cancel your subscription through your Account settings or by sending an email to support {at} custosai.eu.
• Payment failures: If an automatic payment fails, we apply a 7-day grace period with automated retries via Stripe Smart Retries. Chat access remains functional for the first 3 days; read-only access applies thereafter until the payment succeeds. After 7 days of continued failure, the subscription is cancelled automatically.
• Upon termination, your Content will be retained for 30 days, during which time you may export your data. After 30 days, your Content may be permanently deleted.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-laws provisions.

Any dispute arising out of or in connection with these Terms or the Service shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

If you are a consumer within the meaning of Dutch law, mandatory consumer protection provisions of your country of residence may apply in addition to these Terms, to the extent that such provisions cannot be derogated from by agreement.

15. Contact

Alpha Digital B.V., trading as Custos AI Stationsplein 26, 6512 AB Nijmegen, The Netherlands KvK: 72313129 · VAT: NL859069394B01

Legal: legal {at} custosai.eu Support: support {at} custosai.eu Security: security {at} custosai.eu