Terms & Conditions

1. Definitions

In these Terms & Conditions:

• "Maike", "we", "us", or "our" refers to Maike, a business operated by Nimbostratus B.V., a company registered in the Netherlands (Chamber of Commerce: 59740086, VAT: NL853625578B02), with correspondence address at P.O. Box 61005, 2506AA The Hague, Netherlands.
• "Service" refers to the Maike AI email assistant service, delivered as a cloud-based hosted platform including all associated software and infrastructure.
• "Customer", "you", or "your" refers to any individual or entity that subscribes to or uses the Service.
• "Agreement" refers to these Terms & Conditions together with any service agreement, order form, or proposal accepted by you.

2. Acceptance of Terms

By ordering, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these terms, you must not use the Service.

We reserve the right to modify these Terms & Conditions at any time. Continued use of the Service after such modifications constitutes acceptance of the updated terms.

3. Service Description

Maike provides an AI-powered email assistant service delivered as a cloud-based, hosted platform. The Service includes:

• Secure cloud-hosted email processing infrastructure
• AI email processing and response capabilities
• Initial setup and bespoke configuration assistance
• Automatic software and platform updates
• Ongoing technical support

Important: Email content is processed in real-time but is never stored on our infrastructure. Emails are retrieved from your email provider, processed by our AI systems, and responses are sent directly through your email account. No email content is retained on our servers after processing.

The Service utilises third-party AI processing services (including Anthropic's Claude API) to analyse and generate email responses. By using the Service, you acknowledge and consent to your email content being processed by these third-party services in accordance with their respective terms and privacy policies.

4. Customer Obligations

You agree to:

• Provide accurate and complete information during registration and setup
• Maintain the security of your email credentials and any access codes provided
• Not attempt to reverse engineer, modify, or tamper with the software or platform
• Use the Service only for lawful purposes and in compliance with all applicable laws
• Inform recipients that AI assistance may be used in correspondence where required by law
• Maintain appropriate backups of your email data

5. Fees and Payment

5.1 Pricing

The Service is offered at the following rates (all prices exclude VAT):

• Setup Fee: €99 (one-time) — covers bespoke configuration and onboarding
• Monthly Subscription: €29 per month — includes unlimited email processing, platform access, and ongoing support

5.2 Payment Terms

Unless otherwise specified:

• All fees are quoted in Euros and exclusive of VAT
• The setup fee is due upon commencement of the Service
• Monthly subscription fees are billed in advance on the first day of each billing period
• Payment is due within 14 days of invoice date
• Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
• All fees are non-refundable unless expressly stated otherwise
• We reserve the right to adjust fees upon 30 days' written notice

6. Service Access and Use

The Service is provided as a cloud-based hosted platform. Unless otherwise agreed in writing:

• Access to the Service is provided via secure internet connection
• You are responsible for maintaining adequate internet connectivity to use the Service
• Your subscription grants you the right to use the Service for the duration of your agreement
• The Service may not be resold, sublicensed, or shared with third parties without our written consent

7. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, algorithms, designs, and documentation, remain the exclusive property of Maike or our licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during the term of your agreement.

You retain ownership of your email content and data. By using the Service, you grant Maike a limited licence to process this content as necessary to provide the Service.

8. Service Availability and Support

We aim to provide reliable Service but do not guarantee uninterrupted availability. The Service depends on:

• Your network and internet connectivity
• Third-party AI processing services
• Your email provider's availability

Support is provided during business hours (Monday-Friday, 9:00-17:00 CET) via email. Response times and support scope are as specified in your service agreement.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We do not warrant that the Service will be error-free, that AI-generated responses will be accurate or appropriate, or that the Service will meet your specific requirements.
• Our total liability for any claims arising from or related to the Service shall not exceed the fees paid by you in the twelve (12) months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• We shall not be liable for any damages arising from email responses generated by the AI, including inappropriate content, errors, or omissions.

You acknowledge that AI systems may occasionally produce unexpected or incorrect outputs, and you are responsible for reviewing escalated matters and implementing appropriate oversight.

10. Indemnification

You agree to indemnify, defend, and hold harmless Maike, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your breach of these Terms & Conditions
• Your violation of any applicable law or regulation
• Any content processed through the Service at your direction
• Any claim by a third party relating to emails sent using the Service

11. Term and Termination

The Service operates on a monthly subscription basis. Unless otherwise agreed:

• The subscription automatically renews each month unless either party provides 30 days' written notice of cancellation
• We may suspend or terminate the Service immediately if you breach these Terms & Conditions
• We may terminate the Service with 30 days' notice for any reason
• Upon termination, access to the Service will be disabled and your data will be handled in accordance with our Privacy Policy
• Fees paid are non-refundable upon termination, except where termination is due to our material breach

12. Data Processing

Details regarding how we collect, use, and protect your personal data are set out in our Privacy Policy, which forms part of this Agreement.

You acknowledge that to provide the Service, email content must be transmitted to third-party AI providers for processing. While we take reasonable measures to protect data in transit and work with reputable providers, you accept the inherent risks of such processing.

13. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party and to use such information only for purposes of this Agreement. This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

14. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

15. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or related to these Terms & Conditions or the Service shall be subject to the exclusive jurisdiction of the courts of The Hague, Netherlands.

16. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms & Conditions, together with any service agreement, order form, and Privacy Policy, constitute the entire agreement between you and Maike regarding the Service and supersede all prior agreements and understandings, whether written or oral.

18. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations to any successor or affiliate without your consent.

19. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision shall not constitute a waiver of such right or provision.

20. Contact Information

For questions regarding these Terms & Conditions, please contact us: