A. General Terms and Conditions

1. Definitions and Applicability

1.1 Explanation of Terms Used

In these General Terms and Conditions, the following terms are used with a capital letter, both in singular and plural form. These terms are defined as follows:

• App: the education-related application that uses generative AI, offered by the Provider.
• Provider: Open Alfie B.V., the legal entity that offers and operates the App.
• User: the natural person (Consumer) or legal entity (Business User) that uses the App.
• Account: the personal environment of the User within the App, accessible via login credentials.
• Subscription: the agreement for the use of the App, such as "Alfie Starter," "Alfie Pro," or a "School License."
• AI: Artificial Intelligence, particularly generative AI technology used within the App.
• Input: All information, learning objectives, files, and other content entered by the User into the App.
• Material: all information, files, images, videos, and other content generated by the App.
• Generation Credits: A unit of account that gives Users of the free "Alfie Starter" Subscription the right to generate Material in the App.

1.2 Scope of the Terms

These General Terms and Conditions apply to any use of the App, including the creation of an Account, the generation of Material, and entering into a Subscription. By using the App, the User agrees to these terms. If the User does not agree to these terms, the use of the App must be discontinued immediately.

The Provider reserves the right to unilaterally modify these terms. Modified terms will be clearly communicated to Users in advance. If the User continues to use the App after the terms have been modified, they thereby accept the modified terms.

2. Use of the Service

2.1 Permitted and Prohibited Activities

The App is intended solely for legal and legitimate educational purposes. The User is not permitted to use the App for activities that violate the law, morality, or the rights of others.

In particular, it is not permitted to use the App to:

• Generate or share Material that infringes on the intellectual property rights of third parties;
• Generate or share Material with illegal, offensive, discriminatory, misleading, or otherwise inappropriate content;
• Collect or share personal information of others without consent;
• Use the App to bully, insult, or otherwise harm others;
• Circumvent or remove technical protection measures of the App.

2.2 Specific Terms for the Use of Generative AI

The App uses advanced generative AI technology. When using this technology, the following specific terms apply:

• The User acknowledges and agrees that the AI is self-learning and that the outcomes may vary. The Provider does not guarantee the quality, accuracy, suitability, or legality of the Material generated by the AI.
• The Material generated by the AI is based on large amounts of training data. Although the Provider strives to train the AI as well as possible, it cannot be ruled out that the generated Material may contain unintended bias, inaccuracies, or inappropriate content. The User should be alert to this and critically assess the Material.
• The User is not permitted to use the AI to:
• Generate Material that is presented as authentic human work, such as essays or assignments;
• Bulk generate large amounts of Material for commercial exploitation;
• Generate Material that can be used for identity fraud, such as profile photos of non-existent persons.

2.3 Guidelines for Generating Material

When generating Material via the App, the User must observe the following guidelines:

• Respect the intellectual property rights of others and do not use protected material without permission as input for the AI;
• Avoid generating Material with inappropriate, offensive, or harmful content;
• Be transparent about the fact that the Material was generated with the help of AI and do not present it as authentic human work;
• Carefully check generated Material for inaccuracies or unintended bias before it is used or shared.

The Provider reserves the right to remove Material that violates these guidelines and to block offending Accounts.

3. Intellectual Property Rights

3.0 Considerations on Intellectual Property

User acknowledges that the App is more than a simple AI tool. Provider has developed an advanced system that enriches the User's Input with didactic expertise and complex prompt engineering. This investment and creative contribution by the Provider is essential for the quality of the generated Material. To continue offering and improving this unique service, the following agreements on intellectual property apply.

3.1 Ownership of the App

All intellectual property rights relating to the App itself, including but not limited to the software, interface, logos, and documentation, are exclusively owned by the Provider or its licensors.

3.2 Ownership of and Warranty for Input

You retain all intellectual property rights to the Input you enter into the App. You warrant that you are the owner of, or possess all necessary rights and licenses for, your Input. You indemnify the Provider against all third-party claims arising from an (alleged) infringement of intellectual property rights by your Input.

3.3 Ownership of and License to Generated Material

You obtain the intellectual property rights to the unique Material generated for you, to the extent it is protected by copyright. You grant the Provider a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, create derivative works from, and publish your Input and the generated Material for the following purposes: (a) providing, maintaining, and improving the App; (b) performing analyses and training our (AI) models; and (c) compiling and exploiting a database of educational material. For clarity: you may use the Material for your own personal, non-commercial educational purposes.

4. Guaranteed Availability and Service Interruptions

The Provider strives to keep the App available as consistently as possible but does not guarantee uninterrupted or error-free availability.

The App is provided on an 'as is' and 'as available' basis. The User accepts that its operation depends on the availability of an internet connection and external services.

The Provider reserves the right to suspend access to the App without prior notice if this is necessary for maintenance, adjustments, or in the event of a calamity or security incident.

5. Termination and Suspension of the Service

The Provider is entitled to terminate or suspend access to the App immediately and without prior notice if the User acts in violation of these General Terms and Conditions, if there is a suspicion of abuse, or if it is necessary due to a legal obligation.

The User can cease the use of the App and cancel the Account at any time. This terminates the agreement.

B. Subscriptions and Payments

1. Subscriptions

1.1 General and Cancellation

The Provider offers various subscription plans, such as a free "Alfie Starter" and paid "Alfie Pro" and "School License" subscriptions. The current features and prices are clearly described on the website or in the App.

Paid subscriptions are entered into for the chosen period (month or year) and are automatically renewed for the same period at the end of the term. You can cancel your subscription at any time via your Account settings.

• For a monthly subscription, the cancellation becomes effective at the end of the current paid month.
• For a yearly subscription (with a discount), the cancellation becomes effective at the end of the paid annual period. No pro-rata refunds will be issued.

1.2 Terms for "Alfie Starter" (Free Subscription)

The free "Alfie Starter" subscription entitles the User to a limited number of Generation Credits per period, as specified in the App. Unused Generation Credits expire at the end of each period and are not carried over to the next period.

The number of Generation Credits debited for generating Material depends on the complexity and size of the request. The Provider reserves the right to debit more than one Generation Credit for generating large or complex Material. The User is responsible for monitoring their remaining balance, which is visible in the Account at all times.

2. Payment Terms

Payment for subscriptions is made via the payment methods supported by our partner, Stripe. Payment must be made prior to the subscription period.

3. Fair Use Policy

For paid subscriptions like "Alfie Pro" and School Licenses, we offer "unlimited" use. To keep the service fast, affordable, and available for all users, this use is subject to a Fair Use Policy. This policy is designed to prevent abuse and disproportionately heavy use. With normal individual or team usage, you will not reach these limits. If your usage exceeds what is reasonable, we reserve the right to contact you and/or limit your usage.

C. User Responsibilities and Rights

1. User Registration and Responsibility

To use the App, the User must create an Account. The User is responsible for keeping the login credentials confidential and for all actions that take place through the Account.

2. User Rights

The User has the right to access, correct, and delete the personal data processed in the context of the App, as further described in our Privacy Policy.

D. Miscellaneous

1. Changes to Terms

The Provider reserves the right to unilaterally change or supplement these General Terms and Conditions. Changes will be announced in advance via the website or by email to registered Users.

2. Dispute Resolution and Applicable Law

These General Terms and Conditions and the use of the App are governed by Dutch law. All disputes will be submitted to the competent court in Amsterdam.

3. Use of Third-Party Services

The App may use services from third parties. Additional terms from those third parties may apply to the use of these external services. The Provider is not responsible for the operation or content of these external services.

4. Right of Withdrawal (for Consumers)

If you are a Consumer, you have the right to withdraw from your paid Subscription within 14 days of purchase without giving any reason. To exercise this right, you must inform us via an unequivocal statement (e.g., by email to team@alfie.school) that you are withdrawing from the agreement. You may use the model withdrawal form, but it is not obligatory.

If you withdraw from the agreement, we will reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

5. Limitations of Liability

5.1 Scope of Liability

The Provider's liability for damage resulting from the use of the App is limited to direct damage up to a maximum of the amount that the User has paid to the Provider in the 12 months prior to the damaging event. Any liability of the Provider for other damage, such as indirect damage, consequential damage, lost profits, missed savings, reduced goodwill, or damage due to business stagnation, is excluded. The limitations mentioned in this article shall not apply if and insofar as the damage is the result of intent or deliberate recklessness on the part of the Provider.

5.2 Specific Disclaimer for AI Content

The Provider gives no guarantees regarding the quality, accuracy, suitability, or legality of the Material generated by the AI. You acknowledge that the Material may contain inaccuracies, errors, biases, or material that may unintentionally infringe on copyright. You are solely responsible for checking, validating, and using the Material. Use is entirely at your own risk.

6. Indemnity

The User indemnifies the Provider against all third-party claims in connection with the use of the App or a violation of these General Terms and Conditions by the User. This includes claims for infringement of intellectual property rights, privacy rights, or other rights of third parties. All costs and damages incurred by the Provider as a result of such claims are for the account of the User.

7. Sanctions

If the User acts in violation of these General Terms and Conditions, the Provider is entitled to take appropriate measures, including suspending or terminating access to the App and removing content. The Provider will, where possible, warn the User in advance, unless this cannot be required of the Provider given the seriousness of the violation.

8. Force Majeure

Neither party is obliged to fulfill any obligation if they are prevented from doing so as a result of force majeure. Force majeure also includes disruptions in the telecommunications infrastructure, internet disruptions, cybercrime, and government measures. If a force majeure situation lasts longer than 30 days, both parties have the right to dissolve the agreement in writing.

9. Transfer of Rights and Obligations

The Provider is entitled to transfer its rights and obligations under the agreement to a third party that takes over the App. The User is not entitled to transfer their rights and obligations without prior written consent from the Provider.

E. Additional Terms for Business Users

If the User is an organization purchasing the App for its staff, the Provider acts as a 'processor' within the meaning of the GDPR. The terms of our Data Processing Agreement (DPA), which is available upon request, are then an integral part of the agreement.

Version 2.0 - Last updated on July 11, 2025