Terms of Service

• Service: the FYAI SaaS platform for conversion tracking, lead management and forwarding conversion data to advertising platforms.
• Customer: the natural or legal person who registers an account with FYAI, or on whose behalf an account is created.
• User: a natural person who logs into the Service on behalf of the Customer.
• End-Visitor: a visitor to a Customer's website whose personal data is processed through the Service.
• Agreement: the combination of the order form or online registration, these Terms, the Privacy Policy and the Data Processing Agreement.

2.1 These Terms apply to every offer, agreement and delivery by or on behalf of FYAI.

2.2 Any purchasing terms or other conditions of the Customer are expressly rejected.

2.3 If any provision is null or voidable, the remaining provisions remain in full force.

3.1 The Customer is responsible for managing access to the account, including inviting and revoking Users.

3.2 Login credentials are strictly personal and may not be shared.

3.3 The Customer must immediately report unauthorised access or suspected misuse to hello@fuelyour.ai.

3.4 FYAI may deny or suspend access in case of misuse, overdue payment, or reasonable suspicion of abuse.

4.1 FYAI provides:

• receiving tracking events through a pixel or Google Tag Manager tag;
• enriching and qualifying leads by the Customer;
• sending conversion data back to the advertising platforms designated by the Customer, such as Google Ads and Meta.

4.2 Functionality may be expanded, modified or discontinued. Material changes are announced at least 30 days in advance.

4.3 FYAI provides the Service on a best-efforts basis. No specific conversion uplift, return on ad spend, or lead quality is guaranteed.

5.1 The Customer uses the Service solely for its own legitimate business purposes and in accordance with applicable law, including the GDPR and ePrivacy rules.

5.2 The Customer is responsible for establishing a valid legal basis for processing personal data of End-Visitors, and where required for displaying a compliant cookie banner.

5.3 The Customer must not:

• submit special categories of personal data (health, religion, biometrics and the like) through the tracking endpoint;
• use the Service to process data of minors without a valid legal basis;
• circumvent rate limits, security measures or access controls;
• reverse-engineer the Service, except to the extent permitted by mandatory law;
• use the Service for spam, misleading advertising or any other unlawful activity.

5.4 The Customer indemnifies FYAI against third-party claims, including those of End-Visitors, arising from a breach of this article.

6.1 Fees are stated in the order form, the online pricing page, or the order confirmation.

6.2 Unless otherwise agreed, invoicing is in advance on a monthly or annual basis. The payment term is the term stated on the invoice.

6.3 Late payment puts the Customer in default by operation of law. FYAI may suspend the Service after written notice and a reasonable cure period.

6.4 FYAI may adjust fees annually in line with the CBS service price index, and may otherwise change pricing with at least 60 days' notice. If an increase exceeds the index rate, the Customer may terminate within 30 days.

6.5 All amounts are exclusive of VAT.

7.1 The Agreement starts on account activation and runs for an indefinite term unless otherwise agreed.

7.2 The Customer may terminate at the end of an invoiced period, with the notice period stated in the order form notice, by email to hello@fuelyour.ai or through the in-app account settings.

7.3 FYAI may terminate immediately for a material breach not cured within 14 days after written notice, or on the Customer's bankruptcy or suspension of payments.

7.4 After termination the Customer retains read-only access for 30 days in order to export data. Customer data is then deleted in accordance with the Privacy Policy, subject to statutory retention obligations.

8.1 FYAI targets a monthly availability of 99.5%, measured on the tracking endpoint and the web application, excluding planned maintenance and force majeure.

8.2 Planned maintenance is, where possible, announced at least 24 hours in advance and performed outside business hours (CET).

8.3 No refund or service credit is provided unless explicitly agreed in a separate service level agreement.

9.1 To the extent FYAI processes personal data on behalf of the Customer, our Data Processing Agreement applies and forms part of this Agreement.

9.2 The Customer is the controller for End-Visitor lead data; FYAI is the processor.

9.3 The Privacy Policy describes how FYAI handles personal data of Customers and Users, for which FYAI is itself the controller.

10.1 All rights to the Service, software, design, documentation and trademarks, belong to FYAI or its licensors. The Customer receives a non-exclusive, non-transferable right of use for the duration of the Agreement.

10.2 Data the Customer adds to the Service, leads, settings, uploads, remains the Customer's property.

10.3 FYAI may use anonymised and aggregated data for product development, statistics and benchmarks, provided no individual Customer or End-Visitor is identifiable.

11.1 FYAI is liable only for direct damages caused by an attributable failure to perform the Agreement.

11.2 Total liability per event and per year is limited to the amount the Customer paid to FYAI in the 12 months preceding the event causing the damage.

11.3 Liability for indirect damages is excluded. This includes lost profits, missed savings, reputational damage, data loss and consequential damages.

11.4 The limitations in this article do not apply in case of wilful misconduct or gross negligence of FYAI or its management.

11.5 Any claim lapses 12 months after the event to which it relates.

12.1 Each party treats the other party's confidential information with care and uses it only in the context of the Agreement.

12.2 This obligation continues for 3 years after termination of the Agreement.

13.1 Neither party is required to perform in case of force majeure, including outages at hosting providers, internet outages, denial-of-service attacks, government measures and pandemics.

13.2 If force majeure lasts longer than 60 days, either party may terminate the Agreement without liability.

14.1 FYAI may amend these Terms. Material changes are communicated at least 30 days in advance.

14.2 If the Customer does not accept a material change, the Customer may terminate the Agreement effective on the change's effective date.

15.1 The Agreement is governed by the laws of the Netherlands.

15.2 Disputes are submitted to the competent court in the district of Zeeland-West-Brabant, without prejudice to FYAI's right to bring a dispute before the court of the Customer's domicile.

FYAI B.V., Gaspeldoorn 8, 4814 NP Breda
hello@fuelyour.ai