Terms of Service
1. Who we are and what these Terms cover
These Terms of Service ("Terms") govern your access to and use of Copydirector ("Service"), an AI-assisted copywriting tool operated by Bram de Waal h.o.d.n. Copydirector, registered in the Netherlands ("Copydirector", "we", "us").
By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
The Service is intended for business use only and is not directed at consumers.
2. Description of the Service
Copydirector allows users to create brand profiles ("Brand Bases") by uploading brand materials and reference texts, and to generate AI-assisted marketing copy ("Generated Content") via briefings. The Service uses Anthropic's Claude API to generate outputs. Generated Content is produced by artificial intelligence and must be reviewed by you before use.
3. Account registration
You must be at least 18 years old to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately at privacy@copydirector.io if you become aware of any unauthorised use of your account.
By accepting these Terms, you represent and warrant that you are acting in the course of a trade or profession, and that where you accept these Terms on behalf of an organisation, you are authorised to bind that organisation. The Service is intended for business use only and is not directed at, marketed to, or sold to consumers.
To the extent any person accesses or uses the Service otherwise than in the course of a trade or profession, they do so on their own initiative and at their own risk. The Service is not designed, priced, or supported for consumer use, and we provide no consumer-specific features, withdrawal rights, or assurances beyond those that mandatory law makes impossible to exclude. Nothing in these Terms purports to exclude or limit any right that cannot lawfully be excluded or limited.
4. User Content
By submitting content to the Service, including brand manuals, reference texts, briefings, website URLs you submit for analysis and any content the Service extracts from those pages, or any other materials ("User Content"), you represent and warrant that:
- you are the owner of all intellectual property rights in the User Content, or you have obtained all necessary licences, permissions, and consents from the relevant rights holders to submit the User Content and to grant Copydirector the rights set out in these Terms;
- the User Content does not infringe any copyright, trademark, trade secret, moral right, or other intellectual property right of any third party;
- where you submit a website URL for analysis, you have the right to have the content at that URL accessed, extracted, and processed by the Service, and doing so does not breach the terms of use of the target website or the rights of any third party; and
- you have the authority to grant the rights granted under these Terms.
You shall indemnify, defend, and hold harmless Copydirector and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with any breach of the representations and warranties in this clause or any allegation that your User Content infringes the intellectual property rights of a third party.
5. Licence to User Content
You retain all rights in your User Content. By uploading User Content, you grant Copydirector a non-exclusive, worldwide, royalty-free licence to process, store, and transmit your User Content solely to provide the Service to you. This licence terminates when you delete the User Content or close your account, subject to our data retention obligations described in our Privacy Policy.
5.A Confidentiality
Copydirector will treat all User Content, Brand Bases, reference texts, briefings, and other materials uploaded by you as confidential. Copydirector will not disclose such materials to third parties except to sub-processors (as listed in the Privacy Policy) to the extent necessary to provide the Service.
You will keep confidential any non-public information about the Service, including pricing, technical documentation, and product roadmap information, that Copydirector discloses to you.
These confidentiality obligations do not apply to information that: (a) is or becomes publicly available other than through a breach of these Terms; (b) was already known to the receiving party before disclosure; or (c) is required to be disclosed by law or a competent authority, provided the disclosing party is given reasonable prior notice where permitted by law.
6. Generated Content: ownership and disclaimer
As between Copydirector and you, subject to your compliance with these Terms and full payment of applicable fees, Copydirector hereby assigns to you all right, title, and interest (if any) in and to Generated Content produced by the Service in response to your inputs.
Important: The copyright status of AI-generated content under EU law is currently unsettled. The extent to which Generated Content may be protected by copyright depends in part on the nature and degree of your creative contribution to the final work, including your briefing inputs, editing, and selection of outputs. Copydirector makes no warranty that Generated Content is protectable by copyright.
The Service uses artificial intelligence to generate Generated Content. Copydirector does not warrant that Generated Content is accurate, complete, factually correct, legally compliant, suitable for any particular purpose, or free from bias, errors, or omissions. Generated Content is provided as a creative starting point and is not a substitute for professional review. You are solely responsible for reviewing, editing, fact-checking, and approving all Generated Content before publication or use.
Review confirmation on download: Before downloading or copying Generated Content, the Service will ask you to confirm that you have reviewed the content for factual accuracy and brand suitability. By ticking that confirmation, you make a contractual attestation that you have performed such review. We retain a record of these confirmations for five (5) years for audit and liability defense purposes (see our Privacy Policy).
Where you upload content containing personal data of your own clients, employees, or end-users, you act as the data controller for such personal data and Copydirector acts as your processor. In that scenario, the parties' respective obligations are governed by the Data Processing Agreement, which is incorporated into these Terms by reference.
7. Acceptable use
You may not use the Service to generate content that:
- infringes the trademark, trade name, or other intellectual property rights of any third party;
- constitutes unlawful comparative advertising under applicable law, including Directive 2006/114/EC;
- makes false or misleading factual claims about any person or entity;
- is intended to defame, disparage, or denigrate any person, company, or product;
- discriminates against or disparages individuals or groups on the basis of race, ethnicity, gender, age, disability, religion, sexual orientation, national origin, or other protected characteristics under applicable law, including applicable EU and Dutch equality legislation;
- constitutes spam, phishing, or other deceptive communications;
- violates any applicable law or regulation.
You may not upload to the Service any special category personal data as defined in Article 9 GDPR (including health data, political opinions, religious beliefs, biometric data, or data concerning sexual orientation) without prior written agreement with Copydirector specifying additional safeguards.
7.1 Sector-specific restrictions
The Service is designed and intended for general marketing and communications purposes only. You may not use the Service in connection with any use case that would subject Copydirector to sector-specific regulatory frameworks, including but not limited to:
- services provided to or by entities regulated under the EU Digital Operational Resilience Act (DORA, Regulation (EU) 2022/2554), where such use would require Copydirector to comply with DORA's ICT third-party provider obligations;
- processing of patient data or use in connection with healthcare information systems subject to NEN 7510 or similar healthcare information security standards;
- use in connection with legal services subject to professional regulation, including advice regulated under the Dutch Advocatenwet or equivalent national law;
- use by or in connection with public authorities or government bodies for official administrative or regulatory functions.
By accepting these Terms, you represent and warrant that your use of the Service does not and will not fall within any of the categories above. If your organisation is subject to sector-specific regulatory requirements that would impose obligations on Copydirector as your service provider, you must obtain our prior written consent before using the Service.
You shall indemnify, defend, and hold harmless Copydirector from any claims, regulatory investigations, fines, costs, or liabilities arising from your use of the Service in a manner that violates the representations in this section, including any use that subjects Copydirector to sector-specific regulatory obligations without Copydirector's prior written consent.
7.A Service availability, usage limits, and third-party dependency
The Service depends on third-party infrastructure including Anthropic's API, Google Cloud, and Stripe. Copydirector is not liable for unavailability, degraded performance, or feature changes caused by those third parties.
Scheduled maintenance may cause temporary unavailability. Copydirector will use reasonable efforts to provide advance notice of planned downtime. No specific uptime level is guaranteed unless separately agreed in writing.
Your subscription includes the usage limits specified in your pricing tier (including any credit, generation, or API call limits). Copydirector reserves the right to throttle or suspend access where usage significantly exceeds the limits of your tier or places disproportionate load on the Service's infrastructure.
Each account is for use by the number of users specified in your subscription. Login credentials may not be shared across more users than the number of seats licensed. Copydirector reserves the right to suspend accounts where it reasonably determines that usage patterns indicate credential sharing beyond the licensed scope.
The Service is not a backup or archiving solution. You are solely responsible for maintaining your own copies of uploaded materials and Generated Content. Copydirector excludes liability for any loss of data to the maximum extent permitted by applicable law. The 30-day post-termination export window in clause 13 is provided as a convenience and does not constitute a guarantee of data preservation.
8. AI disclosure
The Service uses artificial intelligence powered by Anthropic's Claude API to generate outputs. All Generated Content is AI-generated. By using the Service, you acknowledge that you are using an AI-assisted tool. You are solely responsible for the content you publish or distribute that was generated using the Service.
9. Intellectual property: notice and takedown
If you believe that content processed through the Service infringes your intellectual property rights, please contact us at privacy@copydirector.io with: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the material you claim is infringing; (c) your contact details; and (d) a statement that you have a good faith belief that the use is not authorised by the rights holder.
We will act expeditiously to investigate and address valid notices in accordance with our obligations under the EU Digital Services Act.
10. Subscription, pricing, and payment
Subscription fees are charged in advance on a monthly or annual basis as selected at signup. Payment is processed by Stripe. You authorise us to charge your payment method on a recurring basis until you cancel.
All prices are exclusive of VAT and any other applicable taxes unless stated otherwise. You are responsible for any VAT or similar taxes applicable to your purchase.
Copydirector may change subscription pricing on 30 days' written notice. Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing. Annual fees may be adjusted in line with the Dutch CBS consumer price index (CPI) on each anniversary of your subscription start date.
For annual subscriptions, invoices are issued in advance of each billing period and are due within 14 days of the invoice date. For monthly subscriptions, payment is processed automatically via Stripe at the start of each billing period.
If a payment fails, Copydirector will notify you and attempt to reprocess payment. If payment remains outstanding after 14 days, Copydirector may suspend access to the Service. If payment remains outstanding after a further 14 days, Copydirector may terminate your account. Statutory commercial interest under Article 6:119a BW applies to overdue invoices from the due date.
Pricing tiers:
- Starter — €149 / month
- Professional — €299 / month
- Agency — €599+ / month (custom pricing)
Upgrades and downgrades: Changes to your subscription tier take effect at the start of the next billing period unless otherwise stated.
11. Cancellation and refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a prepaid subscription period, except as required by applicable law or as set out in any separate order form.
Free trial: Where a free trial is offered, your subscription begins at the end of the trial period unless you cancel before the trial ends.
12. Suspension and termination
We may suspend or terminate your account if you breach these Terms, fail to pay applicable fees, or if we are required to do so by law. We will give you reasonable notice where practicable except where immediate action is required to protect the Service or other users.
You may terminate your account at any time by following the account deletion process in your account settings.
On termination, your right to use the Service ends immediately. We will retain your data in accordance with our Privacy Policy and your data export rights set out in clause 13.
13. Data export on termination
On cancellation or termination of your account, you may export your Brand Bases and Generated Content in JSON format using the data export function in your account settings. This export function will remain available for 30 days following termination, after which your data will be deleted in accordance with our Privacy Policy.
This export right exists independently of and in addition to your rights under GDPR Articles 15 and 20 as described in our Privacy Policy.
14. Limitation of liability
To the maximum extent permitted by applicable law:
- Copydirector's total cumulative liability to you arising out of or related to these Terms or the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by you to Copydirector in the twelve (12) months immediately preceding the event giving rise to the claim.
- Copydirector shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if Copydirector has been advised of the possibility of such damages.
- Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, fraud, or wilful misconduct, or for any other liability that cannot be excluded or limited by applicable law.
15. Warranties and service availability
The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements. We will use reasonable efforts to maintain availability but do not guarantee any specific uptime.
16. Changes to the Service and Terms
We may update these Terms from time to time. We will notify you of material changes by email or prominent notice in the Service at least 30 days before they take effect. Your continued use of the Service after the effective date of updated Terms constitutes acceptance.
17. Governing law and disputes
These Terms are governed by Dutch law. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Eindhoven.
18. General
If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force. These Terms constitute the entire agreement between you and Copydirector regarding the Service and supersede any prior agreements. Copydirector's failure to enforce any provision does not constitute a waiver.
Where a Dutch translation of these Terms is made available, the English version prevails in the event of any conflict or discrepancy between the two versions.
Contact: privacy@copydirector.io