Terms and Conditions

Article 1: Definitions

• In these Terms and Conditions, the following terms shall have the meanings set out below:
• Back2Us: Cofita Uitvaartkisten, trading under the name Back2Us, having its registered office at Marshof 28, 3255 TD Oude-Tonge, the Netherlands, and registered with the Dutch Chamber of Commerce under number 73218103.

Customer: any natural person or legal entity entering into an Agreement with Back2Us.

Agreement: any agreement concluded between the Customer and Back2Us concerning the provision and use of the Service.

User: the natural person who actually accesses or uses the Service, whether on their own behalf or on behalf of the Customer, through a personal Account.

Account: the personal user account through which a User gains access to the Service.

Service: the (mobile) application and related technologies offered by Back2Us through which Users may create and interact with digital representations (“AI personas”) generated by artificial intelligence.

AI: artificial intelligence technologies, including generative and predictive algorithms, models and related technologies used within the Service.

AI persona: a digitally generated and simulated representation of a person, including a deceased individual, created through artificial intelligence technologies on the basis of data provided by the Customer and/or User, including voice recordings, visual materials, text files and other information.

Content: all data, materials and information uploaded, submitted or otherwise provided by the Customer and/or User in connection with the Service, including but not limited to audio recordings (including voice data), videos, images, text files, messages (including messaging conversations such as WhatsApp communications), metadata and other materials.

Input: all prompts, instructions, questions, data and Content entered, uploaded or otherwise provided by a User for the purpose of generating AI personas and/or Output.

Output: all content, materials and results generated by the Service, including but not limited to text, speech, audio, visual materials, responses, interactions and simulated behaviours generated by or relating to an AI persona.

Personal Data: any information relating to an identified or identifiable natural person within the meaning of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

Written: by post or by electronic means, including email communications and communications conducted through the Service.

Fees: the financial compensation payable by the Customer to Back2Us for the use of the Service.

Terms and Conditions: these Terms and Conditions.

• Terms defined in the singular shall have the same meaning when used in the plural and vice versa, unless the context requires otherwise.
• These Terms and Conditions apply to all Agreements concluded between Back2Us and the Customer relating to the Service.
• Back2Us reserves the right to impose additional terms, conditions, usage policies or technical requirements on Users in connection with the access to and use of the Service.

Article 2: Formation of the Agreement

• All offers, statements and communications made by Back2Us, including information displayed on the website, within the application (the Service) or otherwise communicated, are non-binding and may be modified, updated or withdrawn at any time without prior notice.
• The Agreement shall be deemed concluded at the moment that:
• a. the Customer creates an Account within the Service; and/or
• b. the Customer expressly accepts these Terms and Conditions, including by means of a checkbox, digital confirmation or similar electronic acceptance mechanism; and/or
• c. the Customer accesses or uses the Service. By accessing or using the Service, the Customer acknowledges and accepts these Terms and Conditions.
• Where the Service, or any part thereof, is offered on a paid basis, the Agreement shall furthermore be deemed concluded at the moment the Customer purchases a subscription, activates paid functionalities or otherwise uses paid components of the Service.
• Back2Us reserves the right to refuse any registration request, Account creation or application for access to the Service at its sole discretion and without stating reasons.
• Back2Us shall not be bound by any manifest errors, omissions or mistakes in offers, pricing, descriptions or other communications, including typographical, technical or pricing errors.

Article 3: Use and operation of the Service

• The Service is provided by Back2Us on an “as is” and “as available” basis. Back2Us makes no representations or warranties regarding the availability, functionality, reliability, accuracy, completeness or suitability of the Service or any Output generated through the Service.
• Back2Us reserves the right to manage, modify, update, suspend or discontinue the Service, in whole or in part, at its own technical and operational discretion.
• The Service may rely on third-party technologies, software, infrastructure and service providers, including but not limited to providers of voice processing technologies, avatar generation systems, artificial intelligence models, hosting services, payment processing services and real-time communication functionalities. Back2Us is not responsible for the operation, availability, performance or output of such third-party services and shall not be liable for any interruptions, errors, delays, inaccuracies or other deficiencies arising therefrom.
• The Service may include real-time communication functionalities. Back2Us does not guarantee that such communications will be uninterrupted, error-free or free from delays.
• While Back2Us will use commercially reasonable efforts to maintain the availability and proper functioning of the Service, Back2Us does not guarantee that the Service shall:
• be continuously or uninterruptedly available
• be free from errors, defects or technical malfunctions
• meet the Customer’s or User’s specific requirements or intended purposes.
• Back2Us reserves the right to temporarily suspend, restrict or disable access to the Service, in whole or in part, for maintenance, updates, security measures, technical modifications or operational reasons, without any obligation to pay compensation or damages.
• Access to the Service is personal, limited, revocable and non-transferable unless expressly agreed otherwise in writing. To the extent that the Service enables Users to invite third parties or grant access to specific functionalities, including memorials or AI personas, such access shall remain subject to the functionalities made available by Back2Us and under the responsibility of the original User.
• Back2Us stores Content and Input provided by Users for as long as the relevant Account remains active and until such Account is deleted, unless a longer retention period is required or permitted under applicable law.
• To the extent permitted under applicable law, Back2Us may use Content and Input provided through the Service for the purpose of operating, maintaining, improving and optimising the Service and the underlying AI systems, provided that any use for AI training, development or optimisation purposes shall only take place on the basis of anonymised or otherwise non-identifiable data and in accordance with applicable privacy and data protection laws.
• Output generated through the Service is created through artificial intelligence technologies and algorithmic models and may be inaccurate, incomplete, misleading or otherwise inconsistent with reality. Statements, behaviours, responses and representations generated by AI personas may differ from the actual characteristics or communications of the person on whom the AI persona is based.
• AI personas and related Output do not constitute actual representations of any individual, including deceased persons, but rather simulated and artificially generated reconstructions based on Content and Input provided through the Service.
• The use of the Service and reliance upon any Output generated through the Service shall be entirely at the Customer’s and User’s own risk. Back2Us shall not be liable for any decisions, actions, interpretations or consequences arising from or based upon the Output.
• The Customer and User acknowledge that the use of AI personas and related functionalities may have emotional, psychological or sensitive personal impact. To the maximum extent permitted under applicable law, Back2Us excludes any liability for emotional distress, psychological harm or similar non-material damages arising from the use of the Service or the Output.
• The Customer and User shall not use the Service for:
• the creation of AI personas relating to living individuals without their explicit authorisation or other valid legal basis
• unlawful, misleading, deceptive, harmful or fraudulent purposes
• activities that infringe applicable laws, intellectual property rights, privacy rights, personality rights or other rights of third parties
• purposes contrary to public order or morality.
• Back2Us will use commercially reasonable efforts to provide support in relation to the Service, but does not guarantee any specific response times, service levels or availability of support services.
• To the extent that Back2Us engages third parties in connection with the provision of the Service, these Terms and Conditions shall also be stipulated for the benefit of such third parties, who may rely upon the relevant provisions as if they were a party hereto.
• Back2Us reserves the right to monitor, analyse and review the use of the Service for the purposes of preventing misuse, ensuring security, enforcing these Terms and Conditions and improving the functionality, safety and performance of the Service.

Article 4: Payment

• For the use of the Service, the Customer shall pay the applicable Fees. The amount of the Fees and the applicable pricing structure shall be communicated by Back2Us through the Service, the website or otherwise.
• Unless expressly agreed otherwise, Fees shall be paid using the payment methods made available within the application or Service. The Fees may consist of a subscription fee and may additionally depend, in whole or in part, on the actual use of the Service, including but not limited to the duration and intensity of interactions and usage activities. Back2Us is entitled to automatically monitor and register such usage and to charge additional Fees accordingly. Prior to the use of paid functionalities, Back2Us shall provide clear information regarding the applicable pricing, billing structure and method of calculation of the Fees.
• Fees may be calculated, among other things, on the basis of:
• the number of generated interactions
• usage duration, including on a per-minute or per-hour basis
• consumption-based usage metrics; and/or
• other usage-dependent factors determined by Back2Us.
• All prices are stated in euros and, unless expressly indicated otherwise, include applicable value added tax (VAT). Manifest pricing errors, typographical mistakes or obvious inaccuracies shall not be binding upon Back2Us.
• Back2Us reserves the right to amend or adjust the Fees at any time. In the event of an ongoing subscription, Back2Us shall notify the Customer of any price changes at least thirty (30) days prior to their entry into force. Where a price increase exceeds a reasonable inflation-based adjustment, the Customer shall have the right to terminate the Agreement free of charge prior to the effective date of the price increase.
• Back2Us may at all times pass on changes in applicable taxes, levies, duties or governmental charges, including changes in VAT rates.
• Payments must be made within the payment term specified by Back2Us. In the event of late or incomplete payment, Back2Us reserves the right to limit, suspend or block access to the Service or the Account until all outstanding amounts have been paid in full.
• To the maximum extent permitted under applicable law, the Customer shall not be entitled to suspend, offset or withhold any payment obligations owed to Back2Us.
• Fees already paid shall in principle be non-refundable, except where mandatory law provides otherwise or where Back2Us expressly agrees otherwise in writing.
• Where Back2Us is unable to provide the Service, in whole or in part, due to circumstances reasonably beyond its control, including failures, interruptions or deficiencies attributable to third-party providers or infrastructure, the applicable Fees shall nevertheless remain payable, unless mandatory law provides otherwise.

Article 5: Non-payment and debt collection

• If the Customer fails to fulfil its payment obligations in a timely manner, the Customer shall, where required under applicable law, first be granted a reasonable period to remedy such failure, failing which the Customer shall automatically be deemed in default without further notice of default being required.
• In the event of late, incomplete or non-payment, Back2Us shall be entitled, without prejudice to any other rights or remedies available to it under applicable law or the Agreement, to:
• suspend or restrict access to the Service, in whole or in part
• temporarily block or deactivate the Account
• terminate the Agreement, in whole or in part.
• All reasonable costs incurred by Back2Us in connection with the collection of outstanding amounts, including extrajudicial collection costs, legal fees and enforcement costs, shall be borne by the Customer, subject to applicable mandatory laws relating to debt collection and consumer protection.
• Back2Us reserves the right to assign, transfer or otherwise dispose of any claims arising under the Agreement to third parties.
• Where payments are processed through third-party payment service providers, additional terms and conditions of such providers may apply. Back2Us is not responsible for the operation, availability or performance of such third-party services and accepts no liability for errors, interruptions, delays or failures arising therefrom.

Article 6: Term, termination and suspension

• The Agreement is entered into for an indefinite period of time, unless expressly agreed otherwise or where the Service is provided on the basis of a fixed-term subscription.
• Where Back2Us offers a trial period, such trial period shall apply for the duration specified by Back2Us. Upon expiry of the trial period, the Agreement shall automatically convert into a paid subscription unless the Customer terminates the Agreement prior to the end of the trial period.
• Fixed-term subscriptions shall automatically renew and continue as subscriptions for an indefinite period unless the Customer terminates the subscription before the end of the applicable subscription term.
• The Customer may terminate an Agreement entered into for an indefinite period of time at any time, subject to a notice period of one (1) month, unless mandatory law provides otherwise.
• Termination may be effected through the Service, via the Customer’s Account or in any other manner designated by Back2Us.
• Back2Us reserves the right to terminate the Agreement subject to a notice period of at least one (1) month.
• Back2Us shall be entitled to terminate the Agreement with immediate effect, in whole or in part, or to suspend, restrict or block access to the Service immediately, where:
• a. the Customer or User acts in breach of these Terms and Conditions
• b. there is unlawful, fraudulent, abusive or improper use of the Service
• c. the reputation or legitimate interests of Back2Us may be harmed; or
• d. Back2Us is required to do so pursuant to applicable law, a court order or instructions from a competent authority.
• Upon termination of the Agreement, access to the Service may be restricted or terminated immediately. Any Fees already due and payable shall remain immediately payable in full. Fees already paid shall not be refunded unless mandatory law provides otherwise.
• Back2Us reserves the right to discontinue the Service, in whole or in part, including in connection with the cessation of business activities, technical discontinuation or strategic business decisions. Where reasonably possible, Back2Us shall provide prior written notice to the Customer.

Article 7: Liability

• The total aggregate liability of Back2Us, regardless of the legal basis of the claim, shall be limited to the amount actually paid out under the applicable liability insurance maintained by Back2Us in relation to the relevant claim.
• If, for any reason whatsoever, no payment is made under the aforementioned insurance policy, the total aggregate liability of Back2Us shall be limited to the amount of Fees actually paid by the Customer to Back2Us during the twelve (12) months preceding the event giving rise to the claim.
• To the maximum extent permitted under applicable law, Back2Us shall not be liable for any indirect, incidental, consequential or special damages, including but not limited to loss of data, reputational damage, emotional distress or other non-material damages.
• Back2Us shall in particular not be liable for any damages arising from or relating to:
• the use of the Service or the temporary unavailability thereof
• inaccurate, incomplete, misleading or otherwise inconsistent Output
• interpretations, reliance upon or decisions made on the basis of Output
• Content or Input uploaded, submitted or otherwise provided by Users
• unauthorised use of Accounts, login credentials or access data.
• The Service makes use of artificial intelligence technologies. Back2Us makes no warranties or representations regarding the accuracy, reliability, completeness, suitability or legality of any AI-generated Output or AI personas.
• To the maximum extent permitted under applicable law, Back2Us shall not be liable for any emotional, psychological or other non-material harm arising from or relating to the use of the Service, including interactions with AI personas.
• The Customer and User remain solely responsible for the lawful use of the Service and for all Content and Input provided through the Service. Back2Us shall not be liable for any infringement of third-party rights resulting from the use of the Service, the creation of AI personas or the provision of Content or Input by the Customer or User.
• Any right to claim damages against Back2Us shall lapse unless the relevant claim has been notified to Back2Us in writing within a reasonable period after the damage was discovered or reasonably should have been discovered.
• The limitations and exclusions of liability contained in this Article shall not apply to the extent that the damage is caused by wilful misconduct or deliberate recklessness on the part of Back2Us, insofar as such limitation is prohibited under mandatory law.
• To the maximum extent permitted under applicable law, all limitations of liability contained in these Terms and Conditions shall apply cumulatively.

Article 8: Intellectual property rights and usage rights

• All intellectual property rights relating to the Service, including but not limited to the software, AI models, algorithms, source code, designs, interfaces, documentation, databases and other materials, shall remain exclusively vested in Back2Us and/or its licensors.
• The Customer and User are granted solely a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service in accordance with these Terms and Conditions. Such right of use extends only to the extent necessary for the normal and authorised use of the Service.
• Unless expressly permitted under mandatory law, the Customer and User shall not be permitted to:
• copy, reproduce, distribute or commercially exploit the Service or any part thereof
• make the Service available to third parties
• modify, adapt or create derivative works based on the Service
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models, algorithms or underlying operation of the Service.
• The Customer shall retain all intellectual property rights relating to the Content provided by the Customer or User. The Customer hereby grants Back2Us a worldwide, non-exclusive, royalty-free licence to use, reproduce, process, host, store, adapt and otherwise use such Content for the purpose of providing, maintaining, securing, improving and developing the Service, subject to applicable laws and regulations.
• To the extent that intellectual property rights may subsist in Output generated through the Service, the Customer is granted a non-exclusive right to use such Output for lawful purposes. Back2Us does not warrant that any Output:
• is free from third-party rights
• is unique or original
• does not infringe intellectual property, privacy or personality rights; or
• may exclusively vest in the Customer.
• The Customer acknowledges and agrees that AI personas and related Output do not constitute actual or legally enforceable representations of the identity, personality or legacy of any person.
• The Customer and User shall not use the Output, the Service or any related technologies for the purpose of training, developing or improving competing artificial intelligence systems, machine learning models or similar software or services.
• The Customer warrants and represents that all Content and Input provided through the Service:
• has been lawfully obtained
• does not infringe any rights of third parties, including intellectual property rights, neighbouring rights, portrait rights, privacy rights or personality rights; and
• where relevant, is used with the necessary authorisations, permissions or consents from rights holders, relatives, heirs or other relevant parties.
• The Customer shall fully indemnify and hold harmless Back2Us against all third-party claims, damages, liabilities, losses, costs and expenses arising from or relating to:
• the Content or Input provided by the Customer or User
• the creation or use of AI personas
• any alleged infringement of third-party rights.
• The Customer and User shall not use the Service to generate, distribute or facilitate unlawful, infringing, misleading, harmful or otherwise unauthorised content.
• The Customer and User shall not remove, alter or obscure any notices relating to intellectual property rights, confidentiality, branding, ownership or origin contained in or associated with the Service.
• Back2Us reserves the right to implement technical, organisational or security measures for the protection of its intellectual property rights, systems, technologies and the proper functioning of the Service.

Article 9: Privacy and data processing

• Back2Us processes personal data as a data controller within the meaning of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), in accordance with applicable data protection laws and its Privacy Policy.
• The Privacy Policy contains further information regarding the manner in which personal data is processed, including the purposes of processing, categories of personal data processed, applicable legal bases and the rights of data subjects.
• The Customer and User remain fully responsible for the lawfulness of any personal data relating to third parties that is uploaded, submitted or otherwise provided through the Service. The Customer warrants and represents that a valid legal basis exists for the use and processing of such personal data, including, where applicable, the consent or authorisation of the relevant data subject, rights holder, relative or other authorised party.
• To the extent that the Service enables the processing of data relating to deceased individuals, the Customer acknowledges that such data may nevertheless be subject to third-party rights and interests, including intellectual property rights, portrait rights, privacy interests and rights or interests of relatives, heirs or other stakeholders. The Customer warrants that the use of such data is lawful and shall fully indemnify and hold harmless Back2Us against any third-party claims arising in connection therewith.
• Back2Us implements appropriate technical and organisational measures to protect personal data against loss, misuse, unauthorised access or unlawful processing, taking into account the state of the art, the nature of the processing activities and the associated risks. Personal data may be processed and stored both within and outside the European Economic Area, including in the United Kingdom. In such cases, Back2Us shall implement appropriate safeguards in accordance with the GDPR, including adequacy decisions of the European Commission, Standard Contractual Clauses or other legally recognised transfer mechanisms.
• Personal data shall not be retained for longer than necessary for the purposes for which such data is processed, unless a longer retention period is required or permitted under applicable law.

Article 10: Indemnification

• The Customer and User shall fully indemnify and hold harmless Back2Us against all claims, demands, actions, liabilities, damages and costs asserted by third parties, including relatives, heirs, rights holders and other involved parties, arising from or relating to the use of the Service by the Customer or User, including any use in breach of these Terms and Conditions or applicable laws and regulations.
• The indemnity referred to in this Article includes, without limitation, claims relating to:
• Content or Input uploaded, submitted or otherwise provided by the Customer or User
• the use of personal data or other data relating to third parties
• the use of data relating to deceased individuals
• the creation, use or making available of AI personas
• Output generated through the Service
• alleged infringement of intellectual property rights, including copyrights, neighbouring rights and portrait rights
• alleged violations of privacy rights, personality rights or other rights of third parties
• unlawful, misleading, inappropriate or otherwise improper use of the Service.
• The Customer and User warrant and represent that they are legally entitled to use all Content and Input provided through the Service and that, where required under applicable law, valid permissions, authorisations and consents have been obtained from the relevant individuals, rights holders, relatives, heirs or other authorised parties.
• If Back2Us is confronted with or notified of a third-party claim, the Customer and User shall, upon first request, fully cooperate in relation to such claim and fully indemnify and hold Back2Us harmless against all resulting liabilities, damages and costs.
• The indemnity set out in this Article shall include all damages and costs suffered or incurred by Back2Us, including but not limited to legal fees, costs of legal assistance, expert costs, court costs, settlements, compensation payments and other expenses incurred in connection with third-party claims.
• This indemnity shall apply in addition to, and without prejudice to, all other rights and remedies available to Back2Us under the Agreement, these Terms and Conditions or applicable law, and shall survive termination of the Agreement.

Article 11: Miscellaneous provisions

• Back2Us reserves the right to amend or supplement these Terms and Conditions at any time. Any amendments shall be communicated to the Customer in a timely manner. Where the Customer qualifies as a consumer and a proposed amendment materially adversely affects the Customer, the Customer shall have the right to terminate the Agreement prior to the date on which the amendment enters into force.
• The Customer shall not be entitled to assign, transfer or otherwise dispose of its rights or obligations under the Agreement without the prior written consent of Back2Us. Back2Us shall be entitled to assign or transfer its rights and obligations under the Agreement to a third party, including in connection with a merger, acquisition, restructuring or transfer of business activities.
• If any provision of these Terms and Conditions is held to be invalid, void, unenforceable or otherwise ineffective, the remaining provisions shall remain in full force and effect. In such event, the parties shall replace the invalid or unenforceable provision with a valid provision that most closely reflects the purpose and intent of the original provision.
• The Agreement and these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding the application of conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as applicable.
• Any disputes arising out of or in connection with the Agreement, the Service or these Terms and Conditions shall be submitted to the competent court of the District Court of Zeeland-West-Brabant, Middelburg location, the Netherlands. Where the Customer qualifies as a consumer under applicable law, the Customer shall additionally be entitled to submit the dispute to the competent court of the Customer’s place of residence, insofar as mandatory consumer protection laws so require.