TheyDo Customer Terms of Use

Latest update September 11, 2025

These terms of use (Terms) govern the access to and use of the software-as-a-service platform (the Platform) and related services (Services) offered by TheyDo B.V. (TheyDo) by any user or customer (Customer or you). By accessing or using our Platform, including through a trial or paid subscription, you agree to be bound by these Terms. These Terms apply only to the extent that no Master Service Agreement exists between you and TheyDo.

These Terms are effective as of the date you first access the Platform, whether via trial or paid subscription (the Effective Date) and shall remain in effect throughout the applicable subscription or trial term. Customer’s use of, and TheyDo’s provision of, the Platform are both governed by these Terms. 

1. License Scope

1. These Terms apply to all access to the Platform. For the duration of the trial or paid subscription, the Customer is hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Platform solely for its internal business purposes in accordance with these Terms. TheyDo shall provide access credentials and technical instructions required to utilize the Platform. In the case of a paid subscription, the license remains valid for the subscription term specified in the Customer’s order form, subject to timely payment of all fees. 

2. If the Customer is granted a free trial, access to the Platform will be provided for the limited time period specified in the trial offer. TheyDo reserves the right to suspend or terminate trial access at any time.

3. Upon expiration or termination of the subscription or trial period, the Customer’s access to the Platform will automatically terminate. TheyDo is not obliged to retain, store, or provide access to Customer Data (as defined below) following the end of the applicable access period, unless required by applicable law.

4. If you use the Platform outside the scope of this license grant or otherwise breach these Terms, TheyDo may terminate your use of the access to the Platform, terminate your subscription entirely and also pursue legal action if needed.

5. Parties acknowledge that the trial or subscription are only available to legal entities and not to private individuals. By proceeding to the trial/subscription, the individual completing the Customer registration represents and warrants that:

   • they are subscribing on behalf of a legal entity that is duly organized, validly existing, and in good standing under the laws of its jurisdiction (and not as a natural person for personal use); and

   • they have the legal authority to bind that entity to the Agreement. 

6. TheyDo may request proof of the above at any time. If the registering individual is unable to demonstrate authority to bind the entity, or if the registrant is not a legal entity, TheyDo reserves the right to reject the registration of the Customer and/or immediately terminate the Service.

2. Use Restrictions 

Customer may not use the Platform, and shall not permit any user to use the Platform: (i) to infringe or violate the rights of others or any applicable laws; (ii) to upload, transmit, or distribute viruses, malware, harmful code, or any content that may impair, disable, or damage the Platform or TheyDo’s systems; (iii) to sell, sublicense, distribute, rent, copy, modify, create derivative works of, or otherwise make the Platform available to third parties; (iv) to reverse engineer, decompile, disassemble, or otherwise attempt to access the source code of the Platform; (v) to conduct security or vulnerability testing, interfere with its operation, or circumvent its access restrictions; (vi) to use the Platform for commercial exploitation outside Customer’s internal business purposes, including (a) generating revenue or commercial advantage, (b) redistributing, reselling, or licensing to third parties, (c) developing, benchmarking, or evaluating for purposes of creating a competing product or service, or (d) advertising or promoting products or services without TheyDo’s prior written consent; or (vii) to engage in fraud, deception, dishonesty, or any behavior that could cause reputational or other harm to TheyDo or its affiliates.

3. Customer Data

1. Anything the Customer posts, uploads, shares, stores or otherwise provides on the Platform is considered Customer Data. The Customer owns all right, title and interest in and to Customer Data. TheyDo may copy, display, modify, and use Customer Data only as needed to provide and maintain the Platform and Services to the Customer. For this purpose, the Customer grants TheyDo and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, process, and display the Customer Data for the sole purpose of providing the Services to the Customer.

2. The Customer is solely and fully responsible for all Customer Data, including (without limitation) ensuring its accuracy, completeness, integrity, and compliance with all applicable confidentiality and data protection obligations. TheyDo will not be liable for Customer’s failure to back-up its files and data under any circumstances. Where any loss, corruption, or inaccessibility of Customer Data is caused by the Customer (including its failure to comply with agreed security or usage protocols), TheyDo shall have no obligation to recover, restore, or back up such data. TheyDo reserves the right to remove or disable access to any Customer Data that violates these Terms, without notice, and without liability to the Customer.

3. The Customer may, but is not required to, give suggestions, feedback, or comments about the Platform or related offerings (Feedback), in which case Customer gives such Feedback “as is”. TheyDo may use all Feedback without any restriction or obligation. In addition, TheyDo may collect and analyze data and information about the provision, use, and performance of the Platform and related offerings based on the Customer’s use of the Platform (Usage Data), and may use such Usage Data to maintain, improve, and enhance the Platform and Services without restriction or obligation. For this purpose, the Customer grants TheyDo and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, process, and display the Usage Data. However, TheyDo may only share Usage Data with others if the Usage Data is anonymized and does not identify the Customer or its affiliates. 

4. TheyDo will only process personal data upon the Customer’s explicit instructions. If personal data is processed, both Parties agree to comply with the EU General Data Protection Regulation (GDPR). In such cases, TheyDo will handle the personal data in accordance with TheyDo’s Data Processing Agreement entered into with the Customer. 

4. Customer Content

1. The Customer may provide Input and receive Output through the AI services provided by TheyDo (AI Services). As between the Customer and TheyDo, to the extent permitted by applicable law, the Customer retains all right, title, and interest in and to the Input;  shall own all right, title, and interest in and to the Output, to the extent such ownership is legally permissible and hereby grants to TheyDo a non-exclusive, worldwide, royalty-free license to use, reproduce, process, and store the Input solely to the extent necessary to provide and improve the AI Services, in accordance with applicable data protection laws. Input means any data, prompts, content, or other materials that the Customer provides, uploads, or otherwise submits to the Platform. Output means any results, responses, or other content generated by the Platform (including through AI Services) in response to the Customer’s Input.

2. Notwithstanding Clause 4.1, the Parties acknowledge that certain Outputs generated through the AI Services may be created using generative AI technologies. If any AI generated Outputs do not qualify for copyright protection under applicable law and/or are owned by TheyDo, TheyDo hereby grants the Customer a non-exclusive, non-transferable, non-sublicensable and non-revocable license to use such Outputs for its internal business purposes. TheyDo reserves all rights, title, and interest in and to any underlying proprietary materials, intellectual property, technology, algorithms, models, and other elements of the AI Services used to generate the Output. For the avoidance of doubt, nothing in these Terms shall be construed as transferring or granting to the Customer any rights in or to the Platform. 

3. Customer is responsible for all Input and represents and warrants that it has all rights, licenses, and permissions required to provide Input to the AI Services. The Customer bears full responsibility for evaluating the accuracy, completeness, legality, and appropriateness of the Outputs in relation to its specific use case, including ensuring that the Outputs comply with applicable laws, regulations, and industry standards. 

4. Customer shall not be entitled to claim ownership of Output generated where such Output constitutes generic, publicly available, or non-customer-specific content that cannot reasonably be considered proprietary to the Customer.

5. Customer hereby grants TheyDo a non-exclusive, worldwide, royalty-free license with the right to sublicense to use, copy, process and analyze anonymized Inputs and Outputs submitted through AI Services to improve the AI Services of TheyDo. Such data may be used in anonymized form and will not include identifiable Customer or end-user information. This license includes the right to create derivative works and does not transfer ownership of the original Inputs or Outputs to TheyDo. 

5. Warranty; Disclaimer

1. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE PLATFORM IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THEYDO PROVIDES NO WARRANTY THAT THE PLATFORM, OR ANY RELATED MATERIAL OR DOCUMENTATION OR SERVICES SUPPLIED BY THEYDO, IS FREE FROM ANY DEFECT OR ERROR OR FUNCTIONS WITHOUT INTERRUPTION AND (EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THEYDO) THEYDO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND THE CUSTOMER ACKNOWLEDGES THAT THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THEYDO SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES AND MAKE THE PLATFORM AVAILABLE TO THE CUSTOMER IN ACCORDANCE WITH THESE TERMS. THE WARRANTIES AND REPRESENTATIONS SET OUT IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER EXPRESS OR IMPLIED (BY STATUTE OR COMMON LAW) WARRANTIES, REPRESENTATIONS OR CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS) EXCLUDED FROM THE TERMS.

2. THEYDO SHALL NOT BE LIABLE FOR THE CUSTOMER’S INABILITY TO USE THE PLATFORM OR DETERIORATION IN ITS PERFORMANCE TO THE EXTENT CAUSED BY: (I) MISUSE, INCORRECT OR UNAUTHORIZED USE OF THE PLATFORM, (II) FAILURE OF THE CUSTOMER’S IT INFRASTRUCTURE OR ANY PART OF IT, (III) USE OF THE PLATFORM NOT IN ACCORDANCE WITH GUIDANCE PROVIDED BY, OR IN COMBINATION WITH ANY SOFTWARE NOT APPROVED BY, THEYDO OR (IV) ANY BREACH OF THE CUSTOMER’S OBLIGATIONS UNDER THESE TERMS. THEYDO IS NOT RESPONSIBLE OR LIABLE IN RELATION TO PRODUCTS, HARDWARE, SOFTWARE, APPLICATIONS OR ANY EXTERNAL SYSTEM (INCLUDING THIRD PARTY INTEGRATIONS OR CONNECTIONS) CONNECTED BY CUSTOMER TO THE PLATFORM. THEYDO DOES NOT PROVIDE ANY UPTIME OR AVAILABILITY COMMITMENTS, SERVICE CREDITS OR OTHER SERVICE LEVEL COMMITMENTS UNDER THESE TERMS.  

6. Intellectual Property

1. TheyDo owns the Services and the Platform and any other content or materials provided to the Customer. TheyDo retains ownership of all rights, titles, and interests in any patent, copyright, trade secret, trademark, whether registered or not, or other intellectual or industrial property laws worldwide, as well as any know-how contained therein or related to the same (the IP Rights) and all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. The use of the Platform and the Services will not in whatever form result in any transfer of IP Rights from TheyDo to the Customer. 

2. The Customer shall notify TheyDo as soon as practicable after becoming aware of: (i) any actual, threatened or suspected infringement of any intellectual property rights (including know-how) in the Platform or any related material and (ii) any claim brought or threatened to be brought against the Customer alleging that its use of the Platform or any related material infringes any IP Right or other rights belonging to or alleged to belong to the claimant.

7. Confidentiality

1. The Parties undertake to treat as confidential any information in any form (written, digital, oral or otherwise, and including any copies) regarding a Party, its affiliates, and its business that is marked as or could reasonably be considered confidential, including information shared before the date of this Agreement, as well as the negotiations, existence and terms of this Agreement (the Confidential Information). Confidential Information includes Customer Data.

2. The obligation to keep confidential and not share Confidential Information does not apply to information that:

   • is already generally known;

   • was already provided to the Party under the confidentiality obligation before the Effective Date on a non-confidential basis;

   • was made available to the Party under the confidentiality obligation by third parties on a non-confidential basis, unless this third party in turn violated a confidentiality agreement by sharing the information.

3. No confidentiality obligation exists if a Party under a confidentiality obligation is legally obligated to disclose Confidential Information in judicial, official, or other proceedings. If one Party believes itself to be obligated in this way, it shall inform the other Party in writing in a timely fashion before the disclosure, insofar as this is legally permissible, so the latter can prevent the disclosure through legal steps. In this notification, the obligated Party shall inform the other Party in an appropriate form, for example on the basis of a written report of a legal advisor, what confidential information must be shared. The obligated Party shall only disclose the portion of the Confidential Information that must be disclosed.

8. Limitation of Liability

1. Under no circumstances will TheyDo be liable to the Customer, the user or any third party for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, use, goodwill, or other intangible losses (in each case whether loss is direct or indirect), resulting from:

   • your access to or use of or inability to access or use the Platform; 

   • any conduct or content of any third party on the Platform;

   • any content obtained from the Platform; and

   • unauthorized access, use, or alteration of your transmissions or content, 

   whether based on warranty, contract, tort (including negligence), or any other legal theory.

2. If the Platform integrates with third-party applications or services, those services are governed by their own terms and conditions. TheyDo is not responsible for such third-party services or their impact on the Customer’s use of the Platform.

3. IN NO EVENT WILL THEYDO’S AGGREGATE LIABILITY TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE CUSTOMER’S USE OF THE PLATFORM EXCEED ONE HUNDRED EUROS (EUR 100).

8. Fees

1. If the Customer has opted for a paid subscription, the Customer agrees to pay all fees for paid subscriptions as specified in the applicable order form (the Fees). 

2. Unless otherwise stated, Fees are due and payable in advance, in the currency indicated, and are non-refundable and non-cancellable except as required by law. TheyDo may suspend or terminate access to the Platform (and your subscription in its entirety) if fees are overdue. 

3. TheyDo may increase the Fees for a renewal term by up to 8% provided Customer is notified at least thirty (30) days before renewal. If Customer does not accept the increase, it may terminate the subscription effective at the end of the then-current term by giving written notice before renewal.

4. Unless otherwise stated, all fees are exclusive of applicable taxes, which shall be the responsibility of the Customer. 

5. TheyDo may review Customer’s usage of the Platform. If usage materially exceeds the subscribed limits, Customer must either reduce usage within two (2) months or upgrade to the appropriate subscription level. TheyDo may invoice for any underpaid Fees based on actual usage, including past usage.

Termination

1. For paid subscriptions, these Terms remain in effect for the subscription term specified in the Customer’s order form, provided all fees are paid in a timely manner. Free trial subscriptions will automatically terminate at the end of the applicable trial period, unless converted into a paid subscription.

2. Unless otherwise agreed in the order form, paid subscriptions will automatically renew at the end of each billing cycle for successive periods equal to the initial term, unless the Customer cancels the subscription through the Service interface prior to renewal. The Customer is solely responsible for managing its subscription and associated billing preferences. No refunds will be issued for partial periods or unused services.

3. Upon expiration or termination of these Terms:

   • the Customer must immediately cease all access to and use of the Platform;

   • TheyDo may suspend, deactivate, or delete the Customer’s account (and associated user accounts), together with any related information or files, without liability to the Customer or its users; and

   • any rights or licenses granted under these Terms shall automatically terminate.

4. Any provisions of these Terms which, by their nature, are intended to survive termination will remain in full force and effect, including without limitation provisions relating to ownership, intellectual property, confidentiality, disclaimers, indemnities, limitations of liability, and payment obligations.

11. General, Governing law and courts

1. These Terms constitute the entire agreement between the Parties. 

2. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

3. The Customer shall not, without the prior written consent of TheyDo, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

4. These Terms (including contractual and non-contractual disputes or claims) will be governed by the Laws of England and Wales. 

5. All claims (including contractual and non-contractual disputes or claims) arising out of or relating to these Terms will be brought exclusively in the courts of England and Wales.