Terms of Service

These Terms of Service (“ToS”) govern Customer’s access to and use of the Service offered by Driftstack. Capitalised terms are defined in Section 2 (Defined terms) below. The Privacy Policy, the Data Processing Agreement, and the Acceptable Use Policy are incorporated by reference and form part of the agreement between the Parties.

The Service is provided to business customers only. The Service is not intended for, and is not offered to, consumers within the meaning of Article 7:5 of the Dutch Civil Code (Burgerlijk Wetboek) or Article 2(1) of Directive 2011/83/EU. Customer represents that its acceptance is on behalf of a legal entity acting in the course of its trade, business, craft, or profession.

1. Acceptance + parties

By creating an Account, by recording an Acceptance through the API, or by accessing the Service through an API Key issued to Customer, Customer agrees to these ToS. The individual recording the Acceptance represents that they are authorised to bind Customer.

The agreement is between Driftstack and Customer. The agreement takes effect on the Effective Date of the most recent Acceptance.

2. Defined terms

Capitalised terms in this ToS have the meanings set out in the Definitions. If a term is capitalised here but not defined in the Definitions, the term carries its plain English meaning.

3. The Service

Driftstack provides an iPhone-archetype Safari automation platform. Specifically, Driftstack provides:

1. An API (the /v1/ endpoints) accepting Customer instructions and returning Session and Capture artifacts.
2. SDKs (TypeScript, Python, Go) that wrap the API.
3. A self-hosted GUI Client for operating Sessions interactively.
4. Mac mini fleet infrastructure that hosts the WebKit driver processes underlying each Session.

The Service is delivered as a managed cloud offering (default) or as a self-hosted deployment Customer runs on its own Macs under a Self-Hosted Solo, Pro or Enterprise licence, as offered on the self-hosted page and agreed in an Order Form. The applicable deployment model is set out in Customer’s Subscription configuration.

The Service is intent-based. Customer expresses intent through the API (e.g. “tap the button matching this selector”, “wait until this URL pattern appears”); the Service’s behavioural simulation layer determines the mechanical execution (coordinates, motion, timing). Customer does not have direct access to coordinate-level or event-level primitives through the customer-facing SDKs.

Live-session viewing and desktop-local recording. Each session’s screen is streamed from the start to Driftstack’s own video relay on the same serving machine, so you and your team’s admins can watch it live. Driftstack does not record it, and Driftstack support cannot join. When a viewer opens the live view, the viewer’s browser contacts public address-lookup (STUN) servers run by Google and Twilio to learn its own network address. Those servers see the viewer’s IP address and nothing else; no session data or media passes through them. Live-session media is ephemeral: Driftstack does not store it, and frames are dropped on session end. The GUI Client may independently write streamed frames as local NDJSON recording files in the app data directory on Customer’s device. That recording workflow does not upload those files or frames to Driftstack’s API, control plane, or Cloudflare R2.

Driftstack provides no API recording endpoint or cloud recording- retention window. The API Capture endpoint returns requested screenshot, DOM snapshot, or PDF bytes inline and does not retain the artifact. Live-session media is encrypted in transit on each WebRTC connection using DTLS-SRTP. Driftstack’s own video relay receives and forwards the media. Driftstack does not currently provide application-level end-to-end encryption through the relay.

4. Account + authorised users

4.1 Account. Customer registers an Account with the legal entity name, billing address, and (where applicable) VAT/BTW identification number representing the entity acting on these ToS.

4.2 Authorized Users. Customer may grant access to its Authorized Users through API Keys with appropriate scopes. Customer is responsible for the actions of its Authorized Users, including any acts or omissions that would constitute a violation of these ToS or the AUP if performed by Customer.

4.3 API Keys. API Keys are confidential. Customer is responsible for the confidentiality of its API Keys and for all use of the Service under those keys. Customer notifies Driftstack without undue delay of any suspected compromise; Driftstack provides a revocation mechanism through the admin API.

4.4 No multi-customer use. A single Account may not be used to provide the Service to third parties as a reseller or service bureau absent an explicit reseller agreement separately negotiated.

5. Customer responsibilities

5.1 Lawful use. Customer is responsible for ensuring its use of the Service complies with all law applicable to Customer’s jurisdiction and to the jurisdictions of the targets Customer interacts with through the Service. The Service is general-purpose infrastructure; Driftstack does not pre-clear specific use cases.

5.2 AUP compliance. Customer complies with the Acceptable Use Policy, which is part of this agreement.

5.3 Customer-Connected Services. The Service relies on Customer-Connected Services for production-grade automation: HTTP / SOCKS5 proxies, captcha-solving services, email-verification services, and SMS-verification services. Customer is responsible for procuring, authenticating, and paying for these services. Customer holds the relationship with the third-party provider; Driftstack does not contract with these providers on Customer’s behalf, does not guarantee availability or quality of these services, and does not warrant that any specific provider will work with the Service.

5.4 Customer Workflows + Customer Data. Customer is solely responsible for the content of its Customer Workflows and the processing of Customer Data through them. Customer represents that its Customer Workflows do not violate the AUP and that Customer holds the rights necessary to process the Customer Data it submits.

5.5 Customer warranties. Customer warrants that:

1. It is duly organised under the law of its jurisdiction and has authority to bind itself to these ToS.
2. Its use of the Service against any given target does not, to Customer’s knowledge, violate the target’s posted Terms of Use in a manner the target has not authorised.
3. It has a lawful basis under Article 6 GDPR (or applicable equivalent) for any Personal Data it processes through the Service.
4. It complies with applicable export control law (including EU Dual Use Regulation (EU) 2021/821 and equivalent regimes) and does not route the Service to or for the benefit of any sanctioned person or entity.

5.6 Cooperation. Customer cooperates in good faith with Driftstack’s response to AUP violations, abuse reports, and valid legal process.

5.7 Network connection for Sessions. Every Session connects to the internet only through a proxy or VPN connection that Customer supplies and chooses for it, which is a Customer-Connected Service under Section 5.3. Driftstack does not provide a network connection, exit address, or proxy for Sessions. A Session for which Customer has chosen no proxy or VPN connection does not start. SOCKS5 proxies can be used on every Plan; an HTTP proxy can be saved and tested, but no Session runs through one. OpenVPN and WireGuard connections are available on paid Plans.

5.8 Verification checks on websites. A website may show a verification check during a Session, for example a CAPTCHA or a “verify you are human” page. When the Service recognises one, it may pause the Session and tell Customer, so that a person can deal with the check in the live view, take over the Session, or end it. Customer is responsible for making sure that the way it handles each check is lawful and allowed by that website’s terms. Where Customer connects a captcha-solving service (a Customer-Connected Service under Section 5.3) or supplies a check’s solution from its own systems, Customer may use it only on websites where it has the right to do so: its own websites, a client’s websites with that client’s permission, or a website whose operator permits it.

6. Intellectual property

6.1 Driftstack IP. As between the Parties, Driftstack owns all right, title, and interest in and to the Service, including the Platform software, the API, the SDKs, the GUI Client, the behavioural simulation library, the Mac mini fleet infrastructure, the Driftstack name and trademarks, and all derivative works generated by Driftstack from Customer-supplied feedback or configuration. The Service is licensed, not sold; nothing in this ToS transfers ownership.

6.2 Customer IP. As between the Parties, Customer owns all right, title, and interest in and to its Customer Workflows and Customer Data, including any output Customer generates by running the Service under those Workflows. Driftstack receives a limited, non-exclusive, non-transferable, sub-licensable (only to Sub-processors) licence to process the Customer Workflows and Customer Data solely as necessary to provide the Service.

6.3 Customer feedback. If Customer provides Driftstack with feedback, suggestions, or feature requests, Customer grants Driftstack a perpetual, worldwide, royalty-free, non-exclusive licence to use that feedback to improve the Service. The licence does not extend to Customer’s confidential information unless Customer separately identifies the feedback as non-confidential.

6.4 No reverse engineering. Customer does not (and does not permit any third party to) reverse engineer, decompile, or disassemble the Service except to the extent permitted by mandatory applicable law (including Article 6 of Directive 2009/24/EC on the legal protection of computer programs, where Customer is established in the EU).

6.5 Open-source components. The Service incorporates open-source software components subject to their respective licences. A list is maintained at the URL published in Driftstack’s developer documentation.

7. Confidentiality

7.1 Confidential Information. “Confidential Information” means any non-public information disclosed by one Party to the other in connection with this agreement, marked or identified as confidential or that a reasonable recipient would understand to be confidential under the circumstances. Driftstack’s Confidential Information includes pricing not yet published, product roadmaps, and technical internals. Customer’s Confidential Information includes Customer Workflows, Customer Data, Customer-Provided Secrets, and the identity of Customer’s specific targets to the extent not generally known.

7.2 Obligations. Each Party uses Confidential Information only to perform under this agreement, protects it with at least the degree of care it uses for its own confidential information of like importance (and no less than reasonable care), and discloses it only to its personnel and contractors with a need to know who are bound by confidentiality obligations no less protective than this clause.

7.3 Exceptions. Confidentiality obligations do not apply to information that (a) is or becomes publicly available without breach of this clause, (b) was lawfully in the recipient’s possession before disclosure, (c) is independently developed by the recipient without use of the disclosing Party’s Confidential Information, or (d) is required to be disclosed by law or valid legal process. The recipient subject to a disclosure requirement notifies the disclosing Party where lawful.

7.4 Survival. Confidentiality obligations survive termination for as long as the Confidential Information retains its confidential character.

8. Fees + payment

8.1 Fees. Customer pays the Fees for the Plan it selects. Every Plan includes the desktop application, the API and the SDKs. Plans differ in how many Profiles can run Sessions at the same time; how many Profiles and proxies, and how much Profile storage, Customer can keep; the API request rate; the AI Credits included; whether teammates and VPN connections are included; and the support that comes with them. The current Plans, their limits and their prices are published at https://driftstack.io/pricing/. A Plan shown there as sold by contacting Driftstack is sold by Order Form until Driftstack offers it online. Enterprise is priced by agreement in an Order Form. Prices are in US dollars. Fees are exclusive of VAT unless explicitly stated; VAT is added at the rate applicable to Customer’s location at invoice issuance.

8.2 Billing cycles. Paid Plans bill in advance, monthly or yearly, as Customer chooses. A yearly Subscription costs ten (10) times the monthly Fee for twelve (12) months of the Plan, and renews each year until Customer cancels. Subscriptions paid by cryptocurrency (Section 8.3, item 4) are paid one month at a time. Enterprise bills as agreed in its Order Form, annually in advance by default.

8.3 Payment methods. The Service accepts:

1. Card payments (Visa, Mastercard, American Express, regional cards where available), including Apple Pay and Google Pay, via Stripe.
2. Link, Stripe’s saved-payment service, via Stripe.
3. Amazon Pay, via Stripe.
4. Cryptocurrency, via Confirmo, on Confirmo’s hosted payment page; each payment covers one month of a Plan. Section 8.7.1 applies to any Subscription paid in cryptocurrency.

8.4 VAT / BTW.

1. Customers established in the Netherlands are charged Dutch BTW at the prevailing rate (currently 21%).
2. Customers established in another EU Member State and providing a valid VAT identification number are subject to Reverse-Charge VAT: Driftstack invoices without BTW, and Customer accounts for VAT under its own member state’s regime. Customer is responsible for verifying its own VAT identification number.
3. Customers established outside the EU are invoiced without BTW and are responsible for any applicable import VAT, GST, sales tax, or equivalent under their own jurisdiction.
4. Where the EU “place of supply” rules under Council Directive 2006/112/EC, as amended, would shift Driftstack’s VAT obligation, Driftstack reserves the right to register and remit accordingly and to update this clause on Major-version notice.

8.5 Late payment. Fees are due upon issuance of invoice (for recurring billing, this is the Subscription renewal date). Past-due amounts accrue interest at the statutory commercial rate under Article 6:119a of the Dutch Civil Code (wettelijke handelsrente). If a payment fails, access stops until the payment goes through; your data is kept. While a payment is outstanding, Customer cannot start new Sessions or use the AI agent, and running Sessions end, but the Account, its Profiles, proxies and settings are kept, and access returns automatically once the payment succeeds. If the payment is still unpaid when the payment provider stops retrying it, the Subscription ends as described in Section 8.12.

8.6 Disputes. Customer may dispute an invoice in good faith by written notice within 30 days of invoice issuance, identifying the specific charge disputed and the basis. Undisputed amounts remain due. Resolution of disputed amounts follows Section 17 (Dispute resolution).

8.7 Refunds. Subscriptions are non-refundable except where mandated by law. Driftstack may, at its discretion, issue pro-rated refunds for service failures attributable to Driftstack. A yearly Subscription follows the same rule as a monthly one.

8.7.1 Crypto payments are non-refundable, with the exceptions below. Subscriptions paid in cryptocurrency are non-refundable in all other cases, including but not limited to buyer’s remorse and price movement between order and any potential refund. (a) Where a crypto payment was received but the Plan could not be delivered, Customer chooses whether the Plan is granted or the payment is returned. Where the Account is suspended or closed, the Plan is granted only if Driftstack reinstates the Account under Section 14.6 or, for an Account not suspended or closed under Section 14, the Account can still be restored; otherwise, or if the Plan still cannot be delivered, the payment is returned. (b) Where an order was paid only in part and was not completed, Customer chooses whether the amount received is granted as Plan time or AI Credits or returned. (c) Where Driftstack closes the Account other than for cause, or suspends it other than for cause and does not reinstate it before the paid period ends, the unused part of each paid period is returned pro rata; where Driftstack suspends the Account other than for cause and reinstates it before then, the paid period is extended by the time the Account was suspended; where Driftstack closes or suspends the Account for cause (in this Section 8.7.1, only a breach of this ToS or the AUP by Customer or its Authorized Users, fraud by any of them, or a suspension or closure the law requires), nothing is returned. (d) A payment made while a paid month is still running buys the next month: it is added after the paid time Customer already has and starts when that ends (for a higher Plan, it starts at once and the unused time of the lower Plan follows it; for a lower Plan, it starts when the paid time of the higher Plan ends). Where Customer made a second payment by mistake and tells Driftstack before the month it bought has started, that payment is returned, or granted as Plan time or AI Credits if Customer agrees. (e) Where Customer paid more than an order’s amount by mistake, the extra is returned on request, or granted as Plan time or AI Credits if Customer agrees. (f) Where Customer terminates under Section 15.3, the unused part of each paid period after the termination takes effect is returned pro rata, as under (c). Where the Account is closed or suspended for cause, a payment under (a) or (b), a payment returned under the second sentence of (d), or the extra under (e), is returned and does not reinstate the Account. A payment is returned as the cryptocurrency received, in the same asset and amount (under (c), the pro-rata part of each payment; under (e), the extra only) and on the same network, to an address Customer gives, and Driftstack pays the network fee, unless the law forbids the return. Driftstack grants Plan time or AI Credits instead of returning a payment only if Customer agrees, and keeps no money balance on the Account. Plan time or AI Credits granted for a payment are worth the share of its order that the payment covers (under (c), the unused share; under (e), the extra as a share of the order’s amount): Plan time for that share of the order’s period, rounded up to whole days, or AI Credits worth that share of the order’s price in US dollars, at US$0.01 each (Section 8.11, item 1), which expire twelve (12) months after they are granted. A Subscription paid in cryptocurrency does not renew by itself: each payment covers one month of the Plan (Section 8.3, item 4), and not paying again does not refund the current month. Apart from these exceptions, Driftstack’s sole obligation under this clause is to honour the service entitlement through the end of the current paid period. Card refund mechanics (8.7, above) do not apply to crypto-paid Subscriptions.

8.8 Plan changes. Customer may move to a larger or smaller Plan, or between monthly and yearly billing, at any time through the Service. A move to a larger Plan takes effect immediately, and Customer pays the pro-rated difference for the rest of the current billing period. A move to a smaller Plan takes effect at the next renewal. New limits apply to Sessions started after the change.

8.9 Trial. A new Account may use the Service free of charge for seven (7) days from sign-up (the “Trial”). No payment method is needed to start a Trial. During the Trial, Customer may use the Service within the Trial’s limits: two (2) hours of Session time in total, at most twenty (20) minutes per Session, one (1) saved Profile, Sessions presenting as iPhone 13 or iPhone 13 mini only, no teammates and no VPN connections. The Trial does not include the AI agent or any AI Credits. The Trial ends at the end of the seven days, or earlier when Customer subscribes to a paid Plan. When the Trial ends:

1. Customer can still sign in and see its Account, and keeps its Profiles, proxies and settings;
2. Customer cannot start new Sessions until it subscribes to a paid Plan; and
3. if Customer does not subscribe within thirty (30) days of the end of the Trial, Driftstack may delete the Account and its Customer Data as described in Section 14.5(4) of these Terms of Service and in the Privacy Policy, after telling Customer by email at least seven (7) days before.

Driftstack may limit Trials to one per Customer, and may end a Trial early where it is used in breach of the AUP.

8.10 Fair use. Except for the Trial’s limits (Section 8.9), Session hours are not metered, and no paid Plan has an hours allowance. Use of the Service is subject to fair use: use that stays within the Plan’s published limits and is consistent with ordinary operation of the number of Profiles the Plan runs at the same time. Driftstack may contact Customer about use that materially exceeds what is normal for its Plan or degrades the Service for other customers. If that use continues after notice, Driftstack may limit it or ask Customer to move to a Plan that fits it. This Section does not limit Section 14.4.

8.11 AI Credits.

1. What they are. The AI agent runs a Session from a task Customer describes. It runs either on Customer’s own model provider key or on Driftstack’s model access, paid for with AI Credits. One AI Credit is worth US$0.01. Use on AI Credits is measured by the tokens the model uses, at the rates of Driftstack’s published rate card; a call that is stopped or cut off before it ends is charged the input and cache tokens counted and its output at the most that call was allowed to write, and a call that was sent but returned no count (including one stopped before any count arrived) is charged the most that call could cost. Driftstack publishes every change to the rate card and records it in the API changelog. After Launch, a change that raises the rate of a model by more than ten percent (10%), compared with that model’s rate thirty (30) days earlier, or that removes a model from the rate card, takes effect at least thirty (30) days after Driftstack announces it; before Launch it takes effect when it is published (Section 15.5). Any other change, including adding a model, replacing a model, lowering a rate or raising a rate by ten percent (10%) or less, takes effect when it is published. Some models run only on Customer’s own key, as the documentation lists. The most AI Credits a single message can use is set per model in the documentation.
2. Included AI Credits. Each paid Plan includes the number of AI Credits a month published on the pricing page, or, for Enterprise, the number in the Order Form. They are given for each month of a paid Subscription, whether it is billed monthly or yearly, and expire at the end of that month. Unused AI Credits do not roll over. The Trial includes no AI Credits (Section 8.9).
3. Customer’s own key. On an Account that uses AI Credits, Customer may supply its own model provider key with a request, or store one in its Account. A key supplied with a request is used for that request. A key stored in the Account is used as Customer chooses in its Account settings: always (its own key), never (AI Credits), or automatically (the setting unless Customer chooses another), which uses AI Credits first and the stored key when the AI Credits cannot pay for a task or for a model that runs only on Customer’s own key. The provider bills Customer directly for use on Customer’s key under Customer’s own agreement with it. That use does not consume AI Credits.
4. At zero. When no AI Credits are left, the AI agent does not run on Driftstack’s model access until AI Credits are available again (the next month’s AI Credits, or AI Credits Driftstack adds). Customer’s own key keeps working as item 3 describes. Driftstack does not charge money for AI use beyond the included AI Credits.
5. Counted from the start. On an Account that uses AI Credits, Driftstack measures and records every AI task on its model access against Customer’s AI Credits.
6. Refunds and reversals. If a payment is refunded, reversed or successfully disputed, the AI Credits given for it are withdrawn. AI Credits already used from it may be deducted from AI Credits given later. This is never charged to Customer as money.
7. Earlier Plans. On an Earlier Plan, bundled AI use continues as it was offered on that Plan (Section 8.13) until Driftstack moves the Account to AI Credits, on notice after Launch (Section 15.5).

8.12 When a paid Plan ends. When a paid Subscription ends, Customer keeps the Account: it can sign in and see its Account, and keeps its Profiles, proxies and settings, but cannot start new Sessions until it subscribes again. A Subscription ends when it is cancelled (at the end of the period paid for), when it ends under Section 8.5, or when a cryptocurrency-paid month ends without renewal. Sections 14.4 and 14.5 are unaffected.

8.13 Earlier Plans. A Customer subscribed to a Plan that is no longer offered (Personal, Team (earlier), Agency, API Starter, API Builder or API Scale) keeps that Plan, its price and its limits until Customer changes Plan or for twelve (12) months from the Effective Date, whichever comes first. On API Scale, Customer also keeps 99.9% monthly availability and a first response to Severity-1 incidents within four (4) hours, with the service credits of the SLA policy, until Customer changes Plan or for twelve (12) months from the day the Account’s first paid Subscription to API Scale began, whichever comes first. An Account given API Scale by Driftstack without a paid Subscription (for example as a courtesy or for testing) has no service level under this section, as on the Trial. An Account on the earlier Free Plan is moved to the Trial, and its seven (7) days start on the day it is moved.

9. Service levels

9.1 No guaranteed service level on self-serve Plans or Self-Hosted Solo and Pro. The Trial and the Starter, Pro, Team and Scale Plans are provided without a contractually binding service level agreement. Driftstack uses commercially reasonable efforts to maintain availability but does not commit to an uptime percentage on these Plans. Support is by community and email on the Trial; by email with a 48-hour reply target on Starter and Pro; by priority email on Team; and by priority email and, on request, a shared channel on Scale, as described on the pricing page. A reply target is a target, not a commitment. A Self-Hosted Solo or Pro licence also comes without a contractually binding service level; its support is as described on the self-hosted page, and a reply target there is a target, not a commitment.

9.2 Enterprise. Enterprise Plans and Self-Hosted Enterprise licences carry the service level, uptime commitment and named contact set out in the Enterprise Order Form. That Order Form governs in case of conflict with this Section 9.

9.3 Maintenance. Driftstack performs scheduled maintenance during windows announced at least 48 hours in advance through the Service’s status page at https://status.driftstack.io. Customers may also subscribe to email notifications of incidents via the form on the status page. Emergency maintenance may be performed without notice when required to address a security or integrity issue.

9.4 Force majeure events (Section 19) suspend service-level obligations.

10. Data + privacy

10.1 Privacy Policy. Driftstack’s processing of Personal Data as Controller is governed by the Privacy Policy.

10.2 DPA. Driftstack’s processing of Personal Data as Processor on Customer’s behalf is governed by the Data Processing Agreement, which is incorporated by reference.

10.3 Customer-Provided Secrets. Driftstack stores Customer-Provided Secrets encrypted at rest and Processes them only to execute Customer’s instructions. The DPA’s Annex 2 (Technical and Organisational Measures) sets out the protective measures.

10.4 AI agent. When the AI agent runs on AI Credits (Section 8.11), Driftstack sends the task and the Session content the agent needs to Anthropic, PBC, a Sub-processor listed in the Privacy Policy and DPA Annex 3. When it runs on Customer’s own key, Driftstack passes the request to Customer’s provider without keeping it, and the provider is not Driftstack’s Sub-processor.

11. Warranties + disclaimer

11.1 Driftstack warranties. Driftstack warrants that:

1. It will provide the Service in a workmanlike manner consistent with industry practice for similar services.
2. It will not knowingly introduce malicious code into the Service.
3. It will maintain the Sub-processor list in the Privacy Policy in good faith and reflect material changes per the notification mechanism in Section 3.4 of the DPA.
4. It will respond to security vulnerability reports under a coordinated disclosure policy published separately.

11.2 Disclaimer. Except as expressly stated in Section 11.1, the Service is provided “as is” and “as available”, and Driftstack disclaims all other warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement, to the maximum extent permitted by applicable law.

11.3 Customer assumes risk on target compatibility. Driftstack does not warrant that any specific target site will be reachable, will not change in ways that break Customer Workflows, or will not detect or block Customer’s automation. The Service’s fingerprint parity is a moving target; the cumulative fingerprint rig parity ledger documents the current state of known residuals.

12. Indemnification

12.1 Driftstack indemnifies Customer against third-party claims that the Service, as provided by Driftstack and used by Customer in accordance with this ToS, infringes the third party’s intellectual property rights enforceable in the European Union or in Customer’s jurisdiction. Driftstack’s obligation under this Section 12.1 is limited to (a) defence of the claim with counsel of Driftstack’s choosing, and (b) settlement or final-judgment damages directly attributable to the infringement.

12.2 Carve-outs from Driftstack’s indemnification. Driftstack’s obligation under Section 12.1 does not extend to claims arising from (a) Customer Workflows or Customer Data; (b) Customer-Connected Services; (c) Customer’s use of the Service in a manner not authorised by this ToS or the AUP; (d) Customer’s modification of the Service; or (e) combination of the Service with materials not provided by Driftstack where the claim would not exist absent the combination.

12.3 Customer indemnifies Driftstack against third-party claims arising from (a) Customer’s use of the Service against any target (including target-operator claims for breach of target’s posted terms, where Customer lacked the authorisation it represented under Section 5.5); (b) Customer’s processing of Personal Data through the Service in violation of applicable data-protection law; (c) Customer’s violation of the AUP; (d) Customer’s combination of the Service with Customer-Connected Services or other materials; and (e) Customer’s breach of Section 5.5 warranties.

12.4 Indemnification procedure. The indemnified Party (a) notifies the indemnifying Party promptly of any claim subject to indemnification, (b) gives the indemnifying Party sole control of the defence and settlement (provided that no settlement that admits liability or imposes non-monetary obligations on the indemnified Party is made without the indemnified Party’s consent), and (c) provides reasonable cooperation in the defence at the indemnifying Party’s expense.

13. Limitation of liability

13.1 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, each Party’s aggregate liability under or in connection with this agreement is limited to the total Fees paid or payable by Customer to Driftstack under this agreement during the twelve (12) months immediately preceding the event giving rise to the claim.

13.2 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, neither Party is liable for any indirect, incidental, special, consequential, or punitive damages, lost profits, lost revenues, lost data, or business interruption, regardless of the legal theory under which the claim arises and regardless of whether the Party was advised of the possibility of such damages.

13.3 Carve-outs from the cap and excluded damages. Sections 13.1 and 13.2 do not limit liability for:

1. Gross negligence or willful misconduct (opzet of bewuste roekeloosheid) by the liable Party or its officers or directors.
2. Indemnification obligations under Section 12.1 (Driftstack’s IP infringement indemnification) or Section 12.3 (Customer’s indemnifications), each capped only as stated in those sections if at all.
3. Breach of Section 7 (Confidentiality).
4. Customer’s payment obligations under Section 8.
5. Liability for death or personal injury caused by the liable Party’s negligence (where applicable law mandates).
6. Any other liability that may not be limited or excluded under applicable law (notably: certain consumer-protection liability, though this ToS is B2B-only, and certain product-liability regimes).

13.4 Allocation rationale. The Parties acknowledge that the limitations and carve-outs in this Section 13 are an essential basis of the bargain, that the Fees reflect the allocation of risk, and that the limitations would apply even if a remedy fails of its essential purpose.

14. Term + termination + suspension

14.1 Term. The agreement begins on the Effective Date and continues until terminated under this Section.

14.2 Termination for convenience. Either Party may terminate the agreement for convenience on thirty (30) days’ written notice, effective at the end of the then-current billing cycle. Customer’s liability for Fees through the effective date is unchanged.

14.3 Termination for cause. Either Party may terminate the agreement immediately on written notice if the other Party (a) materially breaches this agreement and fails to cure within thirty (30) days of written notice of the breach (no cure period for breach incapable of cure), (b) becomes insolvent, files for bankruptcy or has bankruptcy filed against it, or assigns its assets for the benefit of creditors, or (c) ceases to do business.

14.4 Suspension by Driftstack. Driftstack may suspend Customer’s account immediately on written notice (which may be electronic) if (a) Customer’s use violates the AUP per Section 5 of the AUP, (b) Customer’s use poses an imminent threat to the Service’s integrity or to other customers, (c) Customer is more than thirty (30) days past due on undisputed Fees (separately, Section 8.5 stops access as soon as a payment fails), or (d) Driftstack is required by law or valid legal process to suspend.

14.5 Effect of termination or suspension.

1. Customer’s API Keys are revoked.
2. Active Sessions are destroyed.
3. Customer’s right to access the Service ceases.
4. Driftstack retains Customer Data for the periods specified in the Privacy Policy (typically 30 days post-termination for content data, longer for billing and tax records as required by Dutch law) and then deletes per the retention schedule. Customer may request earlier deletion subject to Driftstack’s continuing obligations under applicable law.
5. Sections that by their nature survive (Confidentiality, IP, Indemnification, Limitation of Liability, Governing Law, Dispute Resolution, Notices, and this clause) survive termination.

14.6 Suspension’s reversibility. Suspension is reversible. Customer may dispute or remediate during a suspension; if the underlying issue is resolved, Driftstack reinstates the account.

15. Modifications

15.1 Modification procedure. Driftstack may modify this ToS by publishing a new version at the URL where this ToS is hosted (or by notifying Customer through the API and recording the new version in the legal-acceptance machinery).

15.2 Material modifications. Before Launch, every modification takes effect when it is published. After Launch, material modifications (those that materially alter Customer’s rights, obligations, or fees) take effect no earlier than thirty (30) days after notification to Customer. Customer’s continued use of the Service after the new version’s effective date constitutes Acceptance. Adding, replacing or removing a Sub-processor is not a modification of this ToS; it follows the notice and objection mechanism in Section 3.4 of the DPA.

15.3 Customer’s option on Material modification. After Launch, Customer may terminate the Subscription on written notice given before the new version’s effective date, without penalty and with pro-rated refund of pre-paid Fees attributable to periods after the termination effective date. Before Launch, this option does not apply.

15.4 Non-material modifications. Non-material modifications (typo, formatting, clarification, additional examples that do not change obligations) take effect immediately on publication and do not require new Acceptance.

15.5 Before Launch. Before Launch, changes to this ToS, the Privacy Policy, the DPA and the rate card take effect when they are published, and no notice period applies to them, including the thirty (30) day period in Section 8.11, item 1; and Driftstack may move an Account on an Earlier Plan to AI Credits without notice (Section 8.11, item 7). The right to object to a Sub-processor change in Section 3.4 of the DPA is not affected.

16. Governing law

16.1 This agreement is governed by the laws of the Netherlands, excluding its conflict-of-law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods.

16.2 The mandatory provisions of any consumer-protection law of Customer’s jurisdiction (where Customer’s national law would so mandate) are not waived by this Section 16. As noted in the preamble, the Service is offered to business customers only and is not intended to engage consumer-protection regimes.

17. Dispute resolution

17.1 Good-faith negotiation. The Parties first attempt to resolve any dispute through good-faith negotiation between authorised representatives within thirty (30) days of either Party’s written notice of the dispute.

17.2 Jurisdiction. Disputes not resolved through Section 17.1 are subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands, except that either Party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

17.3 Class action waiver. Each Party waives any right to participate in a class action, collective action, or representative proceeding against the other Party arising out of this agreement, to the extent permitted by applicable law.

18. Export controls

Customer represents and warrants that it complies with all applicable export-control law, including (without limitation) Regulation (EU) 2021/821 on dual-use items, US Export Administration Regulations (15 CFR §§ 730–774) where applicable, and US OFAC sanctions where applicable. Customer does not export, re-export, or route the Service to any sanctioned jurisdiction or sanctioned person without all required authorisations.

19. Force majeure

Neither Party is liable for failure or delay in performance (other than payment of Fees) caused by events beyond the Party’s reasonable control, including (without limitation) acts of war, terrorism, civil disturbance, natural disaster, public-health emergency declared by a competent authority, pandemic, internet or telecommunications outage outside the Party’s control, action of government, or failure of a Sub-processor that is itself caused by a force-majeure event. The affected Party notifies the other Party without undue delay and uses commercially reasonable efforts to mitigate.

20. Notices

20.1 Notices to Driftstack are addressed to [email protected].

20.2 Notices to Customer are addressed to the billing email provided by Customer in its Account, to any other notice address Customer has provided, or to the in-product notification mechanism where applicable.

20.3 Notices are effective on receipt for postal mail and on transmission for electronic delivery, in each case during the recipient’s normal business hours (or on the next business day if sent outside business hours).

21. Severability + entire agreement + assignment

21.1 Severability. If any provision of this agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force, and the invalid provision is replaced by an enforceable provision that approximates as closely as possible the Parties’ intent.

21.2 Entire agreement. This ToS, together with the Privacy Policy, the DPA, the AUP, the Definitions, and any commercial order form or schedule signed by both Parties, constitutes the entire agreement and supersedes all prior agreements between the Parties on the Service.

21.3 Assignment. Customer may not assign this agreement without Driftstack’s prior written consent (not to be unreasonably withheld), except that Customer may assign to an affiliate under common control or to a successor in connection with a merger, acquisition, or sale of substantially all of Customer’s assets (with notice to Driftstack). Driftstack may assign this agreement, including in connection with a corporate reorganisation, with notice to Customer.

21.4 No third-party beneficiaries. No third party has rights under this agreement.

21.5 Independent contractors. The Parties are independent contractors. Nothing in this agreement creates a partnership, joint venture, or agency relationship.

21.6 Headings. Section headings are for convenience and do not affect interpretation.

22. Contact

For all matters relating to these Terms of Service:

• Legal: [email protected]
• Privacy: [email protected]
• Provider: Driftstack, a sole proprietorship (eenmanszaak) registered with the Dutch Chamber of Commerce (KvK) under number 42064799.

End of ToS.