Terms & Conditions.

Article 1. Definitions

1.1 Membership: the agreement under which the Customer is granted access to the Platform, the agreed Services and creative capacity for a Billing Period.

1.2 Account: a personal user profile through which access to the Platform is obtained.

1.3 Active Capacity: the maximum number of Design Requests that Dyseno actively processes at the same time under the selected Plan.

1.4 AI Features: all features offered by Dyseno that use artificial intelligence in whole or in part, including the generation, editing, enhancement, animation, synthesis or analysis of text, images, audio or video.

1.5 AI Input: prompts, instructions, reference files, personal data and other data submitted to an AI Feature.

1.6 AI Output: results generated or edited by or with the assistance of an AI Feature.

1.7 Administrator: the user who can manage the organisation, teams, roles, billing and Membership on behalf of the Customer.

1.8 Team Member: a user authorised by the Customer who uses the Platform within the permissions granted to them.

1.9 Customer Content: all information, files, text, trademarks, fonts, images, voices, portraits, personal data, instructions and materials provided or uploaded by or on behalf of the Customer.

1.10 Deliverable: a result delivered by Dyseno as part of a Design Request, including concepts, designs, source files and output files.

1.11 Services: the Platform, design and creative services, AI Features, storage and all additional services included in the Agreement.

1.12 Dyseno: Dyseno B.V., having its registered office at Zaailand 106, 8911 BN Leeuwarden, the Netherlands, and registered with the Dutch Chamber of Commerce under number 69777136.

1.13 Billing Period: the month, quarter, year or other period specified in the Order Confirmation for which billing takes place in advance.

1.14 Customer: any natural person or legal entity that enters into an Agreement with Dyseno in the course of a profession or business, including businesses, institutions and agencies acting for themselves or on behalf of their clients.

1.15 Order Confirmation: the electronic confirmation, checkout, quotation, membership confirmation or other written record of the selected Plan, price and Billing Period.

1.16 Design Request: an assignment, brief, revision or other creative request submitted through the Platform.

1.17 Agreement: the arrangements between Dyseno and the Customer, consisting of the Order Confirmation, any quotation or additional agreement, the Privacy Policy and these Terms and Conditions.

1.18 Pause Membership: a paid membership without active design capacity that retains access to requests, brands, team functionality and AI Features.

1.19 Plan: the selected membership tier, such as Mini, Pro, Max or a successor or custom plan.

1.20 Platform: the websites, web applications, dashboards, portals, APIs and other digital environments made available by Dyseno.

1.21 Business Day: Monday through Friday, excluding public holidays generally recognised in the Netherlands and closure days announced by Dyseno in advance, calculated in the Europe/Amsterdam time zone.

Article 2. Applicability, business users and order of precedence

2.1 These Terms and Conditions apply to all offers, Order Confirmations, Agreements, Services and legal relationships in which Dyseno acts as provider or contractor.

2.2 Dyseno offers the Services exclusively to natural persons and legal entities acting in the course of a profession or business. By creating an Account, entering into a Membership or using the Services, the Customer confirms that it acts exclusively for business or professional purposes and, where applicable, is authorised to represent the stated business or organisation. If, despite the foregoing, a person legally acts as a consumer, only those rights that cannot be excluded under mandatory law shall continue to apply.

2.3 The applicability of purchasing terms or other terms of the Customer is expressly excluded unless Dyseno has expressly accepted those terms in writing.

2.4 In the event of a conflict, the following order of precedence applies: (a) an expressly signed custom agreement or quotation; (b) the Order Confirmation or checkout; (c) these Terms and Conditions; and (d) general information on the website or in marketing materials.

2.5 A price, feature, capacity or other characteristic stated in the checkout or Order Confirmation takes precedence over a conflicting statement on a marketing page.

2.6 These Terms and Conditions may be translated. In the event of differences in interpretation or meaning, the Dutch version shall prevail, unless mandatory law provides otherwise.

2.7 Deviations are valid only when confirmed in writing or electronically by an authorised representative of Dyseno.

Article 3. Formation and electronic communications

3.1 The Agreement is formed as soon as the Customer creates an Account. By creating an Account, the Customer declares that it has been able to review and agrees to these Terms and Conditions. The Agreement may also be confirmed by accepting an offer, making payment or actually using the Services.

3.2 Offers and quotations are non-binding unless they expressly state a period of validity and binding effect. A quotation expires at the end of the period stated in it or, if no period is stated, after fourteen days.

3.3 Dyseno may reject an application or order, including due to insufficient capacity, an increased payment or integrity risk, a previous breach or a request that does not fall within the Services.

3.4 Electronic declarations, Account actions, Platform logs, payment service provider records and email messages may be used as evidence of communication, acceptance, amendment, delivery and payment, subject to evidence to the contrary.

3.5 The registered email address is considered the official communication address. The Customer shall keep this address up to date and shall also monitor spam and security filters.

3.6 Notices are deemed received on the date of electronic transmission unless the sender receives an error message or the recipient demonstrates that receipt was reasonably impossible.

Article 4. Accounts, teams and authority

4.1 Accounts are personal and non-transferable. The user must be authorised to act on behalf of the Customer. In case of doubt, Dyseno may request verification of identity, business or authority.

4.2 The Administrator may invite Team Members, change roles, revoke access, manage billing information and make changes to the Membership on behalf of the Customer. These actions are deemed actions of the Customer.

4.3 The Customer is responsible for all Team Members, invitees and other persons who use the Services through its organisation, regardless of whether they work internally, externally or for a client of the Customer.

4.4 Where the Customer is an agency, intermediary or reseller and submits requests on behalf of a client, the Customer warrants that it is authorised to do so and has obtained all necessary rights, consents, instructions and approvals from that client.

4.5 The Customer remains fully responsible towards Dyseno for requests submitted for a third party, payment, communication and the review and use of Deliverables by that third party. Dyseno has no contractual relationship with the underlying client unless Dyseno expressly accepts this in writing.

4.6 To the extent permitted by law, the Customer shall indemnify Dyseno against claims from underlying clients arising from instructions, materials, commitments, resale or use of Deliverables provided by the Customer.

4.7 Invitations are personal and may not be forwarded. The Customer warrants that it lawfully uses the contact details provided and adequately informs the invitee.

4.8 The Customer shall immediately remove or block Accounts of former employees and other unauthorised users.

4.9 Account details, verification codes, magic links, one-time passwords and sessions may not be shared. The Customer shall notify Dyseno without delay of suspected misuse, loss or unauthorised access.

4.10 Dyseno may apply automated security measures, including rate limiting, session termination, additional verification, temporary blocks and investigation of unusual activity.

4.11 Dyseno may obtain limited administrative access to Accounts and Content for support, fraud prevention, security, quality control and compliance. Where reasonable, access shall be limited to persons who require it.

4.12 An Account or organisation may not be transferred to another business without Dyseno's prior written consent.

Article 5. Nature of the Membership and creative capacity

5.1 The Membership entitles the Customer to access the Services and the availability of the agreed creative capacity. The Customer does not pay for a specific number of hours worked, a guaranteed number of designs or the exclusive employment of a particular designer.

5.2 Non-use, insufficient work supplied, internal delay by the Customer or an empty queue does not reduce the payment obligation and does not entitle the Customer to a refund.

5.3 Active Capacity and indicative delivery speed depend on the selected Plan. Unless the Order Confirmation states otherwise, one Design Request is processed at a time for each unit of Active Capacity.

5.4 Dyseno may temporarily pause a Design Request when information, material, choices or feedback are missing. This may automatically activate another request.

5.5 Additional capacity may be offered as an add-on. Its price, start date, proration and termination follow from the checkout or Order Confirmation.

5.6 The system automatically assigns a designer or creative team based on availability, expertise, language, location preference and continuity. Dyseno does not guarantee that a designer will be from a specifically selected country. If no designer from the selected country is available, Dyseno may assign another designer based in Europe.

5.7 The Customer may notify Dyseno in writing that it is dissatisfied with the assigned designer and request another designer. Dyseno will assess the request and, where reasonably possible, assign another designer.

5.8 A designation such as "dedicated designer" means a primary or regular point of contact to the extent reasonably available and does not mean that this person works exclusively for the Customer or will permanently remain the same person.

Article 6. "Unlimited" and fair use

6.1 "Unlimited requests" means that, during an active Membership, the Customer may add an unlimited number of Design Requests to the queue, subject to the Active Capacity.

6.2 "Unlimited revisions" means that the Customer may submit unlimited revisions while the Membership is active. Each revision is treated as a new Design Request and scheduled again within the queue and Active Capacity, regardless of whether the revision falls within the original brief.

6.3 Unlimited does not mean that Dyseno guarantees unlimited output, hours, simultaneous work, immediate delivery or a fixed level of production per day, month or Billing Period.

6.4 Output depends on factors including the Plan, the complexity and scope of requests, the quality of briefs, the speed of feedback, file formats, technical requirements, available expertise and external dependencies.

6.5 Fair use means that technical systems, Accounts and AI Features are not misused, security measures are not circumvented and the Platform is not burdened in a harmful or disruptive manner. Large, composite or resold assignments may be submitted, but may result in longer turnaround times.

6.6 The Customer may submit work for its own clients, resell results and include multiple components in a single request. Dyseno may split, phase or take longer to process extensive requests. Account sharing with unauthorised persons, automated misuse and circumvention of technical limits remain prohibited.

6.7 In the event of technical misuse, a security risk, automated overload or circumvention, Dyseno may impose technical limits, delay AI use or temporarily suspend access.

6.8 In the event of serious misuse, fraud, a security risk or intentional circumvention, Dyseno may intervene immediately without prior warning.

Article 7. Term, renewal and cancellation

7.1 A Membership is entered into for the fixed Billing Period specified in the Order Confirmation.

7.2 Unless otherwise agreed, a monthly, quarterly or annual Membership is automatically renewed for the same period at the end of each Billing Period.

7.3 Cancellation must be fully completed no later than five Business Days before the desired end date. In the event of late or incomplete cancellation, the Membership continues until the next possible end date.

7.4 A business Customer cancels by notifying Dyseno by email before the monthly or other applicable billing date, then fully completing the cancellation form at https://forms.gle/XgJCv3nLsNzeVXSS9 and finally, for verification, sending confirmation from the email address used to create the Account. Cancellation is completed only after all three steps have been performed on time.

7.5 Cancellation does not automatically terminate separate add-ons, custom assignments, print orders or other separately contracted services unless expressly stated otherwise.

7.6 A downgrade takes effect on the next renewal date unless the checkout states otherwise. An upgrade or additional capacity may take effect immediately and may be charged on a prorated basis.

7.7 Changing the Billing Period may create a new term and renewal date. The checkout or confirmation states the financial consequences.

Article 8. Pause Membership

8.1 A Pause Membership may be requested in writing through support. Dyseno will provide the current price, Billing Period and additional details by email before the pause takes effect.

8.2 During a Pause Membership, active design capacity is zero. The Customer retains at least access to existing requests, brands, team functionality and AI Features.

8.3 When the Pause Membership takes effect, all active Design Requests are stopped immediately and returned to the queue or closed. No design work or scheduled deliveries take place during the pause.

8.4 The pause terms confirmed by email may specify additional available features and restrictions.

8.5 The Customer may select a regular Plan again through the Platform. The new Membership and Billing Period take effect in accordance with the checkout, and payment may be collected immediately.

8.6 When the Pause Membership takes effect, the Customer loses the assigned designer. Upon resumption, a designer is automatically assigned again; this may be a different designer.

8.7 Dyseno may change the conditions, rates or maximum duration of the Pause Membership with reasonable prior notice. The Customer may then cancel permanently before the change takes effect.

8.8 A Pause Membership remains subject to the provisions concerning payment, fair use, data, security, AI, intellectual property and termination.

Article 9. Design Requests, briefs and scheduling

9.1 A Design Request is ready for processing only when Dyseno has received a usable brief, content, dimensions, brand guidelines, technical specifications, rights and any other information reasonably required.

9.2 The Customer is responsible for providing timely, complete and accurate instructions. Dyseno may make reasonable assumptions when details are missing, but is not required to carry out an incomplete brief.

9.3 Dyseno may divide complex requests into phases, components or separate requests and adjust the schedule accordingly.

9.4 The speed stated for a Plan determines the earliest possible delivery and acts as a multiplier for the required production time. A request expected to require two Business Days of production under a Plan with a speed of one Business Day may be expected to require eight Business Days under a Plan with a speed of four Business Days. All stated and estimated time frames are indicative and never constitute strict deadlines.

9.5 Dyseno can never take into account deadlines desired, announced or internally agreed by the Customer unless Dyseno has expressly confirmed a specific date in writing in advance. Even a confirmed date is not a strict deadline, and exceeding it does not entitle the Customer to damages, a refund, a discount or a free extension.

9.6 Only active Design Requests may have an estimated delivery date. Requests still in the queue have no estimated delivery date. Missing information, materials, choices or feedback may postpone or invalidate the estimated delivery date.

9.7 The Customer manages the order and priority of the backlog. Dyseno may change that order when necessary for efficiency, technical dependencies, security or agreed deadlines.

9.8 A new message or revision request on a completed request reopens the request and places it back in the queue as a new Design Request.

9.9 Publication on the Platform, availability through a download link or transmission to the registered email address constitutes electronic delivery.

9.10 Dyseno may schedule Deliverables in advance and publish them automatically at a later time. The Customer remains responsible for timely review before use, publication, production or printing.

Article 10. Revisions, scope changes and additional work

10.1 Each revision is treated as a new Design Request and scheduled again within the queue and Active Capacity, even when the revision falls within the original request or brief.

10.2 Dyseno may administer a revision within the existing request or create it as a separate request. This does not affect the new schedule and turnaround time.

10.3 Work outside the scope, specialist requirements, urgency outside the Plan, external costs and other extensions may be offered as additional work.

10.4 Additional work is carried out only after approval of the price or calculation method, except where immediate action is necessary to limit damage or a security incident.

10.5 Dyseno may recategorise, pause or refuse requests when they are technically infeasible, disproportionate, unlawful, unsafe or outside the Services.

Article 11. Scope and excluded work

11.1 The current website, checkout or Order Confirmation describes which creative categories are included in the selected Plan.

11.2 Dyseno provides creative design and production services. Unless expressly agreed otherwise, the Services do not include software development, hosting of final products, legal advice, tax advice, trademark clearance, marketing strategy, copywriting, translation, on-location photography or guaranteed print production.

11.3 The design of a contract, invoice, form, quotation, packaging or other business communication does not include verification of its legal, tax, medical, technical or substantive accuracy.

11.4 Video, complex animation, 3D/CAD, interactive documents, code, HTML/CSS, application development, advanced data visualisation and other specialist work are included only when stated in the selected Plan or a written agreement.

11.5 Dyseno does not guarantee that digital designs will be displayed identically, without errors or fully functionally in every browser, app, printing machine, editor, advertising environment or third-party service.

11.6 Dyseno does not guarantee any commercial result, conversion, reach, revenue, platform approval, advertisement acceptance, trademark registration or other business outcome.

Article 12. Review, approval and complaints

12.1 Dyseno does not independently perform a final substantive, legal, technical or commercial review. The Customer is fully responsible for review before every use, including the review of content, spelling, figures, prices, claims, dimensions, colours, rights, links, source files and technical specifications.

12.2 Delivery completes the relevant Design Request. Dyseno is not responsible for errors, omissions or consequences of use that the Customer could have discovered during review.

12.3 The Customer may submit desired changes at any time, but Dyseno will carry them out only while an active regular Membership with design capacity exists. After termination or during a Pause Membership, there is no right to a free correction, remedy or reopening.

12.4 A notification, complaint or request for change does not suspend the payment obligation and does not entitle the Customer to a refund, extension or damages, subject to mandatory law.

12.5 The Customer is responsible for timely review before publication, production, signature, payment or distribution. Use of a Deliverable is entirely at the Customer's own expense and risk.

12.6 As soon as Dyseno delivers a Deliverable, it is deemed accepted and approved by the Customer without separate confirmation. Any changes are treated exclusively as a new Design Request and are carried out only while an active regular Membership with design capacity exists.

Article 13. Print and external production

13.1 Print, merchandise, shipping and other physical production are separate assignments unless expressly included in the Order Confirmation.

13.2 Dyseno may engage printers, carriers and other suppliers for these purposes. Their production and delivery times are indicative, and their reasonable technical tolerances apply.

13.3 The Customer approves proofs, quantities, materials, finishing, address details and shipping method before production.

13.4 Minor deviations in colour, cutting, folding, material and dimensions that fall within customary production tolerances do not constitute defects.

13.5 The risk of loss or damage passes in accordance with the agreed delivery terms or, in the absence of agreed terms, upon delivery to the Customer. Dyseno is liable for delay by a carrier or producer only to the extent that the delay is attributable to Dyseno.

13.6 Complaints about quantities, transport damage or visible production defects must be reported within two Business Days of receipt, accompanied by photographs and with the packaging and material retained for investigation.

Article 14. Prices, taxes and price changes

14.1 All prices exclude value-added tax and other applicable taxes, levies, transaction fees and external costs unless expressly stated otherwise.

14.2 The price in the checkout or Order Confirmation prevails. A converted monthly price for quarterly or annual payment is for information only; the full periodic price is due.

14.3 The Customer shall provide accurate business, establishment, tax and billing information and is responsible for a valid VAT identification number.

14.4 Dyseno may change prices with at least thirty days' prior notice. A change applies from the next renewal unless a statutory change or external tax must be passed on immediately.

14.5 A price change applies from the announced date or next Billing Period. A price change does not entitle the Customer to early termination unless Dyseno expressly states otherwise or mandatory law provides otherwise.

14.6 Price changes may relate to inflation, labour costs, exchange rates, provider costs, AI model costs, hosting, legislation or expansion of functionality.

Article 15. Payment and billing

15.1 Memberships are billed in advance. Payment is made through the payment service provider designated by Dyseno.

15.2 Available payment methods may include credit card, iDEAL, SEPA direct debit and bank transfer. Availability varies by country, currency, Plan and risk assessment.

15.3 By storing a payment method or activating a Membership, the Customer authorises Dyseno and the payment service provider to automatically collect due recurring amounts, prorated charges, upgrades and agreed add-ons.

15.4 Upon resumption, upgrade or restoration following payment arrears, a previously stored payment method may be charged outside an active browser session, to the extent permitted by the payment rules and the authorisation granted.

15.5 Annual Memberships or custom agreements may be paid by invoice or bank transfer. The payment term is stated on the invoice; if none is stated, the invoice is due within fourteen days.

15.6 Dyseno may activate access or capacity only after payment has been received or a credit arrangement has been confirmed in writing.

15.7 Invoices are provided automatically by email and may be downloaded through the payment service provider's customer portal. The Customer shall report billing errors within fourteen days.

15.8 Payments are applied first to costs and interest and then to the oldest outstanding invoices.

15.9 Dyseno is not responsible for disruptions or restrictions affecting the payment service provider, banks or payment methods, but will provide reasonable support in the event of demonstrable payment issues.

Article 16. Payment arrears, chargebacks and suspension

16.1 The Customer is in default without further notice of default as soon as a payment deadline expires.

16.2 Statutory commercial interest is due from the due date. In addition, the Customer owes reasonable extrajudicial and judicial collection costs, including at least the legally permitted fixed compensation for commercial transactions.

16.3 In the event of a failed payment, reversal, payment arrears, chargeback or disputed payment, Dyseno may suspend design work, AI Features, downloads or all access.

16.4 Suspension does not affect the payment obligation or term. Access may be restored after full payment, but previous scheduling, designer availability and deadlines are not guaranteed.

16.5 A chargeback may not be used as a substitute for the complaints procedure. The Customer shall first contact Dyseno and provide reasonable information for investigation.

16.6 Dyseno may recover from the Customer demonstrable and legally permitted costs arising directly from an unjustified chargeback, including payment provider and dispute fees.

16.7 Dyseno may require reasonable security or advance payment if creditworthiness deteriorates or previous payments have failed.

Article 17. Content, uploads and storage

17.1 The Customer retains its rights in Customer Content.

17.2 For the term of the Agreement, the Customer grants Dyseno a worldwide, non-exclusive, royalty-free and sublicensable licence to host, copy, convert, secure, display and process Content, make it available to assigned personnel and transmit it to necessary suppliers, solely for performance, support, security and compliance.

17.3 The Customer warrants that it possesses all rights, licences, consents and legal bases for the Content, including fonts, trademarks, portraits, voices, personal data and third-party material.

17.4 Malware, harmful code, unlawful or infringing content, state secrets, data that may not legally be shared and unnecessary special-category or highly sensitive personal data are prohibited.

17.5 Dyseno may generate thumbnails, compress files, read metadata, convert formats and perform other reasonable technical processing.

17.6 Permitted formats, file sizes, storage quotas and technical limits may reasonably change. Dyseno does not guarantee that every file can be opened or restored or will remain compatible.

17.7 The Customer has access to stored Content and Deliverables for as long as an active regular Membership or Pause Membership exists. The Customer shall also maintain its own current backups of all essential files.

17.8 Dyseno may block, secure, remove or disclose suspicious, illegal, harmful or infringing Content to competent authorities where legally required or reasonably necessary.

17.9 Temporary and signed download links may expire and may not be shared with unauthorised persons.

Article 18. Intellectual property

18.1 Customer Content remains the property of the Customer or its licensors.

18.2 To the extent that copyrights in predominantly human-created Deliverables made specifically for the Customer are held by Dyseno and are transferable, Dyseno transfers those rights to the Customer after full payment. This provision constitutes an obligation to transfer; to the extent that a further deed is required for legal validity, the parties shall reasonably cooperate in executing it.

18.3 Until full payment, the Customer has only a revocable licence to review the Deliverable internally.

18.4 The following are not transferred: pre-existing materials, templates, methods, software, workflows, systems, prompts, know-how, generic elements, libraries and components developed independently of the assignment or capable of broad reuse. To the extent necessary, the Customer is granted a non-exclusive licence to use the paid Deliverable in the ordinary manner.

18.5 Stock materials, fonts, plugins, templates and other third-party materials remain subject to the relevant supplier's licence terms. Dyseno cannot transfer broader rights than it possesses.

18.6 AI Output is treated in accordance with Article 20. Dyseno transfers or grants only those rights that Dyseno can actually transfer or grant.

18.7 Unselected concepts, sketches, directions and alternatives remain with Dyseno and may not be used without written permission.

18.8 The Customer is responsible for investigating trademark, design, trade name and domain availability and for registration. Dyseno does not guarantee that names, logos or designs are exclusive or registrable.

18.9 Source files are not supplied by default. During an active regular Membership, they are supplied on request to the extent that Dyseno has them and delivery is technically and legally permitted under applicable licences. The Customer shall immediately check whether source files are complete, including linked images, fonts and other dependencies. After termination or during a Pause Membership, the Customer can no longer require missing components to be supplemented or restored.

18.10 Dyseno may use feedback, suggestions and ideas about the Platform without compensation to improve the Services, provided that no confidential information of the Customer is disclosed.

Article 19. Portfolio and publicity

19.1 Dyseno may use Deliverables, concepts, alternatives and unselected directions in a portfolio, case study, pitch, award submission and other business or promotional communications, regardless of whether the work has been made public, actually used or ultimately produced. Dyseno may also mention or display the trade names, trademarks and logos of the Customer and of underlying clients for whom the Customer has commissioned work through Dyseno.

19.2 Where it is clear to Dyseno that a project, brand, product or campaign is deliberately being kept confidential or may only be launched at a later date, Dyseno will, at its reasonable discretion, refrain from premature publication. The Customer remains responsible for expressly notifying Dyseno in writing in advance of confidentiality, an embargo or a desired publication date.

19.3 The Customer warrants that it is permitted to provide Dyseno with sufficient information about the identity, trade name, trademarks and work of an underlying client and shall notify Dyseno in advance where contractual confidentiality or arrangements with that client restrict mention or publication. Dyseno is not required to independently investigate arrangements between the Customer and its client.

19.4 The Customer may exclude or withdraw portfolio or publicity use in writing. Dyseno will then remove the relevant material within a reasonable period from channels controlled by Dyseno. Dyseno is not required to recall materials already printed and is not responsible for copies, caches or third-party publications that remain available following earlier lawful publication.

19.5 Dyseno will not actively approach an underlying client that became known to Dyseno solely through work performed for the Customer with the intention of circumventing the Customer. This does not apply where Dyseno already had direct contact or an existing relationship with that client, the client contacts Dyseno itself, Dyseno independently reaches the client through another source, or the contact results from general marketing or acquisition not specifically directed at that client.

Article 20. AI Features

20.1 AI Features are tools for creative production and may be provided through external providers and models. Available models, features and providers may change.

20.2 AI Input may be transmitted to external AI providers required to perform the requested function. The Privacy Policy contains further information about data processing and transfers.

20.3 The Customer warrants that it has all rights and consents for AI Input, including for faces, voices, trademarks, styles, personal data and reference material.

20.4 AI Features may not be used for sexual or pornographic content, sexual content involving minors, unlawful deception, fraud, identity misuse, unauthorised deepfakes, biometric misuse, discrimination, harassment, infringement of rights, malware, weapons applications or other prohibited or dangerous purposes.

20.5 AI Features may not be used as the sole basis for medical, legal, financial, credit, insurance, educational, employment, recruitment, biometric or other decisions that have significant effects on natural persons.

20.6 AI Output may be factually incorrect, incomplete, biased, unexpected, harmful, non-unique or potentially infringing. The Customer shall always conduct human review before use.

20.7 Dyseno does not guarantee that AI Output is protected by copyright, exclusive, original, registrable, free from third-party rights or suitable for a particular commercial purpose.

20.8 The Customer is responsible for legally required labels, transparency, consents, metadata, disclosures and warnings relating to synthetic or manipulated content, including deepfakes and synthetic voices or faces.

20.9 Dyseno may apply safety filters, refuse prompts or jobs, block output and suspend AI access where use may be unlawful, harmful or contrary to provider policies.

20.10 Dyseno and assigned designers may use AI where appropriate to the assignment, settings and workflow. Even where the Customer excludes AI use in writing, it cannot be fully guaranteed that supplied stock materials, tools, plugins, templates or other third-party materials were not created in whole or in part using AI without Dyseno's knowledge.

20.11 Dyseno makes commitments regarding non-training on customer data only to the extent that those commitments are demonstrably supported by the production settings and contracts used with the relevant provider.

20.12 The Customer shall use AI Features in accordance with applicable law, including, where relevant, the European AI Act, data protection law, copyright and rules concerning portraits, voices, advertising and consumer protection.

Article 21. AI fair use, credits and provider outages

21.1 Where a Plan includes AI use without separate payment per generation, such use is subject to fair use and the technical capacity of Dyseno and external providers.

21.2 Dyseno may impose reasonable limits on concurrent jobs, generation frequency, resolution, duration, file size, model selection, waiting time and processing volume.

21.3 In the event of high usage, peak load, a security risk or misuse, Dyseno may delay AI jobs, place them in a queue, restrict them to more efficient models or temporarily block them.

21.4 Internal credits, tokens, cost indicators or usage units are for administrative purposes only, have no monetary value, are non-transferable and do not entitle the Customer to payment or a refund.

21.5 Dyseno may replace, restrict or remove expensive, outdated, unsafe or no longer available models without guaranteeing any specific model.

21.6 Failed, cancelled or delayed AI jobs and provider outages do not entitle the Customer to compensation, a refund or an extension.

21.7 Dyseno does not guarantee a fixed generation time, output quality or permanent availability of AI Features.

Article 22. Third-party services and terms

22.1 Dyseno uses suppliers for services including payment, hosting, storage, security, email, analytics, scheduling, stock materials, production and AI.

22.2 Additional terms and licences may apply to third-party components. The Customer shall use those components in accordance with those terms.

22.3 Dyseno may replace suppliers and subprocessors where continuity, security, functionality or costs reasonably require this.

22.4 Dyseno is not responsible for the content, availability or policy changes of external websites and services referenced by the Platform.

22.5 Compatibility with Canva, Figma, Adobe, Microsoft, social platforms, browsers, printing systems and other third-party products is not guaranteed and may be changed by the relevant third party.

22.6 External licence, stock, font, production, shipping and transaction costs may be charged separately following prior approval or where the Order Confirmation so provides.

Article 23. Platform licence and permitted use

23.1 For the term of the Agreement, Dyseno grants the Customer a limited, non-exclusive, non-transferable and revocable right to use the Platform for the agreed business purposes, including work for the Customer's clients.

23.2 All rights in the Platform, software, interface, documentation, databases, trademarks, workflows and underlying technology remain with Dyseno or its licensors.

23.3 The Platform may not be copied, sold, rented, sublicensed, reverse engineered or scraped; its security may not be circumvented; its source code may not be discovered; and it may not be used to train or build a competing service, except to the extent expressly permitted by mandatory law.

23.4 Automated access, bots, scripts and API use are permitted only where expressly supported or authorised in writing by Dyseno.

23.5 The Customer shall not disrupt the operation, security or capacity of the Platform and shall not test vulnerabilities without prior written permission.

Article 24. Availability, maintenance and changes

24.1 Dyseno endeavours to provide a professional and usable Platform but does not guarantee uninterrupted, error-free or permanently identical availability. Outages, bugs, maintenance or temporary unavailability do not entitle the Customer to a refund, discount or free extension of the Membership.

24.2 Dyseno may perform maintenance, modify features, offer beta features, adjust security measures and replace or discontinue components.

24.3 Scheduled maintenance will be announced in advance where reasonable. Emergency maintenance and security interventions may take place without notice.

24.4 Beta, preview and experimental features are provided "as is", may contain errors and may be modified or discontinued without any guarantee of continued availability.

24.5 The temporary or permanent modification, restriction or discontinuation of features does not entitle the Customer to a refund or extension, except where Dyseno structurally ceases to provide the entire core of the paid performance.

24.6 Dyseno provides a specific uptime, support response or service level only where recorded in a separate SLA.

Article 25. Personal data and security

25.1 The parties process personal data in accordance with applicable data protection law.

25.2 Dyseno processes personal data for the performance of the Services, account management, billing, security, support and other purposes described in the Privacy Policy. Depending on the processing, Dyseno may act as controller or processor.

25.3 The Customer shall provide only personal data that is necessary, lawfully obtained and appropriately secured and shall inform data subjects where required.

25.4 Dyseno implements appropriate technical and organisational security measures in view of the nature of the Services and the risks. No security measure provides an absolute guarantee.

25.5 The Customer shall secure its own devices, Accounts, networks, email addresses, access credentials and internal authorisations and shall report security incidents without delay.

25.6 Dyseno may have personal data processed by subprocessors and, subject to appropriate safeguards, outside the European Economic Area.

25.7 Marketing communications and synchronisation with marketing tools take place in accordance with the Privacy Policy and applicable rules. The Customer may opt out of non-essential marketing.

25.8 The Privacy Policy further describes the categories of data, purposes, retention periods, suppliers and international transfers.

Article 26. Confidentiality

26.1 The parties shall treat the other party's confidential information as strictly confidential and use it only for performance of the Agreement.

26.2 Confidential information means information identified as confidential or whose confidential nature is reasonably apparent, including non-public strategies, customer data, content, prices, security information and business processes.

26.3 The confidentiality obligation does not apply to information that can be shown to have been public, lawfully obtained from a third party, independently developed or required to be disclosed by law or a competent order.

26.4 Dyseno may share confidential information with employees, designers, contractors and suppliers who require it and are bound by appropriate confidentiality obligations.

26.5 The confidentiality obligation continues for five years after termination; for trade secrets and personal data, it continues for as long as the nature of the information requires protection.

Article 27. Export, retention and deletion

27.1 Before cancellation or termination, the Customer shall download all required Content, Deliverables and source files. Dyseno does not offer a separate export process or guaranteed data export service.

27.2 From the end date of the Membership, access to the Account, requests, brands, team data, AI history, Content and Deliverables ends immediately unless a Pause Membership remains active.

27.3 After the end date, Dyseno is not required to grant access again, collect files, supplement source files or manually export data.

27.4 After the export period, Dyseno may delete or anonymise operational data in accordance with the applicable retention schedule.

27.5 Logical deletion or soft deletion may precede final physical deletion. Backups, security copies and object storage may remain available for a limited rotation and recovery period.

27.6 Data is retained longer where necessary for statutory records, tax obligations, fraud prevention, security, evidence, disputes or enforcement of rights.

27.7 The Privacy Policy further describes the actual retention periods and deletion processes. Logical deletion may precede final physical deletion.

27.8 Recovery may be impossible after deletion. Dyseno is not required to reconstruct data outside the normal export process or from backups.

Article 28. Suspension and termination by Dyseno

28.1 Dyseno may suspend the Services in whole or in part in the event of payment arrears, a chargeback, misuse, unlawful Content, breach of provider policies, a security risk, fraud, serious overload or a reasonable suspicion thereof.

28.2 Where remedy is possible and reasonable, Dyseno will provide an appropriate period in which to remedy the breach.

28.3 Dyseno may terminate the Agreement with immediate effect where the Customer fails to remedy a material breach on time, repeatedly breaches its obligations, becomes bankrupt, applies for a suspension of payments, ceases its business or Dyseno cannot reasonably be required to continue the Agreement.

28.4 In the event of immediate termination due to an attributable breach, amounts due remain payable and there is no right to a refund.

28.5 From the end date, active work, automatic activation of requests and scheduled publications cease unless Dyseno confirms otherwise in writing.

28.6 Provisions that by their nature survive, including those concerning payment, intellectual property, confidentiality, liability, indemnity, data, evidence and disputes, remain in effect after termination.

Article 29. Indemnity

29.1 The Customer shall indemnify Dyseno against third-party claims arising from Customer Content, instructions, unlawful use of the Services, infringement of intellectual property, privacy, portrait, voice or trademark rights, or the absence of required consent.

29.2 The indemnity includes reasonable legal costs, damages, settlements and costs of investigation and remediation, to the extent that they were not caused by an attributable breach by Dyseno.

29.3 Dyseno shall reasonably inform the Customer of a claim and give the Customer an opportunity to participate in the defence. Dyseno may control the defence where its interests or reputation are also affected.

29.4 The Customer may not enter into a settlement that entails an admission, obligation or reputational damage for Dyseno without prior written consent.

Article 30. Liability

30.1 The Membership entitles the Customer to access to and availability of the agreed Services and creative capacity. Dyseno is required only to use its best efforts to provide such access, availability and Services in accordance with the Agreement. The Membership does not confer a right to a guaranteed number of designs, hours worked, results, deadlines or business outcomes.

30.2 The Customer may claim only remediation or proper performance where Dyseno demonstrably fails to provide the agreed access, availability or Services. A right to damages exists only for direct loss arising directly from an attributable and unremedied breach, to the extent that exclusion is permitted by law.

30.3 For business Customers, all liability is limited to the invoice amount for the Billing Period in which the breach occurred. Under no circumstances is the Customer entitled to reimbursement of all amounts paid during previous periods.

30.4 Dyseno is not liable for indirect loss, consequential loss, loss of revenue or profit, lost savings, reputational damage, loss of opportunity, third-party claims, business interruption loss or loss of or damage to data.

30.5 Dyseno is not liable for errors, omissions or unsuitability of Deliverables because the Customer must independently review each Deliverable before use. Dyseno is likewise not liable for the commercial or legal result of use.

30.6 As soon as Dyseno delivers a Deliverable, it is deemed accepted and approved by the Customer without any separate approval action being required. Any use, publication or production subsequently takes place entirely at the Customer's expense and risk.

30.7 The limitations do not apply in the event of intent or deliberate recklessness by Dyseno's management and do not apply to the extent that liability cannot be excluded or limited under mandatory law.

30.8 Any claim lapses if it is not reported in writing and with full reasons within thirty calendar days after the Customer discovered or reasonably should have discovered the alleged breach, unless mandatory law provides otherwise.

30.9 The Customer shall always give Dyseno a reasonable opportunity to prevent, limit or remedy loss.

Article 31. Force majeure

31.1 Dyseno is not required to perform for as long as performance is prevented by force majeure.

31.2 Force majeure includes outages affecting cloud, hosting, storage, network, AI, payment or email providers; internet and power outages; cyberattacks; government measures; war; pandemics; strikes; fire; natural disasters; the unavailability of key persons; and unexpected shortages of specialist capacity.

31.3 During force majeure, obligations are suspended and time limits are extended. Dyseno will inform the Customer where the consequences are material.

31.4 If force majeure lasts longer than sixty days and affects the core of the Services, either party may terminate the affected part of the Agreement in writing without compensation.

31.5 Services already performed and payment obligations already accrued remain due.

Article 32. Non-solicitation

32.1 During the Agreement and for twelve months thereafter, the Customer shall not directly employ or engage outside Dyseno any designer, employee or regularly engaged contractor assigned to it by Dyseno without written permission.

32.2 This prohibition does not apply where the person independently responds to a public vacancy that is not specifically directed at them and no confidential information or circumvention has been used.

32.3 In the event of a breach, the Customer owes an immediately payable fee equal to six times the most recent monthly rate of the relevant Membership, without prejudice to Dyseno's right to claim higher demonstrable loss.

32.4 Dyseno may agree in writing in advance to direct employment in return for a reasonable recruitment or transfer fee.

Article 33. Changes to these Terms and Conditions

33.1 Dyseno may change these Terms and Conditions due to changes in the Services, legislation, security, providers, prices, business operations or market developments.

33.2 Material changes will be announced at least thirty days in advance by email or through the Platform.

33.3 A change applies to all Customers from the same announced date, even where a Membership or Billing Period is already in progress at that time.

33.4 Only where a change demonstrably and substantially worsens the core of the agreed performance may the Customer submit a reasoned request before the effective date to terminate the Membership as of that date. The Customer must substantiate the material adverse consequences. Price adjustments, technical changes, changes to models or suppliers, clarifications, security measures and changes required by law do not in themselves create a right of termination.

33.5 Continued use after the effective date constitutes acceptance of the amended Terms and Conditions.

Article 34. Assignment and subcontractors

34.1 Dyseno may assign rights and obligations under the Agreement to a group company, legal successor or purchaser of the business or relevant activities.

34.2 The Customer may not assign the Agreement without Dyseno's prior written consent.

34.3 Dyseno may engage employees, independent designers, studios, subcontractors and suppliers and remains responsible to the Customer for contractual performance, subject to the limitations set out in these Terms and Conditions.

Article 35. Final provisions

35.1 If a provision is void, voidable or unenforceable, the remaining provisions remain in effect. The parties shall replace the invalid provision with a valid provision that approximates its purpose and intent as closely as possible.

35.2 Failure to exercise a right immediately does not constitute a waiver of that right.

35.3 Headings are for readability only and do not determine interpretation.

35.4 The Agreement contains all arrangements relating to its subject matter and supersedes previous general terms and conditions, proposals and statements, except to the extent expressly preserved.

35.5 Changes and additional arrangements may be recorded electronically.

35.6 Dyseno may make a current version and change history available online and may file terms and conditions with the Dutch Chamber of Commerce or a court.

Article 36. Governing law and disputes

36.1 The Agreement, these Terms and Conditions and all related non-contractual obligations are governed exclusively by Dutch law.

36.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply.

36.3 The parties shall first attempt to resolve a dispute through consultation. A party shall give the other party at least fourteen days to respond in writing to a reasoned complaint or demand, unless urgency does not permit this.

36.4 Disputes shall be submitted exclusively to the competent court of the District Court of the Northern Netherlands, Leeuwarden location, unless another court has jurisdiction under mandatory law.

36.5 This choice of forum does not affect Dyseno's right to bring a claim before a court having jurisdiction under the law or international rules at the Customer's place of establishment.