Brandstoryteller.ai - Commercial Terms of Service

Effective Date: February 25, 2026
Updated: March 2, 2026
Provider: DPDK B.V.  -  Calandstraat 5a
                3016 CA Rotterdam  -  The Netherlands
                CoC: 27243574  - VAT: NL818269510B01

These Commercial Terms of Service (“Terms”) are a legally binding agreement between DPDK B.V., a private company with limited liability organized under the laws of the Netherlands, acting under its registered trade name “Brandstoryteller.ai” (“DPDK”, “we”, or “us”), and you or the organization, company, or other entity that you represent (“Customer”).

These Terms govern Customer’s access to and use of Brandstoryteller.ai, including all associated API keys, dashboards, documentation, and generative AI features (the “Services”). These Terms are effective on the earlier of the date that Customer first electronically consents to these Terms or the date that Customer first accesses the Services (“Effective Date”).

Please note: You may not enter into these Terms on behalf of an organization, company, or other entity unless you have the legal authority to bind that entity to these Terms.

B2B Use Only: The Services provided under these Terms are intended strictly for professional, commercial, and business-to-business (B2B) use. They are not intended for individual consumer use. By accessing the Services, you represent that you are a business user and acknowledge that consumer protection laws (such as the right of withdrawal) do not apply to this agreement.

 

1. Transparency & AI Disclosure (EU AI Act Compliance)

In accordance with Article 50 of the EU AI Act, DPDK hereby informs you that:

1.1 Interaction Disclosure: Brandstoryteller.ai is a SaaS platform designed for professional B2B brand storytelling and strategic content generation. The Service acts as an intelligent orchestration layer that utilizes frontier Large Language Models (LLMs) from world-leading providers—including Google, Anthropic, and OpenAI—to process user prompts and generate high-fidelity marketing content. By utilizing an enterprise-tier, multi-model architecture, the Service ensures optimal reasoning quality, creative nuance, and system redundancy for the Customer.

1.2 Technical Marking: In accordance with Article 50 (2), DPDK ensures that Outputs generated by Brandstoryteller.ai are marked in a machine-readable format and are detectable as artificially generated. Customer shall not attempt to remove, circumvent, or obscure these technical markers. DPDK utilizes industry-standard metadata (such as C2PA or similar provenance headers) to ensure that the artificial origin of the Output is detectable and persists through common file transfers.

1.3 Deployer Obligations (Public Content): You, the Customer, are the "Deployer" of the AI. If you publish Output for the purpose of informing the public on matters of public interest, you are legally required to disclose the artificial origin of that text.

1.4 The Human-in-the-Loop Safe Harbor: The disclosure requirement in Section 1.3 does not apply if:

  • The Output has undergone a substantial process of human review or editorial control; and
  • A natural or legal person (the Customer) holds editorial responsibility for the publication.

1.5 Duty of Care: Customer agrees to perform a final human review of all Output to ensure factual accuracy and compliance with the EU AI Act’s prohibitions against deceptive or manipulative content.

1.6 AI Literacy: Customer represents that it has taken steps to ensure its staff is AI-literate and understands the capabilities and limitations of generative AI, including the risk of 'hallucinations' and the importance of human-in-the-loop verification.

2. Fees, Credits, and Tiers

2.1 Billing: Access is tiered (Starter, Pro, Business). Fees are non-refundable and billed in advance.

2.2 Model Routing & Sovereign AI: Brandstoryteller.ai utilizes a proprietary routing engine. DPDK reserves the right to dynamically route Customer requests to the AI model best suited for the task.

  • Cloud AI: Requests may be routed to third-party providers (Google, Anthropic, OpenAI) to leverage the latest frontier reasoning capabilities.
  • Sovereign AI (Local Models): DPDK may route requests to locally-hosted models running on DPDK’s private infrastructure. This is primarily used to enhance data privacy, ensure service continuity during third-party outages, or provide specialized brand-tuning.
  • Enterprise Choice: Enterprise customers may request "Sovereign-Only" routing, ensuring their data never interacts with third-party cloud AI providers.

2.3 Usage Limits & Fair Use: "Unlimited" features are subject to our Fair Use Policy. If usage exceeds typical human professional patterns (e.g., automated "bot" scraping or excessive high-frequency generation), DPDK may throttle, limit, or suspend the account to maintain service stability and prevent API abuse.

2.4 Credit Exhaustion: For tiers with specific "Advanced Story" credit allowances, once the limit is reached, the Service may automatically revert to high-efficiency models or prompt the Customer to purchase additional credits.

3. Intellectual Property & Ownership

  • Input: You retain all rights to the data, brand guides, and prompts you upload.
  • Output: DPDK assigns all its rights, title, and interest in the generated Output to you. Under current EU law, AI-generated content without human authorship may not be eligible for full copyright protection; however, your human prompts and subsequent edits are yours to claim.
  • Training: DPDK does not use your proprietary Inputs or Outputs to train the global AI models. We respect the EU Copyright Directive (2019/790) and honor "opt-out" signals for text and data mining. Your data remains siloed to your account for the sole purpose of providing the Service. We process data strictly within EU Data Regions unless otherwise agreed upon in an Enterprise DPA.

4. Prohibited AI Practices

In compliance with the EU AI Act Prohibitions, you may not use the Service for:

  • Subliminal Manipulation: Engaging in deceptive techniques to influence behavior in a way that causes harm.
  • Exploitation: Exploiting vulnerabilities of specific groups (e.g., based on age, disability, or socio-economic situation).
  • Social Scoring: Categorizing people based on social behavior or personal characteristics for trustworthiness scores.
  • Biometric Categorization: Inferring sensitive traits (race, political opinions, religion) through AI analysis.
  • Professional Advice: You may not use the Service to provide legal, medical, or financial advice. The Output is for marketing and creative purposes only.
  • High-Risk Decisions: You may not use the Service for "High-Risk" AI applications as defined in Annex III of the EU AI Act (e.g., recruitment, credit scoring, or critical infrastructure management).
  • Model Distillation: You are strictly prohibited from using the Output to develop, train, or improve any artificial intelligence models that compete directly with Brandstoryteller.ai or the underlying AI APIs.

5. Deployer Responsibilities (Your Obligations)

As the "Deployer" of the AI under EU law, you agree to:

  • Human Oversight: Ensure that all Output is reviewed by a human before being used in a commercial or public-facing context.
  • Labeling: Mark Output as AI-generated if it is likely to be perceived as authentic and human-made (e.g., deepfake text or "authentic" news), unless the Editorial Exemption applies.
  • Accuracy: Verify all factual claims. AI can "hallucinate" and produce incorrect or biased information.

Customer’s use of the Service is further subject to our Acceptable Use Policy (AUP), located at https://hubs.ly/Q04cjpRH0, which is incorporated into these Terms by reference. Violation of the AUP constitutes a material breach of these Terms.

6. The Editorial Exemption

Under Article 50 (4) of the EU AI Act, you are not required to label text as AI-generated if:

  1. The content has undergone a process of human review or editorial control.
  2. A natural or legal person (you or your company) holds editorial responsibility for the publication.

Note: DPDK strongly recommends a "Human-in-the-loop" workflow for all Brandstoryteller.ai outputs to satisfy this legal safe harbor.

7. Data Protection (GDPR)

7.1 Location and Jurisdiction: DPDK is a Dutch entity. All personal data is processed in accordance with the GDPR and the Dutch GDPR Implementation Act (Uitvoeringswet AVG).

7.2 Sub-processors & Sovereign Cloud: To ensure the highest level of data protection and performance, DPDK utilizes a multi-cloud infrastructure:

  • Scaleway (EU Sovereign Cloud): Primary hosting and "Sovereign AI" inference are conducted via Scaleway (France/Netherlands). As a European provider, Scaleway ensures that data processed within this environment remains outside the jurisdiction of non-EU extraterritorial data access laws (e.g., the US Cloud Act).
  • Third-Party AI Models: Where specialized high-reasoning models are required, data may be processed via Google Cloud (EU Regions) or other providers listed in our Sub-processor List.

7.3 Data Safeguards: We maintain rigorous Data Processing Agreements (DPAs) with all sub-processors. We ensure that Customer data is encrypted at rest and in transit and is never used for unauthorized model training. Where transfers to third countries occur, they are governed by the European Commission’s Standard Contractual Clauses (SCCs).

8. Limitation of Liability

DPDK provides the Service "as-is." We are not liable for:

  • Errors, omissions, or "hallucinations" in the Output.
  • Any infringement claims resulting from Output that has not been sufficiently modified by the Customer.

Cap on Liability: Our total liability is limited to the fees paid by you in the 12 months preceding the claim.

 

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands. Any disputes will be resolved exclusively by the courts in Rotterdam.

10. Indemnification

10.1 Customer Indemnity: You will defend, indemnify, and hold harmless DPDK and its affiliates from and against any third-party claims, damages, and costs (including legal fees) arising from: (a) your Input; (b) your use of the Service in violation of these Terms; or (c) any Output published by you that is alleged to infringe third-party rights or violate the EU AI Act transparency rules.

11. Service Availability & Changes

11.1 Third-Party Dependency: Customer acknowledges that the Service depends on third-party providers (Google Cloud/Gemini/others). DPDK is not liable for service interruptions, rate-limiting, or permanent discontinuation of models by these third parties.

 

11.2 Modifications: AI technology is rapidly evolving. We reserve the right to modify the underlying models or "Routing Logic" at any time to improve safety, performance, or compliance with new EU regulations.

 

12. Suspension and Termination

12.1 Proactive Suspension: DPDK reserves the right to immediately suspend or limit Customer’s access to the Service if:

  1. Customer is in breach of these Terms or the Prohibited AI Practices (Section 4);
  2.  Customer’s usage patterns suggest automated abuse that threatens the stability of the Service; or
  3.  DPDK’s third-party providers (e.g., Google) require suspension to comply with safety or legal mandates.

 

12.2 Effect of Suspension: During suspension, Customer’s obligation to pay fees remains in effect. DPDK is not liable for any data loss or business interruption resulting from a suspension initiated due to Customer's violation of these Terms.

13. Publicity

Customer grants DPDK the right to use Customer’s name and corporate logo in DPDK’s marketing materials, website, and public disclosures (such as "Our Clients" sections) to identify Customer as a user of Brandstoryteller.ai. Customers may revoke this right at any time by sending a written request to info@dpdk.com.

14. Assignment

 DPDK may assign its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. Customer may not assign these Terms without DPDK’s prior written consent.

15. Survival

The sections of these Terms which by their nature should survive termination shall survive, including but not limited to: Section 3 (IP & Ownership), Section 8 (Limitation of Liability), Section 9 (Indemnification), and Section 12 (Governing Law).

16. Entire Agreement 

These Terms (along with any applicable Data Processing Agreement) constitute the entire agreement between the parties and supersede all prior proposals or communications. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.

Brandstoryteller.ai - Commercial Terms of Service | DPDK