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Terms of Service

Version 1.0 · Effective from 2026-09-09

Effective from: 16 June 2026 · Version 1.0

1. Introduction

These Terms of Service (the "Terms") govern your use of GiesenCloud, the software-as-a-service platform operated by Giesen Coffee Roasters B.V. ("Giesen", "we", "us", "our"), a private company with limited liability incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 09165753, with its registered office at Industrieweg 15, 7071 CK Ulft, The Netherlands.

By creating an account, accessing, or using GiesenCloud, you ("Customer", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

GiesenCloud is a business-to-business service intended for professional use by coffee roasteries and related businesses. These Terms are written for business customers; mandatory consumer protections under applicable law are not affected where they apply.

2. Definitions

  • Service — the GiesenCloud SaaS platform, including its web application, mobile applications, APIs (including the Public API and MCP endpoint), and supporting Documentation.
  • Account — a registered user identity within the Service.
  • Team — the organisation entity within the Service that holds your data and to which one or more user Accounts may be linked.
  • Subscription — the paid plan that grants your Team access to specific Service features.
  • Customer Data — data uploaded, transmitted, or generated through your use of the Service, including roast telemetry, roast profiles, inventory records, customer records, and order data.
  • De-identified Data — Customer Data from which all identifiers of your Team, your users, and any natural person have been removed, in such a way that the data can no longer reasonably be linked back to you or any individual.
  • AI Features — features of the Service that use machine-learning models, including roast suggestions, anomaly detection, and AI-assistant connectivity via the MCP endpoint.
  • DPA — our Data Processing Agreement at /legal/dpa, which forms part of these Terms where we process personal data on your behalf.
  • Sub-processor — a third party engaged by us to process Customer Data in providing the Service. The current list is published at /trust/sub-processors.
  • Documentation — the user-facing help articles and product documentation we make available.
  • Trust Center — our security and compliance documentation at /trust.

3. Account & Eligibility

3.1 You must be at least 18 years of age and legally capable of entering into a binding contract to create an Account.

3.2 You are responsible for safeguarding your Account credentials and for any activity occurring under your Account. We strongly recommend enabling two-factor authentication.

3.3 If you create or use the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

3.4 You are responsible for managing access within your Team, including assigning roles and permissions to your users and revoking access when appropriate.

3.5 We may refuse, suspend, or terminate Accounts as set out in Section 15 (Term, Suspension & Termination).

4. Subscriptions, Trials & Payment

4.1 Access to paid features requires an active Subscription. Subscription tiers, features, and prices are listed at /pricing and may be updated from time to time. Price changes apply from the next renewal and will be announced at least 30 days in advance.

4.2 Billing is performed by Stripe. By providing a payment method, you authorise us to charge your Subscription fee on each renewal date until you cancel. We do not store your card details; see the Privacy Notice and Trust Center for details.

4.3 Fees are exclusive of VAT and other applicable taxes unless stated otherwise. Where required, we will collect and remit VAT in accordance with applicable law.

4.4 Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You may cancel at any time via the in-app billing portal; the cancellation takes effect at the end of the current billing period.

4.5 Refunds: fees are non-refundable except where required by law or expressly stated in your Subscription tier description.

4.6 Late payment: we may suspend the Service for outstanding payments older than 30 days, and ultimately terminate the Account. Interest may be charged at the statutory commercial rate (wettelijke handelsrente).

4.7 Free trials and free tiers: where we offer a free trial or free tier, it is provided "as is" without any service-level commitment and may be modified or withdrawn at any time. At the end of a trial, access to paid features stops unless you start a paid Subscription; your Customer Data remains exportable as described in Section 15.4.

5. Acceptable Use

You agree not to:

  • Use the Service in violation of any applicable law or regulation
  • Upload Customer Data that you do not have the right to upload
  • Attempt to reverse-engineer, decompile, or extract source code (except as expressly permitted by mandatory law)
  • Probe, scan, or test the vulnerability of the Service without our prior written consent (responsible disclosure to security@giesen.com under our disclosure policy at /trust/contact is welcome and not a breach of this clause)
  • Interfere with or disrupt the integrity or performance of the Service
  • Circumvent role-based access controls, subscription gates, or Team isolation
  • Resell, sublicense, or commercially exploit the Service without our prior written consent
  • Use automated tools (including AI agents) to access the Service in a way that exceeds reasonable usage patterns or our published rate limits
  • Impersonate any person or entity, or misrepresent your affiliation
  • Transmit malware, spam, or other harmful content

Violations may result in suspension or termination as set out in Section 15.

6. Customer Data

6.1 Ownership. Customer Data remains your property. We claim no ownership over Customer Data.

6.2 Hosting licence. You grant us a limited, worldwide, non-exclusive licence to host, copy, transmit, display, and process Customer Data to the extent necessary to (a) provide and support the Service, (b) comply with the law, and (c) exercise the rights in Section 7 (Service Improvement & AI).

6.3 Responsibility. You are responsible for the legality of Customer Data and for having the rights necessary to upload it, including any personal data of your own customers and staff that you process through the Service.

6.4 Personal data. Where we process personal data contained in Customer Data on your behalf, we do so as a processor under our Data Processing Agreement, which forms an integral part of these Terms. Our processing of personal data for which we are the controller (such as your Account data) is described in our Privacy Notice.

6.5 Export. You can export Customer Data at any time during the term using the in-app export features and APIs. Users can export their personal data via Profile → Your data.

6.6 Sub-processors. You authorise us to engage the Sub-processors listed at /trust/sub-processors. We will announce additions, removals, or replacements on that page at least 30 days in advance, as further described in the DPA.

7. Service Improvement & AI Model Training

7.1 De-identified and aggregated use. You grant us the right to use Customer Data to maintain, develop, and improve the Service — including training and evaluating machine-learning models that power AI Features such as roast suggestions and anomaly detection — only in de-identified and aggregated form. We do not use Customer Data for these purposes in identifiable form.

7.2 Safeguards. When we use Customer Data under this Section, we apply the following safeguards:

  • Identifiers of your Team, your users, and any natural person are removed before use (De-identified Data);
  • No personally identifiable information is included in training data;
  • We do not disclose your Customer Data to other customers, and models are designed and evaluated so that they do not reproduce identifiable Customer Data;
  • We do not sell Customer Data, and we do not provide Customer Data to third parties to train their own models.

7.3 Opt-out. You can turn off the use of your Team's data for AI model training at any time in Settings → Privacy & Data in the app. The opt-out takes effect immediately for future training runs. It does not affect models already trained on previously included De-identified Data, and it does not limit our use of aggregated statistics that contain no Customer Data.

7.4 Who controls the setting. The AI-training setting applies per Team and can be changed by users with the team privacy management permission (by default, the Team owner and managers).

7.5 Anonymous statistics. We may create and use statistics about Service usage (such as feature adoption and performance metrics) that contain no Customer Data and no personal data. These statistics are not subject to the opt-out.

8. AI Features & Output

8.1 Nature of AI output. AI Features generate suggestions, predictions, and summaries using machine-learning models. AI output is probabilistic in nature, may be inaccurate or incomplete, and is provided for informational purposes only. AI output is not professional advice.

8.2 Your review required. Coffee roasting involves physical machinery, high temperatures, and combustible material. You must review AI output before acting on it. AI Features do not autonomously operate roasting equipment, and you remain solely responsible for operational decisions, machine settings, food-safety compliance, and the supervision of roasting processes.

8.3 Connecting AI assistants (MCP). The Service lets you connect third-party AI assistants (such as Claude or ChatGPT) to your Team's data through scoped access tokens (the MCP endpoint). When you connect an AI assistant:

  • You choose the provider, and your use of that assistant is governed by your own agreement with that provider — the provider is not our Sub-processor;
  • Data the assistant retrieves through your token is transmitted to that provider on your instruction;
  • Tokens are scoped to your Team and your role permissions, and can be revoked at any time in Settings → Integrations;
  • You are responsible for the prompts you issue and for what your chosen assistant does with retrieved data.

8.4 Availability. AI Features may depend on Subscription tier and may be modified, suspended, or discontinued as described in Section 10.3.

9. Third-Party Services & Integrations

9.1 The Service offers optional integrations with third-party services (for example Shopify, Exact Online, and other accounting or e-commerce connectors). When you enable an integration, you instruct us to exchange the relevant Customer Data with that service, and your use of the third-party service is governed by its own terms.

9.2 We are not responsible for third-party services we do not control, including their availability or how they handle your data. We are responsible for our Sub-processors as set out in the DPA.

9.3 If a third party suspends or changes its APIs in a way that affects an integration, we will use commercially reasonable efforts to restore or replace the integration but do not guarantee its continued availability.

10. Our Service & SLA

10.1 We will use commercially reasonable efforts to maintain Service availability of 99.9% per calendar month, measured excluding scheduled maintenance and force majeure events.

10.2 Scheduled maintenance will be communicated in advance via in-app notice or the status page.

10.3 We may introduce, modify, or discontinue features. Where a discontinuation materially reduces functionality of a paid Subscription tier, we will provide at least 30 days' notice and a pro-rata refund for the unused portion of the affected feature.

10.4 We may update the Service for security, regulatory, or operational reasons without prior notice.

10.5 Support is provided via the in-app help features and support@giesen.com during Dutch business hours, unless your Subscription tier states otherwise.

11. Security

11.1 We implement and maintain appropriate technical and organisational security measures, including encryption in transit and at rest, multi-tenant isolation, role-based access control, two-factor authentication, and audit logging. Our current measures are described at /trust/security.

11.2 We will notify you without undue delay of any personal data breach affecting your Customer Data, as further set out in the DPA.

11.3 Vulnerability reports are welcome at security@giesen.com under the disclosure policy published at /trust/contact.

12. Beta & Pre-release Features

Features labelled beta, preview, early access, or similar are provided "as is", may change or be withdrawn without notice, are excluded from the SLA in Section 10.1, and should not be relied on for production-critical workflows. Feedback on beta features is subject to Section 13.3.

13. Intellectual Property

13.1 We retain all rights, title, and interest in the Service, including all software, machine-learning models, Documentation, and trademarks. No rights are granted except as expressly set out in these Terms.

13.2 Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term of your Subscription.

13.3 Feedback: if you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, royalty-free licence to use them without obligation to you.

14. Confidentiality

14.1 Each party ("Receiving Party") shall keep confidential the other party's ("Disclosing Party") non-public information learned in connection with the Service.

14.2 Customer Data is your Confidential Information. Service documentation we publish is not.

14.3 Confidentiality obligations survive termination for 3 years.

15. Term, Suspension & Termination

15.1 Either party may terminate these Terms for material breach by the other party that remains uncured 30 days after written notice.

15.2 You may terminate at any time by closing your Account; paid Subscriptions cancel at the end of the current billing period.

15.3 We may suspend or terminate immediately for: (a) non-payment older than 30 days, (b) material violation of Section 5 (Acceptable Use), or (c) legal or regulatory requirement. Where reasonable, we will warn you and give you the chance to cure before suspending.

15.4 Upon termination:

  • Access to the Service ends
  • Customer Data may be exported during a 30-day post-termination window
  • After this window, Customer Data is deleted from live systems and subsequently purged from encrypted backups in accordance with the retention schedule in our Privacy Notice and DPA
  • Sections that by their nature survive (IP, confidentiality, liability limitations, governing law) survive termination

16. Warranties & Disclaimers

16.1 We warrant that the Service will be provided with reasonable care and skill, materially in accordance with the Documentation.

16.2 EXCEPT AS EXPRESSLY STATED IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16.3 We do not warrant that the Service will be uninterrupted, error-free, or completely secure, beyond the SLA commitment in Section 10. We do not warrant the accuracy of AI output (Section 8).

17. Limitation of Liability

17.1 To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, revenue, data, or business opportunity.

17.2 Our total aggregate liability arising out of or related to these Terms shall not exceed the fees paid by you to us in the 12 months preceding the event giving rise to the claim, or €1,000, whichever is greater.

17.3 The limitations in this Section do not apply to: (a) breaches of confidentiality, (b) intellectual property infringement, (c) gross negligence or wilful misconduct (opzet of bewuste roekeloosheid), or (d) any liability that cannot be limited under applicable law (including under Dutch consumer law where applicable).

18. Indemnification

18.1 You will indemnify us against third-party claims arising from your Customer Data, your violation of these Terms, or your violation of applicable law.

18.2 We will indemnify you against third-party claims that the Service, as provided by us and used in accordance with the Documentation, infringes a third party's intellectual property right, subject to your prompt notice and our control of the defence.

19. Changes to these Terms

19.1 We may update these Terms from time to time.

19.2 For material changes, you will be notified by email and via in-app notice. You will be asked to accept the new version. You have 14 days from the in-app notification to review and accept. After the grace period, you will need to accept before continuing to use the Service.

19.3 For minor non-material changes (such as clarifications, typo fixes, or formatting), we may publish the update without requesting re-acceptance.

19.4 The current version is always available at /legal/terms with the effective date shown.

20. Governing Law & Disputes

20.1 These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

20.2 The competent court of the Rechtbank Gelderland (the Netherlands) has exclusive jurisdiction over any dispute arising under these Terms.

20.3 For consumers in the EU, statutory rights — including the right to bring a claim in their habitual residence — are not affected.

21. Miscellaneous

21.1 Assignment: you may not assign these Terms without our consent. We may assign these Terms in connection with a corporate transaction (merger, acquisition, sale of substantially all assets) with notice to you.

21.2 Force majeure: neither party is liable for failure due to events beyond reasonable control (acts of god, war, civil unrest, internet outage, regulatory action).

21.3 Severability: if any provision is held invalid, the rest remains in effect.

21.4 Entire agreement: these Terms, together with the Privacy Notice, the DPA, the Cookie Policy, and the Subscription order, constitute the entire agreement between us regarding the Service. In the event of conflict regarding the processing of personal data, the DPA prevails.

21.5 Notices: notices to us must be sent to legal@giesen.com. We will give notices to you via in-app notification or to the email address on your Account.

21.6 Language: these Terms are drafted in English. Translations are provided for convenience only; in the event of any inconsistency, the English version prevails.

21.7 No waiver: failure to enforce a provision is not a waiver of the right to enforce it later.

22. Contact