Terms of Service for trybTest Platform

Effective Date: February 24, 2026

Please read these Terms of Service ("Terms") carefully before using the trybTest platform ("Service") operated by trybTest B.V. ("we," "us," or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

Definitions

For the purposes of these Terms of Service:

"Account" means a unique account created for you to access our Service or parts of our Service, requiring registration and login credentials.

"AI Artifacts" means any and all output generated by the trybTest platform, including but not limited to Business Plans, preliminary codebase structures (MVP structure), Marketing Strategies, and preliminary legal documentation, derived from a User Prompt.

"Content" refers to text, graphics, images, software, audio, video, information, or materials made available through the Service, including AI Artifacts, platform interface designs, and underlying algorithms.

"Maker" refers to a skilled professional or entity registered on the trybTest Marketplace, vetted by trybTest, offering scaling, refinement, or implementation services related to the AI Artifacts generated for the Venturist.

"Service" refers to the trybTest Software-as-a-Service (SaaS) platform, accessible via web interface, designed to convert natural language prompts into comprehensive business ecosystem components using multi-agent AI orchestration.

"User Prompt" means the initial natural language input provided by the Venturist requesting the generation of the Business Ecosystem components.

"Venturist" means the end-user, an individual or entity, utilizing the Service to generate business concepts and associated materials under a Freemium/Subscription Hybrid Model.

Scope of Service

trybTest grants the Venturist a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly for internal business development and conceptual validation purposes, subject to these Terms. The Service encompasses the AI orchestration engine that generates the AI Artifacts based on the User Prompt, and the associated high-trust marketplace facilitating connections with Makers.

The Service is provided on a "as-is" basis, reflecting the current state of AI technology. While we strive for high-quality output, the AI Artifacts, particularly preliminary legal documentation, are informational only and do not constitute formal legal advice, professional certification, or a complete, ready-to-file business structure suitable for formal registration without subsequent review by qualified legal counsel. Users acknowledge that the reduction in time-to-market is achieved through automation, which inherently involves inherent degrees of generalization and potential error in complex domains.

Furthermore, the connection service to Makers is a facilitation function only. trybTest acts solely as an intermediary platform; it does not employ, control, or endorse any Maker. All agreements, transactions, and collaborations between a Venturist and a Maker are governed by separate agreements established between those parties, and trybTest assumes no liability for the quality, timeliness, or legality of the services rendered by any Maker.

Terms and Conditions

Registration for the Service requires the Venturist to provide accurate, current, and complete information as prompted during the account creation process. The Venturist is solely responsible for maintaining the confidentiality of their Account credentials and for all activities that occur under their Account. Any attempt to circumvent platform security or interfere with the normal functioning of the Service, including attempts to reverse-engineer the underlying AI orchestration mechanisms, will result in immediate and permanent termination of access, potentially involving recourse under Dutch law for unauthorized access (Article 138ab of the Dutch Criminal Code, related to unauthorized access to data).

The Venturist must use the Service in compliance with all applicable national and international laws, specifically refraining from using the Service to generate Content or AI Artifacts that are defamatory, obscene, infringes on intellectual property rights, or promote illegal activities. Any usage analytics data collected is processed strictly for service improvement and feature development as outlined in our separate Data Processing Addendum, distinct from these Terms.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without notice. In the event of a material change to the core functionality or pricing structure, we will endeavor to provide reasonable prior notice to active subscribed Venturists. Continued use of the Service after any such changes constitutes acceptance of the revised Terms.

Payment Terms

Access to the Service operates under a Freemium/Subscription Hybrid Model, supplemented by optional transaction fees related to Marketplace activities. For Subscription tiers, payment shall be due in advance, monthly or annually, depending on the selected plan. All payments must be processed via the designated third-party payment processor. Failure to remit payment within seven (7) calendar days following the due date will result in the immediate suspension of premium features.

If a Venturist defaults on payment obligations, trybTest retains the right, after providing notice pursuant to Article 6:267 of the Dutch Civil Code (Burgerlijk Wetboek), to terminate the Account and restrict access to any subsequently generated AI Artifacts until all outstanding fees are settled. Furthermore, for transactions facilitated through the Maker Marketplace, trybTest reserves the right to deduct a pre-agreed percentage commission ("Transaction Fee") from the total payment made by the Venturist to the Maker before remittance, as detailed in the Marketplace Addendum referenced during service activation.

All fees are exclusive of, and the Venturist is responsible for paying, any applicable value-added tax (BTW) or other governmental taxes or levies imposed on the transaction or the provision of the Service in the Netherlands or elsewhere. Subscriptions are non-refundable, except as explicitly mandated by mandatory Dutch consumer protection law regarding distance contracts (Article 6:230m BW), which permits a cooling-off period if the Service has not been fully utilized during that time.

Liability and Disclaimers

Disclaimer of Warranties (Conformity and Quality): THE SERVICE AND ALL AI ARTIFACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT THE AI ARTIFACTS WILL MEET YOUR SPECIFIC COMMERCIAL OR LEGAL REQUIREMENTS.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY DUTCH LAW (INCLUDING THE IMPLICATIONS OF THE DUTCH CIVIL CODE REGARDING FRUSTRATION OF CONTRACT AND REASONABLENESS AND FAIRNESS, Article 6:248 BW), TRYBTEST (INCLUDING ITS DIRECTORS, EMPLOYEES, OR AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING MAKERS); OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Indemnification and Risk Assumption: The Venturist explicitly acknowledges and accepts that the primary risks associated with the AI Artifacts—particularly regarding the enforceability of preliminary legal documentation and the technical viability of the generated codebase—are borne entirely by the Venturist. The Venturist agrees to indemnify and hold harmless trybTest against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from the Venturist's reliance on the AI Artifacts without subsequent professional review or their use in violation of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, which cannot be settled amicably between the parties, shall be exclusively submitted to the competent court in Amsterdam, Netherlands. This exclusive jurisdiction clause is agreed upon pursuant to Article 6:230f(4) of the Dutch Civil Code, applicable to consumer contracts where the parties agree on jurisdiction post-formation, provided that consumer rights under mandatory provisions of Dutch procedural law are respected.

The Venturist confirms they have had the opportunity to seek independent legal advice regarding these Terms before agreeing to them. Should any provision of these Terms be held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect, consistent with the principle of severability inherent in Dutch contract law.