TERMS OF SERVICE

Algemene Voorwaarden — enclava.io

Effective date: 16 March 2026

1. Definitions

In these Terms of Service ("Terms"), the following definitions apply:

Note: Enclava currently operates as a sole proprietorship (eenmanszaak). Upon incorporation as a B.V. (besloten vennootschap), the contracting entity will change to the B.V., and these Terms will be updated accordingly.

2. Scope and Acceptance

2.1. These Terms govern your use of the Platform and the Services. By creating a Tenant account, you agree to be bound by these Terms, the Privacy Policy, and the Data Processing Agreement.

2.2. If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity.

2.3. Enclava may update these Terms from time to time. Material changes will be notified at least 30 days in advance by email or through a notice on the Platform. Continued use of the Platform after the effective date of the updated Terms constitutes acceptance. If you do not agree with the changes, you may terminate your account before the changes take effect.

3. Account Registration and Responsibilities

3.1. To use the Platform, you must register for a Tenant account by providing accurate and complete information, including a valid email address and business details.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Enclava immediately at support@enclava.io if you become aware of any unauthorised use of your account.

3.3. You may invite Tenant Staff to access the Platform under your account. You are responsible for ensuring that your Tenant Staff comply with these Terms. Each Tenant Staff member must have their own individual login credentials.

3.4. You must be at least 18 years of age to create an account. The Platform is not directed at individuals under the age of 16.

4. Services Description

4.1. The Platform provides operational management tools for service businesses, including:

• (a) Quote Management: Creating, sending, tracking, and accepting quotes for one-time and recurring services.
• (b) Work Order Management: Scheduling, assigning, tracking, and completing work orders derived from accepted quotes.
• (c) Recurring Commitment Management: Managing recurring service agreements, including automated work generation, schedule management, and pause/resume functionality.
• (d) Customer Management: Maintaining customer records, contact information, and communication history.
• (e) Invoicing: Generating and sending invoices for completed work.
• (f) Business Presence: Tenant-branded website, intake forms, SEO/AI discoverability features, and custom domain support (where applicable to the Tenant's subscription tier).
• (g) Communications: Inbound message processing and customer notification delivery via email and (where available) WhatsApp.

4.2. Enclava uses artificial intelligence (AI) technologies, including large language models, to process inbound customer messages and extract structured operational data (e.g., service requests, scheduling details). This processing is described further in the Privacy Policy and the AI Transparency Disclosure at Section 14 of these Terms.

4.3. The availability of specific features depends on the Tenant's subscription tier, as described in Section 5.

5. Subscription Tiers and Pricing

5.1. The Platform is offered in multiple subscription tiers. The current tiers, their features, and pricing are published on the Enclava pricing page at [https://enclava.io/pricing].

Note: Pricing tiers are not yet finalised. The pricing page will be published before the Platform's general availability launch. Until then, pilot users will be informed of applicable pricing directly.

5.2. All prices are stated in euros (€) and are exclusive of BTW (VAT), unless explicitly stated otherwise. BTW will be charged at the applicable Dutch rate (currently 21%) for B2B customers within the Netherlands, and in accordance with EU VAT rules for customers in other EU Member States.

5.3. Subscriptions are billed monthly. Payment is due within 14 days of the invoice date. Enclava reserves the right to suspend access to the Platform if payment is overdue by more than 30 days, after having sent at least one payment reminder.

5.4. Enclava may adjust pricing with at least 60 days' prior written notice. If the Tenant does not agree with a price increase, the Tenant may terminate the subscription before the new pricing takes effect, without penalty.

6. Use of AI Technologies

6.1. The Platform uses AI-powered features to assist Tenants with operational tasks, as described in Section 4.2. These features are designed to support — not replace — human decision-making. The Tenant remains fully responsible for reviewing, approving, and acting on any AI-generated outputs (including extracted data, suggested quotes, and structured summaries).

6.2. AI-generated outputs may contain errors or inaccuracies. Enclava does not guarantee the accuracy, completeness, or fitness for purpose of AI-generated content. The Tenant should not rely on AI outputs without independent verification.

6.3. Enclava is transparent about its use of AI. Further details on AI processing, including sub-processors and data handling, are provided in the Privacy Policy and the AI Transparency Disclosure at Section 14.

7. Data Protection

7.1. Enclava processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Dutch Uitvoeringswet AVG (UAVG).

7.2. For personal data of Tenant Staff, Enclava acts as the data controller. The processing of this data is governed by the Privacy Policy.

7.3. For personal data of End-Customers, Enclava acts as the data processor on behalf of the Tenant. This processing relationship is governed by the Data Processing Agreement, which is accepted by the Tenant during the account registration process.

7.4. The Tenant is responsible for ensuring that it has a valid legal basis under the GDPR for processing the personal data of its End-Customers through the Platform, and that it provides appropriate privacy notices to its End-Customers.

8. Intellectual Property

8.1. Enclava retains all intellectual property rights in and to the Platform, including its software, design, documentation, and trademarks. These Terms do not transfer any ownership rights to the Tenant.

8.2. The Tenant retains all rights in and to its Content. By uploading Content to the Platform, the Tenant grants Enclava a non-exclusive, worldwide, royalty-free licence to use, store, process, and display the Content solely for the purpose of providing the Services.

8.3. The Tenant warrants that it has all necessary rights and permissions to upload Content to the Platform and that such Content does not infringe the intellectual property rights of any third party.

9. Acceptable Use

9.1. The Tenant agrees to use the Platform only for lawful business purposes and in accordance with these Terms. The Tenant shall not:

• (a) Use the Platform for any illegal activity or to facilitate illegal activity;
• (b) Upload or transmit any malicious code, viruses, or harmful software;
• (c) Attempt to gain unauthorised access to other Tenants' data or to any Enclava systems;
• (d) Reverse-engineer, decompile, or disassemble any part of the Platform;
• (e) Use the Platform to send unsolicited commercial communications (spam);
• (f) Resell, sublicence, or make the Platform available to third parties, except to Tenant Staff and End-Customers as contemplated by the Services;
• (g) Use the Platform in a manner that could damage, disable, or impair the Platform or interfere with any other party's use.

9.2. Enclava may suspend or terminate the Tenant's access to the Platform if it reasonably believes the Tenant is in violation of this Section 9, after providing written notice and a reasonable opportunity to cure (except in cases of imminent harm or illegal activity, where suspension may be immediate).

10. Availability and Support

10.1. Enclava will use commercially reasonable efforts to maintain the availability of the Platform. However, the Platform is provided on an "as is" and "as available" basis. Enclava does not guarantee uninterrupted or error-free operation.

10.2. Planned maintenance will be communicated at least 48 hours in advance where practicable and will be scheduled outside of normal business hours (CET/CEST) where possible.

10.3. Support is available via email at support@enclava.io. Response times depend on the Tenant's subscription tier and the severity of the issue.

11. Limitation of Liability

11.1. To the maximum extent permitted by Dutch law, Enclava's total aggregate liability to the Tenant for any claims arising out of or in connection with these Terms or the use of the Platform shall not exceed the total fees paid by the Tenant to Enclava in the twelve (12) months immediately preceding the event giving rise to the claim.

11.2. Enclava shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or business interruption, even if Enclava has been advised of the possibility of such damages.

11.3. Nothing in these Terms shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under Dutch law.

11.4. The Tenant acknowledges that Enclava is a technology provider and does not provide legal, financial, or operational advice. The Tenant is solely responsible for its business decisions, including those informed by data or outputs from the Platform.

Note: As long as Enclava operates as a sole proprietorship, the sole proprietor bears unlimited personal liability under Dutch law. The limitation of liability in this Section 11 applies contractually between the parties but does not override mandatory provisions of Dutch law regarding sole proprietor liability. Upon incorporation as a B.V., this section will be updated to reflect the corporate liability framework.

12. Termination

12.1. By the Tenant: The Tenant may terminate these Terms and close its account at any time by providing written notice (including email) to support@enclava.io. Termination takes effect at the end of the current billing period. No refunds will be issued for partial months.

12.2. By Enclava: Enclava may terminate these Terms with 30 days' written notice. In the event of a material breach by the Tenant that remains uncured after 14 days' written notice, Enclava may terminate immediately.

12.3. Effect of termination: Upon termination:

• (a) The Tenant's access to the Platform will be disabled.
• (b) The Tenant may request export of its Content in a machine-readable format (JSON or CSV) prior to termination. Enclava will honour export requests made within 30 days of the termination date.
• (c) If the Tenant does not request data export within 30 days of termination, Enclava will delete all Tenant data in accordance with the Data Processing Agreement.
• (d) Financial records and invoices will be retained for 7 years in accordance with Article 52 of the Dutch Algemene wet inzake rijksbelastingen (AWR).
• (e) Provisions that by their nature should survive termination (including Sections 8, 11, 13, and 15) shall survive.

13. Indemnification

13.1. The Tenant shall indemnify and hold Enclava harmless from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Tenant's breach of these Terms; (b) the Tenant's violation of applicable law; (c) any claim by a third party relating to the Tenant's Content; (d) any claim by an End-Customer relating to the Tenant's use of the Platform.

14. AI Transparency Disclosure

14.1. In accordance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) and in the spirit of transparency, Enclava provides the following disclosure regarding its use of AI technologies:

14.2. AI systems used: The Platform uses large language models (LLMs) to extract structured operational data from inbound customer messages (e.g., extracting service type, date preferences, and contact details from free-text messages received via email or WhatsApp). This is a limited-risk AI application under the EU AI Act.

14.3. How it works: When an End-Customer sends a message to the Tenant via a Platform-connected channel, the message content may be processed by an AI model to identify and extract relevant operational data. The extracted data is presented to the Tenant Staff for review before any action is taken.

14.4. Human oversight: AI-extracted data is always subject to human review. No quotes, work orders, invoices, or other operational decisions are created solely by AI without Tenant Staff approval.

14.5. Sub-processors: AI processing may involve third-party AI model providers as sub-processors. The current list of sub-processors is available in the Data Processing Agreement (Annex B) and at [https://enclava.io/sub-processors].

14.6. Data handling: Message content sent to AI sub-processors is processed solely for the purpose of data extraction. Enclava does not use Tenant or End-Customer data to train AI models. Where technically feasible, personal data is minimised before transmission to AI sub-processors.

14.7. Limitations: AI-generated outputs may be inaccurate or incomplete. Tenants are responsible for verifying AI-extracted data before acting on it.

15. Governing Law and Dispute Resolution

15.1. These Terms are governed by and construed in accordance with the laws of the Netherlands.

15.2. Any disputes arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the competent court in the Netherlands.

15.3. Before initiating legal proceedings, the parties shall attempt in good faith to resolve any dispute through informal negotiation for a period of at least 30 days from written notice of the dispute.

16. Miscellaneous

16.1. Entire agreement: These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between the Tenant and Enclava with respect to the use of the Platform.

16.2. Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16.3. No waiver: The failure of Enclava to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4. Assignment: The Tenant may not assign or transfer these Terms without the prior written consent of Enclava. Enclava may assign these Terms to a successor entity (e.g., upon incorporation as a B.V.) with notice to the Tenant.

16.5. Force majeure: Enclava shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, or third-party service failures.

17. Contact Information

For questions about these Terms, please contact:

• Email: support@enclava.io
• Website: https://enclava.io
• Privacy inquiries: privacy@enclava.io

Enclava Terms of Service — Version 1.0