Terms of Service — fabrikken.ai chatbot platform
1. About these terms
These Terms of Service (the "Terms") apply between AIfabrikken ApS, CVR no. 45010694, Hammerensgade 1, 2nd floor, DK-1267 Copenhagen K ("Fabrikken", "we") and the business or organisation (the "Customer", "you") that creates and uses a chatbot on the fabrikken.ai platform (the "Service"). The Service is offered to businesses and public organisations only — not to consumers. The Terms are accepted at signup, where acceptance is recorded with version, timestamp and IP address. The Data Processing Agreement (DPA) forms an annex to and an integral part of the agreement. Separate website terms apply to the use of our ordinary website.
2. The Service
The Service is a hosted AI chatbot built on the Customer's own material: websites we fetch and index with the Customer's permission, uploaded documents, and any cloud sources the Customer connects. The Service includes an administration panel, automatic re-scans of sources, an embeddable chat widget, and the features of the selected package and price list. Answers are generated by language models based on the indexed material (RAG).
3. Trial period
New customers can try the Service free of charge for 30 days with a limited knowledge base and usage (see the price list). When the trial expires, the chatbot enters a strongly limited state until the Customer chooses a subscription. The Customer's material is deleted on request. If the Customer does not choose a subscription, trial data (knowledge base, conversations and configuration) is deleted automatically no later than 90 days after the trial expires, cf. section 9 of the DPA.
4. Prices and payment
The price consists of a one-time onboarding fee and a recurring subscription depending on the selected package (Internal or Public) and knowledge-base size (KB band). The Customer chooses between monthly and annual invoicing and may switch billing interval. The prices, limits and included features in force at any time appear from the price list at fabrikken.ai/pricing, which forms part of the agreement. Prices are exclusive of VAT.
- Payment: Invoices are due 14 days net from the invoice date. Late payment may incur reminder fees and default interest under the Danish Interest Act.
- Changing package or band: Upgrades take effect immediately, and the difference is charged pro rata for the remainder of the current period. Downgrades take effect from the next billing period.
- Renewal and termination: Subscriptions renew automatically. Monthly subscriptions may be terminated at the end of a calendar month; annual subscriptions may be terminated with effect from the next renewal, no later than 30 days before the renewal, and otherwise renew for 12 months at a time.
- Price adjustment: Fabrikken may adjust prices once a year with at least 30 days' notice, including as a minimum in line with the development of the Danish net price index published by Statistics Denmark. Increases beyond index adjustment are treated as a material change, cf. section 14, and entitle the Customer to terminate the agreement as of the effective date.
- Refunds: No refund is given for a commenced billing period upon the Customer's termination. If Fabrikken terminates the agreement without breach by the Customer, or the Customer terminates due to material adverse changes, prepaid fees are refunded pro rata.
5. Quotas and fair use
The Service's bands and packages include limits and fair-use thresholds that are enforced technically:
- Knowledge-base ceiling (number of text chunks) per KB band. If exceeded, a 30-day grace period applies to reduce content or upgrade; thereafter new indexing is paused while the existing chatbot keeps working.
- Indicative conversation volume per month ("soft cap"): exceeding it does not interrupt the Service but may trigger a dialogue about the right band.
- An internal usage guard against abnormally high language-model consumption (abuse protection). If triggered, we contact the Customer.
- The number of manual scans per month and scan frequencies depend on the KB band, cf. the price list.
6. Customer material and indexing permission
The Customer grants Fabrikken the right to fetch, process and index the material designated by the Customer (websites, documents, connected sources) solely to provide the Service to the Customer. The Customer warrants that it holds the necessary rights to the material — as owner or by permission — and that the indexing does not infringe third-party copyright or the terms of the website concerned. Our crawler respects robots.txt and identifies itself with a product token and contact URL.
7. Acceptable use
The Service may not be used to index or disseminate unlawful content, to infringe third-party rights, to circumvent quotas or technical restrictions, or otherwise to abuse the platform. Resale or sublicensing requires written agreement.
8. AI-generated answers — disclaimer
Chatbot answers are generated automatically by language models based on the Customer's material and may be inaccurate, incomplete or misconstrued. Answers do not constitute advice. The Customer is responsible for informing its end users that they are talking to an AI (the Service provides consent and disclaimer texts) and for not using answers as the sole basis for material decisions.
9. Personal data and the DPA
For personal data in the Customer's material and end-user conversations, the Customer is the controller and Fabrikken the processor. The parties' Data Processing Agreement (DPA) — including the list of sub-processors — is entered into as an annex to these Terms and is available at fabrikken.ai/dpa. For data about the Customer's own contacts (account, billing, support), Fabrikken is an independent controller, cf. our privacy policy. The Customer's data is encrypted in transit and at rest, cf. the description of technical measures in the DPA.
10. Intellectual property
The platform, software, design and all other material developed by Fabrikken belong to AIfabrikken ApS or our licensors. The Customer's material and the knowledge base built from it remain the Customer's; Fabrikken obtains only the right of use necessary to provide the Service. Upon termination, both parties' rights of use lapse.
11. Availability and support
We aim for high availability but do not guarantee uptime, and no SLA applies during the trial. Planned maintenance is announced where possible. Support is provided by email within reasonable time. Separate SLA terms may be agreed for custom solutions.
12. Suspension and termination
Fabrikken may suspend the Service in whole or in part in the event of material breach, including breach of sections 6-7 or non-payment after notice. Upon termination — for whatever reason — the Customer's knowledge base, conversation data and other customer data are deleted in accordance with the deletion deadlines in section 9 of the DPA. Prior to deletion the Customer may request export of its material in a commonly used format.
13. Liability
The Service is provided as is. Fabrikken is not liable for indirect losses, including loss of business, lost profits or loss of data, nor for damage arising from the Customer's or end users' use of AI-generated answers, cf. section 8. Fabrikken's total liability under the agreement is limited to the fees paid by the Customer in the 12 months preceding the event giving rise to liability; during the trial period and on the free plan, liability is thus limited to DKK 0. The limitations do not apply in cases of intent or gross negligence. Fines under the GDPR are borne by the party whose infringement gave rise to the fine.
14. Changes to the Terms
We may amend the Terms with at least 30 days' notice by email to the Customer's administrators. Continued use after entry into force constitutes acceptance. Material changes to the Customer's detriment entitle the Customer to terminate with effect from the date the change takes effect. The current version and date always appear at the top of this page.
15. Governing law and venue
The Terms are governed by Danish law. Disputes that cannot be resolved amicably are settled by the City Court of Copenhagen. The Terms are available in Danish and English; in case of discrepancy, the Danish version prevails.