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CodeNomad — Terms & Conditions

Last updated: 06/08/2025 • Effective: 06/08/2025

1. Definitions and Interpretation

In these Terms and Conditions, the following terms have the meanings set forth below:

  • “AI Services” means companyName’s artificial intelligence-powered video-generation platform that creates videos from text prompts and image inputs.
  • “Agreement” means these Terms and Conditions together with any Order Forms or subscription agreements.
  • “Client” means the business entity or professional user subscribing to the Services.
  • “Client Content” means all materials, data, text, images, 3D visualizations and other content uploaded, submitted or provided by Client.
  • CodeNomad or “Company” meansCodeNomad, a private limited liability company incorporated in the Netherlands with KvK number 95085270.
  • “Generated Content” means videos, animations and other materials created by the AI Services using Client Content and/or text prompts.
  • "Third-Party AI Providers" means external AI technology providers whose services may be integrated into our platform.
  • “Personal Data” has the meaning given to it in the GDPR.
  • “Services” means the AI video-generation services, platform access and related support services provided by CodeNomad.
  • “Subscription Plan” means the selected service tier with associated usage limits and pricing.
  • “User Account” means the registered account enabling access to the Services.

References to laws, regulations or directives include amendments and successor legislation. Headings are for convenience only and do not affect interpretation.

2. Applicability and Formation of Agreement

2.1 Applicability

These Terms and Conditions apply to all offers, agreements and use of Services provided by CodeNomad to business clients. No other terms and conditions, including Client purchasing terms, apply unless expressly agreed in writing.

2.2 Formation of Agreement

The Agreement is formed when (a) Client creates a User Account and accepts these terms; (b) Client begins using the Services; or (c)CodeNomad confirms a Subscription Plan via email or Order Form.

2.3 Modifications

CodeNomad may update these Terms by providing 30 days’ notice via email or platform notification. Continued use after the effective date constitutes acceptance.

2.4 Dutch Law Compliance

These terms comply with Dutch law requirements for general terms and conditions and may be filed with the Netherlands Chamber of Commerce.

3. Service Description

3.1 AI Video-Generation Services

CodeNomad provides cloud-based AI video-generation services that:

  • Transform text prompts and image inputs into video content.
  • Process Client 3D visualizations and render them into video format.
  • Enable merging of multiple generated videos into consolidated outputs.
  • Provide access through a web interface and API endpoints.

3.2 Technical Infrastructure

Services utilize third-party AI technology providers integrated withCodeNomad's platform. Data processing may occur in various international facilities to optimize performance and compliance with applicable regulations.

3.3 Service Availability

CodeNomad will use commercially reasonable efforts to maintain 99 % uptime for the Services, excluding scheduled maintenance and force-majeure events.

4. User Accounts and Access

4.1 Account Registration

Client must provide accurate registration information and maintain account security. Each account is for use by a single business entity and may not be shared or transferred.

4.2 Access Credentials

Client is responsible for maintaining confidentiality of login credentials and all activities under the account. CodeNomad must be notified immediately of any unauthorized access.

4.3 Account Suspension

CodeNomad may suspend accounts for (a) breach of these terms; (b) suspected fraudulent activity; (c) overdue payments exceeding 30 days; or (d) violation of acceptable-use policies.

5. Subscription Plans and Usage Limits

5.1 Subscription Tiers

CodeNomad offers various subscription plans with different features, usage allowances and storage limits. The free tier includes 2 GB storage with basic functionality.

5.2 Pay-Per-Use Model

Beyond subscription allowances, additional usage is charged on a pay-per-use basis according to current pricing published on the platform.

5.3 Usage Monitoring

CodeNomad monitors usage to ensure compliance with subscription limits and to prevent system abuse. Usage data is available through the Client dashboard.

5.4 Storage Policies

Asset retention is managed per subscription plan. Free accounts receive 2 GB storage; premium plans offer expanded storage with configurable retention periods.

6. Payment Terms

6.1 Subscription Fees

Subscription fees are charged in advance on the selected billing cycle (monthly or annual). All prices are exclusive of applicable taxes.

6.2 Usage Charges

Pay-per-use charges are calculated monthly and billed separately from subscription fees. Payment is due within 30 days of invoice date.

6.3 Late Payments

Overdue amounts may incur interest at 1 % per month. Services may be suspended for accounts overdue by more than 30 days after 10 days’ written notice.

6.4 Taxes

Client is responsible for all applicable taxes, duties and governmental assessments except those based on CodeNomad’s net income.

6.5 Refund Policy

Subscription fees are non-refundable except as required by law or in case of service termination by CodeNomad without cause.

7. Data Processing and Privacy

7.1 Privacy Policy

CodeNomad’s data-processing practices are governed by our Privacy Policy, incorporated by reference and available at [URL].

7.2 Data-Processing Purpose

Personal Data is processed solely for (a) providing the Services; (b) account management; (c) technical support; and (d) legal compliance.

7.3 International Data Transfers

Client acknowledges that data may be transferred internationally for processing by third-party AI providers. Appropriate safeguards are implemented in accordance with GDPR and applicable data protection requirements.

8. Intellectual Property Rights

8.1 CodeNomad IP

CodeNomad retains all rights, title and interest in the Services, platform technology, algorithms and improvements. No rights are granted except as expressly stated.

8.2 Client Content Ownership

Client retains ownership of all Client Content. Client grantsCodeNomad a limited license to process such content for service provision.

8.3 Generated Content Rights

Subject to Section 8.4, Client receives a non-exclusive, worldwide license to use Generated Content for commercial purposes, contingent on compliance with these terms and payment of all fees.

8.4 Third-Party Rights

Client acknowledges that Generated Content may incorporate elements derived from third-party AI providers' training data. CodeNomad makes no warranties regarding third-party intellectual-property rights in Generated Content and disclaims all liability for potential infringement claims.

8.5 Copyright Disclaimer

Client acknowledges that AI-generated content may not be eligible for copyright protection in some jurisdictions. CodeNomad provides no guarantees regarding copyrightability of Generated Content.

9. User Content and Acceptable Use

9.1 Content Standards

Client Content must not contain:

  • Illegal, harmful or offensive material.
  • Content infringing third-party rights.
  • Personal data of individuals without proper consent in compliance with GDPR.
  • Malware, viruses or harmful code.

9.2 Content Restrictions

Services may not be used to create content that violates applicable laws, promotes violence or infringes intellectual-property rights.

9.3 Content Monitoring

CodeNomad reserves the right to monitor Client Content and Generated Content for compliance with these terms and applicable laws.

9.4 Content Removal

CodeNomad may remove or refuse to process content that violates these terms without prior notice and without liability.

10. AI-Generated Content and Licensing

10.1 Nature of AI Content

Client acknowledges that Generated Content is created through artificial-intelligence processes and may contain inaccuracies, artifacts or elements from AI training data and requires human review before commercial use.

10.2 Content Licensing

Generated Content is licensed to Client for commercial use within Client’s business operations. License does not extend to resale or redistribution as a primary product.

10.3 Attribution Requirements

Client may use Generated Content without attribution to CodeNomad but must not represent that the content was created by human authors.

10.4 Quality Disclaimer and Responsibility Waiver

CLIENT USES GENERATED CONTENT ENTIRELY AT THEIR OWN RISK. CodeNomad makes no warranties regarding the quality, accuracy, completeness, reliability, or suitability of Generated Content for Client's intended purposes. Client acknowledges and accepts full responsibility for:

  • Reviewing and validating all Generated Content before use
  • Ensuring Generated Content complies with applicable laws and regulations
  • Any consequences arising from the use of Generated Content
  • Any decisions made based on Generated Content
  • Any professional, commercial, or legal liability related to Generated Content

Client expressly waives any claims against CodeNomad for damages, losses, or liability arising from or related to the use of Generated Content, including but not limited to inaccuracies, errors, omissions, or inappropriate content.

11. Third-Party AI Services Integration

11.1 Third-Party Dependencies

Services may integrate various third-party AI technology providers. CodeNomad is not responsible for third-party service availability, functionality, terms of use, or the accuracy of AI-generated outputs.

11.2 Third-Party Terms

Client's use of Services may be subject to third-party AI providers' terms of service and acceptable-use policies. Client is responsible for compliance with such terms.

11.3 Service Limitations and Disclaimer

Functionality may be limited by third-party provider capabilities, terms, or service interruptions beyond CodeNomad's control. CodeNomad disclaims all liability for third-party AI service performance, accuracy, or availability.

12. Service Availability and Support

12.1 Service Levels

CodeNomad will provide Services with commercially reasonable availability and performance standards appropriate for business use.

12.2 Maintenance

Scheduled maintenance will be performed during off-peak hours with advance notice when possible. Emergency maintenance may be performed without notice.

12.3 Support Services

Technical support is provided Monday–Friday 09 00–17 00 CET via email and platform messaging. Response times vary by subscription plan.

12.4 Service Limitations

CodeNomad does not guarantee uninterrupted service and is not liable for temporary unavailability due to maintenance, updates or technical issues.

13. Liability and Indemnification

13.1 Liability Limitations

To the maximum extent permitted by law, CodeNomad’s total liability arising from or related to the Services shall not exceed the amounts paid by Client in the 12 months preceding the event giving rise to liability.

13.2 Excluded Damages

CodeNomad shall not be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, data loss or business interruption.

13.3 AI Content Comprehensive Disclaimer and Liability Waiver

COMPLETE DISCLAIMER: CodeNomad provides no warranties whatsoever regarding Generated Content, including but not limited to:

  • Accuracy: Generated Content may contain factual errors, inaccuracies, or misleading information
  • Completeness: Generated Content may be incomplete or omit critical information
  • Legal Compliance: Generated Content may not comply with applicable laws, regulations, or industry standards
  • Appropriateness: Generated Content may be unsuitable for Client's intended purpose
  • Originality: Generated Content may inadvertently reproduce copyrighted material or existing content
  • Professional Standards: Generated Content may not meet professional or industry-specific standards
  • Bias and Discrimination: Generated Content may contain inherent biases or discriminatory elements

COMPLETE LIABILITY WAIVER: Client acknowledges and agrees that:

  • AI systems are inherently unpredictable and may produce unexpected or harmful results
  • Client assumes all risks and responsibilities for reviewing, verifying, and validating Generated Content
  • Client is solely responsible for any professional, legal, financial, or reputational consequences from using Generated Content
  • Client will not hold CodeNomad liable for any damages, losses, claims, or expenses arising from Generated Content use
  • This waiver applies regardless of whether CodeNomad was informed of the potential for such damages

Client uses Generated Content at their own risk and expressly releases CodeNomad from all liability.

13.4 Client Indemnification

Client agrees to indemnify, defend, and hold harmless CodeNomad against all claims, damages, losses, costs, and expenses (including attorney fees) arising from or related to: (a) Client Content; (b) Client's use of Services; (c) Client's use of Generated Content; (d) Client's breach of these terms; (e) Client's violation of applicable laws; (f) any third-party claims related to Generated Content used by Client; or (g) any professional liability, negligence, or malpractice claims related to Client's use of Generated Content in their business operations.

13.5 Insurance Recommendation

STRONGLY RECOMMENDED: Given the inherent risks and evolving nature of AI technology liability, Client is strongly advised to maintain comprehensive insurance coverage including:

  • Professional liability insurance covering AI-generated content use
  • Technology errors-and-omissions insurance
  • Cyber liability insurance
  • General liability insurance covering AI-related claims
  • Industry-specific professional liability coverage

Client acknowledges that AI-generated content may result in unique liability exposures not covered by traditional insurance policies.

14. Termination

14.1 Termination by Client

Client may terminate the Agreement at any time with 30 days’ written notice. No refunds will be provided for unused subscription periods.

14.2 Termination by CodeNomad

CodeNomad may terminate the Agreement (a) for cause with immediate effect; (b) for non-payment after notice and cure period; or (c) without cause with 60 days’ notice.

14.3 Effect of Termination

Upon termination (a) access to Services ceases; (b) Client data may be deleted after 30 days; (c) outstanding fees become immediately due; and (d) survival clauses remain in effect.

14.4 Data Export

Client may export Generated Content and Client Content for 30 days following termination, subject to technical limitations and applicable fees.

15. GDPR and Data Protection

15.1 GDPR Compliance

CodeNomad processes Personal Data in accordance with GDPR and Dutch data-protection laws.

15.2 Data-Processing Agreement

A separate Data-Processing Agreement (DPA) governs the processing of Personal Data and is incorporated by reference.

15.3 Data-Subject Rights

CodeNomad will assist Client in responding to data-subject requests and exercising individual rights under GDPR.

15.4 Data Security

CodeNomad implements appropriate technical and organizational measures to protect Personal Data against unauthorized access, alteration or destruction.

15.5 Data-Breach Notification

CodeNomad will notify Client of any Personal-Data breaches within 72 hours of becoming aware, as required by GDPR.

16. EU AI Act Compliance

16.1 AI-System Classification

The Services constitute a general-purpose AI system subject to EU AI Act transparency requirements.

16.2 Transparency Obligations

CodeNomad provides notice that content is AI-generated and maintains documentation regarding AI-system capabilities and limitations.

16.3 Risk Assessment

CodeNomad conducts ongoing risk assessments of the AI Services and implements appropriate risk-mitigation measures.

16.4 Client Obligations

Client is responsible for ensuring its use of AI-generated content complies with applicable laws and professional standards.

17. Force Majeure

Neither party shall be liable for delays or failures in performance due to causes beyond reasonable control, including natural disasters, war, terrorism, government actions, labor disputes or third-party service failures. If such event continues for more than 60 days, either party may terminate the Agreement with written notice.

18. Governing Law and Jurisdiction

This Agreement is governed by Dutch law. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands. In case of conflicts between language versions, the English version prevails.

19. General Provisions

  • Entire Agreement. These Terms constitute the entire agreement and supersede all prior understandings.
  • Amendment. May only be modified in writing signed by both parties or through CodeNomad’s standard update procedures.
  • Assignment. Client may not assign withoutCodeNomad’s consent; CodeNomad may assign to affiliates or in connection with a merger or sale.
  • Severability. If any provision is found invalid, the remaining provisions remain in effect.
  • Waiver. Failure to enforce any provision does not constitute a waiver; waivers must be in writing.
  • Survival. Payment, liability, indemnification and confidentiality provisions survive termination.
  • Notices. All notices must be sent to the email addresses associated with the parties’ accounts. Notices are effective when received.

Contact Information
CodeNomad
Email: legal@visiomake.com
KvK Number: 95085270

These Terms and Conditions have been filed with the Netherlands Chamber of Commerce and are effective as of 06/08/2025. By using the Services, Client acknowledges having read, understood and agreed to be bound by these terms.