Tetrik Early-Adopter Terms of Service

Status note. AmPhi Labs B.V. is in the process of being incorporated under Dutch law. Until KvK registration, the founders and the company-in-formation are jointly and severally liable for obligations entered into in the company's name (art. 2:203 BW). Upon registration, AmPhi Labs B.V. ratifies these Terms and assumes those obligations exclusively.

These Terms form a binding agreement between you or your organisation ("Customer") and AmPhi Labs governing the free early-adopter pilot of Tetrik. By creating an account, accepting a pilot invitation, or using the service you accept these Terms. If you accept on behalf of an organisation you confirm that you are authorised to bind it.

1. The Pilot

1.1 What you get. Access to the Tetrik web application and any APIs we make available, together with reasonable support by email during EU business hours.

1.2 Free of charge. No fee is payable during the pilot. We may introduce paid plans after the pilot ends; we will give you 30 days' written notice before any charges apply and you can decline by cancelling.

1.3 Pilot term. The pilot runs for 90 days from your access date and renews for additional 90-day terms unless either party terminates with 14 days' notice.

1.4 Beta nature. The service is provided as a beta offering. It may contain bugs, undergo breaking changes, or be unavailable for periods of maintenance. Do not rely on it as your sole source of truth for production logistics decisions without verification.

2. Account and acceptable use

2.1 You will keep credentials confidential, use the service only for lawful business purposes, and not:

• attempt to reverse-engineer, decompile or extract the underlying models;
• benchmark the service for publication without our prior written consent;
• upload malware, content infringing third-party rights, or anything that violates applicable law;
• use the service to build a directly competing product;
• exceed reasonable API rate limits or attempt to overload the service.

2.2 We may suspend access immediately if your use risks harm to the service or to other customers. We will tell you why as soon as reasonably possible.

3. Your data

3.1 Customer Data means the SKU catalogues, order data, and other content you upload.

3.2 Ownership. You retain all rights in Customer Data. We obtain only the limited rights needed to provide the service.

3.3 Processing. Where Customer Data contains personal data, we process it as processor under the Data Processing Agreement at tetrik.ai/legal/dpa, which is incorporated by reference.

3.4 Model improvement. We may use aggregated and anonymised data derived from Customer Data to improve Tetrik. We will not use identifiable Customer Data to train models for other customers without your separate written consent.

3.5 Return and deletion. On termination we delete Customer Data within 30 days unless retention is required by law. You may export your data at any time during the pilot using the in-app export or by request.

4. Intellectual property

4.1 Our IP. The Tetrik service, including all software, models, algorithms, designs and documentation, is and remains the property of AmPhi Labs (or its licensors). Nothing in these Terms transfers ownership.

4.2 Your IP. Customer Data remains yours.

4.3 Feedback. If you give us feedback or suggestions, we may use them without restriction or compensation.

4.4 Limited licence to you. Subject to these Terms, AmPhi Labs grants you a non-exclusive, non-transferable, revocable licence to use Tetrik during the pilot for your internal business purposes.

5. Confidentiality

5.1 Each party will protect the other's confidential information with at least the same care it uses for its own, and no less than reasonable care, and will use it only for the purposes of this agreement.

5.2 This obligation does not apply to information that is public, independently developed, lawfully received from a third party without confidentiality obligations, or required to be disclosed by law (in which case the receiving party will, where lawful, give prior notice).

5.3 Confidentiality survives termination for 3 years, and indefinitely for trade secrets.

6. Service levels, warranties and disclaimers

6.1 No SLA during pilot. We aim for high availability but do not commit to specific uptime or response times during the pilot.

6.2 As-is. To the maximum extent permitted by law and except as expressly stated, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

6.3 No guarantee of regulatory compliance. Tetrik can help you measure and reduce void space, but you remain responsible for your own compliance with the EU Packaging and Packaging Waste Regulation (PPWR, Regulation (EU) 2025/40) and any other applicable laws. Tetrik's outputs are decision-support, not legal advice.

6.4 Consumer rights. Nothing in these Terms excludes or limits any rights you have as a consumer that cannot be excluded under applicable mandatory law.

7. Liability

7.1 To the maximum extent permitted by law, neither party is liable for: loss of profits, revenue, business, anticipated savings, goodwill, or for any indirect or consequential loss.

7.2 Each party's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is capped at €1,000 during the free pilot.

7.3 Nothing in this clause limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct; or (d) any liability that cannot be limited under applicable mandatory law (including under Dutch law, art. 6:248(2) BW).

8. Indemnity

You will defend and indemnify AmPhi Labs against third-party claims arising from your unlawful use of the service or from Customer Data infringing third-party rights, subject to AmPhi Labs giving prompt notice and reasonable cooperation.

9. Term and termination

9.1 Termination for convenience. Either party may terminate with 14 days' written notice.

9.2 Termination for cause. Either party may terminate immediately on material breach not cured within 14 days, on the other party's insolvency, or where required by law.

9.3 Effect. On termination your access ends, we delete Customer Data per clause 3.5, and clauses 3 (data, including the DPA's survival terms), 4 (IP), 5 (confidentiality), 7 (liability), 11 (governing law) and any other clauses that by their nature should survive, survive.

10. Changes

We may update these Terms during the pilot. Material changes will be notified by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept, you may terminate before the change takes effect and clause 9.3 applies.

11. Governing law and jurisdiction

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

11.2 The courts of Amsterdam, the Netherlands have exclusive jurisdiction, except that AmPhi Labs may bring proceedings in any jurisdiction where you are established to enforce its intellectual-property rights or recover sums due.

11.3 If you are a consumer resident in the EU, EEA, UK or Switzerland, mandatory consumer-protection rules of your country of residence apply in addition.

12. Miscellaneous

12.1 Entire agreement. These Terms together with the Privacy Policy, DPA, and any order form constitute the entire agreement.

12.2 No assignment by Customer without our consent; AmPhi Labs may assign to an affiliate or in connection with a merger or sale of substantially all of its assets.

12.3 Force majeure. Neither party is liable for delay or non-performance caused by events beyond its reasonable control.

12.4 Notices. Notices to AmPhi Labs go to hello@tetrik.ai. Notices to you go to the email address on your account.

12.5 Severability. If any provision is unenforceable, the remainder remains in effect.

12.6 No waiver. Failure to enforce a right is not a waiver of it.

AmPhi Labs B.V. i.o. Email: hello@tetrik.ai Web: tetrik.ai