Terms of Service

These Terms of Service govern access to and use of the cajeX platform. They are entered into between cajeX ApS, a Danish private limited company (CVR no. 46387538) ("cajeX", "Provider", "we", "us"), and the organisation or individual identified in the order form, subscription, or account registration ("Customer", "you"). The Service is provided primarily on a business-to-business basis. By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1. Definitions

• "Service" means the cajeX AI-powered architecture governance platform, including the web application, APIs, AI Co-Worker, and related documentation.
• "AI Co-Worker" means the automated component of the Service that analyses architecture material and generates AI Output, using foundation models supplied by third-party providers.
• "Customer Data" means all documents, knowledge base content, directives, metadata, and other information uploaded to or generated within the Service by or on behalf of the Customer.
• "Directives" means the architecture standards, guardrails, patterns, and policies configured by the Customer within the Service.
• "AI Output" means recommendations, findings, summaries, drafts, or other content generated by the AI Co-Worker in response to Customer Data and Directives.
• "Workspace" means the logical tenant container in which a Customer's Users, Customer Data, and Directives are isolated.
• "User" means an individual authorised by the Customer to access the Service under the Customer's subscription.
• "DPA" means the Data Processing Agreement, which governs the processing of personal data on the Customer's behalf and forms part of these Terms.

2. Description of the Service

cajeX provides an architecture governance platform in which the AI Co-Worker analyses architecture material against Customer-supplied Directives. The Service may, among other things:

• Review architecture documents and designs.
• Assess alignment with the Customer's Directives.
• Identify risks, deviations, and improvement opportunities.
• Generate summaries, findings, and reports.

The Service is assistive. It does not replace professional architectural judgment, governance processes, or compliance validation. The Customer is solely responsible for all architectural decisions, governance outcomes, and determinations of regulatory or contractual compliance made in connection with the Service.

3. Account Registration and Customer Responsibilities

To use the Service, the Customer must create an account and provide accurate, complete, and current information. The Customer is responsible for:

• Maintaining the confidentiality of credentials and the security of any device used to access the Service.
• All activity that occurs under the Customer's account and Workspace.
• Promptly notifying us at security@cajex.ai of any unauthorised access or suspected compromise.
• Ensuring that all Users comply with these Terms and any applicable Workspace policies.
• Validating AI Output before relying on it for any decision, deliverable, or external communication.
• Ensuring that uploading Customer Data into the Service is lawful and does not infringe third-party rights or breach contractual confidentiality obligations owed to others.

4. Acceptable Use

The Customer and its Users agree not to:

• Use the Service for any unlawful purpose.
• Attempt to gain unauthorised access to any part of the Service, other Customers' Workspaces, or underlying infrastructure.
• Interfere with, disrupt, or place an unreasonable load on the Service.
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent that such restriction is prohibited by mandatory law.
• Use the Service to store or transmit malicious code or materials known to be harmful.
• Use AI Output, the Service, or any benchmark thereof to train, fine-tune, or develop competing AI models or services.
• Generate, distribute, or facilitate harmful, deceptive, discriminatory, or otherwise unethical content via the Service.
• Resell, sublicense, or redistribute the Service without our prior written consent.

We may suspend access to address material or repeated violations of this section, as further described in Section 13.

5. Customer Data and Ownership

As between the parties, the Customer retains all rights, title, and interest in Customer Data and Directives. We claim no ownership of them.

The Customer grants cajeX a limited, non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display Customer Data and Directives solely as required to deliver, support, secure, and improve the Service for the Customer for the duration of the subscription, plus any retention period reasonably necessary for backup, dispute resolution, or legal compliance.

We do not use Customer Data, Directives, or AI Output to train, fine-tune, or otherwise develop any generalised or third-party-shared AI models. We may use technical telemetry (such as request volumes, latency, error rates, and feature-use counts) and pseudonymised or truly anonymised operational data — that is, data which has been irreversibly stripped of identifiers in accordance with Article 4 GDPR "anonymisation" — for the purpose of operating, securing, debugging, and improving the Service.

Personal data within Customer Data is processed in accordance with the DPA.

6. AI Output and Its Limitations

The Customer acknowledges that:

• AI Output is probabilistic and may be incomplete, inaccurate, biased, or inconsistent across runs.
• AI Output is advisory only and does not constitute architectural, legal, regulatory, or compliance advice.
• The Service uses third-party foundation models, the behaviour, availability, and version of which may change.
• The Customer is responsible for independently reviewing and validating AI Output before relying on it.
• cajeX is not liable for decisions made or actions taken by the Customer or any third party on the basis of AI Output, subject to Section 14.

As between the parties, AI Output generated for the Customer in response to the Customer's inputs is owned by the Customer and may be used by the Customer for its own internal business purposes, subject to applicable law, these Terms, and any pass-through restrictions imposed by upstream foundation-model providers (including any prohibition on using outputs to develop competing models).

7. Service Availability, Security, and Support

We will use commercially reasonable efforts to make the Service available and to maintain industry-standard technical and organisational security measures, including encryption in transit and at rest, access controls, monitoring, and incident-response procedures, as further described in the DPA.

Support is provided in accordance with the Customer's subscription plan. Free-tier subscriptions are provided without any service-level commitment and may be modified or discontinued at our reasonable discretion.

The Service may be temporarily unavailable for scheduled maintenance, emergency security work, or events outside our reasonable control. We do not warrant that the Service will be uninterrupted or error-free.

8. Beta and Preview Features

We may from time to time offer features identified as "beta", "preview", "early access", or similar ("Beta Features"). Beta Features are provided as is, may change or be withdrawn at any time, are excluded from any service-availability commitment and from the warranties in Section 11, and are not recommended for production-critical use.

9. Subscription, Fees, and Payment

Fees, billing frequency, and any usage-based metering are defined in the Customer's subscription plan or order form. Unless otherwise agreed in writing:

• Fees are billed in advance on a monthly or annual basis.
• All fees are exclusive of VAT and other applicable taxes, which the Customer is responsible for paying.
• Paid fees are non-refundable except where required by mandatory law or expressly stated in these Terms.
• Usage in excess of the plan's included allowances may incur additional charges at the rates published or contractually agreed.
• Late payments may, after written notice and a reasonable cure period, result in suspension of access in accordance with Section 13.

We may adjust pricing from time to time. Any price increase for an existing paid subscription will take effect at the start of the next renewal term and only after we have given the Customer at least 30 days' prior notice. The Customer may decline a price increase by terminating the subscription before the new term begins, in which case the current term continues at the existing price through its scheduled end.

10. Confidentiality

Each party may receive Confidential Information of the other, meaning information disclosed in connection with the Service that a reasonable person would understand to be confidential. Each party agrees to use the other's Confidential Information only as necessary to perform under these Terms and to protect it with at least the same degree of care it uses to protect its own confidential information of like importance, and in any event with no less than reasonable care. Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law (in which case the receiving party will, where lawful, promptly notify the disclosing party). These obligations survive termination.

11. Intellectual Property

The Service, including all software, models, algorithms, interfaces, designs, documentation, and trademarks, is and remains the property of cajeX or its licensors, and is protected by intellectual-property laws. We grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term, solely for the Customer's internal business purposes and in accordance with these Terms. All rights not expressly granted are reserved. Section 6 governs ownership of Customer Data, Directives, and AI Output.

12. Third-Party Services and Subprocessors

The Service may interoperate with or rely on third-party services (including foundation-model providers, identity providers, payment processors, and integrations such as ServiceNow or Azure DevOps). cajeX is not responsible for the availability, terms, or data-handling practices of third-party services that the Customer chooses to connect or use. Use of such services is subject to their own terms. Subprocessors used by cajeX in delivering the Service are identified and managed in accordance with the DPA.

13. Suspension and Termination

We may suspend access to the Service, in whole or in part, on reasonable notice (or, where necessary to protect the integrity or security of the Service, immediately) if the Customer materially breaches these Terms, fails to pay undisputed fees when due, or if the Customer's use of the Service poses a security, legal, or operational risk.

Either party may terminate these Terms (a) for convenience at the end of the then-current subscription term, or (b) for material breach by the other party that is not cured within 30 days of written notice describing the breach.

Upon termination or expiry, the Customer's right to access the Service ceases. We will make Customer Data available for export for 30 days following termination. Thereafter, Customer Data will be deleted within a further 30 days, except for backups retained for a limited period in the ordinary course of business and any data we are required to retain by law. The DPA governs deletion or return of personal data.

14. Warranties and Disclaimers

We warrant that we will provide the Service with reasonable care and skill and that the Service will perform substantially in accordance with its then-current documentation.

Except as expressly set out in these Terms, and to the maximum extent permitted by law, the Service is provided as is and we disclaim all other warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty that the Service or AI Output will meet the Customer's requirements, be uninterrupted or error-free, or ensure compliance with any law or standard. Nothing in these Terms excludes or limits any warranty or liability that cannot be excluded or limited under mandatory Danish or EU law.

15. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or anticipated savings, arising out of or in connection with these Terms, even if advised of the possibility of such damages.

Each party's aggregate liability arising out of or in connection with these Terms shall not exceed the greater of (a) the fees paid or payable by the Customer to cajeX under these Terms in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand euros (EUR 1,000).

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, or any other liability that cannot be excluded or limited under mandatory Danish or EU law.

16. Indemnification

The Customer will defend and indemnify cajeX against third-party claims arising out of (a) Customer Data or Directives, including claims that they infringe third-party rights or were uploaded unlawfully, (b) the Customer's use of the Service in breach of these Terms, or (c) the Customer's reliance on AI Output without independent validation.

cajeX will defend and indemnify the Customer against third-party claims alleging that the Service, when used by the Customer in accordance with these Terms, infringes that third party's intellectual-property rights. This obligation does not apply to claims arising from (i) Customer Data, Directives, or instructions provided by the Customer; (ii) modification of the Service by anyone other than cajeX; (iii) use of the Service in combination with materials not supplied or recommended by cajeX where the claim would not have arisen but for the combination; or (iv) use of the Service after cajeX has notified the Customer of an alleged infringement and provided a remedy. If the Service becomes, or in cajeX's reasonable opinion is likely to become, the subject of an infringement claim, cajeX may, at its option and expense, (1) modify the Service so it is non-infringing, (2) procure the right for the Customer to continue using it, or (3) terminate the affected subscription and refund any prepaid fees attributable to the unused portion of the term.

Indemnification is conditional on the indemnified party giving prompt written notice of the claim, granting the indemnifying party sole control of the defence and settlement (provided no settlement may impose obligations on the indemnified party without consent), and providing reasonable cooperation. This Section sets out each party's sole and exclusive remedy for third-party intellectual-property claims relating to the Service.

17. Data Protection and Compliance

cajeX processes personal data in accordance with our Privacy Policy and the DPA, which governs processing carried out on the Customer's behalf and complies with the EU General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR"). The DPA forms an integral part of these Terms.

cajeX will comply with the EU AI Act (Regulation (EU) 2024/1689) to the extent and as the obligations applicable to it become legally effective. The Customer remains responsible for any obligations applicable to the Customer as a deployer of an AI system, including any required human oversight, workforce notice, or transparency disclosures within the Customer's organisation.

The Customer is responsible for ensuring that uploading Customer Data, configuring Directives, and using AI Output comply with all laws applicable to the Customer and with the Customer's own internal policies.

18. Force Majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, governmental action, internet or telecommunications failures, denial-of- service attacks, or failures of third-party infrastructure providers. The affected party will give prompt notice and use reasonable efforts to mitigate the impact.

19. Changes to the Service or These Terms

We may update the Service to add, modify, or remove features. We may update these Terms from time to time; we will provide reasonable advance notice of material changes by email or in-product notice. Continued use of the Service after the effective date of an update constitutes acceptance. If the Customer does not agree to a material change, the Customer's sole remedy is to terminate the subscription before the change takes effect, in which case any prepaid fees attributable to the unused remainder of the term will be refunded.

20. General

• Notices. Notices to cajeX must be sent to legal@cajex.ai. Notices to the Customer may be sent to the primary contact email associated with the Customer's account or delivered through the Service.
• Assignment. Neither party may assign these Terms without the other's prior written consent, except that either party may assign these Terms in their entirety to a successor in connection with a merger, acquisition, or sale of substantially all of its assets, on written notice to the other party.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, or employment relationship.
• Survival. Sections 1, 5 (with respect to rights accrued), 10, 11, 14, 15, 16, 17, and 21, together with any other provisions that by their nature should survive, will survive termination or expiry of these Terms.
• Entire agreement. These Terms, together with the DPA, the Privacy Policy, the Customer's subscription plan or order form, and any documentation expressly incorporated by reference, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements and understandings on that subject. In the event of conflict, an executed order form prevails over these Terms, and these Terms prevail over the documentation.

21. Governing Law and Disputes

These Terms are governed by the laws of Denmark, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The parties will first attempt in good faith to resolve any dispute through direct negotiation. Any dispute that cannot be resolved within 60 days will be subject to the exclusive jurisdiction of the City Court of Copenhagen (Københavns Byret) as court of first instance, without prejudice to any mandatory consumer protections that apply to a Customer who qualifies as a consumer under EU law.

22. Contact

For questions about these Terms, please contact:

cajeX ApS
CVR no. 46387538
Email: legal@cajex.ai