Terms of Service

1. About these Terms

1.1 These Terms of Service ("Terms") govern the use of n8v, an AI coding-agent platform. n8v is run by Immersive Investments B.V., a private limited liability company (besloten vennootschap) under Dutch law with its statutory seat in The Hague, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 85865958, trading as n8v ("n8v", "we", "us"). Correspondence address: Rua Barros Queiroz 20, 1100-076 Lisboa, Portugal.

1.2 The Terms apply to every offer, order and agreement under which we provide the Service. You accept them when you create an account, accept an invitation, start a trial or place an Order, whichever happens first.

1.3 These Terms are published at https://n8v.online/terms before you accept them, and you can save or print them from your browser. On request to [email protected] we email you a PDF copy of the version you accepted.

2. Definitions

"Admin" means an Authorised User with administrative rights for an account.

"Agreement" means these Terms together with any Order, the Acceptable Use Policy and the Data Processing Agreement.

"AI Output" means content that AI models or agents generate for you through the Service, including code, commits, branches, pull requests, messages and summaries.

"Authorised User" means an individual you allow to use the Service under your account, such as an employee or contractor.

"Credits" means prepaid n8v credits that can be used for AI model usage and other items shown on the Order Page.

"Customer", "you" means the business or professional that accepts these Terms.

"Customer Content" means all data that you or your Authorised Users provide to the Service or that the Service processes on your instructions, including source code, repositories, prompts, messages, files, voice recordings, environment variables, secrets, data from Third-Party Services, and AI Output.

"Order" means your choice of a plan, Credits or other paid items in the Service, or a signed order form.

"Order Page" means the plans, prices and rates shown in the Service at the time of your Order.

"Service" means the n8v platform, including the web app, iOS app, command-line interface (CLI), public API, agent-to-agent (A2A) endpoint, webhooks, integrations and the sandboxes in which agents run.

"Third-Party Service" means any product or service that we do not provide, including GitHub, Slack, Telegram, Plane, Gmail, MCP servers, AI model providers and the coding agents we support as integrations.

3. Business use only

3.1 The Service is for businesses and professionals only, including entrepreneurs, freelancers and sole traders. By accepting these Terms you confirm that you act in the course of your trade, business, craft or profession and not as a consumer.

3.2 If you accept on behalf of an organisation, you confirm that you are authorised to bind it. The organisation is then the Customer.

3.3 We may ask for your company registration or VAT number. We may refuse or end the Agreement if you do not act in a professional capacity.

3.4 If you tell us that you act professionally when you do not, you cannot rely on consumer protection rules against us to the extent the law allows.

4. Accounts, organisations and Authorised Users

4.1 You sign in to the Service with a GitHub account or another sign-in method we offer, such as a one-time link sent to your email address. You keep your login details confidential and tell us at [email protected] without delay if you suspect misuse.

4.2 Where the Service offers organisation accounts, an organisation account has one or more Admins. Admins invite and remove Authorised Users, set roles and permissions, manage connected services, billing and data, and can export or delete the organisation's Customer Content.

4.3 You are responsible for your Authorised Users. What they do in the Service, and what agents do on their instructions, counts as your use of the Service. You make sure they comply with the Agreement.

4.4 Each Authorised User needs their own seat. Seats and accounts are personal and may not be shared.

4.5 When an Authorised User leaves your organisation, an Admin removes their access. Tasks and Customer Content they created in the organisation account stay with the organisation.

5. Invitations and the Founding Edition trial

5.1 During the launch period, the Service is available by invitation only, with a limited number of seats. The Founding Edition has 20 seats. We decide whom we invite. Joining the waitlist does not give you a right to access.

5.2 Invitations, including numbered Founding Edition invitation cards (for example "N° 06 / 20"), are personal, can be used once and may expire. They may not be sold or transferred, but we can reassign one to someone else in your organisation on request. The number on a card shows its place in a limited series and gives no rights beyond those stated in the invitation.

5.3 A Founding Edition invitation gives one seat and a free trial of 30 days of the Pro plan from activation, with the usage limits stated in the invitation or shown in the Service. It includes EUR 50 in trial Credits; they have no cash value and expire when the trial ends. The trial is free and creates no payment obligation. We do not ask for payment details during the trial.

5.4 The trial does not turn into a paid subscription automatically. To continue after the trial, you must actively choose a paid plan and confirm the Order. If you do not, your access ends when the trial ends. We keep your Customer Content for 30 days after that, so you can convert or export it, and then delete it as described in section 25.

5.5 A Founding Edition invitation gives no benefits beyond those in this section and in the invitation itself.

5.6 We provide the trial as is. We may change or end the trial with 14 days' notice, or immediately in case of abuse.

5.7 Information under Article 31(3) of the EU Data Act: the trial is a non-production version of the Service for testing and evaluation for a limited period. The switching obligations in Chapter VI of the Data Act (Articles 23 to 30) therefore do not apply to it. You can still export your Customer Content at any time.

6. The Service

6.1 In the Service you give tasks to AI coding agents. Each task runs in an isolated cloud sandbox. Agents can clone the repositories you give them access to through our GitHub App, run code and tools, and create branches, commits and pull requests. You can also connect Third-Party Services and use the Service through the API, the A2A endpoint, webhooks, the CLI and the iOS app.

6.2 Sandboxes are temporary work environments. Your repository host, not the sandbox, is the system of record for your code. Sandboxes may not be used to host production services, run permanent servers or store data long-term.

6.3 Features marked as beta, preview or experimental are provided as is, may change or stop at any time and are not covered by any service level.

6.4 API keys and OAuth client credentials are confidential. You are responsible for all use of them. We may set rate limits. We give at least 30 days' notice before a breaking change to a stable API version, unless a faster change is needed for security or legal reasons.

7. Fees and payment

We do not sell paid plans or Credits yet. Sections 7 and 8 apply from your first Order.

7.1 The plans, prices and rates that apply are those on the Order Page at the time of your Order. A plan can include a number of sandbox compute hours per billing period; additional hours are charged at the rate on the Order Page. AI model usage is separate: you either connect your own provider account or key, or pay with Credits.

7.2 Prices exclude VAT and other taxes. If you are established in another EU Member State and give us a valid VAT number, VAT is reverse charged and our invoice says so. Customers established in the Netherlands pay Dutch VAT. Without a valid VAT number we may charge VAT as for a supply to a non-business customer.

7.3 We use Stripe to process payments. Subscription fees are charged in advance at the start of each billing period. Additional compute hours are charged monthly in arrears. Invoices are sent electronically. Payment is due on the invoice date when you pay by card, or within 14 days when we agree payment by invoice.

7.4 If you pay late, you owe statutory commercial interest (Article 6:119a of the Dutch Civil Code) from the due date, plus reasonable collection costs. We may suspend the Service for non-payment as described in section 16.

7.5 Please raise any objection to an invoice as soon as you can, preferably within 60 days. You pay the undisputed part on time.

7.6 We calculate usage from our metering records, which you can see in the Service. You can challenge them if you think they are wrong.

8. Credits

8.1 Credits are prepaid and used at the rates on the Order Page. You can see your balance in the Service. If you enable automatic top-up, we charge the amount you choose each time your balance falls below the threshold you choose.

8.2 Credits are valid for 12 months from purchase. They have no cash value and may not be transferred or resold.

8.3 We refund unused Credits only if: we end the Agreement for convenience or stop the Service; you end the Agreement after a rate increase under section 9.4; you end the Agreement because of our material breach; or the law requires a refund.

8.4 If your usage exceeds your balance because metering runs behind, we deduct the difference from your next top-up or invoice it.

9. Renewal, cancellation and price changes

9.1 Subscriptions run for monthly billing periods and renew automatically until cancelled.

9.2 You can cancel at any time in the Service or by email to [email protected]. Cancellation takes effect at the end of the current billing period. We do not refund fees for the current period, except where these Terms say otherwise.

9.3 We may change prices with at least 30 days' notice by email. The new price applies from the first billing period that starts after the notice period. If you do not agree, you can cancel before the change takes effect and you will not be charged the new price. Price decreases may apply immediately.

9.4 Rates for Credits change in the same way. If you do not accept a rate increase, you may end the Agreement before it takes effect and we refund your unused Credits.

10. Your content

10.1 You keep all rights in your Customer Content. We claim no ownership of it.

10.2 You give us a non-exclusive, royalty-free licence, for the term of the Agreement and the retrieval period in section 25, to host, copy, transmit, process and display Customer Content, but only as needed to provide, secure and support the Service, to follow your instructions (including sending content to AI model providers and Third-Party Services you use) and to comply with the law. We may pass this licence on to our subprocessors for the same purposes only.

10.3 You are responsible for having the rights and permissions needed for your Customer Content and for its lawfulness.

10.4 If you share a task (for example through a link or with people who have access to the repository), everyone with access can see it.

10.5 We may use data about how the Service is used, excluding Customer Content, to operate, secure, bill and improve the Service. We may publish or use aggregated statistics that do not identify you or any individual.

10.6 If you give us feedback or suggestions, we may use them without obligation to you.

11. AI Output

11.1 As between you and us, AI Output belongs to you. We transfer to you any rights we may have in AI Output, to the extent such rights exist.

11.2 AI Output is generated automatically. It may be wrong, incomplete or insecure, and it may resemble code or other material of third parties, including open-source code under licence conditions. Similar output may be generated for other customers.

11.3 You review and test AI Output before you merge, deploy or otherwise rely on it, including checks for security and licence compliance. We recommend branch protection and required reviews on your production branches, and we advise against giving agents credentials that allow irreversible actions in production systems.

11.4 Agents act within the permissions you give them, in sandboxes and in the Third-Party Services you connect. You decide what they may do.

11.5 Commits created through the Service carry a machine-readable co-author line that identifies our GitHub App. If you publish AI Output, you are responsible for any disclosure obligations that apply to you, for example as a deployer under Article 50 of the EU AI Act.

11.6 AI Output is not legal, financial, security or other professional advice.

12. No training on your content

12.1 We do not use Customer Content, including AI Output, to train or fine-tune AI models.

12.2 When you pay with Credits, OpenAI, Anthropic and Google process your content under our API agreements with them, which exclude training on it. Models reached through OpenRouter are served by the upstream provider that OpenRouter selects, under that provider's terms; we do not yet restrict OpenRouter to providers that exclude training, so use your own provider account or key for content you do not want to reach them.

12.3 When you connect your own provider account or key, that provider's terms and your settings with that provider apply.

12.4 Experimental third-party models are only available after you explicitly enable them. Their operators may keep or use prompts and outputs. Sections 12.1, 12.2 and 17 and the Data Processing Agreement do not apply to content you send to such models.

13. Third-Party Services and provider accounts

13.1 Third-Party Services are provided by others under their own terms. We are not responsible for them, their availability or their changes.

13.2 You are responsible for having the right to connect each account, key or service, and for complying with its terms and usage policies. This includes restrictions that some providers place on using the credentials of their consumer subscription plans in or through other products or services.

13.3 We may refuse, suspend or disable a connection or authentication method if we reasonably believe that it breaches the provider's terms or policies, if the provider requires this or restricts access, or for security reasons. We tell you why, in advance where we can.

13.4 We are not liable for measures a provider takes against you because of how you use its service (such as suspension, rate limits or charges), unless they are caused by our breach of the Agreement.

13.5 If you use your own provider account or key, the provider is your vendor, and fees and limits are between you and the provider. If you pay with Credits, we contract with the provider and it acts as our subprocessor.

13.6 The agents and models we offer may change, for example when a provider retires a model. We will try to tell you in advance when we remove one.

14. Acceptable use

14.1 Our Acceptable Use Policy is part of the Agreement.

14.2 Security testing of the Service is only allowed under our responsible disclosure policy.

15. Illegal content notices and complaints

15.1 Our single point of contact for users is [email protected]. Authorities of EU Member States, the European Commission and the European Board for Digital Services can reach us at [email protected]. We communicate in English and Dutch.

15.2 Anyone can notify us of content in the Service that they consider illegal, by email to [email protected]. Please include why you consider it illegal, where exactly it is (for example a URL or task link), your name and email address (optional for notices about child sexual abuse material) and a statement that you believe in good faith that the notice is accurate and complete. We confirm receipt, decide diligently and tell you what we decided.

15.3 We do not monitor Customer Content proactively. We act on notices, on legal orders and on automated signals such as rate limits and abuse detection. A person at n8v makes decisions to remove content or suspend an account.

15.4 If we restrict your content or account because we consider content illegal or in breach of the Agreement, we give you a clear statement of reasons, with the facts, the grounds and the ways to challenge the decision.

15.5 You can challenge such a decision within six months by replying to the statement of reasons or writing to [email protected]. We review it and tell you the outcome. You can always go to court.

16. Suspension

16.1 We may suspend all or part of the Service for you if:

1. you or your Authorised Users seriously breach the Agreement or the Acceptable Use Policy;

2. your use poses a security risk to the Service, other customers or third parties;

3. an invoice remains unpaid 14 days after we sent you a reminder;

4. a court, authority or the law requires it; or

5. a Third-Party Service connection breaches the provider's terms (section 13.3).

   16.2 We limit the suspension to what is needed. We first suspend a single integration, agent or sandbox where that is enough.

   16.3 We tell you in advance where reasonable, and otherwise as soon as possible afterwards, with a statement of reasons.

   16.4 We lift the suspension as soon as its cause is resolved. Fees remain payable during a suspension caused by you.

17. Confidentiality

17.1 Each party keeps confidential the information it receives from the other that is marked as confidential or that it should reasonably understand to be confidential. Customer Content is always confidential. The receiving party uses such information only to perform the Agreement and shares it only with people and subprocessors who need it and are bound by similar obligations.

17.2 This does not apply to information that is or becomes public without fault of the receiving party, that the receiving party already had or developed independently, or that it received lawfully from a third party without a duty of confidentiality.

17.3 A party may disclose confidential information where the law or a court requires it. It informs the other party first, where allowed, and limits the disclosure to what is required.

17.4 These obligations last during the Agreement and for five years afterwards, and for trade secrets and Customer Content for as long as they remain confidential.

18. Data protection

18.1 Our privacy notice explains how we process personal data as a controller.

18.2 When we process personal data on your behalf, we do so as your processor under the Data Processing Agreement, which is part of the Agreement.

19. Security

19.1 We maintain the security measures described in our security overview and in Annex III of the Data Processing Agreement.

19.2 You are responsible for your side: keep credentials secure, enable two-factor authentication on GitHub, install our GitHub App only on the repositories agents need, give agents scoped and revocable secrets, and tell us at [email protected] without delay if you suspect a compromise.

20. Availability, maintenance and support

20.1 During the invite-only period, no service level applies. We make reasonable efforts to keep the Service available and to fix faults.

20.2 We announce planned maintenance that causes material downtime at least 48 hours in advance. We may carry out urgent maintenance at any time.

20.3 Support is available by email at [email protected], in English or Dutch, on Dutch business days. We aim to respond within 2 business days.

20.4 Paid plans may include service levels after general availability, as described on the Order Page.

21. Warranties

21.1 Each party warrants that it has the authority to enter into the Agreement.

21.2 We provide the Service with reasonable care and skill, and paid plans materially as described in our documentation. If the Service does not meet this, we will fix it within a reasonable time. If we cannot, you may end the affected paid plan and we refund prepaid fees for the period in which it did not meet this warranty.

21.3 Trials and beta, preview or experimental features are provided as is.

21.4 You warrant that you have the rights to your Customer Content and to the accounts you connect, that you comply with applicable law, including sanctions and export control laws, and that you use the Service for professional purposes.

21.5 To the extent the law allows, we give no other warranties. We do not guarantee that the Service will be uninterrupted or error-free, or that AI Output will be correct or fit for a particular purpose.

22. Limitation of liability

22.1 Nothing in the Agreement limits or excludes liability for damage caused by the intent or deliberate recklessness (opzet of bewuste roekeloosheid) of a party or its management, for death or personal injury, or any other liability that cannot be limited under applicable law.

22.2 Neither party is liable for indirect or consequential damage. This includes lost profits, lost revenue or savings, business interruption, loss of goodwill, and loss or corruption of data, except the reasonable costs of restoring data from your own backups or repositories.

22.3 Each party's total liability for all claims arising out of or in connection with the Agreement in any period of 12 consecutive months is limited to the greater of: (a) the fees you paid or owed for the Service in the 12 months before the event that caused the damage; and (b) EUR 2,500. This cap also applies during a free trial and to the indemnities in section 23. It does not apply to your obligation to pay fees.

22.4 Our liability for a failure to perform only arises after you have given us written notice of default with a reasonable period to remedy the failure, and we have not remedied it within that period, unless remedy is impossible.

22.5 A claim for damages lapses if the claiming party has not notified the other party of it in writing within 12 months after becoming aware of the damage.

22.6 We are not liable for damage caused by AI Output that you used without review, or by Third-Party Services, unless the damage is caused by our breach of the Agreement.

23. Indemnities

23.1 We defend you against claims by third parties alleging that the Service, as we provide it, infringes their intellectual property rights, and we pay the damages and costs finally awarded or agreed in a settlement we approve. This does not cover AI Output, Customer Content, Third-Party Services, open-source components used under their licences, combinations with items we did not supply, changes we did not make, or use in breach of the Agreement. If such a claim arises or is likely, we may modify the Service, obtain a licence, or end the affected part of the Service and refund prepaid fees for it.

23.2 You defend us against claims by third parties arising from your Customer Content, from a breach of the Acceptable Use Policy or the law by you or your Authorised Users, or from your use of Third-Party Services in breach of their terms, and you pay the damages and costs finally awarded or agreed in a settlement you approve.

23.3 The indemnified party informs the other party of the claim promptly, lets it conduct the defence and settlement, and gives reasonable help at its cost. The indemnifying party does not settle a claim in a way that imposes obligations on the other party without its consent, which it may not unreasonably withhold.

23.4 The indemnities are subject to section 22.

24. Term and termination

24.1 The Agreement starts when you accept these Terms and continues until it ends under this section.

24.2 You may end the Agreement at any time by cancelling your subscriptions (section 9.2) and closing your account, or with a switching request (section 25).

24.3 We may end the Agreement for convenience with 30 days' notice. We then refund prepaid fees for the period after the end date and your unused Credits.

24.4 Either party may end the Agreement with immediate effect by written notice if the other party materially breaches it and does not remedy the breach within 14 days after a written notice describing it, or, to the extent insolvency law allows, if the other party is declared bankrupt, is granted a suspension of payments or ceases its business.

24.5 When the Agreement ends, access to the Service ends and section 25 applies. Payment obligations for the period before the end remain. Sections that by their nature should continue, such as 10.5, 11, 17, 22, 23, 25 and 33, survive.

25. Data export, switching and deletion

25.1 You can export your Customer Content at any time during the Agreement. Tasks and their messages are available through the public API. For everything else listed in 25.7, write to [email protected] and we provide an export within 30 days. Your code, branches, commits and pull requests are in your own repositories.

25.2 Switching. You may ask us at any time, in the Service or by email to [email protected], to help you switch to another provider, move to your own infrastructure, or erase your data. No notice period applies to this request; you can start at once.

25.3 After your request, a transitional period of at most 30 calendar days applies. During it, the Agreement continues on its existing terms, and we:

1. give reasonable help to you and to third parties you authorise;

2. keep providing the Service with due care, to protect continuity;

3. tell you clearly about known risks to continuity; and

4. keep a high level of security, including during transfer.

   25.4 If 30 days is technically not feasible, we tell you within 14 working days after your request, explain why and propose an alternative period of at most seven months. You may extend the transitional period once, for a period you consider appropriate.

   25.5 The Agreement ends when the switching process has been completed successfully, or, if you only want your data erased, when you tell us so. We confirm the end in writing.

   25.6 After the transitional period, and after any other end of the Agreement, you have a retrieval period of at least 30 calendar days to retrieve your data, unless you asked us only to erase it. After the retrieval period we erase all exportable data and digital assets that you generated or that relate directly to you, as described in section 9 of the Data Processing Agreement.

   25.7 Exportable data covers: tasks and their prompts, messages, agent outputs and event history; attachments and voice transcripts; agent session files; automations, workflow definitions, skills and settings; environment configuration, including the values of your environment variables and secrets on your authenticated request; the configuration of your connected services and MCP servers (without our own application credentials); usage records and invoices; and your account and organisation data.

   25.8 Excluded, because it would reveal our trade secrets: our internal system prompts, agent orchestration and model routing logic, and abuse detection signals. This exclusion does not delay or hinder switching. We do not provide data where doing so would compromise the security or integrity of the Service.

   25.9 The public API, its data structures and its JSON format are described at https://docs.n8v.online/docs/api. Exports on request come in JSON, with files in their original format, and with a description of their structure. We keep this information up to date.

   25.10 We do not charge any switching or data export fees, and there are no early termination penalties.

   25.11 Information on the jurisdiction of our infrastructure and on our measures against unlawful governmental access to non-personal data is published at https://n8v.online/subprocessors and https://n8v.online/security.

26. Changes to the Service and to these Terms

26.1 We develop the Service continuously and may change it. If a change materially reduces functionality you pay for, we tell you at least 30 days in advance and you may end the Agreement before the change takes effect, with a refund of prepaid fees for the remaining period and of your unused Credits.

26.2 We may change these Terms with at least 30 days' notice by email to your Admins and in the Service. If you do not agree, you may end the Agreement before the change takes effect, with the same refund. If you continue to use the Service after that date, the new Terms apply.

26.3 Changes required by law, or needed to address a security risk, may take effect sooner. We then give as much notice as we can.

27. Your purchase terms do not apply

The applicability of your general terms and conditions, including purchase conditions, however named, is expressly rejected (Article 6:225(3) of the Dutch Civil Code). They only apply if we agree to them in a document signed by an authorised representative of n8v.

28. Assignment

28.1 You may not transfer the Agreement without our written consent.

28.2 We may transfer the Agreement to a group company or to a successor as part of a transfer of all or part of our business. We tell you in advance, and you may end the Agreement within 30 days after our notice, with a refund of prepaid fees and unused Credits.

29. Force majeure

29.1 Neither party is liable for a failure caused by circumstances beyond its reasonable control, such as natural disasters, war, terrorism, epidemics, government measures, general failures of the internet or power supply, and outages at the hosting, sandbox or AI model providers we use that we could not reasonably prevent or work around. This does not apply to payment obligations.

29.2 The affected party informs the other promptly. If the situation lasts more than 60 days, either party may end the Agreement in writing, and we refund prepaid fees for the period after the end date and unused Credits.

30. Notices

30.1 We send notices to the email address of your account owner or Admins, or show them in the Service. You keep these addresses current.

30.2 You send notices to [email protected], or by post to the address in section 34.

31. Apps and open-source components

31.1 We give you a non-exclusive, non-transferable licence to install and use our iOS app and CLI to access the Service during the Agreement.

31.2 Open-source components included in the Service or our apps are licensed under their own licences, which take precedence for those components.

31.3 If you download our iOS app from Apple's App Store: these Terms are between you and us, not Apple; Apple has no obligation to provide maintenance or support for the app; if the app fails to conform to a warranty, you may notify Apple, which will refund any purchase price, and Apple has no other warranty obligation; we, not Apple, are responsible for claims relating to the app and for intellectual property claims about it; you confirm that you are not located in a country subject to a US government embargo and are not on a US list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of this section 31.3 and may enforce it.

32. General

32.1 The Agreement is the entire agreement between the parties about the Service and replaces earlier agreements and statements about it.

32.2 If documents conflict, this order applies: the Data Processing Agreement (for personal data), the Order, these Terms, the Acceptable Use Policy, our documentation.

32.3 If a provision is invalid, the rest remains in force, and the parties replace the invalid provision with a valid one that comes as close as possible to its purpose.

32.4 Not enforcing a right is not a waiver of it.

32.5 The parties are independent contractors. Except for section 31.3 and the rights of data subjects under the Data Processing Agreement, the Agreement gives no rights to third parties.

32.6 We will not use your name or logo in our marketing without your prior written consent.

32.7 These Terms are written in English. If we provide a translation, the English version prevails.

32.8 Our electronic records of your acceptance and of Orders count as evidence, and you can provide evidence to the contrary.

33. Governing law and courts

33.1 Dutch law governs the Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

33.2 The competent court in the Netherlands has exclusive jurisdiction over disputes arising from or relating to the Agreement. Either party may ask any competent court for interim relief.

34. Contact

• Legal notices: [email protected]
• Support: [email protected]
• Privacy: [email protected]
• Security: [email protected]
• Post: Immersive Investments B.V., Rua Barros Queiroz 20, 1100-076 Lisboa, Portugal