شروط الخدمة

Last updated: 30 July 2026

Effective date: 30 July 2026

Operator: DataDiwan, Y-tunnus 3641767-6, Pakkamestarinkatu 1 F 94, 00520 Helsinki, Finland ("DataDiwan", "we", "us")

Contact: support@datadiwan.com

PLEASE READ THESE TERMS CAREFULLY. By creating an account, accessing, or using DataDiwan OS (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms are governed by the laws of Finland. If you are a consumer (kuluttaja) resident in the European Union, mandatory consumer protection provisions of your country of residence may also apply.

DataDiwan operates as a private sole proprietorship (yksityinen elinkeinonharjoittaja / toiminimi) under Finnish law. The proprietor is personally liable for all business obligations to the extent required by mandatory law.

1. Definitions

"Account" means your registered user account on the Service.
"AI Directors" or "Agents" means the artificial intelligence systems operating within the Service (Sami / Chief of Staff coordinating Leena, Mikko, Noora, Aino, and Olli).
"Company Memory" means the business profile, services, ICP, and other data you provide to configure the AI Directors.
"Content" means all data, text, images, or other materials you upload, input, or generate through the Service.
"Customer Data" means all personal data and business data you process through the Service, including data about your leads, prospects, and clients.
"Subscription" means the paid plan you select, billed on a recurring basis.
"User" or "you" means the individual or entity using the Service.
"Workspace" means the isolated environment within the Service associated with your Account.

2. Service Description

2.1 What DataDiwan OS Provides

DataDiwan OS is an AI-powered business operating system that assists with:

Sales lead qualification and proposal drafting (Sales Agent)
Project and delivery tracking (Delivery Agent)
Invoice drafting and billing workflow (Finance Agent)
Marketing content generation (Marketing Agent)
Business development and prospect research (BD Agent)

2.2 Human-in-the-Loop Architecture

Critical feature: DataDiwan OS is designed as a decision-support and drafting tool. AI Directors do not take customer-facing actions autonomously. All proposals, invoices, emails, and published content require your explicit approval before transmission. The Service creates drafts (e.g., Gmail drafts, QuickBooks invoice drafts) that you must review and send manually from your own accounts.

2.3 AI Transparency

You acknowledge that:

Outputs are generated by artificial intelligence systems and may contain errors, inaccuracies, or hallucinations.
AI-generated content does not constitute professional legal, financial, tax, or business advice.
You are solely responsible for reviewing, verifying, and approving all outputs before use.
We do not guarantee that AI-generated proposals will result in sales, that scored prospects will convert, or that drafted content will achieve any specific business outcome.

3. Account Registration and Security

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract. If registering on behalf of an entity, you represent that you have authority to bind that entity.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep it updated. You may not use false identities or impersonate others.

3.3 Authentication Methods

You may access your Account using:

Email and password — you are responsible for maintaining password confidentiality
Google Sign-In (OAuth) — authentication is handled by Google; we do not store your Google password

We strongly recommend using a strong, unique password for your Account. You are responsible for all activities under your Account regardless of authentication method used.

3.4 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your Account. You must:

Use a strong, unique password (minimum 12 characters recommended)
Notify us immediately of any unauthorized access: support@datadiwan.com
Log out from shared or public devices

We are not liable for losses caused by your failure to maintain Account security or by unauthorized access resulting from compromised third-party credentials (e.g., Google account breach).

4. Subscription, Billing, and Cancellation

4.1 Subscription Plans

The Service is offered on a subscription basis. Plan features, limits (e.g., agent run quotas), and pricing are described on our pricing page and may be updated from time to time.

4.2 Pricing and VAT

All fees are quoted in Euros (EUR).
We are not VAT-registered. No value-added tax (ALV / VAT) is added to prices. If we register for VAT in the future, prices will be updated accordingly.
Finnish and EU VAT rules apply to business customers with valid EU VAT IDs as required by law.

4.3 Billing

You authorize us to charge your payment method for all applicable fees.
Subscriptions automatically renew for successive periods unless cancelled.
Payment is processed through Stripe. We do not store full payment card details.

4.4 Automatic Renewal and Reminders

Your Subscription renews automatically at the end of each billing period.
We will send a renewal reminder by email at least 24 hours before each renewal.
You may cancel automatic renewal at any time through Account settings or by emailing support@datadiwan.com.

4.5 Cancellation

You may cancel your Subscription at any time through Account settings or by emailing support@datadiwan.com. Cancellation takes effect at the end of the current billing period. No prorated refunds for partial months unless required by mandatory consumer protection law.

4.6 Free Trials

If offered, free trials convert to paid Subscriptions automatically unless cancelled before the trial ends. We may charge a nominal authorization hold during the trial.

4.7 Price Changes

We may modify subscription fees with 30 days' advance notice. Continued use after the change constitutes acceptance.

5. Consumer Protection and Right of Withdrawal

5.1 Applicability

If you are a consumer (kuluttaja) — meaning a natural person acting for purposes outside your trade, business, craft, or profession — the following provisions apply in addition to the rest of these Terms.

5.2 Pre-Contract Information

Before you enter into a Subscription, we provide the following information as required by the Finnish Consumer Protection Act (Kuluttajansuojalaki 38/1978) and EU Consumer Rights Directive (2011/83/EU):

The main characteristics of the Service
Total price including all taxes (no VAT applies currently)
Identity and address of the service provider: DataDiwan, Y-tunnus 3641767-6, Pakkamestarinkatu 1 F 94, 00520 Helsinki, Finland
The duration of the contract and conditions for termination
Information about the right of withdrawal (see below)
Available complaint mechanisms

5.3 Right of Withdrawal (14 Days)

As a consumer, you have a 14-day right of withdrawal from distance contracts. The withdrawal period begins on the day the contract is concluded (i.e., when you subscribe).

To exercise your right of withdrawal, notify us by:

Email: support@datadiwan.com
Postal mail: DataDiwan, Pakkamestarinkatu 1 F 94, 00520 Helsinki, Finland

You may use the standard EU withdrawal form below, but any clear statement of your decision to withdraw is sufficient.

5.4 Standard Withdrawal Form

To: DataDiwan, Pakkamestarinkatu 1 F 94, 00520 Helsinki, Finland
Email: support@datadiwan.com

I hereby give notice that I withdraw from my contract of sale / for the supply of the following service:

Service: DataDiwan OS [plan name]
Ordered on: [date]
Name: [your name]
Address: [your address]
Email: [your email]

Date: _______________
Signature: _______________ (only if sent by paper)

5.5 Effects of Withdrawal

If you withdraw, we will reimburse all payments received from you within 14 days of receiving your withdrawal notice. Reimbursement will be made using the same payment method you used for the original transaction, unless you expressly agree otherwise.

5.6 Early Service Use and Proportional Charges

If you have expressly requested that the Service begin during the withdrawal period and we have confirmed this, you remain liable to pay a proportionate amount for the service actually supplied until you notified us of your withdrawal. The proportionate amount is calculated based on the total price of the Subscription.

5.7 B2B Exception

Business customers (acting in the course of their trade, business, craft, or profession) do not have a statutory right of withdrawal. Cancellation is governed by Section 4.5 above.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful business purposes consistent with these Terms.

6.2 Prohibited Conduct

You may not:

Use the Service to process personal data in violation of GDPR or other applicable data protection laws
Input sensitive personal data (special categories under GDPR Article 9) without adequate legal basis and safeguards
Use AI-generated content for fraudulent, deceptive, misleading, or illegal purposes
Attempt to reverse-engineer, decompile, or extract the underlying AI models
Circumvent approval workflows to auto-send customer-facing communications
Upload malware, viruses, or harmful code
Scrape, crawl, or use automated means to access the Service outside of provided APIs
Resell, sublicense, or commercially exploit the Service without written consent
Use the Service to generate spam, unsolicited bulk communications, or harassing content
Process data on behalf of third parties without proper data processing arrangements

6.3 Enforcement

We reserve the right to suspend or terminate Accounts violating this policy, with or without notice. We may report illegal activity to relevant authorities.

7. Intellectual Property

7.1 Our IP

DataDiwan OS, its code, designs, trademarks, and AI systems are our exclusive property or licensed to us. These Terms do not grant you any license to our IP except as necessary to use the Service.

7.2 Your Content

You retain ownership of your Customer Data and Company Memory. You grant us a limited, non-exclusive, royalty-free license to process your Content solely to provide and improve the Service.

7.3 AI-Generated Outputs

Subject to your compliance with these Terms, we assign to you all rights, title, and interest in AI-generated outputs (proposals, content drafts, research notes) created within your Workspace, to the extent assignable under applicable law. You are responsible for ensuring such outputs do not infringe third-party rights.

7.4 Feedback

You may provide suggestions or feedback. We may use this without restriction or compensation.

8. Data Protection and GDPR

8.1 Roles

For your own Account data: We are the data controller.
For Customer Data you upload about your leads/clients: You are the data controller; we act as your data processor under GDPR Article 28.

8.2 Data Processing Agreement

Our Data Processing Agreement (DPA), available at https://app.datadiwan.com/en/dpa (or on request at support@datadiwan.com), governs our processing of Customer Data on your behalf. By using the Service, you agree to the DPA terms.

8.3 Your Responsibilities as Controller

You warrant that:

You have a lawful basis to process all Customer Data you upload
You have provided necessary privacy notices to data subjects
You have obtained required consents or authorizations
Your processing instructions to us comply with applicable law

8.4 Subprocessors

We use third-party subprocessors as listed at https://app.datadiwan.com/en/subprocessors (or on request at support@datadiwan.com). We remain liable for their actions. Our current infrastructure providers include Fly.io (application hosting), Vercel (web hosting), Supabase (database and authentication), Upstash (cache and queue), Google Cloud / Vertex AI (production AI inference), Stripe (payments), and Langfuse (observability).

9. Confidentiality

9.1 Definition

"Confidential Information" means non-public business, technical, or financial information disclosed by either party.

9.2 Obligations

Each party agrees to:

Protect Confidential Information with at least the same care as its own
Not disclose to third parties without prior written consent
Use Confidential Information solely to perform under these Terms

9.3 Exclusions

Confidential Information does not include information that: (a) is publicly available; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law.

10. Disclaimers and Limitation of Liability

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED OUTPUTS.

10.2 AI-Specific Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We do not warrant that AI-generated proposals, content, invoices, or research will be accurate, complete, lawful, or suitable for your specific business context.
We are not responsible for business decisions you make based on AI outputs.
We are not liable for losses arising from your reliance on AI-scored prospects or AI-drafted communications.
We do not guarantee that the Service will meet your specific revenue, sales, or operational goals.

10.3 No Professional Advice

The Service does not provide legal, accounting, tax, or investment advice. Consult qualified professionals for such matters.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY FINNISH LAW:

Our total aggregate liability arising from or relating to these Terms shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility.

Nothing in these Terms limits liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded under mandatory Finnish or EU consumer protection law

10.5 Toiminimi-Specific Notice

DataDiwan operates as a sole proprietorship (toiminimi) under Finnish law. Under Finnish law, the proprietor of a toiminimi has unlimited personal liability for business debts and obligations. Our liability limitations in Section 10.4 apply to DataDiwan as the service provider; they do not affect the proprietor's personal liability under mandatory Finnish law. Business customers acknowledge this structure when entering into contracts with us.

11. Indemnification

You agree to indemnify, defend, and hold harmless DataDiwan and its representatives from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service in violation of these Terms
Your Customer Data infringing third-party rights
Your failure to obtain necessary consents or legal basis for processing personal data
Your reliance on AI outputs that cause harm to your business or third parties
Your breach of applicable laws or regulations

12. Term and Termination

12.1 Term

These Terms commence when you create an Account and continue until terminated.

12.2 Termination by You

You may terminate at any time by cancelling your Subscription and deleting your Account.

12.3 Termination by Us

We may suspend or terminate your access:

For material breach of these Terms (with 14 days' cure period where curable)
If required by law or regulatory order
If continued provision would violate our legal obligations
For non-payment after two reminders

12.4 Effect of Termination

Upon termination:

Your right to access the Service ceases immediately
We will delete your Account data within 30 days, except where retention is required by law
You remain liable for all fees incurred prior to termination
Sections 7, 9, 10, 11, 13, 14, and 15 survive termination

12.5 Data Export

Before termination, you may export your data using built-in export features. After Account deletion, data recovery is not guaranteed.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Finland, without regard to conflict-of-law principles.

13.2 Consumer Disputes (Kuluttajariitalautakunta)

If you are a consumer (kuluttaja) resident in Finland or the EU:

You may bring disputes before the Finnish Consumer Disputes Board (Kuluttajariitalautakunta, www.kuluttajariita.fi)
EU consumers may also use the EU Online Dispute Resolution platform: https://ec.europa.eu/odr
Mandatory consumer protection provisions of your country of residence apply and cannot be overridden by these Terms.

13.3 Business Disputes

For disputes between businesses (yritykset):

The parties shall first attempt to resolve disputes through good-faith negotiation.
Failing resolution within 60 days, disputes shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki. The language shall be English or Finnish.
Alternatively, either party may bring claims in the competent courts of Helsinki, Finland.

13.4 Injunctive Relief

Either party may seek injunctive relief in any competent court to prevent irreparable harm.

14. General Provisions

14.1 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

14.3 Waiver

Our failure to enforce any right does not constitute a waiver.

14.4 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, DPA, and Subprocessor List, constitute the entire agreement between you and DataDiwan concerning the Service.

14.5 Force Majeure

Neither party is liable for failures caused by circumstances beyond reasonable control (e.g., natural disasters, wars, internet outages, third-party API failures, including but not limited to Gmail, QuickBooks, Google Calendar, Slack, WhatsApp Cloud API, Stripe, or LLM provider outages).

14.6 Language

These Terms are drafted in English. In case of conflict with a translated version, the English version prevails. A Finnish translation is available upon request.

15. AI Act Compliance Notice

In accordance with EU Regulation 2024/1689 (Artificial Intelligence Act):

1. Transparency: You are informed that DataDiwan OS uses AI systems to generate business recommendations, draft communications, and analyze data. Our production AI inference is provided by Google Cloud Vertex AI (Gemini models). Development and testing may use Anthropic Claude models with synthetic data only.

2. Human Oversight: The Service is designed with human-in-the-loop controls. You maintain final decision authority over all outputs.

3. Risk Classification: DataDiwan OS is intended as a general-purpose business support tool. It is not classified as a prohibited or high-risk AI system under the AI Act for typical B2B use cases. However, if you use the Service for employment decisions, credit scoring, or other high-risk applications, you bear responsibility for ensuring compliance with applicable AI Act obligations.

4. Accuracy: While we strive for quality, AI outputs may contain errors. You must verify all outputs before relying on them for significant business decisions.

16. Contact

For questions about these Terms, contact:

Email: support@datadiwan.com

Postal: DataDiwan, Pakkamestarinkatu 1 F 94, 00520 Helsinki, Finland

Response time: Within 2 business days