Terms of Service

Article 1 — Definitions

In these Terms of Service, the following terms shall have the meanings set out below:

1.1 Platform: the multi-tenant SaaS platform of Identity First Media, accessible via identityfirstmedia.com and its associated subdomains, through which Tenants can build a personal online presence based on an identity profile.

1.2 IFM: Identity First Media, registered at Princentuin 2, 4813 CZ Breda, The Netherlands.

1.3 Tenant: the natural or legal person who enters into a Subscription for the Platform and thereby obtains a dedicated environment (tenant account).

1.4 End User (Customer): the natural person who uses the services of a Tenant via the Platform.

1.5 Content: all texts, images, audio, video, emails, courses, blogs, podcasts, social media posts and other materials generated by the Tenant or by the Platform (whether or not with the aid of AI).

1.6 AI Services: the artificial intelligence models and features used by the Platform for content generation, chatbots, AI Coach, intake analysis and other automated processing.

1.7 Subscription: the agreement between IFM and the Tenant under which the Tenant is granted access to the Platform.

1.8 DPA: the Data Processing Agreement between IFM and the Tenant, accepted by click-through upon registration.

1.9 Platform Fee: the percentage withheld by IFM from payments processed via the Platform on behalf of the Tenant.

1.10 Sub-processor: a third party engaged by IFM for the processing of personal data in connection with the provision of services to the Tenant.

Article 2 — Applicability

2.1 These Terms of Service apply to all offers, agreements and services of IFM, as well as to the use of the Platform by Tenants and the users (content managers) invited by them.

2.2 By creating an account on the Platform, accepting a quotation or making a payment, the Tenant accepts these Terms of Service.

2.3 The applicability of any purchase conditions or other terms of the Tenant is expressly rejected.

2.4 If any provision of these Terms of Service is void or voidable, this shall not affect the validity of the remaining provisions.

2.5 In addition to these Terms of Service, the following documents apply:

1. Data Processing Agreement (DPA)
2. Acceptable Use Policy
3. Privacy Policy
4. Any supplementary agreements

2.6 In the event of a conflict between these documents, the higher-ranked document shall prevail.

Article 3 — Description of Services

3.1 Core Functionality

The Platform offers Tenants the following functionalities:

• Website generation from an intake interview and identity profile
• Content engine: automated blog, podcast, social media and email from uploads
• AI-generated online courses with learning modules, quizzes and AI Coach
• Assessments (scorecards) for lead generation
• Email marketing: campaigns and transactional emails
• Online shop: sale of digital products
• AI-powered chatbot with lead capture
• Podcast hosting with RSS feeds
• Automated short video clipping
• Knowledge base: extraction of frameworks and insights
• Native multilingual content generation (NL, EN, DE)
• SEO and LLM discoverability

3.2 Limitations

The Platform does not provide legal, financial or tax advice and does not guarantee specific results. AI-generated content is a tool; the Tenant is responsible for editorial review.

3.3 Multi-tenant Architecture

Each Tenant has a technically isolated environment (Row Level Security). IFM acts as data processor; the Tenant acts as data controller.

Article 4 — Subscriptions and Pricing

All prices are exclusive of VAT. Price changes will be announced at least 30 days in advance. In the event of an increase exceeding 10%, the Tenant may terminate the Subscription.

Article 5 — Payment and Invoicing

Subscription fees are payable in advance. Payment is due within 14 days of the invoice date. In the event of late payment, IFM may suspend access after 30 days and terminate the agreement after 60 days.

End User payments are processed via Stripe (direct charges). IFM receives the Platform Fee as an application fee on each transaction.

Article 6 — Right of Withdrawal

The Platform is a business service (B2B). Consumers have a cooling-off period of 14 days pursuant to Article 6:230o of the Dutch Civil Code. By commencing use within this period, the Tenant consents to the immediate provision of services.

Article 7 — User Roles and Obligations

The Tenant is obliged to keep data accurate, to bear responsibility for all Content, to act as data controller, to accept the DPA, and not to use the Platform for unlawful activities.

IFM is obliged to make the Platform available, to process personal data in accordance with the DPA, to implement appropriate security measures, and to inform the Tenant of changes in a timely manner.

The creation of a tenant account is restricted to persons aged 18 and over.

Article 8 — Intellectual Property

All intellectual property rights in the Platform vest in IFM. The Tenant retains ownership of uploaded materials and Content generated by the Platform. IFM shall not use Content for purposes other than service delivery.

IFM may use anonymised and aggregated data for platform improvement. IFM does not use Content to train AI models for third parties.

Article 9 — Use of AI and Transparency

The Platform uses AI models from Anthropic (Claude), xAI (Grok), OpenAI (GPT) and Deepgram. Data sent to AI providers is pseudonymised. IFM takes measures in accordance with the EU AI Act.

AI-generated Content is provided "as is". The Tenant is responsible for editorial review.

Article 10 — Acceptable Use Policy

Use of the Platform for the following purposes is prohibited:

• Unlawful, discriminatory or inciting content
• Infringement of intellectual property rights
• Spam or malware
• Circumvention of limits or security measures
• Noisy neighbour behaviour
• White-label resale or multiple businesses per account

IFM may remove content in the event of a breach and may suspend the Subscription in the event of a serious or repeated breach.

Article 11 — Privacy and Data Protection

The Tenant is the data controller. IFM is the data processor in accordance with the DPA (v2.2). The Platform maintains an audit trail for each contact interaction.

Retention periods: accounts (active + 6 months), chatbot/AI Coach (1 year), payment data (7 years), audit logs (3 years).

Article 12 — Availability and Maintenance

IFM targets 99.5% availability per month (best effort). Scheduled maintenance will be announced at least 48 hours in advance. Support is available by email with an initial response within 24 hours on business days.

Article 13 — Liability

The total liability of IFM is limited to the subscription fees paid in the preceding 12 months, up to a maximum of €50,000. IFM is not liable for indirect damages, AI-generated Content, or outages of third-party services.

Article 14 — Cancellation and Termination

Monthly subscription: 1 month notice period. Annual subscription: 1 month notice period before the end of the annual term. After termination, the Tenant has 90 days to export data.

Article 15 — Force Majeure

Force majeure includes failures of hosting, cloud or AI providers, internet outages, cyber attacks, government measures and natural disasters. If force majeure persists for more than 90 days, either party may terminate the agreement.

Article 16 — Data Export and Portability

The Tenant may export data at any time: contacts (CSV), courses/content/products (JSON), media (original files), identity profiles (JSON).

Article 17 — Sub-processors

Standard Contractual Clauses apply to US-based processors. Data sent to AI providers is pseudonymised.

Article 18 — Amendments to the Terms of Service

Amendments will be announced by email at least 30 days in advance. Continued use constitutes acceptance. In the event of material changes, the Tenant may terminate within 30 days. Amendments shall never apply retroactively.

Article 19 — Dispute Resolution and Governing Law

Dutch law applies. Disputes shall first be resolved through consultation and, if necessary, mediation. Competent court: District Court of Zeeland-West-Brabant, Breda.

Article 20 — Miscellaneous Provisions

"In writing" includes email. IFM may assign its rights (with 30 days' notice). Limitation period: 2 years. These Terms of Service, together with the DPA, the Acceptable Use Policy and the Privacy Policy, constitute the entire agreement.

Contact Details

Version 1.3, 2 March 2026