Terms of Service — MDB Builder

BizzBit B.V. · Version 0.1 (draft) · September 2026

Apply to everyone who uses MDB Builder: users without a subscription, members and admins of companies and departments, and partners with whom content is shared Part B additionally applies to Pro subscriptions and credits Annex 1 is the Data Processing Agreement

Contents

These Terms of Service govern the use of MDB Builder. To avoid contradictions, each subject is covered in one place only:

Part A — General (all users) 01. Definitions 02. Applicability and formation 03. Account and access 04. Companies, departments and roles 05. Acceptable use 06. Sharing with partners and marketplace 07. Content and intellectual property 08. Preview functionality and AI 09. Signatures and secured PDF files 10. Confidentiality and personal data 11. Suspension and measures 12. Liability 13. Term, termination and deletion of data 14. Changes 15. Governing law, disputes and order of precedence

Part B — Pro subscriptions and credits 16. Pro subscription 17. Changing and cancelling 18. Credits 19. Prices, invoicing and payment 20. Discounts, free Pro and rewards

Annex 1 — Data Processing Agreement

Part A — General

Article 01 — Definitions

Article 02 — Applicability and formation

2.1 These terms apply to every use of the service and to every agreement between BizzBit and the customer concerning the service. The customer's general terms and conditions do not apply.

2.2 The service is intended exclusively for business use. Sign-up is only possible with a business email address or business account; addresses from general email providers are refused. Anyone who uses the service does so in the course of a profession or business; provisions that exclusively protect consumers do not apply.

2.3 By creating an account or using the service, the user accepts these terms on their own behalf and on behalf of the organisation for which they use the service. The user warrants that they are authorised to do so.

2.4 The agreement for a Pro subscription or a purchase of credits is formed at the moment the payment is completed in the service (Part B).

Article 03 — Account and access

3.1 A user signs in using one of the sign-in methods offered in the service, such as a business Microsoft account, a Google Workspace account or a one-time sign-in code sent by email. The methods available may differ per company, for example when an admin has made sign-in via SSO mandatory.

3.2 An account is personal. The user keeps access to their own email address and identity provider confidential and secure, does not share the account with others and reports suspected misuse immediately via the service desk.

3.3 On first sign-in, the service links the user to the organisation of the email domain and creates a private workspace. Content in the private workspace is the responsibility of the user, unless that content is placed in a company or department.

3.4 BizzBit may restrict access to the service for users or organisations in countries or with domains subject to sanctions regulations, and may carry out checks for this purpose at sign-up, invitations, sharing and purchases (see also Article 11).

3.5 The customer provides truthful company details for the company or department and keeps them up to date, in particular the country of establishment, the address, the billing address and the VAT number. BizzBit may rely on these details, including for sanctions checks and the calculation of VAT, and is not obliged to verify them. Incorrect or misleading details, including stating a different country to circumvent sanctions checks, are entirely at the customer's expense and risk. The customer indemnifies BizzBit against fines, third-party claims and damage arising therefrom, and in that case BizzBit may immediately suspend or terminate access (Article 11).

Article 04 — Companies, departments and roles

4.1 Members of a company or department have an email address on that company's domain. The only exception is BizzBit support staff whom the customer invites itself; the SLA describes how this works.

4.2 Within a company or department, roles and settings determine what a member may do, including the admin role (Pro only), the project roles QC manager and MDB manager, and the permissions set by admins. The customer is responsible for configuring these and for promptly removing members who should no longer have access.

4.3 Content that members create or upload within a company or department belongs to the environment of that company or department and remains there after the member leaves or is removed.

4.4 The number of members, the storage space and other limits depend on the subscription. The current limits are shown in the service.

Article 05 — Acceptable use

5.1 The user uses the service as intended and in accordance with the law. In any event, it is not permitted to:

• post or share content for which the user does not hold the necessary rights, or which is unlawful, misleading or harmful
• impersonate another person or organisation
• send unsolicited or abusive invitations
• disrupt, circumvent or test the service, other users or its security without BizzBit's written consent
• access the service in an automated manner other than through the application itself, or circumvent its technical limits
• use the service for the benefit of parties subject to sanctions regulations
• remove or hide the Powered by BizzBit mark where it is placed during use without a Pro subscription

5.2 Users can report a company that does not comply with these rules. BizzBit assesses reports at its own discretion; the reported company is not informed of the report.

Article 06 — Sharing with partners and marketplace

6.1 The customer decides which partners to enter into a partnership with and which content to share. When accepting a partnership, the user confirms that the partner is trusted and that shared content remains confidential between both companies. BizzBit does not vet partners and is not responsible for what a partner does with shared content.

6.2 Anyone who shares content grants the receiving partner the right to view, review, comment on and — to the extent the service offers this — export and download that content within the service. A customer with whom an MDB has been shared can pass that MDB on to its own customer within the service. Anyone who does not want this should not share the MDB.

6.3 A supplier that uploads files into a shared environment continues to see those own uploads read-only after the sharing ends.

6.4 Sharing can be ended at any time. Ending it stops access via the service, including for parties further down the sharing chain. Anything a partner exported or downloaded before the sharing ended is beyond BizzBit's control.

6.5 Marketplace. The marketplace is a directory within the service in which companies and departments can be found by other users, so that they can invite each other to a partnership. A company or department (with the exception of private workspaces) is listed in the marketplace by default. Anyone who does not wish to be listed can switch off the listing themselves in the company settings; this can be done at any time.

6.6 As long as the listing is switched on, the name of the company or department and the profile details (such as tagline, description, website, contact email address and keywords) are visible to and searchable by all signed-in users of the service. The customer decides whether the company or department remains listed and which profile details are filled in.

6.7 The customer is responsible for the accuracy of the profile and warrants that it contains no misleading information, does not infringe third-party rights and only lists a contact email address that may be used for this purpose. Data from the marketplace may only be used to enter into a business collaboration within the service, and not for unsolicited commercial messages or building address lists.

6.8 BizzBit does not check or assess the companies in the marketplace, does not recommend any company and is not a party to arrangements made via the marketplace. A listing says nothing about the reliability, quality or creditworthiness of a company. BizzBit may determine the order and presentation of listings and may hide or remove a profile without prior notice if it conflicts with these terms.

Article 07 — Content and intellectual property

7.1 The customer retains all rights to its own content. The customer grants BizzBit a non-exclusive right to process the content to the extent necessary to provide, secure and support the service, in accordance with the Data Processing Agreement (Annex 1).

7.2 The customer warrants that the content does not infringe third-party rights and indemnifies BizzBit against third-party claims based thereon.

7.3 All intellectual property rights in the service, the software, the design, the templates, presets and the included illustrations are held by BizzBit or its licensors. The customer receives a non-exclusive, non-transferable right to use these within the service during the term and to continue using them as part of its own exports.

7.4 Images selected via the online search function (such as Pexels or Pixabay) are subject to the licence of that source. The service shows the source and the creator; the customer is responsible for use in accordance with that licence.

7.5 BizzBit may freely use feedback or suggestions about the service given by the customer to improve the service.

Article 08 — Preview functionality and AI

8.1 Preview functionality is provided as is. BizzBit may change, restrict or discontinue preview functionality. Preview functionality falls outside the service levels of the SLA.

8.2 The AI functions (including generating a product sketch and proposing an MDB structure based on an Inspection & Test Plan) are preview functionality. The following applies to these functions:

• the images, files and texts entered are processed in BizzBit's own isolated Azure OpenAI environment at Microsoft, within the European Data Zone; they are not sent to OpenAI or to public AI services such as ChatGPT
• the input and the results are not used to train or improve AI models, and are not visible to other customers or users
• Microsoft may retain input and results for a maximum of 30 days, solely to detect misuse of the AI service; only in case of suspected misuse may an authorised Microsoft employee view them
• the results are stored in the service itself like other customer content

8.3 An AI result is a proposal. The customer assesses the result for accuracy and completeness before it is used and is responsible for its use. Any rights in the result, to the extent they exist, belong to the customer.

Article 09 — Signatures and secured PDF files

9.1 With the signature function, a user places an image of a signature on a document, and the service records who did so and when. This is not a qualified electronic signature. BizzBit gives no guarantee as to the legal validity of a signature placed in this way; the customer assesses for itself whether it is sufficient for the intended purpose.

9.2 PDF files that require a password to open are refused. PDF files with security settings that restrict editing or copying can, after confirmation by the user, be converted into an editable working copy; the original is retained unchanged. A digital signature in the original is no longer valid in the working copy.

9.3 By confirming the conversion, the user declares that they, or the organisation on whose behalf they act, are entitled to remove the security and to edit and share the document in this way. Responsibility for that decision and its consequences, including claims by the author or rights holder of the document, lies entirely with the customer. The customer indemnifies BizzBit against such claims.

Article 10 — Confidentiality and personal data

10.1 BizzBit keeps the customer's content confidential and gives staff access only to the extent necessary. How support staff can view along is set out in the SLA.

10.2 For personal data contained in the customer's content, the customer is the controller and BizzBit the processor; the Data Processing Agreement in Annex 1 applies to this. For personal data that BizzBit processes for its own purposes, such as account data and invoicing, BizzBit is the controller; this is described in the Privacy Statement.

Article 11 — Suspension and measures

11.1 BizzBit may suspend or restrict access to the service, or to parts of it, in whole or in part, where:

• a user or customer acts in breach of these terms
• this is necessary to protect the service, other users or data
• laws or regulations, including sanctions regulations, require this
• payments are not made (see Part B)

11.2 BizzBit may temporarily restrict functionality for all users where this is necessary for reasons of security, compliance or a controlled introduction, such as temporarily disabling invitations to external parties.

11.3 BizzBit chooses a measure proportionate to the cause, informs the customer concerned where possible and permitted, and lifts the measure as soon as the cause has been removed.

Article 12 — Liability

12.1 BizzBit's liability for direct damage is limited per calendar year to the amount the customer paid to BizzBit in the twelve months preceding the event giving rise to the damage, up to a maximum of € 25,000. For use without a paid subscription, liability is limited to € 500.

12.2 BizzBit is not liable for indirect damage, including consequential damage, lost profits, lost savings, damage due to business interruption and loss of data to the extent that such loss could have been limited using the recovery facilities in the SLA.

12.3 BizzBit is not liable for damage resulting from content or actions of partners, from the use of AI results or preview functionality, or from failures of external services beyond BizzBit's control.

12.4 The limitations in this article do not apply in the event of intent or deliberate recklessness on the part of BizzBit's management.

12.5 A right to compensation only arises if the customer reports the damage to BizzBit in writing within two months of discovery.

12.6 The availability of the service is governed exclusively by the arrangements in the SLA.

Article 13 — Term, termination and deletion of data

13.1 Use of the service without a subscription runs for an indefinite period. The user or customer may end the use at any time; BizzBit may end free use with three months' notice. Termination of a Pro subscription is governed by Article 17.

13.2 After a Pro subscription ends, the customer's environment remains available as use without a subscription. Data is not deleted automatically.

13.3 The customer can request via the service desk that an account, company or department and the associated content be deleted. BizzBit carries out that request within thirty days, after it has been established that the requester is authorised to make it. Content is subsequently removed from the backups in accordance with the retention periods in the SLA. Data that BizzBit must retain under a legal obligation, such as invoicing data, is retained for as long as that obligation applies.

13.4 Before a deletion request, the customer exports the documentation it wishes to keep. Deletion is irreversible.

13.5 Articles which by their nature are intended to continue to apply after termination, including Articles 7, 10, 12 and 15, remain in force.

Article 14 — Changes

14.1 BizzBit may change these terms, the SLA, the Data Processing Agreement and the Privacy Statement. Each version bears a version number and date and can be found at app.mdbbuilder.com/legal/terms, /legal/sla and /legal/privacy.

14.2 A change that materially restricts the customer's rights or lowers the service levels is announced at least thirty days before its effective date by email to the admins or, failing that, to the users. Other changes may take effect immediately.

14.3 A customer with a Pro subscription who does not accept a materially adverse change may cancel the subscription with effect from the effective date of the change. The prepaid portion of the subscription price after that date is then refunded pro rata.

14.4 Changes to prices, credit rates and limits are governed by Article 19.

Article 15 — Governing law, disputes and order of precedence

15.1 These terms and all agreements concerning the service are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

15.2 Disputes are submitted to the competent court of the District Court of Zeeland-West-Brabant (Rechtbank Zeeland-West-Brabant), the Netherlands.

15.3 In the event of conflict between documents, the following order of precedence applies: (1) an individual written agreement, (2) the Data Processing Agreement, insofar as it concerns the processing of personal data, (3) the SLA, insofar as it concerns service levels, (4) these Terms of Service.

15.4 If a provision is invalid, the remaining provisions remain in force and a valid provision that approximates the intent as closely as possible applies in its place.

15.5 The English version of these terms prevails over any translation.

Part B — Pro subscriptions and credits

Article 16 — Pro subscription

16.1 A Pro subscription is taken out for one company or department. A department within a company only has Pro with its own subscription.

16.2 Anyone who takes out a Pro subscription does so on behalf of the organisation of the company or department and warrants that they are authorised to do so. When taking out the subscription, the applicant designates at least one admin and declares that the organisation is not established in, and does not act on behalf of a party in, a country or territory subject to comprehensive trade sanctions. BizzBit records who made that declaration and when.

16.3 Which members, admins, credits, storage space and functionality belong to a tier is set out in the tier overview in the service at the time the subscription is taken out. What was agreed at that time continues to apply until the next renewal; a change to the tier overview applies to a running subscription only from the renewal following announcement in accordance with Article 19.4.

16.4 A Pro subscription is taken out per month or per year and is automatically renewed at the end of each period for a period of the same length, unless it has been cancelled before the end of the period.

16.5 With an annual subscription, the credits for the entire year are added at the start.

Article 17 — Changing and cancelling

17.1 Upgrading to a higher tier takes effect immediately. The price difference for the remaining period is invoiced immediately pro rata and the associated additional credits are added pro rata.

17.2 Downgrading to a lower tier takes effect at the end of the current period. No refund is given.

17.3 Switching from monthly to annual billing takes effect immediately; the new annual period starts at that moment. Switching from annual to monthly billing takes effect at the end of the paid year.

17.4 Cancelling is possible at any time in the service and takes effect at the end of the current period. Until then, the cancellation can be reversed. Subscription fees already paid are not refunded, except in the case of Article 14.3.

17.5 When a Pro subscription ends, the Pro features lapse. Admins become regular members, members above the maximum for use without a subscription are set to Inactive (the admin can choose who stays active), any SSO requirement lapses and the limits for use without a subscription apply. Article 13 applies to the data.

Article 18 — Credits

18.1 Credits are a unit of account within the service. Which actions cost credits, and how many, is shown in the service with the action concerned or in the credit overview. Examples are creating chapters, exports, storage above the subscription's storage space and AI functions.

18.2 Credits belong to a balance of a company, department or email domain and are deducted from that balance. An action is refused if the balance is insufficient. Credits for an export or an AI function are only deducted once the result has succeeded.

18.3 Credits have no monetary value, are not transferable between balances and are not paid out or refunded in money. When a chapter that was never used is deleted, or a service in the application is otherwise reversed, credits may be refunded in accordance with the rules in the service.

18.4 Validity. Purchased credits do not expire. Credits included with a Pro subscription expire after the period shown in the service with the subscription; with an annual subscription, they expire no later than twelve months after being added. Included credits are used before purchased credits.

18.5 Storage. Storage above the subscription's storage space is charged monthly in credits. If this is not possible because the balance is insufficient, arrears arise. If these are not topped up within the period shown in the service, new uploads may be blocked until the arrears have been topped up. For use without a subscription, a fixed maximum storage space applies.

18.6 Automatic top-up. An admin can set credits to be purchased automatically when the balance falls below a threshold, using the saved payment method. The customer thereby instructs BizzBit to charge that payment method for these purchases. If an automatic purchase fails, automatic top-up is paused and the admins are informed.

18.7 If a payment with which credits were purchased subsequently fails, is reversed or is charged back, BizzBit may deduct the credits concerned again.

18.8 Free starter credits, bonus credits and credits granted by BizzBit on request are provided without any entitlement to repetition and may be withdrawn by BizzBit in case of misuse.

Article 19 — Prices, invoicing and payment

19.1 All prices are exclusive of VAT and other levies, unless stated otherwise. VAT is calculated based on the customer's billing address and VAT number; the customer is responsible for their accuracy.

19.2 Depending on the customer's country, invoicing is in euros or in US dollars. The currency is fixed at the first subscription and continues to apply to that subscription.

19.3 Payment is made via the payment environment in the service, in advance per period, using the payment methods offered there. Invoices are provided electronically to the billing email address of the company or department and can be viewed in the service.

19.4 BizzBit may change prices, credit rates and the content of tiers. For a running subscription, a price increase or a reduction of what is included in the tier only takes effect at the next renewal, at least thirty days after announcement. The customer may cancel the subscription before that renewal. Credit rates for actions apply from the moment they are shown in the service.

19.5 If a payment is not made or fails, the subscription is terminated after the paid period and Articles 17.5 and 18.7 apply. A payment that was initially accepted but subsequently fails may result in Pro and the credits obtained with it being withdrawn.

19.6 The customer submits any objection to an invoice via the service desk within thirty days of the invoice date.

Article 20 — Discounts, free Pro and rewards

20.1 BizzBit may offer discounts, for example for certain email domains or for a limited number of months. The conditions of a discount are stated with the offer. After the discount period ends, the regular price applies.

20.2 BizzBit may provide a Pro subscription free of charge, whether or not for a fixed period. Afterwards, the company or department reverts to use without a subscription, unless the customer takes out a paid subscription. A free subscription cannot be changed by the customer.

20.3 A company that invites a new organisation which then takes out a Pro subscription may receive credits as a reward for this in accordance with the scheme shown in the service. BizzBit may refuse or withdraw a reward in case of misuse.

Annex 1 — Data Processing Agreement

This Data Processing Agreement forms part of the Terms of Service and applies between the customer as controller and BizzBit as processor within the meaning of the General Data Protection Regulation (GDPR; in Dutch: Algemene Verordening Gegevensbescherming, AVG).

1. Subject matter and duration

1.1 BizzBit processes personal data contained in the customer's content solely to provide, secure and support the service, and solely on the basis of the customer's written instructions. The customer's use of the service, including the settings the customer chooses, constitutes those instructions.

1.2 This Data Processing Agreement applies for as long as BizzBit processes personal data on behalf of the customer.

2. Nature of the processing

3. Obligations of BizzBit

3.1 BizzBit:

• does not process the personal data for its own purposes and does not use it to train AI models
• binds staff and sub-processors who have access to confidentiality
• takes appropriate technical and organisational security measures, as described in the Security, Privacy & Compliance Whitepaper
• processes and stores the personal data within the European Economic Area, with the exception of the transfers stated in the Privacy Statement for the recipient concerned
• provides reasonable assistance to the customer with data subject requests, data protection impact assessments and questions from the supervisory authority, insofar as the customer cannot do this itself in the service. BizzBit may charge for assistance requiring more than limited effort on the basis of time and materials

4. Sub-processors

4.1 The customer gives BizzBit general authorisation to engage sub-processors. The current list of sub-processors is set out in the Privacy Statement.

4.2 BizzBit announces the addition or replacement of a sub-processor at least thirty days in advance via the change procedure of Article 14. The customer may object on reasonable grounds; if the parties cannot reach agreement, the customer may cancel the subscription with effect from the effective date of the change.

4.3 BizzBit imposes on sub-processors obligations at least equivalent to those in this Data Processing Agreement and remains responsible towards the customer for their compliance.

5. Personal data breaches

5.1 BizzBit informs the customer without undue delay, and where possible within 48 hours of discovery, of a breach relating to the customer's personal data. BizzBit provides the information the customer needs to comply with any notification obligation.

5.2 The customer decides on notification to the supervisory authority and to data subjects.

6. Audit

6.1 On request, BizzBit makes available to the customer the information necessary to demonstrate compliance with this Data Processing Agreement. If that information is demonstrably insufficient, the customer may, once per year, with timely notice and at its own expense, have an audit carried out by an independent expert bound by confidentiality.

7. End of processing

7.1 Following a deletion request from the customer, BizzBit deletes the personal data in accordance with Article 13.3 of the Terms of Service, unless retention is required by law.

8. Liability

8.1 Liability under this Data Processing Agreement is governed by Article 12 of the Terms of Service.