This Terms of Use Agreement ("Agreement") is entered into between you and DIYAB (eenmanszaak), a sole proprietorship registered in the Netherlands, trading as Prolenix ("Prolenix", "we", "us", or "our"). It governs your access to and use of www.prolenix.com and the related dashboard, APIs, and tools (together, the "Service"). By creating an account or otherwise using the Service, you confirm that you have read, understand, and agree to be bound by this Agreement.
1. Use of the Service
1.1 Eligibility
You must be at least 16 years old and able to form a legally binding contract under Dutch law to use the Service.
1.2 Licence to use
Subject to this Agreement and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business or personal use.
1.3 Scope of the Service
Prolenix is a SaaS dashboard for e-commerce sellers and dropshippers, providing trend research, smart pricing, sales analytics, AI creative tooling, and Shopify integration. Features may be added, changed, or removed as we improve the product.
1.4 Modifications to the Service
We may modify, suspend, or discontinue the Service (in whole or in part) at any time. We will use reasonable efforts to notify you of material changes that affect paid plans.
2. Registration
2.1 Account creation
You must create an account with accurate, current, and complete information and keep it up to date.
2.2 Account security
You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at prolenix@prolenix.com of any unauthorised access.
2.3 One account per person
Individual plans are for a single person. Sharing credentials with teammates or third parties is not permitted; use a team plan when one becomes available.
3. Responsibility for Content
3.1 Your content
You retain ownership of product catalogues, store data, AI prompts, and any other content you upload or generate through the Service ("Your Content"). You grant Prolenix a worldwide, non-exclusive, royalty-free licence to host, store, process, and display Your Content solely to operate and improve the Service for you.
3.2 Your responsibility
You are solely responsible for Your Content and for ensuring you have the necessary rights to upload, share, or generate derivative works from it. You must not upload content that infringes third-party rights or violates applicable law.
4. Ownership
4.1 Our intellectual property
The Service, including its software, design, brand, and documentation, is owned by DIYAB or its licensors and is protected by intellectual property laws. Nothing in this Agreement transfers any rights to you other than the limited licence granted in Section 1.
4.2 Trademarks
"Prolenix" and the Prolenix logo are trademarks of DIYAB. You may not use them without prior written permission.
4.3 Third-party data
Trend data is sourced from Meta's public Ad Library API (published under EU DSA transparency rules) and from other public sources. AI features may rely on third-party providers such as OpenAI and FAL. These sources retain their respective rights in their data.
4.4 No reverse engineering
You may not copy, modify, reverse engineer, decompile, or create derivative works of the Service except to the extent expressly permitted by law.
5. Feedback
If you send us feedback, suggestions, or feature requests, you grant DIYAB a perpetual, irrevocable, royalty-free licence to use that feedback to improve the Service without any obligation to you.
6. Prohibited Conduct
You agree not to:
- Use the Service for any unlawful, fraudulent, or harmful purpose.
- Infringe intellectual property, privacy, or publicity rights of others.
- Upload or generate misleading, defamatory, hateful, or illegal content.
- Circumvent quotas, rate limits, authentication, or other access controls.
- Resell, sublicence, or proxy access to the Service to third parties.
- Scrape, crawl, or mass-export the Prolenix platform itself.
- Interfere with the integrity, performance, or security of the Service.
- Reverse engineer the Service or its underlying APIs.
7. Indemnification
To the maximum extent permitted by Dutch law, you agree to indemnify and hold DIYAB harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising out of your breach of this Agreement, your Content, or your misuse of the Service.
8. Disclaimers
EXCEPT AS REQUIRED BY APPLICABLE DUTCH OR EU CONSUMER LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACHIEVE ANY PARTICULAR BUSINESS OUTCOME. INSIGHTS, TRENDS, AND AI OUTPUTS ARE PROVIDED FOR REFERENCE ONLY; YOU ARE RESPONSIBLE FOR VERIFYING BUSINESS DECISIONS YOU MAKE BASED ON THEM.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY DUTCH LAW, DIYAB'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID PROLENIX IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) EUR 100. DIYAB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
10. Fees and Payment
- Paid plans renew automatically each billing period until you cancel. You can cancel at any time from the dashboard; access continues through the end of the current period.
- Billing is processed by Stripe. By subscribing you authorise Prolenix and Stripe to charge your selected payment method at the start of each billing period.
- Charges are non-refundable except where required by mandatory consumer-protection law. The EU 14-day right of withdrawal applies where required; you waive that right when you start using the Service immediately after purchase, to the extent permitted by law.
- Boost Pack purchases are one-time, consumed on first use, and non-refundable thereafter.
- We may change pricing with 30 days' notice; existing subscriptions keep their current price until the next renewal.
- Prices are shown excluding VAT where applicable. Dutch BTW is added to invoices to customers in the Netherlands; reverse-charge or zero-rated VAT applies to other EU and non-EU customers per Dutch tax rules.
11. Term and Termination
11.1 Term
This Agreement starts when you first access the Service and continues until terminated by either party.
11.2 Termination by you
You may stop using the Service and close your account at any time. Paid quotas do not carry over after termination and unused Boost Packs expire on the account-closure date.
11.3 Termination by us
We may suspend or terminate your access for breach of this Agreement, abuse of the Service, non-payment, or as required by law. We will use reasonable efforts to give you notice unless doing so would expose us or our users to harm.
12. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Netherlands, without regard to conflict-of-laws principles. Any dispute arising out of or relating to the Service or this Agreement will be submitted to the exclusive jurisdiction of the competent courts of The Hague ('s-Gravenhage), unless mandatory consumer-protection law in your country of residence grants you the right to bring proceedings in a different forum.
13. General Provisions
13.1 Entire agreement
This Agreement, together with our Privacy Policy and any plan-specific terms, constitutes the entire agreement between you and DIYAB regarding the Service.
13.2 Severability and waiver
If any provision of this Agreement is found unenforceable, the remaining provisions stay in full force. Our failure to enforce any provision is not a waiver of that provision.
13.3 Assignment
You may not assign this Agreement without our prior written consent. DIYAB may assign this Agreement in connection with a merger, acquisition, reorganisation, or sale of substantially all of its assets.