Terms and Conditions
What you can expect from Starting Up, what we expect from you, and what happens when something goes wrong.
The Dutch text is the binding version. This translation is here so it can be read; where the two differ, the Dutch text prevails.
These terms cover Starting Up and the products that run on it, such as TheJay. A product may add terms for what that product specifically does. Where those conflict with these, the additional terms prevail for that product.
1. Who the other party is
- Provider
- —
- Trading as
- Starting Up
- Legal form
- —
- Chamber of Commerce (KvK)
- —
- VAT number
- —
- Address
- —
- —
In these terms we means the party above and you means whoever creates or uses an account. The service is Starting Up together with the products you admit to it.
2. The account
You create an account with an email address. Signing in is a link in your mail; a password is optional. You are responsible for what happens through your account and for the access you give to team members.
An account is for one person. Do not share your sign-in link — invite someone as a team member instead, so everyone keeps their own access and the log shows who did what.
You must be 16 or older. If you are younger, you may use the service only with the consent of a parent or guardian.
3. What you get, and what it costs
Free
An account, a workspace, your identities, the CRM and one brand cost nothing. This is not a trial that runs out — it stays free, even if you never pay anything.
Paid
What costs money costs it per brand per product. Every brand beyond the first needs a subscription, and every product you use for a brand needs one. The current price is shown in your account before you confirm; today that is €12.00 per brand per month for TheJay, including VAT for consumers.
AI credit
AI features run on credit bought in advance. You buy an amount, each request draws it down, and at zero it stops. So you cannot be surprised by a bill for AI usage afterwards — that is exactly why it is prepaid. What a request cost is recorded per request and visible in your account. Credit does not expire.
4. Payment
Payment runs through Mollie. Subscriptions run monthly and are charged one month in advance until you cancel. Invoices are in your account.
If a payment fails, we may suspend the paid component after telling you and giving you a reasonable period to put it right. Your data stays in place during that period; we delete nothing because a direct debit bounced.
We announce price changes at least 30 days in advance by email. If you disagree you may cancel before the effective date, and the old rate applies until the end of your current period.
5. Right of withdrawal for consumers
If you buy as a consumer, you have 14 days to withdraw from the contract, starting when it is concluded. You do not have to give a reason. Email — and we will refund within 14 days.
If you want to start straight away, we ask you expressly to let us begin delivering within those 14 days. If you then still withdraw, you pay only pro rata for what you used — not the full amount. The same applies to AI credit: the unused portion is refunded.
This section does not apply if you are acting in the course of a profession or business. Even then you can still cancel monthly — see section 9.
6. What you may and may not do with the service
You may use the service for your own work and that of your organisation. You may not:
- use the service for anything unlawful, or to harm others;
- enter personal data for which you have no legal basis of your own;
- circumvent security, overload the service, or extract data automatically outside the API;
- resell access or offer the service as your own, unless we have agreed that in writing.
In case of serious or repeated breach we may suspend access. We will say so, with the reason, and beforehand where possible.
7. Your data stays yours
Everything you enter remains yours. We do not become its owner, do not use it for our own purposes, do not sell it, and do not train AI models on it. We use it to deliver the service to you and for nothing else.
How we handle it is in the privacy statement. For data you record about other people the Data Processing Agreement applies; it forms part of these terms and applies automatically.
8. Availability, and what we do not promise
We do our best to keep the service running, and we monitor it. But:
There is no SLA and no guaranteed availability. This is young software from a small team. Maintenance, outages and bugs happen. If you need guaranteed uptime with penalties attached, this product is not that today.
We may change and improve the service. If a feature you depend on disappears, we will say so at least 30 days in advance, so you can move or take your data with you.
Parts that depend on a third party — a Google connection, a social platform, a payment service — can stop working because that third party changes something. That is outside our control, and it is not a failure on our side.
9. Cancellation
You can cancel at any time, monthly, with no notice period and no penalty. Your paid period runs out and does not renew. Your data remains available afterwards, on the free tier, until you delete your account.
We may terminate with 30 days' notice, or immediately if you seriously breach section 6. If we terminate, you get back the prepaid portion you did not use, and you keep at least 30 days to retrieve your data.
10. Liability
For consumers, statutory rules apply; nothing in this section limits your statutory rights. In all cases:
- Our liability is limited to the amount you paid us in the twelve months before the event, with a minimum of €250.
- That limit does not apply in cases of intent or deliberate recklessness on our part, for damage from death or personal injury, or where the law forbids a limitation.
- We are not liable for consequential loss such as lost revenue or missed opportunities, to the extent the law permits.
- We are not liable for the loss of data you deleted yourself, nor for what a third party does that you connected to yourself.
Backups. We back the database up, and those backups exist to recover from a failure on our side. They are not an archiving service for you: do not count on us retrieving one deleted record. If you truly cannot lose something, keep your own copy too.
11. Changes to these terms
If we change these terms substantively, we email you at least 30 days in advance. If you disagree you may cancel free of charge before the effective date. If you carry on using the service after that, the new terms apply.
12. Complaints, governing law and disputes
If you have a complaint, email — first. We respond within two business days and try to sort it out together. That is almost always faster than the route below.
This agreement is governed by Dutch law. Disputes go to the competent court in the Netherlands. If you are a consumer, you keep the right to bring proceedings before the court where you live, and you can use the European ODR platform at ec.europa.eu/odr.
13. Final provisions
If a provision is invalid, the rest remain in force and we replace the invalid one with a valid provision as close to it as possible. We may transfer this agreement in a takeover or reorganisation; we will say so in advance, and you may then cancel.
The Dutch text of these terms is the binding version. The English translation exists for understanding; where they differ, the Dutch prevails.