AI Product Terms

Last updated: [TBD] · This is a working draft pending legal review.

1. Introduction and scope

These AI Product Terms ("AI Terms") govern your use of any artificial-intelligence-assisted features made available within the Coded commerce platform (the "Platform"), operated by Coded B.V., a private limited company registered in the Netherlands and a subsidiary of Coded Holding B.V. (collectively, "Coded", "we", "us", or "our").

These AI Terms apply where you operate an Organization on the Platform and use one or more features that generate, suggest, transform, summarize, classify, or otherwise process content with the assistance of machine-learning or generative models (each an "AI Feature"). Examples of AI Features include assisted drafting of product descriptions, generation or refinement of listing copy, suggested categorization or tagging, and similar productivity aids offered within the Platform. AI Features are conveniences offered as part of the commerce Platform; they are not a standalone product and do not change the nature of the Platform.

These AI Terms form part of, and must be read together with, the Merchant Agreement, the Acceptable Use Policy, the Prohibited & Restricted Businesses policy, the Catalog & Listing Terms, and the Privacy Policy. Where these AI Terms conflict with the Merchant Agreement on an AI-specific matter, these AI Terms control for that matter.

Coded operates internationally. The Netherlands is our place of registration and initial launch market, and the Platform serves merchants worldwide. These AI Terms are drafted to apply across jurisdictions; where mandatory local consumer, data-protection, intellectual-property, or commercial law of your jurisdiction or the jurisdiction of a buyer applies, that mandatory law also applies alongside these AI Terms.

1.1 Defined terms

• AI Feature — any Platform functionality that uses machine-learning or generative models to assist a user, as described in Section 1.
• Input — any text, data, configuration, prompt, or other material you submit to, or make available for processing by, an AI Feature.
• Output — any content an AI Feature returns to you in response to your Input, including text, suggestions, classifications, or other generated material.
• Model Provider — a third party whose models or services Coded uses to deliver an AI Feature.
• User — you, the person or Organization using an AI Feature; "you" and "your" refer to the User.

2. Nature of AI Features

2.1 Assistive, not authoritative

AI Features are assistive tools. They produce suggestions and drafts to support your work; they do not make decisions for you and do not replace your own judgment. You remain the author and publisher of anything you choose to keep, edit, or publish using an AI Feature.

2.2 Availability and changes

AI Features may be added, modified, suspended, limited, or removed at any time, including to address quality, safety, legal, cost, or Model Provider constraints. We do not guarantee that any specific AI Feature, model, or capability will remain available, and availability of AI Features is separate from the availability of the core Platform.

2.3 No additional transaction fee

Use of AI Features does not create any platform or transaction fee. Coded charges a 0% platform fee on a Merchant's payment transactions, and you pay only the pass-through processing costs charged by Stripe and Mollie. Where an AI Feature is offered as part of a paid plan or as a separately priced add-on, any such fee is a subscription or feature charge addressed in the Merchant Agreement and the Payment Terms, and is separate from payment processing.

3. Ownership of Input and Output

3.1 Your Input

As between you and Coded, you retain all rights you hold in your Input. You grant Coded a non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display your Input solely to operate the relevant AI Feature, return Output to you, provide and maintain the Platform, and comply with law. This licence is limited to those purposes and ends when the Input is deleted in the ordinary course of Platform operation, subject to retention required by law or for backup and security.

3.2 Your Output

As between you and Coded, and to the maximum extent permitted by applicable law, Coded does not claim ownership of Output generated for you through an AI Feature. You are responsible for the Output you choose to use, and you use it under and subject to these AI Terms and the agreements referenced in Section 1.

3.3 Limits on ownership of Output

Whether and to what extent any Output can be owned, protected by copyright or other intellectual-property rights, or claimed exclusively is determined by applicable law, which varies by jurisdiction and is still developing for AI-generated material. Coded makes no representation that Output is protectable, original, or capable of being owned by you. Because models can produce similar or identical Output for different users from similar Inputs, Coded does not guarantee that Output is unique to you, and you must not assume exclusivity in Output.

3.4 Third-party rights in Output

Output may incorporate, resemble, or be derived from material in which a third party holds rights. You are responsible for ensuring that your use of Output does not infringe the intellectual-property, publicity, privacy, or other rights of any third party. Section 5 sets out your review and verification responsibilities.

4. No guarantee of accuracy

4.1 Output may be wrong

AI Features can produce Output that is inaccurate, incomplete, outdated, misleading, biased, offensive, non-compliant, or otherwise unsuitable, even when the Input is correct. Output may state things that are not true, may invent facts, figures, citations, or attributes, and may not reflect current law, pricing, product specifications, or availability.

4.2 No reliance for regulated or high-stakes decisions

You must not rely on AI Features as a source of legal, tax, financial, medical, safety, regulatory, or other professional advice, and you must not use Output as the sole basis for any decision that has legal or significant effects on a person. AI Features are not designed or authorized for such uses.

4.3 Provided "as is"

To the maximum extent permitted by applicable law, AI Features and all Output are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, or statutory, including any implied warranty of accuracy, fitness for a particular purpose, non-infringement, or merchantability. Nothing in this Section limits any warranty or right that cannot be excluded under mandatory law applicable to you.

5. Human review and your responsibilities

5.1 You must review before use

You are responsible for reviewing, verifying, correcting, and approving all Output before you rely on it, publish it, send it to a buyer, or otherwise use it in your projects. You must apply the same diligence to AI-assisted content as to content you create yourself, including checking accuracy, legality, product-safety and labelling requirements, pricing, and compliance with the policies referenced in Section 1.

5.2 You are accountable for what you publish

Content you keep, edit, or publish using an AI Feature is your content. You are responsible for it as if you had authored it directly, including toward your buyers, toward third parties, and under applicable law. Coded is not the author, publisher, or seller of your AI-assisted content.

5.3 Disclosure where required

Where applicable law, marketplace rules, or consumer-protection requirements oblige you to disclose that content is AI-generated or AI-assisted, you are responsible for making that disclosure.

6. Acceptable use

6.1 General rules

Your use of AI Features is subject to the Acceptable Use Policy and the Prohibited & Restricted Businesses policy, which apply in full. In addition, the rules in this Section apply specifically to AI Features.

6.2 Prohibited uses

You must not use any AI Feature, Input, or Output to:

• generate content that is unlawful, infringing, defamatory, deceptive, or that violates the rights of any person;
• create content intended to mislead, including impersonation, fake reviews, fabricated endorsements, or false claims about products, origin, certification, or safety;
• generate sexual content involving minors, content that exploits or endangers any person, or content promoting violence, self-harm, hatred, or unlawful discrimination;
• produce content that facilitates fraud, illegal goods or services, or activity prohibited by the policies referenced in Section 1;
• attempt to extract, reverse-engineer, copy, or recreate a Model Provider's model, weights, or training data, or to evade safety controls or usage limits;
• submit as Input any data you are not entitled to submit, including personal data, confidential information, or third-party material you lack the rights to process; or
• use AI Features in any way that, in our reasonable judgment, creates legal, security, reputational, or operational risk to Coded, a Model Provider, your buyers, or other users.

6.3 Enforcement

We may apply rate limits, content filtering, monitoring for abuse, and other technical and operational controls to AI Features. We may suspend, restrict, or withdraw your access to AI Features, with or without notice where the circumstances reasonably require, if we believe you have breached this Section or the policies referenced in Section 1, consistent with the suspension and termination provisions of the Merchant Agreement.

7. Data use for AI Features

7.1 Purpose limitation

We process Input and Output to deliver the relevant AI Feature, return results to you, operate, secure, and maintain the Platform, prevent abuse, and comply with law. Our handling of personal data is governed by the Privacy Policy, which applies to AI Features in the same way it applies to the rest of the Platform.

7.2 No training on your content without a lawful basis

We do not sell or share personal data for cross-context behavioural advertising, and our analytics are cookieless and privacy-by-design. We do not use your Input or Output to train Coded's own general-purpose models except where we have a lawful basis and, where required, your consent or a contractual permission, and where doing so is consistent with the Privacy Policy. Where a feature offers any such use, it will be described and, where required, made subject to a choice.

7.3 Model Providers and processing location

Some AI Features are delivered using third-party Model Providers acting as our processors or sub-processors. Where Input or Output is processed by a Model Provider, that processing is governed by the Privacy Policy and the relevant data-processing terms, and the current sub-processors are listed in the Sub-processors page. Platform data is hosted in the European Union (Frankfurt), and we apply appropriate safeguards to any transfer of personal data to a Model Provider, consistent with the Privacy Policy.

7.4 Your responsibility for Input data

You are responsible for ensuring you have the right to submit any Input and that your Input complies with applicable data-protection law and the rights of third parties. You must not submit personal data, special-category data, or confidential information to an AI Feature unless you are permitted to do so and unless the relevant feature is documented as suitable for that data.

7.5 Your privacy rights

Your rights in relation to personal data, including rights of access, correction, deletion, and objection under the GDPR, applicable US state privacy laws (including the CCPA/CPRA), and other applicable laws, are described in the Privacy Policy and apply to personal data processed through AI Features.

8. Intellectual property and feedback

The AI Features, the Platform, and all related software, models integrated by Coded, interfaces, and documentation remain the property of Coded and its licensors, including Model Providers. These AI Terms grant you only a limited, non-exclusive, non-transferable, revocable right to use the AI Features as part of the Platform. If you give us feedback or suggestions about an AI Feature, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback to improve our products, without obligation to you.

9. Disclaimers and limitation of liability

To the maximum extent permitted by applicable law, the disclaimers and the limitations and exclusions of liability set out in the Merchant Agreement apply to your use of AI Features and to all Output, and are incorporated here by reference. Without limiting those provisions, Coded is not liable for any loss arising from your reliance on Output, from inaccuracies in Output, from your failure to review Output, or from content you publish using an AI Feature. Nothing in these AI Terms excludes or limits liability that cannot be excluded or limited under mandatory law applicable to you, including mandatory consumer-protection law.

10. Changes to these AI Terms

We may update these AI Terms from time to time to reflect changes to AI Features, Model Providers, legal requirements, or our practices. Where a change is material, we will provide reasonable notice through the Platform or by other appropriate means before it takes effect. Your continued use of an AI Feature after a change takes effect constitutes acceptance of the updated AI Terms, except where applicable law requires your express consent.

11. Governing law and disputes

These AI Terms are governed by the laws of the Netherlands, and the courts of Amsterdam have jurisdiction over any dispute arising out of or in connection with them. This does not deprive you of the protection of mandatory provisions of the law of your country of residence or place of establishment, including mandatory consumer-protection and data-protection law, which continue to apply where they cannot be derogated from by agreement.

Contact

Questions about these AI Terms can be sent to:

• Legal: legal@coded.eu
• Privacy and data use: privacy@coded.eu
• Security concerns: security@coded.co

Coded B.V. De Taling 15, 2761 SL Zevenhuizen, The Netherlands KvK (Netherlands Chamber of Commerce) number: 42027097 VAT number: NL869368795B01 Effective date: 11 June 2026