Spaicely is a service of Vuurpijl Beheer B.V., Lagedijk 11A, 2064 KV Spaarndam, Chamber of Commerce no. 34108141, VAT NL807542313B01. Contact: info@spaicely.com. Reports of abuse or illegal content: abuse@spaicely.com or app.spaicely.com/report. We write and reply in Dutch, English, German and French.
1. Definitions
Spaicely, we, us: Vuurpijl Beheer B.V.
Customer, you: anyone who has an account with Spaicely or enters into an agreement with us. An account may belong to a person or an organisation.
Consumer: a customer who is a natural person and is not acting for the purposes of their trade, business or profession.
Service: everything we provide: hosting of sites, registration and management of domain names, DNS, forms and other scripts, the connection with AIs (MCP), the CLI and the dashboard.
Site: a website we host for the customer, with all its files, versions and settings.
AI: a program that acts on the customer's behalf through our connection, such as Claude, ChatGPT, Gemini or the customer's own script using a token of the customer.
Owner, payer and members: the account that owns a site, the account that pays for it, and the people and partners who work on it with a role.
Content: everything the customer, their members or their AI put on a site or process through the service.
2. Applicability
These terms apply to every use of the service and every agreement with Spaicely.
The customer's own terms do not apply, even if the customer refers to them.
Domain names are also subject to the rules of the registry of the extension (such as SIDN for .nl and EURid for .eu) and, for generic extensions, the rules of ICANN. We name these when you register. If those rules conflict with these terms, the registry's rules prevail.
If a provision is void or is annulled, the rest remains in force. We replace the void provision with a valid one that comes as close as possible to its purpose.
The Dutch text prevails over translations.
3. Account and agreement
The agreement is formed when you create an account and accept these terms. A paid service starts as soon as the payment has succeeded.
You provide correct and complete details and keep them up to date, in particular your billing details and the details of the holder of a domain name.
You are responsible for everything that happens with your account, including what is done by members you gave access to or by an AI you connected. Keep your passkeys, login links and tokens secret. If you suspect misuse, tell us at once and revoke the access in the dashboard.
We may refuse a sign-up or close an account if we reasonably suspect it is being used for abuse.
4. The customer's AI
An AI you connect acts on your behalf. Whatever that AI does through our connection counts as your own act: building sites, publishing files, changing DNS, enabling forms.
You decide which rights you give an AI, and per kind of action whether your AI may do it itself, must ask your approval in Spaicely first, or may not (in the dashboard under "What may your AI do?"). What you set to "itself", the AI does without asking you; that too falls under paragraph 1. When you approve a request, we carry out exactly what the approval page shows.
We are not responsible for what an AI builds, writes or decides, nor for errors or outages of the provider of that AI. Check what your AI publishes.
Your conversation with your AI is governed by the terms and privacy policy of its provider.
An AI can be steered by text it reads along the way, such as a web page, a file or an email, also when that text comes from someone else. Our guides (skills) and the instructions of our connection are aids as well: whether an AI follows them correctly falls under paragraph 3. So choose rights and settings that match what you are willing to risk.
5. Owner, payer and working together
A site has one owner. The paying account may be a different one, for example a designer or partner who pays for the customer.
The holder of a domain name is always the end customer. A partner may register a domain name in the customer's name only if the customer agrees.
The owner decides about the site, even if someone else pays. A transfer of a site only goes ahead once the recipient accepts it.
If a payer stops paying, article 11 applies.
6. Availability, maintenance and outages
We do our best to provide the service without interruption and to resolve outages quickly. This is a best-efforts obligation: we do not promise uninterrupted or error-free operation. Our target is 99.9% availability of hosting per month.
The service depends on suppliers and on the internet. Sites are delivered by Bunny, our platform runs at Hetzner, domain names go through Realtime Register and the registries, payments through Stripe and mail through our own mail service Euromailing. We cannot always prevent or fix outages on their side.
We may interrupt the service temporarily for maintenance, updates or security. Where possible we announce planned maintenance that noticeably affects a site 48 hours in advance. In case of imminent danger we intervene at once.
Discount for outages. If the hosting of your sites was less than 99.5% available in a calendar month, you receive on request a discount on that month's price:
- less than 99.5%: 10%
- less than 99%: 25%
- less than 95%: 50%
We measure availability ourselves. Planned and announced maintenance does not count, nor does anything caused by you, your content, your AI or your DNS elsewhere. Request the discount within 30 days after the end of the month via info@spaicely.com. We set the discount off against the next payment; we do not pay it out.
The discount under paragraph 4 is the only compensation for the service being unavailable or not properly available. Beyond that there is no right to damages for outages, except in the cases of article 14 paragraph 5.
For each site we keep the last ten published versions, so you can restore a previous version. This is not a backup you can rely on: always keep your own copy of your site and your content. Your AI or your own folder usually has one already.
7. Use and content
You are responsible for your content and for your use of the service. You make sure you hold the rights to what you publish and that your site complies with the law, including the rules on privacy, cookies, consumer law and advertising.
You may not use the service for:
- content or acts that break the law, such as child sexual abuse, incitement to violence, incitement to hatred, defamation, fraud and infringement of the rights of others;
- phishing, malware, spreading viruses or setting up a botnet;
- spam, including through our forms;
- attacks on other systems, or attempts to get around our security or limits;
- erotic or pornographic content, even if legal, and offering or referring to sexual services;
- imitating other organisations or persons to mislead visitors;
- use that noticeably disrupts the service for others;
- raising money for investments or loans, or other crowdfunding that needs a licence (Regulation (EU) 2020/1503).
Fair use. Storage and traffic are not capped at a fixed number, but they are limited to what suits a normal site on the chosen plan. If a site uses much more, we first get in touch and propose a different plan or an adjustment. Only if that does not help may we restrict the traffic.
The technical limits of the service (such as file size, number of files per upload and limits of forms) are set out in the documentation at spaicely.com/developers/ and we may change them.
8. Notices and moderation
Anyone can report content they believe to be illegal, via app.spaicely.com/report or abuse@spaicely.com. A notice contains the address of the content, why it is illegal, the name and email address of the person reporting, and a statement that the notice is made in good faith. A notice of child sexual abuse does not need a name and email address.
People at Spaicely assess every notice; we make no automated decisions on them. In addition we filter forms automatically for spam. We confirm receipt and let the person reporting know what we decided.
If in our judgement content is clearly illegal or in breach of article 7, we may make it inaccessible, suspend the site or the account, or remove the content. We choose the lightest measure that works.
If we take a measure, we tell you which one, why, on the basis of which rule, and how to object. We do not do so if the law or an authority forbids it.
You can object within six months via info@spaicely.com. We then review the matter again and tell you the outcome with our reasons. You can also always go to court. You may also turn to a dispute settlement body recognised by law.
If we suspect a criminal offence that threatens life or safety, we alert the police.
If someone repeatedly sends us clearly unfounded notices, we may temporarily stop processing their notices.
9. Suspension and termination by us
We may suspend the service in whole or in part, without becoming liable for damages:
- if you do not comply with these terms;
- if a site is under attack (such as a DDoS) and this affects other customers;
- if an authority or court asks us to;
- if this is necessary to prevent harm to the service, to other customers or to third parties.
We warn you first and give you a reasonable period to resolve it, unless the seriousness or urgency does not allow this.
In case of a serious or repeated breach we may terminate the agreement with immediate effect. In that case we do not refund what has already been paid.
10. Domain names
We register, transfer and renew domain names as an intermediary with the registry. The holder is the customer or the end customer they name.
Whether a name is really available is only known to the registry at the moment of registration. Our search gives an estimate. If a registration does not go through, we refund the amount paid.
You pay the registry's full term in advance. Some extensions have a minimum term of two years or more.
A domain name is only renewed after payment. We send reminders starting 60 days before the expiry date. If you do not pay in time, the name expires and may be lost. We are not liable for that. Automatic renewal is on by default: with the first payment for a domain name we save the card or direct debit, and we charge each renewal to it 14 days before the expiry date, and e-mail you the amount and the date beforehand. If the charge fails, we try once more a week later and e-mail you; after that you pay yourself. You can switch it off at any time until the charge.
Anyone who hosts with Spaicely uses our DNS.
If you want to transfer a domain name to another provider, you receive the transfer code within five working days, even if an amount is still outstanding.
We carry out decisions of a registry, or a ruling in a dispute over a domain name. We are not liable for that.
11. Prices and payment
Prices are shown on spaicely.com and in the dashboard. For business customers they exclude VAT, for consumers they include VAT. An account in the United Kingdom pays in pounds sterling, an account outside Europe in US dollars, all others in euros; the currency is fixed from the first payment. We price domain names in euros and convert them at the European Central Bank rate on the day of payment.
You pay for hosting monthly in advance, via Stripe. You pay for domain names per term in advance. The price of a domain name is the price at the moment of payment.
If a payment fails, we let you know. If a site has been unpaid for 14 days, we remove it. Before that we send a warning 14, 7 and 1 day in advance. You keep your domain names; we only disconnect them from the site.
What has been paid is not refunded, except where these terms or the law say otherwise.
We may change prices. We announce an increase at least 30 days in advance. If you do not want the new price, you can cancel with effect from the date it takes effect.
Partners can receive a volume discount according to the tiers we agree with them.
With a web shop on the Shop plan, and with a form where a visitor pays for a download or code, you are the seller. Buyers pay through Stripe into your own Stripe account; for each paid order or paid form we keep 2% of the total amount, plus VAT, and invoice it monthly. This commission remains due if you later refund an order in full or in part, including when a buyer withdraws. Stripe's fees and your obligations towards your buyers, such as information on withdrawal and delivery, are yours.
With a donation form you receive the donations, on every plan. Donors pay through Stripe into your own Stripe account; we keep 2% of each donation, plus VAT, and invoice it as in clause 7. What comes in is yours, also when a goal is not reached; you spend it as your site promises and tell donors so beforehand. The obligations that come with raising money, such as those of a charity, are yours. A donation form is not for investments or loans (article 7).
Forwarding mail to an inbox you already have costs €1.50 (£1.30 or $1.75 when paying in pounds or dollars) per address a month, excluding VAT, and is billed with the site's plan. Site allows one address, Pro five, Shop ten. An address counts from the moment you create it; when you remove it, we settle the rest of the month. Mail that looks like spam, fraud or a risky attachment is not forwarded. You can see withheld mail and have it forwarded after all. Replying from the forwarded address is not possible yet.
12. Term and cancellation
A subscription runs monthly and renews each time for another month. You can cancel at any time in the dashboard or through the Stripe customer portal; the subscription then ends at the end of the current month.
A domain name runs until the end of the paid term.
You can close your account in the dashboard, provided no domain names are still active or being processed. We delete the account and the sites within 30 days, except what we must keep by law, such as invoices.
After a subscription or account ends, sites and files are gone. Make sure you have a copy beforehand.
13. Data
Your content remains yours. We use it only to provide the service.
We process personal data in accordance with our privacy statement at spaicely.com/privacy/.
For personal data we process for you, such as that of visitors to your site through forms, we are the processor and you are the controller. The data processing agreement in annex 1 applies to this.
14. Liability
Our liability is limited to compensation for direct damage. By this we mean:
- reasonable costs of making our performance conform to the agreement after all;
- reasonable costs of establishing the cause and extent of the damage;
- reasonable costs of preventing or limiting damage.
We are not liable for indirect damage. This includes consequential damage, lost profit or revenue, missed savings, loss of data, reputational damage, damage from business interruption and damage from the loss of a domain name.
Per calendar year our liability never exceeds what you paid in the 12 months before the event causing the damage for the part of the service to which the damage relates, up to a maximum of € 1,000. A series of related events counts as one event.
In case of loss of or damage to content, our liability is limited to restoring the latest version we still have.
The limitations in this article do not apply if the damage results from intent or deliberate recklessness of our directors or managers, nor in case of death or personal injury.
A right to damages only arises if you report the damage in writing within 30 days after discovering it, and lapses one year after it arose.
If we fall short, you must first give us formal notice of default in writing, with a reasonable period to resolve it, unless performance has become permanently impossible.
The limitations also apply to our staff and to the suppliers we engage.
15. Force majeure
We are not obliged to perform if we are unable to do so because of force majeure. Force majeure includes in any case:
- an outage or failure at a supplier, registry or payment service;
- an outage of the internet, the electricity grid or telecommunications;
- an attack on our systems or those of suppliers, such as a DDoS or intrusion, despite reasonable security;
- fire, flood, epidemic, war, strikes and government measures.
The discount for outages under article 6 paragraph 4 also applies in case of force majeure.
If the force majeure lasts longer than 60 days, either party may terminate the agreement, without compensation. For the period after the end of the agreement we refund any prepaid amount pro rata.
16. Indemnity
If someone else holds us liable because of your content, your use of the service or something your AI did, you indemnify us. This means you compensate the reasonable costs and damage we incur as a result, including the reasonable costs of legal assistance. We let you know at once and cooperate in your defence. For consumers this article applies only if they are at fault.
17. Intellectual property
Rights in the service, the software, the documentation, the skills and the Spaicely brand remain ours. You receive a right to use them for as long as the agreement runs.
The CLI is open source under the MIT licence; that licence applies to it.
You grant us the right to store your content, to reduce it in size, to copy it to our servers and those of suppliers, and to show it to visitors, to the extent needed for the service.
18. Changes
We may improve and adapt the service. If a change removes a feature you pay for, we announce it at least 30 days in advance.
We may change these terms. We announce a change to your disadvantage at least 30 days before it takes effect. If you do not want the change, you can cancel with effect from the date it takes effect. Changes required by law take effect on the date the law sets.
19. Consumers
For a consumer, mandatory consumer law takes precedence over these terms, including that of the country where the consumer lives.
Right of withdrawal. A consumer can withdraw from an agreement within 14 days of entering into it without giving any reason: by a message to info@spaicely.com or with the form in annex 2. We then refund the amount within 14 days, with the exceptions in paragraphs 3 and 4, in the same way as it was paid, with a credit invoice.
Domain names. A registration, transfer or renewal of a domain name is fully carried out immediately after payment, and a registry cannot reverse it. A consumer therefore orders only by ticking, when ordering, that they ask us to carry out the order at once and that they know their right of withdrawal lapses as soon as the domain name has been registered, transferred or renewed (article 6:230p(d) of the Dutch Civil Code). We confirm this in the order confirmation.
Hosting. A subscription starts at the first payment; there is no free trial. A consumer orders only by ticking that they ask us to start the hosting straight away. If they withdraw within 14 days, they pay for the days the hosting ran and we refund the rest (art. 6:230s(4) Dutch Civil Code). After that article 11 paragraph 4 applies: what has been paid is not refunded.
Article 6 paragraph 5, article 14 and article 16 apply to a consumer only to the extent the law allows.
After the first year, a consumer can cancel any subscription with a notice period of no more than one month.
A price increase within three months of entering into the agreement does not apply to a consumer, unless it is imposed by law.
A consumer can also bring a dispute before the court of their place of residence.
20. Law and disputes
These terms and every agreement with Spaicely are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
We first put a dispute to each other; we look for a solution together.
If that does not succeed, the District Court of North Holland (rechtbank Noord-Holland) decides, except where article 19 paragraph 8 or the law designates another court.
Annex 1. Data processing agreement
This annex applies to personal data that Spaicely processes for the customer. In this the customer is the controller and Spaicely the processor within the meaning of article 28 GDPR.
Subject matter. The data comes from visitors to the customer's sites:
- contact forms: name, email address, message and the other fields the customer includes;
- download and discount code forms: name, email address and the other fields the customer includes;
- web shop orders and payments through a form: name, email address, delivery address, the products ordered or the form, what the buyer filled in, a code given and the amount;
- donations: name, email address, message, amount, and whether name and message may show on the site;
- mail forwarding: sender, recipient, subject, content and attachments of mail to a forwarding address of the customer, and the addresses the customer has that mail sent to;
- signup lists: email address, name and the times of signing up, confirming and unsubscribing;
- hosting logs: IP address, requested address, time and browser.
We process them only to provide the service: forwarding messages, recording and reporting orders, keeping and confirming signups, delivering pages and preventing abuse.
Instructions. We process only on the customer's instructions. Those instructions consist of this agreement and the settings the customer or their AI chooses. If we find an instruction to be in breach of the GDPR, we say so.
Duration and retention. We forward a contact message and do not keep it, unless the customer switches on keeping for the form; the same goes for a download or discount code, unless the visitor pays for it: then what is said below about orders applies. Of a download link we keep only a fingerprint until it expires, of a discount code from a list only when it went out, both without any details of the visitor. We erase a signup 30 days after an unsubscribe, or 30 days after a confirmation failed to arrive, and otherwise when the form or the site is deleted. Of an order we erase the name and addresses 90 days after the payment, and an order never paid after 30 days. The forms service keeps an IP address in memory for only a few minutes. Bunny keeps hosting logs for a short time. A name and message a donor had shown on the site stay there until the form or the site is gone, and at most one year after the form's last day. When a form keeps submissions, we erase each one a year after it came in, or sooner when the customer removes it. Our mail service keeps mail to a forwarding address for 30 days, so withheld mail can still be forwarded; after that it is deleted.
Confidentiality. Anyone at our end who works with the data is bound to confidentiality.
Security. We take appropriate technical and organisational measures:
- encrypted connections (HTTPS and TLS);
- access only for those who need it, with passkeys and a recent check for administrative actions;
- an audit log;
- encrypted storage of sensitive fields;
- limits against abuse;
- backups of the database.
Sub-processors. The customer consents to these sub-processors:
- Hetzner Online GmbH (Germany): servers and database;
- BunnyWay d.o.o. (Slovenia): delivery of sites;
- TransIP B.V. (Netherlands): servers for sending mail;
- Google (Ireland): backups of the database.
We send mail with Euromailing, a service of Vuurpijl Beheer B.V. itself; it is therefore not a sub-processor. We announce a new sub-processor 30 days in advance. The customer can object and, if we do not resolve it, cancel. We impose the same obligations on sub-processors.
Transfers. We process within the EU. Where a sub-processor processes outside the EU, this happens under the EU-US Data Privacy Framework or the standard contractual clauses.
Rights of data subjects. If a visitor asks us for access, correction or erasure, we forward the request to the customer. The customer can view signups themselves through their AI (scripts.subscribers). We help the customer with their obligations within reasonable limits.
Data breaches. We report a security breach affecting the customer's data without undue delay and in any case within 48 hours after discovering it. We provide the information the customer needs to make their own report.
End. At the end of the service we erase the data within 30 days, except what the law requires us to keep. If the customer wants a copy of their signup list, they request it before the end.
Audit. We give the customer the information needed to verify that we comply with this annex. The customer carries out an audit at their own expense, after 30 days' notice, no more than once a year, by an independent expert bound to confidentiality.
Liability. Article 14 of the terms applies to this annex, to the extent the GDPR allows.
Annex 2. Model withdrawal form
Only complete and return this form if you wish to withdraw from the agreement.
To: Vuurpijl Beheer B.V. (Spaicely), Lagedijk 11A, 2064 KV Spaarndam, info@spaicely.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: [service, site or domain name]
Ordered on: [date]
Name: [name]
Address: [address]
Email address of the account: [email]
Date: [date]