Terms and Conditions

These Terms and Conditions ("Terms") govern the access to and use of the services and web application (the "Platform") provided by pibiCo Compañía de Inteligencia de Negocio y Control SL ("pibiCo," "we," "us," or "our"). pibiCo is a Spanish enterprise incorporated under the laws of Spain and the European Union (EU), with VAT number ESB52567831 and having its registered office at Avenida de la Costa, 35-6T, 33209 Gijon, Asturias, Spain.

By accessing, registering for, or using the Platform, you ("User," "you," or "your") confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. Users will be prompted to accept these Terms (e.g., via a check-box) upon registration or initial access.

1. Description of Services

1.1 Nature of Services: pibiCo provides a business process management solution enhanced with artificial intelligence (AI) and Internet-of-Things (IoT) integrations. The Platform enables Users to store, register, report, manage, and analyze data related to their business processes. Data may be entered directly by Users, imported from their devices or equipment via IoT connections, or obtained through APIs and MQTT or TCP protocols authorized by the User.

1.2 Data Processing and Analysis: The Platform processes User and device-generated data to produce reports, key performance indicators (KPIs), analytics, and business intelligence (BI) outputs. AI and machine learning models—operated locally on pibiCo's servers or through third-party APIs—may analyze the data to deliver insights and enhancements to business processes.

2. User Eligibility and Registration

2.1 User Eligibility: Users must be at least 16 years old and must be authorized or employed by a legally recognized company, business entity, or sole proprietor to register for and use the Platform. By registering, you warrant that you meet these requirements.

2.2 Registration: There is no guest mode. All Users must register for an account to access the Platform. Upon registering, Users or the contracting company must sign a subscription contract governing the business terms of use. Once subscribed, the contracting company may introduce authorized Users to the Platform.

2.3 Acceptance of Terms: By checking the acceptance box or otherwise indicating your agreement when prompted, you agree to be bound by these Terms. If at any time you do not accept these Terms, you must discontinue use of the Platform.

3. Subscriptions and Payment Terms

3.1 Subscription Model: Access to the Platform's services is provided on a subscription basis under different tiers (e.g., Standard, Professional, Enterprise). Each tier may include different quotas, limits on the number of Users, documents, data sizes, transactions, or API requests.

3.2 Payment Methods: Subscription fees are billed monthly in advance. Payments may be made through bank direct debit (domiciliaciones), PayPal, or other authorized payment methods. Invoices are generated at the start of each billing cycle.

3.3 Automatic Renewal: Subscriptions renew automatically at the end of each billing period unless canceled in accordance with Section 3.4.

3.4 Cancellation Policy: To avoid charges for the upcoming billing cycle, the contracting company must provide written notice of cancellation before the generation of the invoice at the first day of the next month. No refunds will be issued for previously paid subscription fees.

4. Permitted Use and Prohibited Conduct

4.1 Permitted Use: Users may use the Platform only for legitimate business purposes, in accordance with applicable laws, and in compliance with these Terms.

4.2 Prohibited Conduct: Users must not:

• Misuse the AI features (e.g., training models with illicit data, attempting to bypass AI safeguards).
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Platform or its tools.
• Share login credentials, subscription details, or proprietary Platform content with third parties outside the contracting entity.
• Use the Platform to violate any law, infringe third-party rights, distribute harmful code, or disrupt the operation of the Platform.

4.3 Export of Reports and Data: Users may export reports or aggregated outputs generated by the Platform and use them outside the Platform for their legitimate business purposes. However, direct sharing of the Platform's proprietary methodologies, tools, or confidential materials outside the Platform is strictly prohibited.

5. Intellectual Property and Data Ownership

5.1 User Data: Users or their respective equipment owners retain all rights, title, and interest in the data they input or transmit to the Platform ("User Data"). By using the Platform, you grant pibiCo a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive right to use, process, and store User Data in anonymized form for the purpose of improving our services, analytics, and AI models. pibiCo will not disclose the source of such data in these anonymized use cases.

5.2 AI Outputs: Any AI-generated outputs, reports, or analytics produced from your User Data are your property, provided that the applicable subscription fees are fully paid and your account remains in good standing.

5.3 Platform IP: pibiCo or its licensors own all rights, titles, and interests in and to the Platform's code, design, layout, trademarks, service marks, and any know-how or methodologies related to the Platform. Except for the limited use rights expressly granted to you, no license, right, or interest in any of pibiCo's intellectual property is transferred to you.

6. Third-Party Services and APIs

6.1 Third-Party Integrations: The Platform may integrate with third-party APIs and services, including but not limited to OCR, voice transcription, MQTT brokers, and AI model providers (e.g., Anthropic, OpenAI). By using such integrations, you agree to comply with the respective third-party terms and conditions.

6.2 Liability for Third Parties: pibiCo does not assume any liability for the performance or availability of third-party services. Your use of such services is governed solely by the terms and conditions of those third-party providers.

7. Data Use, Privacy, and Security

7.1 Privacy Policy: Your use of the Platform is also governed by pibiCo's Privacy Policy, which describes how we handle personal data, storage, and data protection measures. You must review and accept our Privacy Policy before using the Platform.

7.2 Data for Improvements: pibiCo may use anonymized, aggregated data to improve the performance, accuracy, and reliability of its AI models, tools, and business process management features.

8. Warranties and Disclaimers

8.1 Service Level and "As Is" Basis: pibiCo endeavors to provide a stable and secure Platform. In the event of any server unavailability, pibiCo will use reasonable efforts to restore availability within 24 hours. Except for this commitment, the Platform is provided "as is" and "as available," without warranties of any kind, whether express or implied.

8.2 No Indirect Damages: pibiCo disclaims liability for any indirect, incidental, consequential, or special damages (including lost profits, business interruption, or loss of data) arising out of or in connection with these Terms or the use of the Platform.

8.3 Liability Cap: Any liability under these Terms shall be limited to the total subscription fees paid by you to pibiCo during the twelve (12) months prior to the event giving rise to the claim.

9. Termination

9.1 Termination by pibiCo: We may terminate or suspend your access to the Platform at any time, without notice, for misuse of tools, reselling or redistributing Platform content, sharing credentials, reverse engineering, copying, or modifying the Platform, or otherwise violating these Terms.

9.2 Termination by User: Individual Users cannot unilaterally terminate their accounts at will. Termination requests must be submitted in writing by the contracting company's authorized representative to pibiCo's support, subject to the contractual agreement between the parties.

10. Governing Law and Jurisdiction

10.1 Applicable Law: These Terms shall be governed by and construed in accordance with the laws of Spain and the EU, without regard to its conflict of law principles.

10.2 Jurisdiction: Any disputes arising from or related to these Terms shall be resolved exclusively in the courts of Gijon, Asturias, Spain. No arbitration mechanism is provided.

11. Changes to the Terms

11.1 Modifications: pibiCo reserves the right to modify these Terms at any time. Any changes will be notified to subscribed Users before they become effective, for example by email or by posting a notification within the Platform.

11.2 Acceptance of Modified Terms: Continued use of the Platform after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree to the new Terms, you must discontinue use of the Platform before they take effect.

12. Contact Information

12.1 Contact Details: For inquiries, clarifications, or concerns related to these Terms, please contact us at:

pibiCo Compañía de Inteligencia de Negocio y Control SL
Avenida de la Costa, 35-6T
33209 Gijon, Asturias, Spain
Email: clientes@pibico.es

An internal AI chatbot assistant is also provided on the Platform for immediate support and clarifications.

By registering for and using the Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions.