Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services provided by OurBase IA S.L. ("OurBase", "we", "our", or "us"), a company registered in Spain with address at Plaza Del Conde Del Valle de Suchil 19 2D, Madrid, 28015, Spain.

By accessing or using our services, you agree to be bound by these Terms. If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Definitions

• "Service" means OurBase's AI-powered incident resolution platform, including all related tools, APIs, and features.
• "Customer" means the individual or entity that has agreed to these Terms.
• "User" means any individual authorized by Customer to access the Service.
• "Customer Data" means data submitted by Customer to the Service, including error logs, stack traces, code, and incident information.
• "Outputs" means content generated by the Service, including analysis, recommendations, code fixes, and pull requests.

3. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity.

4. Account Registration

To access the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities under your account

5. Fees and Payment

Access to the Service requires a paid subscription. The following terms apply:

• Billing: Subscriptions are billed monthly in advance.
• Payment: Payment is due at the start of each billing period.
• Taxes: Fees are exclusive of applicable taxes, which you are responsible for paying.
• No Refunds: All fees are non-refundable except as required by law.
• Suspension: We may suspend access for non-payment after providing reasonable notice.

We reserve the right to change pricing with 30 days' notice. Continued use after price changes constitutes acceptance of new pricing.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code
• Use automated means to scrape or extract data from the Service
• Use the Service to transmit malware, viruses, or malicious code
• Benchmark or conduct performance testing without prior written consent
• Conduct security testing, penetration testing, or vulnerability scanning without prior written consent
• Use AI Outputs in ways that violate applicable laws or third-party rights
• Misrepresent AI-generated content as human-created where disclosure is required

7. Customer Data

You retain ownership of your Customer Data. By using the Service, you grant us a limited license to process your Customer Data solely to provide and improve the Service. You represent that:

• You have all necessary rights to submit Customer Data to the Service
• Customer Data does not violate any third-party rights or applicable laws
• You have obtained any required consents for personal data included in Customer Data

We handle Customer Data in accordance with our Privacy Policy.

8. Intellectual Property & Outputs

Our IP: The Service, including all software, algorithms, and documentation, is owned by OurBase and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service.

Outputs: You own the Outputs generated by the Service from your Customer Data, including code fixes, pull requests, and analysis. You may use Outputs for any lawful purpose.

Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free license to use such feedback without restriction or compensation.

9. AI Model Improvement

With your explicit consent, we may use anonymized and aggregated data derived from your use of the Service to improve our AI models and the Service. This data will be stripped of identifying information and cannot be used to identify you or your organization. You can opt out of this at any time through your account settings.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue features with reasonable notice. We are not liable for any unavailability or modifications to the Service.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

AI-generated Outputs are provided as recommendations and should be reviewed before implementation. We do not guarantee the accuracy, completeness, or suitability of any Outputs.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OurBase shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
• Our total liability for any claims arising from these Terms or the Service shall not exceed the fees paid by you in the 12 months preceding the claim.
• These limitations apply regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

These limitations do not apply to liability arising from willful misconduct or gross negligence, or where prohibited by applicable law.

13. Indemnification

You agree to indemnify and hold harmless OurBase and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your Customer Data; or (d) your violation of any third-party rights.

14. Termination

Either party may terminate these Terms at any time by providing notice. We may suspend or terminate your access immediately if you breach these Terms or engage in conduct harmful to us or other users.

Upon termination:

• Your right to access the Service ends immediately
• You may request export of your Customer Data within 90 days
• Customer Data will be permanently deleted 90 days after termination
• Sections relating to IP, liability, indemnification, and dispute resolution survive termination

15. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or infrastructure failures, or pandemics.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17. Governing Law & Disputes

These Terms are governed by the laws of Spain, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved exclusively in the courts of Madrid, Spain. Both parties consent to the personal jurisdiction of such courts.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days.

18. General

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and OurBase.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

19. Contact

For questions about these Terms, please contact us: