Clear terms for using Inceptiva.

Introduction

These Terms of Service govern the access to, contracting and use of the products, applications, platforms and services offered under the Inceptiva brand by KUZTOMER TECH IBERIA, S.L (hereinafter, "Inceptiva", the "Company" or the "Provider").

These Terms constitute a legally binding agreement between KUZTOMER TECH IBERIA, S.L and the natural or legal person who accesses, contracts or uses the services of Inceptiva (hereinafter, the "Client"), as well as, where applicable, any users authorised by them to use the services.

By creating an account, purchasing a plan or using the services of Inceptiva, the Client declares that they have read and understood these Terms of Service and agree to be bound by them. When a person accepts these Terms on behalf of a company, organisation or other legal entity, they declare that they have sufficient authority to bind such entity.

These Terms apply to the services provided by Inceptiva, including the features available through its applications, interfaces, APIs, SDKs, artificial intelligence agents, tools, integrations, channels and other components that form part of the contracted service, in accordance with the functionalities available at any given time and the specific conditions of the Client’s plan.

The use of certain services or features may be subject to additional or specific conditions. Likewise, the processing of personal data will be governed by the Privacy Policy and, where Inceptiva processes personal data on behalf of the Client, by the corresponding Data Processing Agreement (DPA).

In the event of a conflict between these Terms of Service and any specific terms expressly agreed between KUZTOMER TECH IBERIA, S.L and the Client, the latter shall prevail with respect to those matters expressly regulated therein.

If the Client does not accept these Terms of Service, they must not create an account, contract or use the services of Inceptiva.

Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings set out below:

• Inceptiva: the trade mark under which KUZTOMER TECH IBERIA, S.L provides the services governed by these Terms.

• Service or Services: the set of products, applications, platforms, features, APIs, SDKs and other technological services offered by Inceptiva and made available to the Client in accordance with the contracted Plan.

• Client: the natural or legal person who contracts or uses the Inceptiva Services, accepts these Terms, and is the holder of an Organisation. Where the Client is a legal entity, it shall act through its corresponding authorised Users.

• Organisation: a logical space associated with the Client within Inceptiva, used to manage users, agents, knowledge, tools, configurations and other resources linked to the Client.

• User: a natural person authorised to access and use the Services, either as the holder of an account or as a member of an Organisation.

• Organisation Administrator: a User to whom the Client has granted administrative permissions over an Organisation to manage, within the scope of their powers, users, permissions, configurations, subscriptions and other available resources. The specific powers may depend on the role assigned within the Organisation.

• Artificial Intelligence Agent or AI Agent: a configurable system created or managed via Inceptiva that uses artificial intelligence models and which may, depending on its configuration, generate responses, consult knowledge, use tools, execute actions or interact with other systems.

• Agent Team: a set of AI Agents configured to collaborate, coordinate or participate jointly in the execution of certain tasks or processes.

• Knowledge: information, documents, files, data and other content incorporated or connected by the Client so that it may be used by the AI Agents according to their configuration.

• Client Content: any information, data, document, file, instruction, configuration, prompt, communication or other content provided, uploaded, connected or transmitted by the Client or its Users via the Services. For the purposes of these Terms, where applicable, it shall also include the results generated for the Client through use of the Services, without prejudice to the specific conditions applicable to such results and to third-party services used to generate them.

• Tool: capability enabled so that an AI Agent may consult information, carry out operations or execute certain actions within or outside of Inceptiva.

• Integration: an enabled connection between Inceptiva and an external service, application, platform or system that allows for the exchange of information or the execution of certain functionalities. Integrations may be provided directly by Inceptiva or may rely on third-party services.

• Channel: a means through which an AI Agent may be made available to, or interact with, end users, such as a web widget or other compatible channels.

• Conversation: interaction held between a User or end user and one or more AI Agents via the Services.

• Plan: a form of subscription that determines the features, capabilities, limits and financial conditions applicable to the use of the Services.

• Subscription: a contractual relationship by which the Client obtains access to a specific Plan for the corresponding period.

• AI Credits: a unit used by Inceptiva to measure the consumption of certain resources and functionalities related to artificial intelligence. The credits included, usage limits, ability to purchase additional credits and other applicable terms and conditions will be those corresponding to the contracted Plan and prevailing commercial terms.

• API: a programming interface provided by Inceptiva that allows access to or interaction with certain functionalities of the Services via software.

• SDK: a set of tools, libraries and development resources provided by Inceptiva to facilitate integration of the Services into external applications or systems.

• Third-Party Provider: any entity other than KUZTOMER TECH IBERIA, S.L that provides products, infrastructures, artificial intelligence models, applications, integrations or other services used or accessible in relation to the Services.

Description of the Service

Inceptiva is a technological platform provided by KUZTOMER TECH IBERIA, S.L that allows its Clients to create, configure, manage, deploy, and monitor agents and solutions based on artificial intelligence.

Through the Services, and depending on the Plan contracted, the available functionalities, and the configuration carried out by the Client, Inceptiva may allow, among other capabilities:

• Create and configure specialised AI Agents for different purposes and use cases.
• Organise AI Agents into Agent Teams to enable their collaboration and coordination in the performance of certain tasks.
• Incorporate and manage Knowledge by means of documents, files, information sources, or connections to external systems.
• Maintain Conversations and interactions with AI Agents.
• Enable Tools so that the AI Agents can consult information or execute certain actions.
• Configure Integrations with external applications, platforms, and services.
• Publish or make available AI Agents through the Channels compatible with the platform.
• Design and execute workflows that allow the coordination of agents, tools, data, and actions.
• Consult information relating to the usage, activity, consumption, and operation of the resources available on the platform.
• Access certain functionalities via API, SDK, or other integration mechanisms when included in the corresponding Plan.

The specific functionalities available to each Client will depend on the Plan contracted, the configuration of their Organisation, the applicable usage limits, and, where applicable, the contracting or activation of additional functionalities, integrations, or services.

Certain functionalities of Inceptiva may depend on artificial intelligence models, infrastructures, applications, APIs, or other services provided by Third-Party Providers. The availability and operation of such functionalities may be subject to the characteristics, limitations, and availability of those external services.

Inceptiva may develop, update, improve, or modify the Services with the aim of introducing new functionalities, enhancing existing ones, maintaining the security and stability of the platform, or adapting it to technological, regulatory, or market changes, in accordance with the provisions of these Terms.

Unless expressly agreed otherwise, the contracting of the Services grants the Client a right of access and use during the validity of their Subscription and within the limits established for the contracted Plan, without this implying the transfer of ownership of the platform, software, or technology of Inceptiva.

Account Creation

To access certain functionalities of the Inceptiva Services, it will be necessary to create a user account and, where applicable, associate it with an Organisation.

The User must provide the requested information during the registration process and ensure that such information is truthful, accurate, and kept reasonably up-to-date while using the Services.

The creation and use of an account is reserved for individuals with sufficient legal capacity to accept these Terms. Where the User acts on behalf of a company, organisation, or another legal entity, they declare that they have the necessary powers or authorisations to act on its behalf and, where applicable, to bind it to these Terms.

Access to the account may be carried out through the authentication mechanisms enabled by Inceptiva at any given time, including own credentials or external identity providers. The User shall be responsible for maintaining the confidentiality of their credentials and for taking reasonable measures to prevent unauthorised access to their account.

Accounts are personal and should not be shared between different individuals. The User shall be responsible for any activity carried out through their account, except where such activity arises from circumstances not attributable to the User or from actions for which KUZTOMER TECH IBERIA, S.L is legally responsible.

The User must inform Inceptiva, as soon as they become aware, of any loss of credentials, unauthorised access, misuse of their account or any other circumstance that may compromise its security, using the official support or security channels enabled by the Company for this purpose.

KUZTOMER TECH IBERIA, S.L may implement mechanisms for email verification, multi-factor authentication, enhanced authentication, or other security measures intended to protect the accounts, the Services, and the information managed through the platform.

Registration of an account does not in itself guarantee access to all functionalities of Inceptiva. The functionalities available shall be determined by the Organisation to which the User belongs, their permissions, the contracted Plan and the other conditions applicable to the Services.

Organisations and Users

The Inceptiva Services are structured around Organisations, which constitute the domain within which the Client may manage their Users, AI Agents, Knowledge, Tools, Integrations, configurations, and other available resources.

The Client shall be responsible for the administration of their Organisation and for determining which individuals are authorised to access it. Users may be invited, onboarded, modified, or removed in accordance with the management mechanisms and permissions available on the platform.

Each User must use their own personal account. Access to an Organisation shall be conditional upon the existence of a valid membership or authorisation and upon the roles and permissions assigned to them.

The Client may designate one or more Organisation Administrators and assign different roles and permissions to its Users. The scope of actions each User may perform will depend on the effective permissions associated with their account and on the functionalities available within the contracted Plan.

The Client is responsible for properly managing the accesses granted to their Users and for reviewing, modifying, or revoking such accesses when they are no longer necessary, especially when an individual ceases to be part of their organisation or their functions change.

Organisation Administrators may perform certain actions on behalf of the Client, including managing Users, permissions, configurations, resources and, where they have the corresponding powers, aspects related to the Subscription. The Client shall be responsible for determining which Users are granted such administrative privileges.

A single User may, where the Services permit, belong to multiple Organisations. The resources, configurations, permissions, and data associated with each Organisation shall be managed independently in accordance with the isolation mechanisms and access control established by Inceptiva.

Access to certain functionalities or resources may additionally be conditioned by workspaces, specific permissions, Plan limits, security configurations, or other control mechanisms available in the Services.

KUZTOMER TECH IBERIA, S.L may limit, suspend, or revoke access where necessary to protect the security of an account or Organisation, prevent unauthorised access, fulfil a legal obligation, or implement the other measures set out in these Terms.

Subscriptions and Plans

Access to certain functionalities of Inceptiva may require the contracting of a Subscription corresponding to one of the Plans available at any given time.

Each Plan may establish different functionalities, usage limits, number of Users, AI Agents, storage capacity, AI Credits, access to Tools, Integrations, Channels, API, SDK or other Service capabilities. The applicable characteristics and financial conditions shall be those shown to the Client at the time of contracting or those expressly agreed between the parties.

The contracting of a Subscription shall grant the Client the right to use the functionalities included in the contracted Plan during its period of validity and within the applicable limits and conditions.

Inceptiva may offer trial periods, free Plans, promotions, or other temporary access modalities to the Services. These modalities may be subject to specific conditions, functionalities or limits and, unless expressly stated otherwise, shall not confer the right to maintain such conditions indefinitely.

The Client may request or perform a Plan change through the mechanisms provided by Inceptiva. The financial effects, the application date, and the modifications of functionalities or limits resulting from the change shall be informed to the Client before confirming the operation.

Where a downgrade to a lower Plan involves limits below the resources used by the Client, Inceptiva may require the Client to first reduce such resources or apply the corresponding restrictions of the new Plan once the change becomes effective. Inceptiva will inform the Client of the applicable conditions before completing the change where this may affect their resources or functionalities.

Certain functionalities, Integrations, capabilities or usage may be contracted as additional services or supplements independent of the main Plan. Their use may be subject to specific prices, limits, and conditions.

The limits included in a Subscription do not necessarily imply the possibility of exceeding such limits through automatic billing. Where Inceptiva allows for capacity upgrades, the purchase of additional AI Credits, or the contracting of other resources, the relevant financial conditions shall be shown to the Client prior to contracting.

Subscriptions may be monthly, annual, or of any other periodicity expressly offered and accepted during contracting.

The conditions relating to billing, renewal, taxes, defaults and other financial aspects of Subscriptions are governed in the Billing and Payments section of these Terms.

Invoicing and Payments

The contracting of a Payment Plan or additional services from Inceptiva shall be subject to the prices and economic conditions shown to the Client at the time of contracting, or expressly agreed between the parties.

Prices shall be expressed in the currency indicated during the contracting process and shall be understood as exclusive of any applicable taxes, unless expressly stated otherwise. The Client shall be responsible for the payment of any taxes, fees or charges that are legally incumbent upon them.

The Client must provide complete, accurate and up-to-date billing information, as well as maintain a valid payment method where the form of contracting so requires.

Where the Subscription is of a recurring nature, the Client authorises the corresponding payment to be charged for each billing period by the selected payment method. Unless expressly stated otherwise during the contracting process, paid Subscriptions shall automatically renew for periods equivalent to the initial period contracted until they are cancelled in accordance with these Terms.

For the management and processing of payments, Inceptiva uses the services of Stripe. Payment details are processed directly by Stripe in accordance with their own terms and privacy policies. KUZTOMER TECH IBERIA, S.L does not store complete payment card information used by the Client, without prejudice to the retention of transaction information, payment references, invoicing and any other data necessary to manage the contractual relationship and comply with applicable legal obligations.

In the event that a payment cannot be completed, Inceptiva may make further attempts to collect the payment and request that the Client update their payment method. If the amount remains outstanding, KUZTOMER TECH IBERIA, S.L may limit or suspend access to the functionalities associated with the Subscription until the situation is rectified, subject to the application of the corresponding communications or deadlines.

The Client may cancel the renewal of their Subscription through the mechanisms provided by Inceptiva. Unless otherwise specified during contracting, cancellation shall take effect at the end of the billing period already paid for, and the Client may continue to use the functionalities corresponding to their Plan until such date.

Amounts corresponding to Subscription periods already commenced shall be non-refundable, except where expressly provided for in the contracted offer, a specific agreement with the Client exists, or a refund is mandatory under the applicable legislation.

The acquisition of additional AI Credits, add-ons, Integrations or other additional services shall be subject to the economic conditions shown to the Client prior to confirming their purchase.

KUZTOMER TECH IBERIA, S.L may modify the prices of Plans or additional services for future periods. Where any modification affects an existing Subscription, Inceptiva will notify the Client with reasonable advance notice before the new price takes effect, enabling them to cancel the renewal of their Subscription should they not wish to continue under the new conditions.

Invoices and other documentation related to the contracting will be made available through the channels provided by Inceptiva or will be sent to the Client using the billing details supplied by them.

Permitted Use of the Service

The Client and its Users must use the Inceptiva Services responsibly, diligently, and in accordance with these Terms, applicable law, and the legitimate rights and interests of third parties.

The Services may be used to create, configure, deploy and manage AI Agents, Teams of Agents, workflows and other available functionalities, as well as to incorporate Knowledge, use Tools, enable Integrations and Channels, and automate tasks or processes, always within the capabilities, permissions and limits relating to the contracted Plan.

The Client shall be responsible for determining the purpose for which they use the Services, properly configuring their resources, and ensuring that they have the rights, authorisations, and legal bases required in respect of the information, data, documents, systems and services they incorporate, connect or use through Inceptiva.

When the Client uses the Services to interact with third parties or makes AI Agents available to end users, they shall be responsible for ensuring that such use complies with the regulations applicable to their activity and for providing, where appropriate, the information, notices or consent mechanisms that are legally required.

The Client must configure and supervise the AI Agents, Tools, Integrations and other automation mechanisms in accordance with the level of risk and the nature of the tasks assigned to them, applying appropriate human supervision where necessary.

The Client and its Users must comply with the technical, functional and consumption limits established for their Plan and use the Services in such a way as not to compromise the security, stability, availability or operation of the platform nor negatively affect other clients or users.

Access to certain functionalities may require specific permissions, additional configuration, or the acceptance of specific terms. The technical availability of a functionality does not imply that it may be used for any purpose if such use is contrary to applicable law, these Terms or the rights of third parties.

The Client shall be responsible for the use of the Services by its Users and must take reasonable steps to ensure that persons they authorise to access the Services are aware of and comply with the applicable conditions.

Prohibited Use

The Client and its Users may not use the Inceptiva Services to carry out illicit, fraudulent, abusive activities or activities contrary to these Terms, nor to facilitate third parties in undertaking such activities.

In particular, it is prohibited to use the Services to:

• Infringe any applicable law, regulation, administrative or judicial resolution.
• Violate the rights of third parties, including intellectual and industrial property rights, privacy, data protection, confidentiality, image, or any other legitimate right.
• Introduce, store, distribute, or execute malware, viruses, malicious code or any other element designed to damage, alter, interfere with, or gain unauthorised access to systems, networks, devices or information.
• Attempt unauthorised access to Inceptiva’s, other Clients', or third parties' accounts, Organisations, systems, networks, data, or resources.
• Circumvent, deactivate, manipulate or interfere with authentication, authorisation, security, consumption limits, access controls, technical restrictions or protection measures implemented in the Services.
• Carry out activities intended to compromise, degrade, overload, or disrupt the security, availability, integrity or functioning of the Services.
• Use the Services to conduct fraud, identity theft, phishing, spam, or other deceptive or abusive practices.
• Use AI Agents, Tools, Integrations, Channels or workflows to perform actions on systems or information for which the Client does not have the necessary authorisations.
• Incorporate, connect, process or use data, documents or content when the Client does not have the necessary rights, permissions or legal bases to do so.
• Use the Services to generate, distribute or facilitate content or activities whose creation, distribution or use is unlawful under the applicable legislation.
• Use the Services to make automated decisions in areas where the applicable legislation requires human intervention, specific safeguards or additional requirements, unless the Client has implemented such safeguards and can legally use the Service for that purpose.
• Use the Services in such a way that it intentionally leads third parties to believe they are interacting with a person when applicable regulations require they be informed they are interacting with an artificial intelligence system.
• Reverse engineer, decompile, disassemble, copy or attempt to obtain the source code, algorithms, internal components or trade secrets of the Services, except in cases expressly permitted by a mandatory regulation.
• Resell, sublicense, assign or make the Services available to third parties outside the functionalities, Channels or modalities expressly enabled by Inceptiva or agreed with the Client.
• Use automated mechanisms designed to excessively consume resources, artificially exceed the Plan’s limits or circumvent the measurement, control or billing systems established by Inceptiva.

The Client shall be responsible for taking reasonable measures to prevent its Users from using the Services contrary to these restrictions and must cooperate with Inceptiva when it becomes aware of any unauthorised use or use contrary to these Terms.

When KUZTOMER TECH IBERIA, S.L detects reasonable indications of illicit, fraudulent use or use that could seriously compromise the security or integrity of the Services, it may adopt proportional measures to prevent or limit the effects, including restricting or temporarily suspending certain functionalities or access, without prejudice to the measures provided for in the section Suspension and termination of service.

The application of these restrictions shall be carried out in compliance with applicable legislation and, where appropriate, the specific obligations arising from European Union regulations regarding digital services, data protection and artificial intelligence.

Artificial Intelligence Agents

The Inceptiva Services allow the Client to create, configure, manage and use AI Agents capable of generating responses, consulting Knowledge, using Tools, executing actions, participating in workflows, collaborating with other AI Agents and interacting with systems or end users, depending on their configuration and the available functionalities.

The AI Agents use artificial intelligence models and technologies which, by their nature, produce results probabilistically. Accordingly, the responses, recommendations, classifications, summaries, actions or other results generated via the Services may contain errors, inaccuracies, omissions or unexpected outcomes, even when the information used as context is correct.

The Client is responsible for configuring the AI Agents in accordance with the intended purpose of their use, determining the Knowledge sources, Tools, Integrations, permissions and other capabilities they may access, as well as establishing such instructions and restrictions as it deems necessary.

The Client must apply an appropriate level of human supervision according to the nature, context and risk of each use case. In particular, it must not rely solely on results generated by AI Agents to make decisions which may produce legal effects or significant consequences for individuals where the applicable legislation requires human intervention, additional assessment or other specific safeguards.

Results generated by AI Agents do not by themselves constitute professional, legal, medical, financial, tax or any other specialised advice. When the Client uses the Services in contexts that require professional expertise or may produce relevant consequences, it shall be responsible for establishing appropriate review and oversight mechanisms, without prejudice to the responsibilities corresponding to KUZTOMER TECH IBERIA, S.L in accordance with applicable law.

When an AI Agent may execute actions through Tools, Integrations, workflows or other automation mechanisms, the Client shall be responsible for properly configuring their permissions, scope and execution conditions, especially where such actions may modify information, communicate with third parties or impact external systems.

Certain artificial intelligence functionalities may use models or services provided by Third-Party Providers. The availability, features and behaviour of such models may vary as a result of modifications made by their respective providers. Inceptiva may replace, incorporate or update the models used as long as this does not materially and unjustifiably alter the essential nature of the contracted Service.

KUZTOMER TECH IBERIA, S.L does not guarantee that the results generated through artificial intelligence will always be accurate, complete, unique or appropriate for a specific purpose. The Client must assess the suitability of results before using them where they may affect its operations, third parties, or relevant decisions.

The Client must use AI Agents in accordance with applicable law and, where appropriate, comply with all obligations required in terms of transparency, human supervision, providing information to affected individuals, record keeping, risk assessment and any other requirements arising from applicable artificial intelligence legislation.

Nothing in this section shall exclude or limit any obligations or liabilities that KUZTOMER TECH IBERIA, S.L may have as the provider of the Services under applicable law.

Customer Knowledge and Content

The Customer retains all rights, title and interest they are entitled to in relation to the Customer Content, including documents, data, files, instructions, configurations, prompts, communications and any other information that they incorporate, connect or transmit through the Inceptiva Services.

The use of the Services does not entail the transfer to KUZTOMER TECH IBERIA, S.L of ownership of the Customer Content.

The Customer grants KUZTOMER TECH IBERIA, S.L, for the time and to the extent strictly necessary to provide the Services, the necessary rights to host, store, reproduce, process, transmit, index, technically transform and use the Customer Content exclusively for the purpose of providing, maintaining, protecting and executing the functionalities requested by the Customer.

This may include, when required for the functionalities used, operations such as extraction and processing of information, segmentation of documents, generation of vector representations, indexing, information retrieval, incorporation of context to AI Agents and transmission of the necessary information to artificial intelligence models, Tools, Integrations or Third-Party Providers used to provide the Service.

The Customer is responsible for ensuring that they possess the necessary rights, authorisations and legal bases to incorporate and process the Customer Content using Inceptiva, including in cases where such content contains personal data, confidential information, third-party intellectual property or other information subject to legal or contractual restrictions.

KUZTOMER TECH IBERIA, S.L does not acquire any rights over the Customer Content other than those strictly necessary to provide the Services or to comply with any applicable legal obligations.

When use of the Services produces responses, documents, summaries, content or other results generated by artificial intelligence for the Customer, the Customer may use them within the scope of the Services and for their own purposes, subject to applicable law, third-party rights and any terms that may apply to the models or services of Third-Party Providers used for their generation.

Due to the nature of artificial intelligence systems, the results generated may not be exclusive and other users or systems may obtain identical or similar results. Inceptiva does not guarantee the exclusivity of results generated through the Services.

The processing of personal data included in the Customer Content shall be carried out in accordance with the applicable data protection regulations and, where KUZTOMER TECH IBERIA, S.L acts as the data processor on behalf of the Customer, shall be governed by the corresponding Data Processing Agreement (DPA).

The retention, export, return and deletion of the Customer Content after cancellation or termination of the Services shall be carried out in accordance with the conditions established in these Terms, the DPA where applicable, and the current retention policies.

Tools and Integrations

The Inceptiva Services may allow the Customer to enable Tools and Integrations to extend the capabilities of AI Agents, access information, connect with external applications or systems, and perform certain actions.

The Customer shall be responsible for selecting, configuring and authorising the Tools and Integrations used in its Organisation, as well as for determining which Users, AI Agents or Agent Teams may have access to them and which operations they are authorised to perform.

When a Tool or Integration permits the execution of actions which have effects on systems, data or third parties, the Customer must configure the permissions and control mechanisms appropriate to the risk level of such actions and establish, where necessary, confirmation, approval or human supervision mechanisms.

To use certain Integrations, the Customer may need to authorise Inceptiva to access external services via credentials, tokens, OAuth mechanisms or other authorisation systems. Inceptiva will use such authorisations solely to the extent necessary to provide the functionalities enabled by the Customer and in accordance with the applicable terms.

The Customer declares that they possess the necessary rights and authorisations to connect to Inceptiva the systems, accounts, applications, data and external resources used through the Tools and Integrations.

Certain Tools and Integrations may depend on services provided by Third-Party Providers and be subject to their own terms of use, policies, technical limitations, fees or availability requirements. The Customer shall be responsible for maintaining, as applicable, the necessary accounts, licences and authorisations to use such services.

KUZTOMER TECH IBERIA, S.L does not control services provided directly by third parties and does not guarantee their availability, continuity or operation. Changes, restrictions, interruptions or termination of external services may affect the corresponding Integrations.

Inceptiva may modify, replace, limit or discontinue a Tool or Integration when necessary for technical, security, legal or contractual reasons, or as a result of changes made by the relevant Third-Party Provider. When such modification materially affects a contracted functionality, Inceptiva will take reasonable steps to inform the Customer and, where possible, provide an alternative.

The Customer must not use Tools or Integrations to access, modify, transmit or perform actions on information, accounts or systems with respect to which they do not have sufficient authorisation.

The processing of personal data through Tools and Integrations will be subject to the applicable data protection regulations and, where appropriate, to the Data Processing Agreement (DPA) and to the terms applicable to the involved Third-Party Provider.

Service Availability

KUZTOMER TECH IBERIA, S.L will make reasonable efforts to keep the Inceptiva Services available, secure, and operational, in accordance with the characteristics and conditions corresponding to the Contracted Plan.

However, unless there is a Service Level Agreement (SLA) or another specific commitment expressly applicable to the Client, Inceptiva does not guarantee a certain level of availability, continuity, or absence of interruptions to the Services.

The Services may be temporarily affected by maintenance tasks, updates, improvements, technical incidents, actions necessary to preserve the security or stability of the platform, emergency situations, or circumstances beyond the reasonable control of KUZTOMER TECH IBERIA, S.L.

Where reasonably possible, Inceptiva will endeavour to plan maintenance operations that may significantly affect the availability of the Services and to communicate any scheduled interruptions that are likely to have a relevant impact on Clients.

Certain functionalities may depend on infrastructures, networks, artificial intelligence models, APIs, Integrations or other services provided by Third Party Providers. Interruptions, modifications, restrictions or incidents in such services may temporarily affect certain functionalities of Inceptiva.

KUZTOMER TECH IBERIA, S.L may adopt temporary measures intended to protect the security, integrity, or stability of the Services, including limiting certain functionalities, connections, Integrations, or accesses where there is a reasonable risk to the platform, its Clients, Users, or third parties.

Inceptiva maintains a public service status page, accessible at https://status.inceptiva.com, where Clients and Users can consult information about the operational status of the main components of the platform, as well as any incidents or service interruptions reported through that channel.

When a Plan, contract or specific agreement includes express commitments regarding availability, response times, support or compensation for non-compliance, such commitments shall be governed by the corresponding Service Level Agreement (SLA) or by the particular conditions agreed with the Client.

Intellectual Property

The Inceptiva Services, including its software, code, architecture, interfaces, designs, functionalities, documentation, API, SDK, databases, graphic elements, trademarks, logos, trade names and any other components forming part of the platform, are owned by KUZTOMER TECH IBERIA, S.L or its respective licensors and are protected by the applicable laws on intellectual and industrial property.

The contracting or use of the Services does not imply the transfer of any ownership rights over Inceptiva, its technology or its components to the Client.

During the validity of the Subscription, and subject to compliance with these Terms, KUZTOMER TECH IBERIA, S.L grants the Client a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services in accordance with the Contracted Plan and exclusively for the purposes permitted by these Terms.

The Client may not copy, modify, distribute, sell, lease, sublicense, commercialise or exploit the Services or any of their components outside the modalities expressly permitted by Inceptiva, nor may the Client reverse engineer, decompile or attempt to obtain their source code, except in those cases where such actions are expressly permitted by mandatory law.

The rights relating to the Client Content shall be governed by the provisions set forth in the section Client Knowledge and Content of these Terms. KUZTOMER TECH IBERIA, S.L does not acquire ownership over such content by the fact that it is stored, processed, or used by means of the Services.

The Services may incorporate or depend on software, artificial intelligence models, libraries, open-source components, or other technologies provided by Third Party Providers. These elements shall remain subject to the rights, licences and conditions that correspond to their respective holders.

Where the Client voluntarily provides Inceptiva with suggestions, comments, or proposals for improvement related to the Services, KUZTOMER TECH IBERIA, S.L may use them to develop, improve or evolve its products and services, provided that this does not involve the use of Client Content, confidential information or personal data for purposes other than those authorised.

Nothing in these Terms shall be construed as an assignment or transfer of intellectual or industrial property rights other than the licences and rights of use expressly established herein.

Data Protection

KUZTOMER TECH IBERIA, S.L shall process personal data relating to the contracting, administration, and use of the Inceptiva Services in accordance with the applicable regulations on personal data protection, including Regulation (EU) 2016/679, General Data Protection Regulation (GDPR), and Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

When KUZTOMER TECH IBERIA, S.L determines the purposes and means of the processing of personal data, it shall act as the data controller. Information regarding such processing, including its purposes, legal bases, recipients, retention periods, and data subjects’ rights, is included in the Inceptiva Privacy Policy.

When the Client incorporates, connects, transmits, or processes personal data through the Services and KUZTOMER TECH IBERIA, S.L processes it on behalf of and following the instructions of the Client, the Client shall generally act as the data controller and KUZTOMER TECH IBERIA, S.L as the data processor, without prejudice to those cases in which the parties may assume a different position in accordance with the applicable regulations.

In those cases where KUZTOMER TECH IBERIA, S.L acts as a data processor, the conditions applicable to the processing of personal data shall be governed by the corresponding Data Processing Agreement (DPA), which shall form part of the contractual relationship between the parties where applicable.

The Client shall be responsible for ensuring that the personal data incorporated or processed through the Services has been obtained and is processed in accordance with the applicable legislation, including the existence of an appropriate legal basis and compliance with the information obligations to the data subjects.

KUZTOMER TECH IBERIA, S.L shall adopt appropriate technical and organisational measures to protect personal data processed through the Services, in accordance with the nature of the processing and the existing risks. The measures applicable to processing performed on behalf of the Client shall be described in greater detail in the DPA and the corresponding security documentation.

When the provision of the Services requires the involvement of suppliers who process personal data on behalf of KUZTOMER TECH IBERIA, S.L, their use shall take place in accordance with the applicable regulations and, where appropriate, with the conditions regarding sub-processors established in the DPA.

Any international transfers of personal data that may be necessary for the provision of the Services shall be carried out using the mechanisms and safeguards recognised by the applicable regulations.

Nothing in these Terms shall modify the obligations and responsibilities respectively incumbent on the Client and KUZTOMER TECH IBERIA, S.L in accordance with current regulations on the protection of personal data.

Confidentiality

Each party may have access, during the contracting or use of Inceptiva Services, to confidential information belonging to the other party.

Confidential Information shall be understood to mean any information of a technical, commercial, financial, strategic, organisational, or any other nature that is identified as confidential or that, in view of the circumstances in which it is communicated and its nature, should reasonably be understood as such.

The Client’s Confidential Information shall include, among other elements, non-public business information incorporated or provided through the Services, without prejudice to the specific regime applicable to Client Content established in these Terms.

KUZTOMER TECH IBERIA, S.L’s Confidential Information shall include, among other elements, non-public information relating to the architecture, technology, software, internal operations, technical documentation, business strategies, non-public prices, security measures, and other proprietary confidential information of Inceptiva.

Each party undertakes to:

• Use the other party’s Confidential Information solely for purposes related to the provision, receipt, administration, or use of the Services.
• Take reasonable measures to protect it against unauthorised access, use, or disclosure.
• Limit access to such information to those persons, employees, collaborators, advisers, or suppliers who need to know it for the relevant purposes and who are subject to appropriate confidentiality obligations.
• Not disclose Confidential Information to third parties except with the authorisation of the other party or where such disclosure is necessary for the provision of the Services or is required by applicable law.

Information shall not be considered Confidential Information where the receiving party can demonstrate that:

• It was in the public domain at the time of its disclosure or has subsequently become so without breach of these obligations.
• It was already lawfully in its possession before receiving it from the other party.
• It has been lawfully obtained from a third party without a confidentiality obligation.
• It has been independently developed without use of the other party’s Confidential Information.

Where a party is legally obliged to disclose the other party’s Confidential Information, it may do so only to the extent required by the regulation or competent authority and, where legally possible, shall inform the other party in advance so that it may take such measures as it deems appropriate.

The confidentiality obligations shall remain in force during the contractual relationship and, after its termination, for as long as the information reasonably retains its confidential nature, without prejudice to any longer periods that may be required under applicable law or specific agreements between the parties.

The obligations set out in this section are without prejudice to the specific obligations of confidentiality and security applicable to personal data in accordance with the Data Processing Agreement (DPA) and current regulations on data protection.

Suspension and cancellation of the service

The Client may cancel their Subscription through the mechanisms enabled by Inceptiva or via the channels established for such purpose.

Unless expressly stated otherwise in the conditions of the contracted Plan, cancellation will prevent the automatic renewal of the Subscription and will take effect at the end of the current billing period. Until that date, the Client may continue using the Services corresponding to their Plan, provided that they continue to comply with these Terms.

KUZTOMER TECH IBERIA, S.L may limit or temporarily suspend access to all or part of the Services where there is a reasonable cause justifying such action, including:

• Material breach of these Terms.
• The existence of overdue and unpaid payments.
• Detection of illicit, fraudulent, or abusive activities.
• The existence of a risk to the security, integrity, availability, or functioning of the Services.
• Unauthorised access or a potential breach of an account's or Organisation’s security.
• Use of the Services in a manner that may cause harm to Inceptiva, other Clients, Users, or third parties.
• Compliance with a legal obligation, court order, administrative requirement, or binding request from a competent authority.

Whenever circumstances allow and there is no immediate risk to security, the Services, or third parties, Inceptiva will endeavour to inform the Client of the cause of the suspension and offer, when reasonable, the possibility of remedying the breach before taking any final action.

In urgent situations related to security, illicit activities, fraud, unauthorised access, or serious risks to the platform or third parties, KUZTOMER TECH IBERIA, S.L may take immediate suspension measures and subsequently inform the Client of the circumstances that motivated them, to the extent that such communication is legally possible.

KUZTOMER TECH IBERIA, S.L may terminate the contractual relationship and definitively cancel an account or Organisation when there is a serious or repeated breach of these Terms, when a remediable breach has not been corrected within a reasonable period after its notification, or when necessary to comply with a legal obligation.

Termination of the Subscription may entail the loss of access to functionalities, AI Agents, Knowledge, configurations, Conversations and other resources associated with the Organisation.

Where the available functionalities permit, the Client may have mechanisms to export certain data or content before the effective termination of the Service. The availability, scope, and format of such functionalities will depend on the characteristics of the corresponding Service.

Following termination of the contractual relationship, KUZTOMER TECH IBERIA, S.L shall retain or delete the Client’s Content in accordance with applicable retention periods and procedures, existing legal obligations, and, where appropriate, the provisions of the Data Processing Agreement (DPA).

The cancellation or termination of Services shall not affect those obligations which, by their nature or by express provision of these Terms, are required to remain in force after the end of the contractual relationship, including those relating to intellectual property, confidentiality, data protection, pending liabilities and amounts accrued.

Limitation of liability

KUZTOMER TECH IBERIA, S.L shall provide the Inceptiva Services with the reasonably required diligence and in accordance with these Terms and applicable legislation.

The Client acknowledges that the Services are based on complex technological systems and that certain functionalities depend on artificial intelligence models, infrastructures, networks, APIs, Integrations, and other proprietary or Third-Party Provider services. Consequently, unless there is a specific contractual commitment, it cannot be guaranteed that the Services will operate uninterruptedly, be permanently error-free, or meet all of the Client’s particular needs.

Artificial intelligence systems may generate incorrect, incomplete, inaccurate, or unexpected results. The Client shall be responsible for evaluating the suitability of such results and for establishing monitoring and review mechanisms appropriate to the nature and risk of the use made, in accordance with the section Artificial Intelligence Agents.

Within the limits permitted by applicable legislation, KUZTOMER TECH IBERIA, S.L shall not be liable for damages or losses arising from:

• Use of the Services contrary to these Terms, the applicable documentation or current legislation.
• Configurations, instructions, permissions, automations, or decisions established by the Client or their Users.
• Use of results generated by artificial intelligence without adequate supervision or validation where this is reasonably necessary.
• Client Content in respect of which the Client does not have the necessary rights, authorisations, or legal bases.
• Actions executed via Tools or Integrations as a result of configurations or authorisations established by the Client.
• Interruptions, modifications, errors, or unavailability of services provided directly by Third-Party Providers that are outside the reasonable control of KUZTOMER TECH IBERIA, S.L.
• Unauthorised accesses arising from the failure by the Client or their Users to comply with their obligations regarding credential protection and access management.
• Circumstances of force majeure or events reasonably beyond the control of KUZTOMER TECH IBERIA, S.L.

Unless applicable legislation provides otherwise or there is a specific agreement with the Client, KUZTOMER TECH IBERIA, S.L shall not be liable for indirect, incidental, special, or consequential damages, nor for loss of profits, revenue, business opportunities, reputation, or data that are not a direct consequence of a breach attributable to the Company.

Where it is legally permissible to establish a quantitative limitation of liability, the total aggregate liability of KUZTOMER TECH IBERIA, S.L arising from or relating to the Services shall be limited to the amount actually paid by the Client to Inceptiva for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

The above limitation shall not apply where the liability arises from wilful misconduct, gross negligence, or any other circumstance where liability cannot be excluded or limited under applicable law.

The limitations set out in this section shall not affect the rights to which the Client is entitled under mandatory rules nor the obligations or liabilities that legally correspond to KUZTOMER TECH IBERIA, S.L.

Modifications to the Service and the Terms

KUZTOMER TECH IBERIA, S.L may update, modify, expand or evolve the Services of Inceptiva in order to incorporate new functionalities, improve existing ones, adapt the platform to technological or regulatory changes, enhance its security or performance, or respond to evolving market needs.

As a result of such evolution, certain functionalities may be modified, replaced or withdrawn. When a change materially affects a functionality included in the contracted Plan, Inceptiva will endeavour to inform the Client with reasonable advance notice, except where the modification is immediately necessary for reasons of security, legal compliance, action by a Third Party Provider or other circumstances that do not permit such prior notification.

KUZTOMER TECH IBERIA, S.L may likewise modify these Terms in order to adapt them to legislative or regulatory changes, incorporate new functionalities or means of providing the Services, clarify certain provisions, or reflect relevant changes in the functioning of Inceptiva.

The current version of the Terms will be available through Inceptiva’s official channels and will indicate the date of its latest update and, where applicable, its date of entry into force.

Where a modification to the Terms is materially relevant to the rights or obligations of the Client, KUZTOMER TECH IBERIA, S.L shall inform of such modification with reasonable advance notice by email, notification within the platform, or another appropriate channel.

Where the nature of the modification or the applicable legislation requires a new express acceptance by the Client, Inceptiva shall request such acceptance before the new conditions become applicable in the terms legally required.

Modifications that are necessary to comply with a legal obligation, a ruling by a competent authority, an urgent security requirement, or an equivalent circumstance may enter into force without the ordinary notice period where necessary.

If the Client does not agree with a material modification of these Terms that becomes applicable to their Subscription, they may cancel their renewal prior to the entry into force of the new conditions, without prejudice to any additional rights they may have under applicable legislation.

Continuing to use the Services after a modification enters into force may imply acceptance of the updated Terms where legally valid and provided the Client has been duly informed of the modification.

Applicable Law and Jurisdiction

These Terms of Service, as well as the contractual relationship between the Client and KUZTOMER TECH IBERIA, S.L, shall be governed by and interpreted in accordance with Spanish law and the European Union regulations that are directly applicable.

The parties shall endeavour to resolve in good faith any dispute, conflict or claim relating to the interpretation, validity, execution or fulfilment of these Terms before initiating, where reasonable, the corresponding legal proceedings.

Unless a mandatory provision establishes another competent jurisdiction or the parties have expressly agreed different specific conditions, any dispute arising from these Terms or from the use of the Services shall be submitted to the Courts and Tribunals of Madrid.

Where the Client has the legal status of consumer or user, or in any other circumstance subject to mandatory territorial jurisdiction rules, the competent Courts and Tribunals shall be those determined by the applicable legislation, such that the submission set forth in the previous paragraph shall not limit any rights legally corresponding to them.

The provisions in this section are without prejudice to any alternative dispute resolution mechanism that may be applicable or may be expressly agreed between the parties.

Contact

For any enquiry, communication or request related to these Terms of Service, the Client may contact KUZTOMER TECH IBERIA, S.L through the following channels:

• Email: legal@inceptiva.com
• Registered office: Calle.Durillo, 1, 28232, Las Rozas de Madrid, Madrid, Spain

Communications relating to contracting, Subscription, invoicing, support or use of the Services may also be carried out through the specific channels enabled by Inceptiva for each particular purpose.

Communications relating to privacy, personal data protection or the exercise of rights must be addressed through the channels established in the Privacy Policy.

For contractual communications, KUZTOMER TECH IBERIA, S.L may address the Client via the email address associated with their account or Organisation, through notifications within the platform, or via any other contact method provided by the Client.

The Client shall be responsible for keeping their contact details up to date in order to ensure the correct receipt of communications related to the Services and the contractual relationship.