Terms of Use of the AiKit Platform

• Corporate name: AIKIT RESEARCH, S.A.
• VAT: ESA56760267
• Registered office: Sector Literatos 38, 28760 Tres Cantos, Madrid (Spain)
• Commercial Registry of Madrid: Volume 46,295, Sheet 205, Section 8, Page M-813177
• General email: admin@aikit.io
• Technical support: support@aikit.io
• Telephone: +34 914 68 22 04
• Website: www.aikit.io

These Terms of Use (hereinafter, the “Terms”) govern access to and use of the AiKit artificial intelligence platform (hereinafter, the “Service” or the “Platform”), provided by AIKIT RESEARCH, S.A. (hereinafter, “the Company”).

The Service comprises generative AI functionalities (natural language processing, image generation, data analysis, etc.) intended for professional users, businesses and self-employed workers.

By registering for, accessing or using the Service, the User accepts these Terms in their entirety. If the User does not agree with any provision, the User must refrain from using the Service.

These Terms are provided to the User in accordance with Articles 27 and 28 of Law 34/2002 (LSSI (Spanish E-Commerce Act 34/2002)), concerning the prior obligations and post-contractual information applicable to electronic contracting.

• User Content:all information, data, text, images or files that the User enters into the Service (Input), as well as the results generated by the AI (Output). Collectively, “User Data”.
• AI: the artificial intelligence system operating the Platform, including language models, computer vision or other algorithms.
• Permitted Use: the internal business or professional use of the Service, in accordance with these Terms and applicable law.

4.1. Registration: to use the Service, the User must create an account by providing true, accurate and complete information. The User shall keep this information up to date.

4.2. Credentials: access credentials are confidential and non-transferable. The User undertakes not to share them with unauthorized third parties and to immediately notify any unauthorized use to support@aikit.io.

4.3. Account responsibility:the User is responsible for all activities carried out from the User's account or using the User's credentials.

4.4. Age and capacity: the Service is intended for persons over 18 years of age or legally emancipated minors with full legal capacity to act.

5.1. License:the Company grants the User a limited, non-exclusive, non-transferable and revocable license to access and use the Service for the duration of the contract, exclusively for the User's internal business purposes.

5.2. Internal use: unless otherwise agreed in writing, the User shall use the Service only for its own internal needs. It is prohibited to resell, lease, sublicense or commercially exploit the Service by offering it to third parties not authorized by the Company.

5.3. Updates: the Company may update or modify the Service. The User will be informed with reasonable advance notice of any material change.

The User undertakes to use the Service in good faith, in accordance with these Terms and applicable law. The following is prohibited:

• Using the Service for unlawful or fraudulent purposes or in a manner that infringes the rights of third parties. This includes generating content that incites hatred, violence or discrimination.
• Using the Service to produce or disseminate content that is defamatory, obscene, misleading or threatening.
• Using the Service in connection with criminal activities or to generate instructions regarding illegal activities.
• Entering sensitive personal data of third parties without an adequate legal basis.
• Attempting to access the source code, algorithms or underlying data of the AI through reverse engineering, decompilation or similar techniques, except as legally permitted.
• Circumventing the technical protection measures of the Service or using the Service in an automated manner (scripts or bots) to exceed unauthorized usage limits.
• Using the Output of the Service to develop, train or improve an AI model intended to compete with the Platform.
• Representing AI outputs as if they were human-created content where doing so could be misleading. If the User publicly disseminates Output, it is recommended to indicate that it was generated or assisted by artificial intelligence, in accordance with Regulation (EU) 2024/1689 (AI Act).
• Engaging in any of the prohibited practices under Art. 5 of Regulation (EU) 2024/1689, including: (1) subliminal or manipulative techniques that impair decision-making capacity; (2) exploitation of vulnerabilities based on age, disability or socio-economic situation; (3) social scoring of natural persons; (4) prediction of the risk of a person committing an offence based on profiling; (5) creation or expansion of facial recognition databases through the untargeted scraping of images; (6) inference of a person's emotions in the workplace or in educational institutions, except for medical or safety reasons; (7) biometric categorization that infers race, political opinions, trade union membership, religious or philosophical beliefs, sex life or sexual orientation; and (8) “real-time” remote biometric identification in publicly accessible spaces for law enforcement purposes, outside the legally exhaustive exceptions. These prohibitions apply to all Users; for those who build applications on top of the Platform, they are further detailed in AiKit's high-risk app determination guide.

7.1. Company ownership: the Company owns all intellectual and industrial property rights in the Platform, the software, the AI models, algorithms, databases, source code, trademarks, logos and any other element of the Service.

7.2. User Content — Inputs: the User retains all rights to the Inputs it provides to the Service. The Company acquires no ownership over them.

7.3. User Content — Outputs: as between the Company and the User, the User owns the rights to the Outputs generated by the AI in response to its Inputs, to the maximum extent permitted by law.

7.4. Limited license to the Company: the User grants the Company a non-exclusive, worldwide, royalty-free license, for the duration of the contract, to use its Content (Inputs and Outputs) solely for the following purposes:

• Providing the Service (processing Inputs, generating Outputs, temporary storage, backups).
• Maintaining and improving the quality of the Service (abuse monitoring, stability, security, legal compliance).

Fundamental commitment: User Content (Inputs and Outputs) will under no circumstances be used to train, improve or fine-tune AI models of the Company or of third parties. This commitment applies to all plans, whether free or paid.

8.1. AIKIT RESEARCH, S.A. operates as a provider of a general-purpose AI system (of limited risk, not high risk) that integrates third-party AI models. It assumes only the transparency obligations under Art. 50 of Regulation (EU) 2024/1689 (AI Act) applicable to it as a provider of a generative AI system. AiKit does not train or place on the market its own general-purpose AI models (GPAI), and therefore does not assume the obligations under Chapter V of the Regulation.

8.2. In particular:

• The Outputs generated by the AI are probabilistic in nature. The User must supervise and validate the results before any real-world application.
• The AI does not constitute professional advice of any kind (legal, financial, medical or otherwise).
• The Company applies measures to prevent the generation of unlawful or harmful content.

8.3. The User undertakes to comply with the obligations applicable to it as a deployer or user of AI systems under the AI Act, including, where applicable, the obligation of transparency towards affected persons.

8.4. Allocation of roles in the value chain (Art. 25 of the AI Act). The AiKit Platform is a general-purpose AI system that is not intended or authorized to be transformed into a high-risk AI system. If the User configures on the Platform an application whose purpose constitutes a high-risk use under Annex III of the Regulation (for example, the selection or evaluation of its personnel), the User becomes, in accordance with Art. 25(1)(c), the provider of that high-risk system and assumes the obligations of Art. 16 and, as deployer, those of Arts. 26 and 27 as applicable. AiKit does not assume such obligations.

8.5. Declaration of non-transformation and technical access. The declaration in section 8.4 exempts the Company from the documentary obligation of Art. 25(2), final paragraph. Nevertheless, as a component integrated into the User's high-risk system, the Company shall specify by written agreement (Art. 25(4)) the information, capabilities, technical access and assistance reasonably necessary to enable the User to comply with the Regulation. The conditions, templates and guidance for that scenario are set out in the high-risk app documentation that the Company makes available to the User.

8.6. The regulatory information contained in these Terms is provided for informational purposes and does not constitute legal or tax advice. The User must consult its own advisor to assess the obligations applicable to it as a deployer or user of AI systems.

The processing of personal data in the context of the Service is governed by the Privacy Policy and, where the Company acts as processor of the client's data, by the Data Processing Agreement (DPA). Both documents are available on the Company's website and are deemed incorporated into these Terms by reference.

The User (generally a business or self-employed person) shall act as Controller with respect to the personal data included in its Content, and the Company as Processor that processes such data solely to provide the Service, in accordance with Art. 28 of the GDPR.

The Company will make reasonable efforts to keep the Service available, but does not guarantee uninterrupted, timely or error-free access. Interruptions may occur due to maintenance, updates, unforeseen failures or force majeure events.

The Company shall not be liable for the temporary unavailability of the Service.

Technical support is available through support@aikit.io and will be provided preferably by electronic means during business hours in Spain.

The Company will make reasonable efforts to assist the User with incidents relating to the operation of the Platform. No specific resolution times are guaranteed, unless a separate Service Level Agreement (SLA) is agreed.

12.1. By the User: the User may cease using the Service and request the cancellation of its account at any time.

12.2. By the Company:the Company may suspend or terminate the User's access in the following cases:

• Material breach of these Terms (in particular, the acceptable use rules of section 6).
• Payment default of more than 30 days from the demand for payment.
• Use of the Service that endangers its security, integrity or lawfulness.
• A business decision to discontinue the Service, with at least 30 days' prior notice.

12.3. Effects of termination:upon termination of the contract, the User's right to access the Service shall cease. The client's data will be deleted in accordance with the DPA (maximum period of 30 days), except where there is a legal obligation to retain it.

Clauses that by their nature must survive termination (intellectual property, confidentiality, limitation of liability, jurisdiction) shall remain in force thereafter.

13.1.The Service is provided “as is” and “as available”. The Company does not warrant that:

• The Outputs are accurate, complete or reliable.
• The Service is free of errors, vulnerabilities or interruptions.
• The Outputs will not infringe third-party rights in any case.

The User assumes responsibility for supervising and validating the Outputs before their use.

13.2. Exclusion of indirect damages: to the maximum extent permitted by law, the Company shall not be liable for indirect, consequential, special or punitive damages (loss of profits, data, business opportunity, etc.).

13.3. Liability cap:the Company's total aggregate liability shall not exceed the amount actually paid by the User in the 12 months preceding the event giving rise to the claim, or EUR 5,000, whichever is greater. For users of free plans, the cap shall be EUR 100.

13.4. Exceptions: the foregoing limitations shall not apply: (i) to liability for wilful misconduct or gross negligence or for personal injury; (ii) to any other case in which the law does not permit its exclusion; (iii) where the User qualifies as a consumer or user under Art. 3 of the TR LGDCU (Royal Legislative Decree 1/2007), in which case the mandatory regime of Arts. 80, 86 and 90 TRLGDCU shall prevail, and the limitations of sections 13.1, 13.2 and 13.3 above shall not be enforceable against the consumer.

The Company reserves the right to amend these Terms. Changes will be communicated to the User with reasonable advance notice (at least 15 days before they take effect) through the email associated with the account or by notice on the Platform. Continued use of the Service after the amendments take effect implies acceptance thereof. The version in force of these Terms, the Privacy Policy and the DPA is, at any given time, the one published on the Company's website.

These Terms are governed by Spanish law and applicable European Union legislation, including Regulation (EU) 2024/1689 (AI Act) and Regulation (EU) 2016/679 (GDPR).

For any dispute, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, with express waiver of any other venue that might otherwise apply to them.

The foregoing shall not apply where the User qualifies legally as a consumer, in which case the courts of the User's domicile shall have jurisdiction.