📜 Terms of Service
RkiveAI España S.L.
Effective Date: July 17, 2025
✅ 1. Acceptance of Terms
By accessing or using any services, applications, websites, or APIs (collectively, the “Services”) provided by RkiveAI España S.L. (“RkiveAI,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree with any part of these Terms, you may not access or use the Services.
- 🔄 We reserve the right to modify, update, or replace these Terms at any time.
- 📅 We will post the revised Terms with a new “Effective Date” at the top. We will provide notice of any material changes via email (to the address on your account) or in-platform notification.
- ✅ Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
🧑💻 2. Eligibility & Account Registration
- 🎂 Eligibility: The Services are available only to individuals (18 years or older), businesses, or legal entities who can form legally binding contracts under applicable law.
- 📝 Account Creation: To access certain features, you may be required to register and create an account (“Account”), providing accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
- 🔑 One Account per User: Unless expressly permitted by RkiveAI, each user may only maintain a single Account.
🗂️ 3. Definitions
- “Content” means any text, images, audio, video, data, or other information (including AI‐generated outputs) that you upload, provide, or create using the Services.
- “RkiveAI Output” means any result produced by our system (text, summaries, transcriptions, suggestions, etc.).
- “Feedback” means any suggestions, comments, or improvements you submit to RkiveAI regarding our Services.
🚫 4. User Responsibilities & Prohibited Conduct
By using the Services, you agree not to:
- ❌ Engage in any illegal, fraudulent, infringing, or harmful activities.
- ❌ Upload, transmit, or distribute any Content that:
a. Violates any third‐party intellectual property, privacy, or publicity rights;
b. Is defamatory, harassing, obscene, abusive, racist, sexist, or otherwise objectionable;
c. Contains viruses, trojans, malware, or any other code or script designed to disrupt, damage, or limit the functionality of any devices or services;
d. Impersonates any person or entity, or misrepresents your affiliation with any person or entity.
- ❌ Use the Services to manipulate, misrepresent, or violate any third‐party policies or agreements (for example, scraping copyrighted websites).
- ❌ Attempt to reverse‐engineer, decompile, disassemble, or otherwise derive the source code of any part of RkiveAI’s technology, except as and only to the extent that applicable law explicitly grants the right despite this restriction.
- ❌ Sell, rent, sublicense, transfer, or lease the Services (or your Account) to any third party.
- ❌ Interfere with or disrupt the integrity or performance of the Services, including by using bots, scrapers, or unauthorized automation.
- ❌ Attempt to gain unauthorized access to any other user’s Account or to any RkiveAI system or network.
🔒 Enforcement: If you violate any of these rules, we may suspend or terminate your Account without refund, and we reserve all available remedies under law or equity.
💳 5. Subscription Plans, Billing & Refunds
- 🆓 Free Trial: RkiveAI may offer a 7‐day free trial for some plans. At the end of the trial, you will be automatically billed unless you cancel before the trial period ends.
- 💸 Charges & Payment: By selecting a paid plan, you authorize us (or our payment processors) to charge your chosen payment method on a recurring basis according to the plan’s pricing and billing cycle (monthly, annual, etc.). You agree to keep payment information up to date.
- 🚫 No Refunds: All fees are non‐refundable once a paid subscription is activated, except as required by applicable law or distributor (e.g., statutory consumer‐protection rights).
- 🧾 Taxes: You are responsible for all taxes, levies, duties, or similar governmental charges, however designated, arising from your use of the Services (excluding taxes based on RkiveAI’s net income).
- 📢 Price Changes: We may adjust pricing at any time, but any price increase will only apply at your next renewal date. We will provide advance notice (e.g., via email or in‐platform notification) at least 30 days before charging the new price.
☁️ 6. Service Availability, Interruptions & No Compensation
- 📡 Cloud‐Based Service: The Services are hosted in the cloud. While we strive for high availability, you acknowledge that occasional downtime, interruptions, and errors may occur (e.g., scheduled maintenance, network failures, data center outages).
- ⚠️ No Guarantee of Uptime: RkiveAI does not guarantee that the Services will be available at all times or that they will always be free of bugs/errors. We provide the Services “as is,” without any guarantee of continuous, uninterrupted, or error‐free operation.
- 🚫 No Liability for Lost Opportunity: To the fullest extent permitted by law, RkiveAI will not be liable for any losses, costs, damages, or expenses that you claim to have incurred due to any downtime or service interruption (including missed deadlines, lost profits, or lost opportunities). You alone assume all risk related to relying on the Services for any critical task or decision.
- 📦 User Mitigation: You are responsible for maintaining backups, local copies of any critical data, and contingency plans in case of service disruption.
📖 7. Intellectual Property & License Grant
- 📁 Your Content: You retain all rights, title, and interest in and to any Content you upload or generate using the Services (including any original text, documents, or data). By providing Content to RkiveAI, you grant us a worldwide, royalty‐free, non‐exclusive, transferable, sublicensable license to use, reproduce, store, modify, and display such Content solely for the purpose of providing, improving, and promoting the Services.
- 🤖 RkiveAI Output: All RkiveAI Outputs are owned by RkiveAI, except to the extent they incorporate your Content. We grant you a perpetual, worldwide, royalty‐free, non‐exclusive license to use, reproduce, distribute, and adapt the RkiveAI Outputs for your internal business purposes.
- ™️ Our Marks & Software: All trademarks, service marks, trade names, logos, and icons (e.g., “RkiveAI,” our logo) are proprietary to RkiveAI. You may not use, copy, or display them without our prior written permission.
- 💡 Feedback: If you send us any Feedback—comments, suggestions, or ideas—you agree that RkiveAI may use and incorporate such Feedback into the Services without any obligation or compensation to you.
🔗 8. Third-Party Integrations & External Content
- 📦 Third-Party Software & Services: The Services may allow you to connect to or access third-party applications, APIs, or services (e.g., Google Drive, Dropbox, Salesforce). Your use of any third-party integration is subject to that third party’s terms and privacy policy. We are not responsible for any limitations, interruptions, or data loss caused by third-party providers.
- ⚠️ External Content Disclaimer: RkiveAI is not responsible for the accuracy, reliability, or legality of any third-party content (e.g., news articles, publicly indexed websites) that the AI may reference. You acknowledge that any reliance on external Content is at your own risk.
📱 9. Mobile Application Distribution
- 🍎 Apple App Store (iOS): If you download or use any RkiveAI‐branded mobile application (“Mobile App”) via the Apple App Store, you must also comply with Apple’s Licensed Application End User License Agreement (“Apple EULA”) as provided by Apple Inc. If there is any inconsistency between these Terms and the Apple EULA, Apple’s EULA governs your use of the Mobile App to the extent required by Apple.
- 🤖 Google Play (Android): If you download or use any RkiveAI Mobile App via Google Play, you must also comply with the Google Play Developer Distribution Agreement (“Google Play EULA”) as provided by Google LLC. If there is any inconsistency between these Terms and Google’s EULA, Google’s EULA governs your use of the Mobile App to the extent required by Google.
- ⚖️ Platform Enforcement: In the event that Apple or Google suspends or removes our Mobile App for any policy violation, you agree that RkiveAI will have no liability for such action and that your access to the Mobile App may be restricted or terminated.
🔒 10. Privacy & Data Security
- 📜 Privacy Policy: Our Privacy Policy (available at https://www.rkiveai.com/en/privacy) explains how we collect, use, and share your personal information. By using the Services, you also consent to our processing of your data as described in that policy.
- 🔐 Data Protection: We implement commercially reasonable administrative, technical, and physical safeguards to protect your Content from unauthorized access or disclosure. However, no system is completely secure. You acknowledge and accept that RkiveAI cannot guarantee absolute data security.
- 🗄️ Data Retention: We will retain your Content for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements. Upon account termination or deletion, we may erase your Content in accordance with our data retention schedules and applicable law.
⏳ 11. Term, Suspension & Termination
- 📅 Term: These Terms remain in effect until terminated by either party.
- 🛑 Suspension or Termination by RkiveAI: We may suspend or terminate your Account, temporarily or permanently, with or without notice, if you:
a. Violate any provision of these Terms;
b. Engage in any activity that poses a risk or liability to RkiveAI or other users;
c. Abuse, spam, or attempt unauthorized access;
d. Have any unpaid fees or unresolved claims.
- 🚫 Effect of Termination: Upon suspension or termination:
a. Your right to access the Services will immediately cease.
b. We may delete or purge your Content, feedback, or data (except as required to comply with legal obligations or dispute resolution).
c. All payment obligations, indemnification obligations, and any provisions intended to survive (e.g., warranty disclaimers, liability limits) will continue in effect.
- ❎ Account Cancellation by You: You may cancel your subscription at any time via your Account settings. Cancellation takes effect at the end of your current billing period; you will not receive a refund for any prepaid fees (unless required by law).
💰 12. Fees, Indemnification & Payment Disputes
- 💳 Fees: You agree to pay all fees specified for your chosen subscription plan. All amounts are in EUR or local currency as displayed.
- 💸 Chargebacks: If you dispute a charge with your payment provider and the charge is determined to be valid, you agree to reimburse us for any resulting fees, costs, or losses we incur.
- 🛡️ Indemnification by User: To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless RkiveAI, its officers, directors, employees, and agents from and against any and all liability, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:
a. Your breach of these Terms;
b. Your negligence, willful misconduct, or unauthorized use of the Services;
c. Any claims that your Content or use of the Services infringes or misappropriates any third‐party rights.
⚖️ 13. Disclaimers & Limitation of Liability
- 🚫 No Warranty:
a. The Services (including all software, hardware, and data) are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” without warranty of any kind.
b. To the maximum extent permitted by applicable law, RkiveAI expressly disclaims all warranties—whether express, implied, statutory, or otherwise—including:
• Implied warranties of merchantability, fitness for a particular purpose, quality, or non-infringement;
• Any warranty that results from course of performance, course of dealing, or usage of trade;
• Any warranty regarding accuracy, reliability, completeness, or timeliness of any RkiveAI Output or third‐party data.
c. No oral or written advice by RkiveAI or its representatives creates a warranty. You assume all risk related to your use of the Services.
- 💸 Limitation of Liability:
a. To the fullest extent permitted by law, in no event shall RkiveAI, its affiliates, officers, directors, employees, agents, or licensors be liable for:
• Indirect, incidental, special, consequential, or punitive damages (including lost profits, lost revenue, lost business, loss of data, goodwill, or business interruption), even if advised of the possibility of such damages;
• Any damages arising from (i) your use or inability to use the Services; (ii) any RkiveAI Output, recommendations, or actions taken by you in reliance on them; (iii) any interruption, suspension, or termination of the Services; (iv) any unauthorized access to or alteration of your Content.
b. In jurisdictions that do not allow the exclusion or limitation of certain warranties or liability, our liability shall be limited to the greatest extent permitted by law.
c. In no event shall RkiveAI’s total aggregate liability to you for all claims arising from or relating to these Terms or the Services exceed €50 (EUR fifty), except in cases of gross negligence or willful misconduct.
🌪️ 14. Force Majeure
RkiveAI shall not be liable or responsible for any failure or delay in performing its obligations under these Terms (except for payment obligations) if such failure or delay is caused by events beyond RkiveAI’s reasonable control, including—but not limited to—acts of God, natural disasters, government regulations, wars, acts of terrorism, strikes, labor disputes, civil unrest, epidemics, pandemics, or failures of third-party services or infrastructure.
📜 15. Governing Law & Dispute Resolution
- ⚖️ Governing Law: These Terms, and any dispute arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Spain and the European Union, without regard to conflict of law principles.
- 💬 Informal Dispute Resolution: Before commencing any formal legal action, you agree to contact us at legal@rkiveai.com to attempt to resolve the dispute informally.
- 🏛️ Arbitration: If we cannot resolve the dispute informally within 30 days, either party may submit the dispute to binding arbitration in Madrid, Spain, under the rules of the Madrid Chamber of Commerce. Judgment upon the award rendered by the arbitrator(s) may be entered in any court with jurisdiction.
- ⚖️ Small Claims & Injunctive Relief: Notwithstanding the previous paragraph, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims for relief within the jurisdictional limits of small claims court may be brought in that forum.
📌 16. Miscellaneous
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🧩 Severability: If any provision of these Terms is held unenforceable or invalid, that provision will be interpreted to fulfill its original purpose to the maximum legal extent, and the remaining provisions will remain in full force and effect.
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📜 Entire Agreement: These Terms (together with any documents explicitly incorporated by reference, such as our Privacy Policy) constitute the entire agreement between you and RkiveAI regarding the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
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⏸️ No Waiver: No failure or delay by RkiveAI in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.
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🔄 Assignment: You may not assign these Terms or any rights or obligations hereunder without our prior written consent. RkiveAI may assign or delegate its rights and obligations without restriction.
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📧 Notices: We may deliver notices to you by email (to the address on your Account) or by posting notices on our website or within the Services. Unless otherwise stated, notices take effect when we send or post them.
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📫 Contact: For any questions about these Terms, please contact us at:
RkiveAI España S.L.
Paseo de la Castellana 91, Planta 4, Puerta 1. Madrid, Spain. 28046.
Email: legal@rkiveai.com
By continuing to use our Services, you acknowledge that you have read and understood this Policy and agree to be bound by its terms.