Terms of Service

1. Introduction

1.1 Legal Entity & Contact Information

These Terms of Service ("Terms") govern your use of services provided by Guaeca SASU ("Company," "we," "our," or "us"), a company operating under the jurisdiction of France. Our contact email is eduardo@guaeca.fr. A mailing address may be provided upon request.

1.2 Scope & Acceptance

By accessing or using our platform ("Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue using the Service.

1.3 Geographic Availability

Our Services are offered globally. We adhere to the requirements of the European Union's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

2. Nature of Services

2.1 What We Offer

We provide tools and services for requirement engineering and related technical or consulting services. These services may include analyzing requirements, proposing fixes or improvements, and offering guidance to users.

2.2 User-Generated Content

Your use of the Service may involve sharing or uploading requirements, text, documents, or other content ("User Content"). You remain solely responsible for the legality, reliability, and appropriateness of the content you provide.

2.3 Third-Party Integrations

In the future, we may integrate Stripe for payment processing, Google for analytics, or other third-party services (e.g., hosting). These integrations may require you to accept separate terms of service from those third-party providers.

3. Account Eligibility & Registration

3.1 Minimum Age

You must be at least 18 years old to create an account or otherwise access the Service. If you are under 18, you are not permitted to use this Service unless you have verifiable parental or guardian consent.

3.2 Free & Credit-Based Accounts

We offer a free tier accessible to anyone. More extensive features or higher-volume usage require the purchase of credits ("Credit-Based Accounts"). You must create a user account and maintain accurate information to utilize these credit-based features.

4. Payment & Subscriptions

4.1 Free Usage & Credits

The platform offers a free usage tier, subject to certain limitations. For premium or extended use, you must buy credits in advance. Credits remain valid for one (1) year from the date of purchase. Unused credits expire automatically at the end of this period.

4.2 Subscription Billing

We do not currently offer monthly or annual subscription plans. Credits are purchased as needed, and your usage depends on maintaining a positive credit balance.

4.3 Refund Policy

We do not currently provide refunds or free trials for purchased credits. All sales of credits are final.

4.4 Overage & Additional Fees

If your credit balance reaches zero (or expires), you will be blocked from additional usage until you purchase more. This ensures you do not incur unexpected overage charges.

5. Acceptable Use / Prohibited Activities

5.1 Prohibited Content & Conduct

You agree not to engage in—or facilitate—any of the following:

• Harassment, hate speech, or discrimination.
• Posting illegal, extremist, or fraudulent materials.
• Sharing malicious code or hacking tools.
• Violating third-party rights or applicable laws.

5.2 Security Measures

We track IP addresses and employ automated systems (e.g., CAPTCHAs) to detect spam or abusive behavior. We reserve the right to suspend or terminate accounts for serious or repeated violations.

6. Intellectual Property & Licensing

6.1 User Content Ownership

You retain all ownership rights in any content you submit ("User Content"). However, by submitting content, you grant us a limited, non-exclusive, worldwide license to host and display your content. You also grant us the right to gather metrics (such as the number of requirements, tokens, or fixes) as necessary to operate, improve, or promote the Service. We will never use or publicly disclose the substance of your actual content without your explicit permission.

6.2 Company Trademarks

While we may not yet have a registered trademark, our brand name, logos, or distinctive design elements are not to be used without prior written permission.

6.3 Copyright Infringement (DMCA)

We intend to comply with DMCA-like takedown procedures. If you believe your work has been posted on the Service in a manner that constitutes copyright infringement, please contact us at eduardo@guaeca.fr. We reserve the right to remove infringing content or terminate repeat infringers.

7. Privacy & Data Handling

7.1 Privacy Policy

We maintain a separate Privacy Policy that governs how we collect, process, and store your personal data. You agree to review and comply with our Privacy Policy, available at our Privacy Policy page.

7.2 Data Retention

- Account Data: Stored while your account is active or as required by law.
- User Requirement Data: We reserve the right to delete or anonymize requirement data after a certain period or once it has served its purpose (e.g., after logs are checked for safety and legal issues).

7.3 International Data Transfers

We host data primarily in the European Union, but some processing (e.g., by Large Language Models or sub-processors) may occur in the United States. Where required, we will implement Standard Contractual Clauses or equivalent safeguards.

8. Limitation of Liability & Disclaimers

8.1 Liability Cap

To the fullest extent permitted by law, our liability for any claim relating to the Service is limited to the amount you have paid (if any) in the last 12 months.

8.2 "As Is" Disclaimer

Except as required by law, the Service is provided "as is" and "as available," without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.3 Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, liabilities, damages, and expenses (including legal fees) arising from your misuse of the Service or your infringement of any third-party rights.

9. Termination & Suspension

9.1 Immediate Suspension

We reserve the right to immediately suspend or terminate your account if we determine you are in serious violation of these Terms, including but not limited to posting illegal content or repeated misconduct.

9.2 Data Export & Deletion

In the event of termination, you will generally have 30 days to export or retrieve your data, after which we permanently delete it within 90 days (unless otherwise required by law).

10. Modifications & Notices

10.1 Changes to the Terms

We may revise or update these Terms from time to time. We will provide 30 days' notice (e.g., via email or in-app notification) before material changes become effective. If you do not agree with the revised Terms, you must discontinue using the Service.

10.2 Acceptance of Updates

Your continued use of the Service after the 30-day notice period constitutes acceptance of the updated Terms.

11. Governing Law & Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with French law. The courts in Toulouse (or another specified French jurisdiction) shall have exclusive jurisdiction over disputes related to these Terms.

11.2 Arbitration vs. Court (Optional)

Except for small-claims actions or where prohibited by law, you agree that any dispute or claim will be submitted to binding arbitration in Toulouse or relevant city. If arbitration is not possible, disputes may proceed in the courts of Toulouse, France.

11.3 Class Action Waiver (Optional)

You agree not to bring or participate in any class or collective action against the Company.

12. Miscellaneous Provisions

12.1 Entire Agreement

These Terms, along with our Privacy Policy and any separate Sales Conditions or legal notices, constitute the entire agreement between you and the Company regarding the Service.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

12.3 No Waiver

A failure by the Company to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

12.4 Assignment

We reserve the right to assign or transfer our rights and obligations under these Terms in the event of a merger, acquisition, or sale of assets without your further consent.

12.5 Language Versions

If these Terms are made available in multiple languages and there is a conflict, the French version shall prevail.

If you have any questions, contact eduardo@guaeca.fr.