Terms and Conditions of Use

1. Provider identification

The Embiral platform (the "Service") is owned by EMBIRAL SOLUTIONS, S.L., Spanish tax ID (NIF) B93774693, registered office at Calle Juan de Juanes 8, Esc. Der., 3.º D, 28933 Móstoles, Madrid (Spain), registered with the Madrid Commercial Registry. This information is provided pursuant to Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE). Formal communications regarding the Service may be addressed to legal@embiral.com.

2. Subject matter and acceptance

These Terms govern access to and use of the Service by the natural or legal persons who register ("User"). Creating an account implies having read, understood and expressly accepted these Terms and the Privacy Policy. If you disagree with any part, do not use the Service.

Embiral reserves the right to update these Terms. Any substantive change will be notified by email and/or within the Service at least thirty (30) days in advance, unless imposed by mandatory law or by an administrative or judicial decision, in which case it may apply from its entry into force. Continued use after the effective date implies acceptance of the new text.

3. Description of the Service

Embiral is a document management platform that connects third-party storage (Google Drive, OneDrive, SharePoint, Dropbox, Amazon S3, Azure Blob Storage, Google Cloud Storage), enriches documents with metadata, provides semantic search, conversational chatbots (RAG) and AI-assisted reports. The Service acts as an orchestration layer: the User's files continue to reside at the storage providers contracted by the User, not at Embiral.

4. Registration and account

• The User must be of legal age or, for legal persons, have sufficient legal representation.
• Registration data must be truthful, accurate and up to date. The User is responsible for keeping it so.
• Access credentials are personal and non-transferable. The User is responsible for their custody and for all activity under their account.
• Any unauthorised access, suspected compromise or loss of control over the account must be reported immediately to legal@embiral.com or via the Service's contact form.

5. Acceptable use

The User agrees to use the Service in accordance with applicable law, public order and these Terms. The following is expressly prohibited:

• Uploading, storing, transmitting or processing unlawful or defamatory content, content infringing intellectual or industrial property rights, personal data processed without a lawful basis, or sensitive content lacking the required reinforced security measures.
• Processing special categories of personal data in the Service (Article 9 GDPR: health, biometrics, ideology, religion, sexual orientation, criminal data) without first signing a specific agreement with Embiral covering that processing.
• Reverse engineering, decompiling, circumventing technical protection measures, unauthorised vulnerability scanning, using undocumented bots, scrapers or automation, or attempting to access third-party accounts or data.
• Deliberately overloading the Service (DoS, mass exfiltration), or integrating the Service into critical infrastructure without prior written agreement.
• Reselling, sublicensing or exposing the Service to third parties as one's own without written authorisation.

Breach of this clause entitles Embiral to suspend or cancel the account immediately, without prejudice to any applicable legal action.

6. User Content

The User retains ownership of all documents, metadata and content they contribute or sync ("User Content"). Embiral processes such content only to the extent strictly necessary to provide the Service (indexing, vectorisation, search, answer and report generation), in accordance with the Privacy Policy and the applicable data processing agreement.

The User warrants that they hold all rights and consents required over the User Content and that its processing by Embiral as described infringes no third-party rights nor applicable law. The User shall hold Embiral harmless against any claim arising from breach of this warranty, including reasonable defence costs.

7. Artificial intelligence services

The Service includes features based on language models (metadata extraction, chatbots, report generation). These features are automated assistance and, given their statistical nature, may produce inaccurate, incomplete or unsuitable results (commonly, "hallucinations").

• The User is solely responsible for reviewing, validating and where needed correcting any AI output before using or publishing it or making decisions based on it.
• Embiral does not warrant the accuracy, completeness, fitness for a particular purpose or absence of bias of the outputs. Outputs do not constitute legal, tax, medical, financial or professional advice of any kind.
• The User shall refrain from using the Service for purposes classified by the EU AI Regulation (Regulation (EU) 2024/1689, "AI Act") as prohibited practices or "high risk" without first signing an agreement with Embiral covering such use.
• The Service's model provider is OpenAI, operated by Embiral through its API platform; the specific models are determined by Embiral. Content processed by that provider is subject to its terms of service and privacy policy, whose API terms exclude the use of inputs to train its models.

8. Third-party service connections

The Service integrates via OAuth or other authentication with storage and AI providers ("Third-Party Services"). The User acknowledges that:

• The availability and operational limits of Third-Party Services are outside Embiral's control. Their quotas, performance or discontinuation may affect the operation of the Service.
• The User is responsible for complying with the terms of the Third-Party Services they connect.
• Embiral stores the credentials or tokens needed to operate against Third-Party Services encrypted at rest (AES-256-GCM) and uses them exclusively for the purposes of the Service.

9. Availability and maintenance

Embiral makes reasonable efforts to keep the Service available 24/7, but does not guarantee a specific availability level unless a written SLA has been agreed. The Service may undergo scheduled maintenance interruptions, updates or incidents at third-party infrastructure. Embiral will endeavour to minimise impact and to give notice where reasonable.

10. Fees and billing

The Service may be offered under different plans (free, paid, enterprise). The applicable features and prices are those published on the corporate website or agreed individually with each User. Non-payment or unjustified dispute of invoices entitles Embiral to suspend or cancel access, upon notice.

11. Suspension and termination

Embiral may suspend or cancel access to the Service (i) for breach of these Terms, (ii) by order of a competent authority, (iii) for security or Service-integrity reasons, or (iv) due to force majeure. Suspension will be lifted once its causes cease.

The User may close their account at any time from the application itself (Settings → Delete account) or by email to legal@embiral.com. Save for legal retention obligations, personal data will be erased or anonymised within the periods described in the Privacy Policy.

12. Intellectual and industrial property

The Service, its software, source code, interfaces, trademarks, logos, domains, documentation and design are the property of Embiral or its licensors and are protected by national and international intellectual and industrial property law. The User is granted a limited, personal, non-transferable, revocable, non-exclusive licence to use the Service under these Terms. No other right is granted.

Third-party open source software present in the Service is documented on the Credits page.

13. Limitation of liability

To the maximum extent permitted by applicable law, Embiral shall not be liable to the User for indirect damages, loss of profit, loss of opportunity, reputational damage, loss or corruption of data caused by the failure of Third-Party Services, or unforeseeable damages. For all events occurring within any twelve (12) month period, Embiral's aggregate liability shall be limited to the lower of: (a) the total amounts actually paid by the User to Embiral in the twelve (12) months preceding the triggering event, or (b) one hundred (100) euros if the User was on a free plan.

The above limitations do not exclude liability for wilful misconduct, gross negligence, personal injury or any other liability that cannot be excluded or limited by law. In particular, they do not affect the non-waivable rights that Spanish and European law grant to consumers.

14. Indemnity

The User shall hold Embiral, its directors, employees and collaborators harmless against any claim, demand, penalty or loss (including reasonable defence costs and fees) arising from (i) use of the Service contrary to these Terms, (ii) infringement of third-party rights caused by the User Content, or (iii) the User's breach of applicable law.

15. Force majeure

Neither party shall be liable for failure to perform its obligations where due to force majeure or fortuitous events, including without limitation natural disasters, massive cyberattacks, widespread infrastructure provider failures, communications outages, labour disputes, government decisions or armed conflicts.

16. Assignment

The User may not assign their contractual position or rights under these Terms without Embiral's prior written authorisation. Embiral may assign them in the context of corporate transactions (merger, spin-off, asset sale), giving notice to the User.

17. Notices

Notices to Embiral shall be addressed to legal@embiral.com. Notices to the User will be sent to the email address associated with their account or through notices within the Service. It is the User's responsibility to keep that address up to date.

18. Severability

If any clause of these Terms is declared void or unenforceable, the remainder shall remain in full force, and the affected clause shall be interpreted or replaced by another pursuing, as far as possible, the original economic purpose.

19. Governing law and jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute, the parties submit to the Courts of the city of Embiral's registered office, unless the User qualifies as a consumer under Spanish and European law, in which case the competent court shall be that of the consumer's domicile or the one mandated by such rules. Consumers residing in the European Union may access the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

20. Contact

For any question regarding these Terms, write to legal@embiral.com or use the contact form available in the Service's sidebar.