Terms and Conditions

1. Agreement to Terms

By accessing or using the DigitalCore platform and services ("Services") available at https://digitalcore.app/ ("Site"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms apply to all visitors, users, and others who access or use the Services. We may update these Terms from time to time. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

2. Description of Services

DigitalCore provides a software-as-a-service (SaaS) platform designed to help organizations manage and optimize their service operations. Our platform offers features including but not limited to:

• Service portfolio management and analytics
• Performance tracking and reporting
• Risk management and scenario planning
• AI-powered insights and recommendations
• Data integration and visualization tools

3. Service Availability and Modifications

SERVICE AVAILABILITY. We strive to maintain high availability of our Services, but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavor to provide advance notice when possible)
• Emergency maintenance or security updates
• System upgrades and improvements
• Factors beyond our reasonable control

SERVICE MODIFICATIONS. We reserve the right to modify, update, or discontinue any aspect of the Services at any time, including:

• Adding, changing, or removing features and functionality
• Updating user interfaces and workflows
• Modifying API specifications and integrations
• Discontinuing features with reasonable notice where practicable

We will make reasonable efforts to notify you of significant changes that may materially affect your use of the Services.

4. User Accounts

To access certain features of our Services, you may be required to create an account. When you create an account, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your account information is kept up to date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or harmful activities.

5. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Services or related systems
• Use the Services to transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of the Services
• Engage in any activity that could damage, disable, or impair our infrastructure
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell, sublicense, or redistribute the Services without authorization
• Use automated systems to access the Services in a manner that exceeds reasonable use

6. Intellectual Property

The Services and all content, features, and functionality (including but not limited to software, text, graphics, logos, images, and design) are owned by DigitalCore and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

7. User Content and Data

You retain ownership of any data, content, or information you submit to the Services ("User Content"). By submitting User Content, you grant us a limited license to use, process, and store such content solely to provide and improve our Services.

You represent and warrant that you have all necessary rights to submit User Content and that such content does not infringe on any third-party rights or violate any applicable laws.

8. Data Processing and Security

DATA PROCESSING. We process your data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. By using our Services, you acknowledge that:

• Your data may be processed and stored on servers located within the European Union
• We act as a data processor for personal data you submit through the Services
• You remain the data controller for any personal data of your employees, customers, or other individuals
• You are responsible for ensuring you have appropriate legal bases for processing personal data through our Services

SECURITY MEASURES. We implement industry-standard technical and organizational security measures to protect your data, including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security assessments and monitoring
• Incident response procedures

SECURITY INCIDENTS. In the event of a data breach affecting your data, we will notify you without undue delay in accordance with applicable laws and our obligations under GDPR.

9. Data Export and Portability

DATA EXPORT. During your subscription, you may export your data from the Services using available export functionality. We support data portability in accordance with GDPR requirements.

DATA RETENTION AFTER TERMINATION. Upon termination of your account:

• You will have a reasonable period (typically 30 days) to export your data before deletion
• After the export period, we will delete your data in accordance with our data retention policies
• Certain data may be retained as required by law or for legitimate business purposes (e.g., billing records)
• Anonymized or aggregated data may be retained for analytics and service improvement

We are not responsible for any loss of data resulting from your failure to export data before the retention period expires.

10. Third-Party Services and Integrations

Our Services may integrate with or allow connections to third-party services, including but not limited to:

• Data import sources (spreadsheets, databases, external systems)
• Authentication providers
• Cloud storage services
• Analytics and reporting tools
• Communication platforms

THIRD-PARTY DISCLAIMER. DigitalCore is not responsible for:

• The availability, accuracy, or reliability of third-party services
• Data quality or errors in data imported from external sources
• Security practices of third-party service providers
• Changes to third-party APIs or services that may affect integrations
• Any damages arising from your use of third-party services

Your use of third-party services is governed by their respective terms and privacy policies. You are responsible for reviewing and complying with such terms.

11. Beta and Preview Features

From time to time, we may offer beta, preview, early access, or experimental features ("Beta Features"). If you choose to use Beta Features, you acknowledge and agree that:

• Beta Features are provided "as is" without any warranties
• Beta Features may contain bugs, errors, or incomplete functionality
• Beta Features may be modified or discontinued at any time without notice
• Data processed through Beta Features may be lost or corrupted
• Beta Features should not be used for production or critical business operations
• Support for Beta Features may be limited or unavailable

We may collect additional usage data and feedback regarding Beta Features to improve our Services. Your use of Beta Features constitutes consent to such data collection.

12. Payment Terms

Access to certain features of our Services may require payment of fees. All fees are stated in euros unless otherwise specified. You agree to pay all applicable fees in accordance with your selected subscription plan.

• Fees are billed in advance on a recurring basis (monthly or annually)
• All payments are non-refundable unless otherwise specified
• We reserve the right to modify pricing with reasonable notice
• Failure to pay may result in suspension or termination of Services

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the use of the Services. This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or legal process

14. AI-Powered Features, Large Language Models, and Decision Support Tools

DigitalCore incorporates artificial intelligence (AI) technologies, including large language models (LLMs) and machine learning systems, to provide various features and functionalities. This section describes how AI is used in our Services and your rights and responsibilities when using AI-powered features.

14.1 AI Transparency and Disclosure

In accordance with the EU AI Act and transparency best practices, we disclose the following about our AI systems:

• AI-Powered Features: Our Services use AI for insights generation, recommendations, playbooks, scenario modeling, risk assessments, performance predictions, natural language processing, and automated suggestions
• AI Classification: Our AI features are designed as decision-support tools and are not intended for high-risk applications as defined under the EU AI Act
• AI-Generated Content: Content generated by AI within our platform will be identified as such where technically feasible and appropriate

14.2 Third-Party AI Services

Our Services may utilize third-party AI providers and large language model services to deliver certain features. When using such services:

• Data necessary for AI processing may be transmitted to third-party AI providers
• We select AI providers that maintain appropriate security and privacy standards
• Third-party AI providers are contractually bound to protect your data
• We do not control the underlying AI models used by third-party providers and cannot guarantee their behavior

14.3 AI Training and Your Data

YOUR DATA IS NOT USED TO TRAIN AI MODELS. We want to be clear about how your data interacts with AI:

• Your business data, User Content, and personal information are NOT used to train our AI models or any third-party AI models
• Your data is processed by AI systems only to provide you with the requested features and outputs
• We may use anonymized, aggregated data for improving our Services, but this data cannot be traced back to you or your organization
• You retain full ownership and control of your data as described in Section 7

14.4 AI Output Ownership and Intellectual Property

Regarding AI-generated content produced through our Services:

• AI-generated outputs based on your data (such as insights, reports, and recommendations) may be used by you for your business purposes
• You acknowledge that AI-generated content may not be eligible for copyright protection in all jurisdictions
• DigitalCore retains intellectual property rights in the underlying AI systems, algorithms, and methodologies
• You may not claim exclusive ownership of generic AI outputs that could be generated for other users with similar inputs

14.5 AI Limitations and Hallucinations

IMPORTANT: UNDERSTANDING AI LIMITATIONS. Large language models and AI systems have inherent limitations that you must understand:

• Hallucinations: AI systems, particularly LLMs, may generate content that appears plausible but is factually incorrect, fabricated, or nonsensical ("hallucinations")
• Outdated Information: AI models are trained on data up to a certain point and may not reflect the most current information, regulations, or market conditions
• Context Limitations: AI may misinterpret context, nuance, or industry-specific terminology
• Inconsistency: AI outputs may vary for similar inputs and may not be reproducible
• No Understanding: AI systems process patterns in data but do not truly "understand" your business, industry, or specific circumstances

14.6 AI Bias and Fairness

AI systems may reflect biases present in training data or algorithmic design:

• AI outputs may inadvertently contain biases related to geography, industry, company size, or historical patterns
• Recommendations may not equally consider all relevant factors or stakeholder perspectives
• We work to identify and mitigate biases, but cannot guarantee bias-free outputs
• You should critically evaluate AI outputs for potential biases relevant to your context

14.7 Human Oversight Requirement

HUMAN REVIEW IS MANDATORY. In compliance with responsible AI principles and the EU AI Act's emphasis on human oversight:

• All AI-generated insights, recommendations, and outputs MUST be reviewed by qualified personnel before being acted upon
• AI features are designed to augment human decision-making, not replace it
• You must maintain appropriate human oversight processes for any decisions influenced by AI outputs
• Critical business decisions should never be fully automated based solely on AI recommendations
• You are responsible for establishing internal governance procedures for AI-assisted decision-making

14.8 Prohibited AI Uses

You agree NOT to use AI features in our Services for:

• Making fully automated decisions that significantly affect individuals without human review
• Discriminatory practices in employment, lending, housing, or other protected areas
• Generating content intended to deceive, manipulate, or mislead others
• Any purpose that violates applicable laws, including the EU AI Act
• Circumventing safety measures or attempting to extract underlying AI model information
• Processing special categories of personal data (health, biometric, etc.) through AI features without appropriate legal basis

14.9 Customer Responsibility for AI-Informed Decisions

ALL DECISIONS REMAIN YOUR RESPONSIBILITY. You acknowledge and agree that:

• AI outputs are provided for informational and advisory purposes only
• You must exercise independent professional judgment before acting on any AI-generated content
• You should verify AI outputs against authoritative sources where appropriate
• You are solely responsible for all business decisions, regardless of AI involvement
• You should seek qualified professional advice for significant financial, legal, or strategic decisions
• DigitalCore is not liable for any outcomes resulting from decisions informed by AI features

14.10 No Warranties for AI Outputs

AI FEATURES ARE PROVIDED "AS IS." DigitalCore makes NO representations or warranties regarding:

• The accuracy, completeness, reliability, or timeliness of AI-generated content
• The suitability of AI outputs for your specific business needs or circumstances
• The achievement of any particular business outcomes based on AI recommendations
• The absence of errors, hallucinations, or biases in AI outputs
• The continuous availability or consistent performance of AI features

Past performance indicators, predictions, and scenario analyses generated by AI do not guarantee future results. Business outcomes may vary significantly based on factors beyond the scope of AI analysis.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITALCORE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of results obtained from the Services

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITALCORE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Service interruption or computer damage
• Cost of substitute services
• Business decisions made based on AI insights, recommendations, or playbooks
• Outcomes resulting from scenario modeling, forecasts, or predictions
• Actions taken or not taken based on platform recommendations
• Errors or inaccuracies in AI-generated content or analytics

BUSINESS DECISIONS AND OUTCOMES. Without limiting the foregoing, DigitalCore expressly disclaims all liability for any business decisions, strategic choices, operational changes, or any other actions taken by you or your organization based on information, insights, recommendations, playbooks, scenarios, or any other content provided through the Services. The entire risk arising from the use of AI-powered features and decision support tools remains with you.

In no event shall our total liability exceed the amounts paid by you to DigitalCore during the twelve (12) months preceding the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless DigitalCore and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Business decisions or actions taken based on AI insights, recommendations, or other platform features
• Any claims by third parties related to outcomes resulting from your use of decision support tools

18. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:

• Natural disasters, acts of God, or severe weather events
• War, terrorism, civil unrest, or government actions
• Pandemic, epidemic, or public health emergencies
• Power outages, telecommunications failures, or internet service disruptions
• Cyberattacks, including DDoS attacks or security breaches beyond reasonable prevention
• Third-party service provider failures
• Labor disputes or strikes

The affected party shall use reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as practicable.

19. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination:

• Your right to use the Services will immediately cease
• We may delete or retain your data in accordance with our Privacy Policy
• Provisions that should survive termination will remain in effect

You may terminate your account at any time by contacting us or using the account settings within the platform.

20. Electronic Communications

By using our Services, you consent to receive electronic communications from us, including:

• Service announcements and updates
• Security alerts and notifications
• Billing and payment confirmations
• Changes to Terms, Privacy Policy, or other legal notices
• Product updates and feature announcements

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may update your communication preferences in your account settings, though certain service-related communications are required and cannot be opted out of.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

22. Assignment and Transfer

You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent shall be void.

We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

23. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Site and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

24. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by DigitalCore.

25. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

26. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and DigitalCore regarding the Services and supersede all prior agreements and understandings.

27. Contact Information

If you have any questions about these Terms, please contact us:

• Email: support@digitalcore.app
• Address: Barcelona, Spain