Terms of Service

1. Scope and Applicability

These Terms of Service ("Terms") govern the use of the Canarium AI platform and related services ("Services") provided by Canarium AI, Sociedad Limitada, NIF B1234567, with registered office at Avda. Tres De Mayo 1, 38005 Santa Cruz de Tenerife, Spain ("Canarium AI", "we", "us").

The Services are offered exclusively to business customers ("Customer", "you") and are not intended for consumers within the meaning of the Spanish General Consumer Protection Act (Real Decreto Legislativo 1/2007). By accessing or using the Services, the Customer confirms that it is acting in a professional or commercial capacity.

2. Description of Services

Canarium AI provides AI-powered assistants for data analysis, including survey analysis, web analytics insights, and industrial process intelligence. The Services include the provision of:

• AI compute infrastructure (GPU resources) hosted in Germany
• AI assistant interfaces for querying and analyzing Customer data
• API access for integration into Customer systems

3. Customer Responsibilities

The Customer is solely responsible for:

• The data uploaded to or processed through the Services, including its legality, accuracy, and compliance with applicable data protection laws
• Ensuring that use of the Services by the Customer and its authorized end users complies with all applicable laws and regulations
• Any decisions made, actions taken, or conclusions drawn based on the outputs generated by the AI assistants
• Managing access credentials and preventing unauthorized access to the Customer's account
• Informing its own end users about the use of AI-generated content and applicable terms

4. Nature of AI Outputs

The AI assistants provided by Canarium AI generate outputs based on statistical models and the data provided by the Customer. These outputs are informational in nature and do not constitute professional advice of any kind (legal, financial, medical, engineering, or otherwise).

Canarium AI does not guarantee the accuracy, completeness, or fitness for any particular purpose of AI-generated outputs. The Customer acknowledges that AI models may produce incorrect, incomplete, or biased results and that human review and professional judgment remain essential before acting on any AI output.

5. Prohibited Uses

The Customer shall not use the Services to:

• Process data that violates applicable laws, third-party rights, or public order
• Generate content that is defamatory, discriminatory, or incites hatred or violence
• Attempt to reverse-engineer, extract, or replicate the underlying AI models
• Resell, sublicense, or redistribute the Services without prior written authorization
• Circumvent security measures or abuse the platform infrastructure

6. Data Ownership and Processing

The Customer retains full ownership of all data uploaded to the Services. Canarium AI does not claim any intellectual property rights over Customer data.

Where Canarium AI processes personal data on behalf of the Customer, a separate Data Processing Agreement (DPA) in accordance with Article 28 GDPR shall apply. The DPA will be provided upon request or as part of the service agreement.

All data processing takes place exclusively on infrastructure located in Germany within the European Union. No data is transferred to third countries outside the EU/EEA.

7. Availability and Support

Canarium AI endeavors to maintain the availability of the Services but does not guarantee uninterrupted or error-free operation. Planned maintenance windows will be communicated in advance where reasonably possible.

Specific service level agreements (SLAs), uptime guarantees, and support terms may be agreed upon in individual contracts.

8. Limitation of Liability

To the maximum extent permitted by Spanish law:

• Canarium AI provides the Services "as is" and "as available" without warranties of any kind, whether express or implied.
• Canarium AI shall not be liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data loss, or business interruption.
• Canarium AI's total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the claim.
• Canarium AI shall not be liable for any damages resulting from decisions made or actions taken by the Customer or its end users based on AI-generated outputs.

Nothing in these Terms excludes or limits liability for damages caused by willful misconduct or gross negligence, or any other liability that cannot be excluded under mandatory Spanish law.

9. Indemnification

The Customer agrees to indemnify and hold harmless Canarium AI from any claims, damages, losses, or expenses (including reasonable legal fees) arising from the Customer's or its end users' use of the Services, violation of these Terms, or infringement of third-party rights.

10. Term and Termination

These Terms remain in effect for as long as the Customer uses the Services. Either party may terminate the service relationship with 30 days written notice, unless otherwise agreed in an individual contract.

Canarium AI reserves the right to suspend or terminate access to the Services immediately if the Customer breaches these Terms or engages in prohibited uses. Upon termination, the Customer may request export of its data within 30 days.

11. Modifications

Canarium AI reserves the right to modify these Terms at any time. Material changes will be communicated to active Customers at least 30 days in advance. Continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms.

12. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Kingdom of Spain. Any disputes arising from or in connection with these Terms shall be submitted to the courts and tribunals of Santa Cruz de Tenerife, Spain.

13. Contact

For any questions regarding these Terms, please contact:

Canarium AI, Sociedad Limitada
Avda. Tres De Mayo 1
38005 Santa Cruz de Tenerife, Spain
legal@canarium.ai