1. Acceptance
The use of the services provided by Brainlogic AI SAS through its technological solution called Zapia, as well as the use of its integral software, applications, features, web or app interfaces (hereafter collectively referred to as Zapia and/or the Services), inherently implies the acceptance of these terms and conditions of use, as well as the privacy policy located at zapia.com/en/privacy. If you do not agree to these terms, you must refrain from using the Services.
2. Functionality
Zapia is a technological solution that applies artificial intelligence tools to achieve various functionalities, so that the User has an intelligent personal digital assistant to facilitate tasks, functions, and activities.
3. Extension or Application
Zapia may operate autonomously through its applications or connected via extensions or applications to third-party software. When operating in the technological ecosystem of third parties, Users understand and agree that all information, data, certain functions or activities will also be regulated by the terms and conditions of these third parties, and the User acknowledges and agrees to be bound by the applicable terms and conditions of those third parties. Additionally, Brainlogic AI SAS will not be directly or indirectly responsible for decisions, terms, features, technological limitations, or other variables decided by or occurring in third party services and impacting Zapia's services, features, or User data.
Additionally, the User acknowledges and agrees that, through Zapia’s proprietary applications, the User may grant Zapia access to certain resources, applications, or software programs used by the User. By granting such access, the User expressly authorizes Zapia to retrieve information from, interface with, and perform actions within such programs or applications. Accordingly, any action performed by Zapia pursuant to such authorization shall be deemed to have been validly authorized in advance by the User and shall be considered as carried out by the User, under the User’s sole responsibility. Such actions may include, without limitation, the sending of scheduled messages or the generation of transcriptions.
4. Registration and Access
All capable individuals over 18 years old who complete the subscription process and express acceptance of these terms and the privacy policy can be Users. The User guarantees that the provided data is truthful and accurate and commits to keep such data up to date and to immediately notify any change in subscription data. Our Services are not directed to minors under the applicable law in each country. By using the Services, you represent and warrant that you are of legal age under the applicable law of the country in which you are located and that you meet the minimum age required to use Zapia. Zapia is not intended for persons who have not reached such legal age.
5. Access Credentials
The access credentials received by the User after the subscription process are their sole responsibility. Users are obligated not to disclose their access credentials to third parties and to keep them securely and confidential. The User expressly agrees that any activity performed using their access credentials is deemed as done by the User, accepting a full presumption that does not admit contrary evidence. Users can modify or reset their access credentials at any time using procedures that comply with the information industry’s security standards. In the event that Zapia obtains access credentials or access authorizations from the Users in order to access the User’s programs or applications, the User provides such credentials or authorizations at the User’s sole risk.
6. Scope of the Usage License
By accessing Zapia, you will be using one or more software owned by Brainlogic AI SAS. Brainlogic AI SAS exclusively owns all intellectual property rights that compose Zapia and the Services and authorizes its use to the User temporarily, non-exclusively and on a non-sublicensable, non-transferable, revocable basis for personal use, for the duration and price determined in the subscription process, according to the scope of these terms and conditions and any other agreement or specifications in the subscription process.
7. Use Restrictions
It is prohibited to use Zapia for: i) providing services to third parties; ii) sublicensing, leasing, trading, or making it available to third parties in any form; iii) reverse engineering in any of its forms; iv) using its data, functions, or capabilities to create or develop a product or service available to third parties; v) infringing laws, regulations, or third-party rights, or any purpose that breaches or violates any applicable law or regulation; vi) crawling, scraping, harvesting, extracting or processing data massively, other than as permitted by these terms; vii) creating APIs or other forms of connection with Zapia or access the Services through unauthorized automated means without its consent; viii) using it as part of a mass messaging or communication system.
In essence, Zapia, its services, and functionalities can only be used according to these terms and conditions, for the manifest and natural purpose it is made available to the User. Any use directly or indirectly incurring the mentioned prohibitions, exceeding granted permissions, or misusing it or is inconsistent with the intended nature, purpose or functionality of Zapia, is prohibited. For security and data protection purposes, User is advised not to provide sensitive or confidential information to Zapia, including payment card details or other financial information, through free-text chat and if the User chooses to provide such information, they do so at their own risk and responsibility and subject to the provisions of Section 26.
Acceptable Use Policy. This Section governs the User’s conduct. Any breach of its provisions entitles Brainlogic AI SAS to take the measures set forth in Section 23.
The use of Zapia, or requesting assistance from Zapia, for any illegal, harmful, abusive, fraudulent, or unauthorized purpose is prohibited, including, without limitation, activities that compromise the cybersecurity of third parties or Zapia, involve fraud or identity theft, violate the privacy or rights of third parties, involve violence, exploitation, or abuse of any person, including minors, or involve the manufacture or acquisition of weapons or hazardous materials.
A breach shall include both the actual use of Zapia for any of the purposes prohibited herein and the mere request, instruction, or attempt to obtain assistance from Zapia for such purposes, regardless of whether Zapia rejected the request, executed it in whole or in part, or whether the User ultimately achieved the intended result. Likewise, circumventing, evading, or disabling Zapia’s security measures, controls, or safeguards constitutes a breach.
Brainlogic AI SAS may, acting reasonably and in good faith, determine whether conduct constitutes a violation of this Policy and take the measures set forth in Section 23.
8. Restrictions on the Use of Third-Party Integrations
The User acknowledges and agrees that Zapia functionalities that enable interaction with third-party services, must be used in accordance with applicable laws and the terms and conditions of such third parties. In this regard, it is expressly prohibited to use Zapia to: i) send unsolicited messages (spam); ii) carry out mass, automated or repetitive communications without prior consent of the recipients; iii) perform sales, promotional or marketing activities in an abusive, misleading or unauthorized manner; iv) contact individuals without having a valid legal basis or consent in accordance with applicable regulations; v) engage in any activity that may be considered abusive, fraudulent, invasive or contrary to the policies of third-party services.
The User is solely and exclusively responsible for the content of the messages sent, for obtaining the recipients’ consent, and for complying with the policies, terms and conditions of the third-party services used. Brainlogic AI SAS shall not be liable under any circumstances for suspensions, blocks or restrictions of accounts by third-party services, nor for the loss of access to accounts, phone numbers or associated services, nor for any direct or indirect damages arising from the improper use of these functionalities.
9. Warnings and prohibitions related to medical and therapeutic use
IMPORTANT WARNING: The use of Zapia AI for medical or therapeutic purposes is strictly prohibited.
Zapia AI STRICTLY DISCLAIMS any use of its system for medical or therapeutic purposes. While the system may contain general information on these topics, UNDER NO CIRCUMSTANCES is it authorized to be used for:
- Medical diagnosis or treatment
- Psychological or psychiatric therapy
- Mental health counseling
- Crisis intervention
- Any form of therapeutic counseling
10. Risks and consequences
- Zapia AI MAY MAKE MISTAKES regarding medical and therapeutic issues.
- Information provided MAY BE INCORRECT AND INCOMPLETE.
- Following medical or therapeutic advice from Zapia AI MAY BE RISKY.
11. It is absolutely prohibited to
- Use Zapia AI as a substitute for health care professionals.
- Make medical decisions based on your answers
- Use it for self-diagnosis or self-treatment.
- Use Zapia for therapy or counseling.
12. Consequences of non-compliance
Violation of this prohibition constitutes a SERIOUS FAILURE to comply with and a material breach of these Terms of Service and may result in:
- Account suspension
- Permanent termination of service
- Other legal action as appropriate
13. It is your responsibility to seek qualified professional help and assistance for any issues related to your physical or mental health
Zapia AI IS NOT, NOR WILL IT EVER BE, NOR IS IT INTENDED TO BE, a substitute for professional medical or therapeutic care.
14. User Content and Data
All data and content introduced by the User to Zapia may be used by Zapia to provide its services and features. It may also be processed to analyze individual User behavior or as part of a group, as well as to gather information relevant for improving software, services, features, User offerings, and Zapia's capabilities or other services or software owned by Brainlogic AI SAS, provided that such analysis and processing is carried out in an anonymized or pseudonymize manner and in a way that does not allow the User to be identified, in accordance with the Zapia Privacy Policy https://zapia.com/privacy?lang=en
15. Data Communication
THE USER EXPRESSLY ACCEPTS THAT, IN ORDER TO COMPLY WITH THE PREVIOUS PARAGRAPH, BRAINLOGIC AI SAS IS EXPRESSLY AUTHORIZED TO PROCESS THE DATA AND COMMUNICATE IT TO PROVIDERS OR PARTNERS, WITH THE SAME PURPOSE AS ESTABLISHED IN THE PREVIOUS PARAGRAPH AND THESE TERMS. CONTENTS AND DATA, WHETHER PERSONAL OR NOT, MAY BE PROCESSED AND STORED OUTSIDE THE COUNTRY OR REGION FROM WHICH YOU ACCESS ZAPIA. Where such processing involves personal data, international transfers shall be carried out in accordance with the applicable regulations in each jurisdiction. Additionally, Zapia may process, to the same extent, any data or information received from third-party programs or applications with which it interacts pursuant to and in accordance with the authorization granted by the User.
The User represents and warrants that, in the event that the User grants Zapia access to programs or applications of third-party providers, such access may provide Zapia with access to data or information relating to third parties. Where Brainlogic AI SAS processes such data on behalf of and following the instructions of the User, it may act as data processor, as applicable. With respect to the processing it carries out for its own purposes, in accordance with these Terms and the Privacy Policy, Brainlogic AI SAS shall act as data controller. The User represents and warrants that the User has the necessary authorizations or other lawful basis to provide Zapia with access to such data or information, where required under applicable law. . The User is solely responsible for having granted Zapia access to, or having transferred or communicated to Zapia, any third-party information.
16. Features
Zapia has artificial intelligence functions that can provide Users with information, answers, opinions, among other possible outcomes. Additionally, and specifically, it can operate as an agentic personal assistant, performing tasks on behalf of and as instructed by the User, such as: scheduling appointments and events, creating reminders and follow-ups, making bookings and reservations, sending messages or emails, and completing other everyday multi-step tasks, in order to fulfill the objectives or tasks requested by the User.
16 bis. Interactions with Third Parties
Zapia may perform actions on behalf of the User, such as interacting with businesses or third-party accounts to coordinate appointments, purchases, or other arrangements, as well as scheduling messages directed to third parties. In all cases:
A) Zapia acts solely as a technical intermediary and does not guarantee the quality, availability, compliance, or accuracy of third-party responses.
B) The User is solely responsible for the instructions and content they request to be sent to third parties through Zapia, as well as obtaining, where applicable any required authorization or prior consent to provide Zapia with third-party information or to request that Zapia act on their behalf.
C) Brainlogic AI SAS assumes no responsibility for consequences arising from errors, misunderstandings, costs, contractual breaches, or any outcome of interactions managed through Zapia.
D) Brainlogic AI SAS is not responsible for any payment obligations or commitments made while Zapia carries out tasks on behalf of the User.
E) Brainlogic AI SAS is not responsible for the improper, illegal, inappropriate, or unsuitable use of the services by User, for any use of the Services by User in breach of any of the terms mentioned herein, nor for the consequences that such use may cause to other users of third parties.
16 ter. Hooks
Zapia allows the User to activate the agent from WhatsApp conversations through the @zapia mention, using the User's own session, both in individual and group chats. In this regard:
A) This functionality requires the User to have completed the process of linking their WhatsApp account with Zapia and obtained, where applicable, the necessary authorizations to use this functionality and to allow access to and / or processing of the content involved.
B) When using this functionality in groups, the User expressly authorizes Zapia to access the content of said group conversation to the extent necessary to execute the requested task. The User shall be responsible for obtaining any authorizations that may be necessary to enable such access.
C) Messages sent to the source chat in the execution of this functionality are sent from the User's own number and shall be deemed as performed by the User, under their sole responsibility.
D) The User is solely responsible for the content sent through this functionality, as well as for its use and activation, and for compliance with WhatsApp's policies, terms and conditions, and applicable regulations.
E) Brainlogic AI SAS shall not be liable for suspensions, blocks or restrictions imposed by WhatsApp arising from the use of this functionality at the User's request.
16 quater. Sites
Zapia allows the User to create and publish publicly accessible web pages based on content and instructions provided by the User. In this regard:
A) Published pages are accessible by anyone with the link, and the User is solely responsible for the content published on such pages.
B) When the content includes personal data of third parties, the User declares and warrants that they have obtained the necessary authorization or consent of such third parties prior to publication.
C) Brainlogic AI SAS does not guarantee the availability, permanence or accuracy of the published content, nor assumes liability for the consequences arising from its access by third parties.
17. Limitation of Liability
Zapia and all its functionalities, including any functionality Zapia may offer in the future, are provided "as is" and "as available". Brainlogic AI SAS does not warrant that they will operate uninterrupted, accurately, or error-free, nor the accuracy, completeness, or suitability of any output, result, or action generated. Outputs and actions are produced automatically and may contain errors, omissions, or incorrect interpretations of the User's instructions. The User is solely responsible for supervising, verifying, and validating any output, result, or configuration before relying on it, including the configuration, frequency, and results of any automation or recurring action set up by the User, and for verifying content independently before using it for personal or professional purposes. Brainlogic AI SAS is not liable for any decision made or action taken on the basis of such outputs, nor for any failure, delay, omission, duplication, or incorrect execution of the actions requested by the User, or any resulting loss of data.
To the fullest extent permitted by applicable law, Brainlogic AI SAS's total and cumulative liability to the User for any claim related to the Service or these Terms shall not exceed the greater of: (i) the amounts actually paid by the User during the six (6) months preceding the event giving rise to the claim; or (ii) USD 100. In no event shall Brainlogic AI SAS be liable for indirect, incidental, special, punitive, or consequential damages, nor for loss of profits, data, use, or opportunity, even if advised of the possibility thereof. Nothing in this clause limits liability that the law does not permit to be excluded.
The User shall defend, indemnify, and hold harmless Brainlogic AI SAS, its directors, employees, and suppliers from and against any claim, loss, or expense (including reasonable attorneys' fees) arising out or relating, directly or indirectly, to: (i) the User's use of the Service; (ii) the User's breach of these Terms or of the policies of third-party platforms used by the User; or (iii) the violation of any law or third-party right.
18. Absence of Warranty and Limitation of Liability
To the fullest extent permitted by law, Brainlogic AI SAS and its suppliers disclaim all warranties, express or implied, including —without limitation— those of fitness for a particular purpose, merchantability, accuracy, availability, non-infringement, and, in particular, those relating to the security and privacy of information. No transmission over the Internet or method of storage is completely secure.
In relation to the Zapia functionalities, any features that may be incorporated into or made available through Zapia or performed by Zapia, it is specifically recorded, notified to the User, and they acknowledge and agrees that:
A) There is no guarantee that Zapia will fulfill any specific purpose, or the purpose or result sought by the User.
B) There is no guarantee that Zapia will not make mistakes in executing its functionalities, nor is the security or privacy of information guaranteed, including its loss, alteration, or access by unauthorized third parties. Despite this, BrainLogic AI SAS takes reasonable measures to ensure and maintain a continuously high level of privacy and security across its Services
C) There is no guarantee that Zapia will correctly interpret or understand User’s instructions.
D) Continuous or error-free operation is not guaranteed, and Zapia Services and access are provided on an "as is" principle.
E) There is no guarantee that the answers or suggestions provided by Zapia are correct, suitable, or relevant.
F) Zapia is not designed, and does not directly or indirectly have the ability to understand the legality or morality of any tasks or instructions requested by Users, hence should not be relied upon, to conclusively determine the legality, illegality, lawfulness, unlawfulness, or morality of any tasks or instructions requested by Users.
18 bis. Transparency in the Use of Artificial Intelligence
The User acknowledges and agrees that the results and responses are generated by Artificial Intelligence systems. This means that the responses may contain errors, omissions, or inaccuracies. Zapia does not replace critical review or human judgment, and it is the User’s responsibility to verify the information before making decisions of personal, professional, legal or economic relevance. The content is provided for informational purposes only and does not constitute professional medical, legal, financial, tax, or any other type of advice.
IN LIGHT OF THE ABOVE-MENTIONED ABSENCE OF WARRANTIES, THE USER IS SOLELY RESPONSIBLE FOR CONTINUOUSLY SUPERVISING AND VERIFYING, BY OTHER MEANS, THE RESULTS OR ACTIONS PERFORMED BY Zapia. BRAINLOGIC AI SAS ASSUMES NO DIRECT OR INDIRECT LIABILITY FOR THE OUTCOME OBTAINED FROM ITS USE, NOR FOR WHETHER OR NOT THE USER ACHIEVES THE PURPOSE OR RESULT THEY INTENDED TO ACHIEVE, NOR FOR THE PURPOSE FROM WHICH USERS USE IT. ALL ACTIONS PERFORMED BY Zapia, AT THE REQUEST OF THE USER AND ON THEIR BEHALF AND ORDER, EXCEPT AS REFERRED TO IN SECTION 17, WILL BE DEEMED, FOR ALL PURPOSES, TO HAVE BEEN PERFORMED BY THE USER, WHO SHALL BE THE SOLE RESPONSIBLE PARTY FOR SUCH ACTIONS AND THEIR CONSEQUENCES.
19. Personal Data
The use of Zapia necessarily implies the hosting and processing of the User´s personal data for the purpose of providing current or future functionalities. In this regard, the User expressly consents to, acknowledge, and agrees that:
A) Brainlogic AI SAS may host and process the User´s personal data, to the extent necessary, for the purposes set out in the terms and conditions.
B) Brainlogic AI SAS may carry out the host and technical process of personal data in the United States of America, where the User´s data may remain stored for the duration of the Service license and for the purpose of Service provision.
C) Brainlogic AI SAS may disclose or transfer the User´s data to providers, partners, or business partners within the framework and for the purposes established in these terms and conditions, as long as the third party ensures the confidentiality and security of the data in accordance with the applicable law.
D) Brainlogic AI SAS may provide recommendations or offers to Users.
E) Brainlogic AI SAS may, from time to time, process and store personal data of third parties to which it has been granted access and that have been provided by the User, with the User being responsible for obtaining, where applicable, the necessary authorizations and consents to provide such personal data to Zapia and permit its processing for the corresponding purposes.
20. Third-Party links and Affiliate Programs
Zapia may provide links to third-party websites and participate in third-party affiliate programs, meaning that Brainlogic AI SAS may receive commissions for purchases or actions the User performs through links or interactions provided on our platform. By using Zapia, the User acknowledges and agrees that:
A) Affiliate Links and Content: Some links, recommendations, or content presented on Zapia may be part of affiliate programs. These links may redirect the User to third-party websites where purchases or service agreements can be made. Brainlogic AI SAS’s participation in such programs does not mean that Brainlogic AI SAS is the provider, seller, or service provider of any products or services offered by third parties.
B) Third-Party Transactions: Any transaction made by the User through affiliate links is solely between the User and the third-party provider of the product or service. Zapia is not part of such transaction and assumes no responsibility for the quality, availability, accuracy, compliance, warranties, or any other obligation or consequence arising from or relating to such transactions.
C) Product and Service Information: While Zapia strives to provide accurate and up-to-date information, we do not guarantee the accuracy or completeness of the information related to products or services offered by third parties. Prices, availability, and features may change without prior notice.
D) Independence of Recommendations: The recommendations or suggestions provided by Zapia are generated through artificial intelligence algorithms and do not represent a specific endorsement or preference for any product, service, or particular provider. The recommendation of any product, service, or provider does not constitute a guarantee, certification, or endorsement of its quality, suitability, or performance.
E) Third-Party Policies: By accessing third-party websites the User will be subject to the terms and conditions, as well as the privacy policies of those third parties. The User is responsible for carefully reviewing such policies before proceeding with any transaction.
F) Commercial Transparency: Zapia complies with applicable regulations regarding advertising and commercial practices. Any benefits obtained through affiliate programs are used for the maintenance and improvement of our Services.
Business Inquiries and Partnerships. Proposals for partnerships, alliances, or commercial integrations are not governed by these Terms and must be directed to [partners@zapia.com]. No communication within this framework shall create any obligation for Brainlogic AI SAS until a specific written agreement is entered into.
21. Intellectual Property
Brainlogic AI SAS is the exclusive owner of all intellectual property rights in Zapia and the Services, including their software, models, algorithms, interfaces, databases, trademarks and other components, as well as in any improvements, developments and derivative works thereof (excluding Outputs, as defined below), and in any aggregated or anonymized information derived from the use of the Services. Nothing in these Terms shall be construed as an assignment to the User of any rights in such elements, except for the license of use set forth in Section 6.
The User retains full ownership or any relevant rights they hold in the data or intellectual property they enter into Zapia ("Inputs") and represents and warrants that they hold all rights and authorizations necessary to do so, and shall hold Brainlogic AI SAS harmless from any third-party claim arising from the Inputs.
Subject to compliance with these Terms, the User may use the results generated by Zapia based on the Inputs ("Outputs") for any lawful purpose. Brainlogic AI SAS does not warrant that Outputs are original, exclusive, eligible for intellectual property protection, or non-infringing of third-party rights. The User acknowledges that Zapia may generate identical or similar Outputs for other Users, and that the User is solely responsible for any use they make of them.
The User grants Brainlogic AI SAS a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, reproduce, adapt, store and process the Inputs, and the Outputs to the extent the User holds any rights in them, for the purpose of providing, maintaining, protecting, improving and developing the Services and other products or services of Brainlogic AI SAS, as provided in Section 14.
Any suggestions, comments or proposals for improvement submitted by the User to Brainlogic AI SAS may be freely used by Brainlogic AI SAS without any obligation to compensate the User.
The processing of any personal data contained in the Inputs or Outputs shall be governed by the Privacy Policy and applicable law.
22. Information Security
Brainlogic AI SAS will make efforts to apply logical, physical, and legal information security measures, according to the average standard of the information technology industry. Regardless, it will not be directly or indirectly liable for security breaches, unauthorized access, hacking, or other incidents that compromise security, unless they occur as a result of fraud or malice by Brainlogic AI SAS.
Misuse Detection. Brainlogic AI SAS may detect, monitor, investigate, and take appropriate measures in relation to uses contrary to these Terms through manual or automated means, including artificial intelligence, to protect the safety of Users, third parties, and the Service. Brainlogic AI SAS may retain content, records and other evidence necessary to substantiate a case, prevent, detect or investigate potential violations of these Terms, or comply with legal obligations, and may bring to the attention of the competent authorities any conduct it reasonably considers may constitute a criminal offense or to pose a serious risk to the safety of persons, where appropriate or required by applicable law.
23. Term and Termination
These terms and conditions and their successive versions will be in force for as long as the User uses Zapia, notwithstanding that once the User ceases to use Zapia or ceases to be a subscriber of Zapia, those provisions or sections that, by their nature, are intended to survive termination or cessation of use of the Service, shall continue to apply.
Brainlogic AI SAS may: i) upon a breach of these Terms, adopt, at its reasonable discretion and depending on the severity of the conduct, the measures it deems appropriate, including without limitation, warning, limitation of features, suspension, termination of the account, or reporting to the competent authorities, and may act immediately and without prior notice where the conduct involves a risk to the safety of persons; and ii) at any time and without incurring any liability, suspend or terminate access and the provision of Services or functionalities, either partially or fully, giving Users 24 hours' prior notice, except in the cases under item i).
A User may request review of a suspension or termination measure by writing to compliance@zapia.com within 30 calendar days. Brainlogic AI SAS will review the request and, at its reasonable discretion, determine whether to maintain, modify or lift the measure. The submission of a review request shall not suspend or otherwise affect the application of the relevant measure.
24. Data and Termination
Once the relationship with the User has ended, Brainlogic AI SAS will retain and delete the User's information in accordance with the timeframes established in the Privacy Policy. Except where required by law, requested by a competent authority, or as legitimately necessary to preserve information in connection with disputes, fraud, or security incidents, Brainlogic AI SAS will not retain the User's personal data for a period longer than that indicated in such Policy. Brainlogic AI SAS is not obligated to maintain backup copies of the User's content beyond such timeframes.
25. Subscriptions and Payment Plans
Brainlogic AI SAS may offer certain functionalities, services or access levels of Zapia subject to the payment of fees or recurring subscriptions. The scope, features, limitations, pricing and conditions applicable to each plan will be communicated to the User during the corresponding contracting process, and Brainlogic AI SAS does not guarantee the continuous availability of any specific functionality. Prices may vary depending on the User’s country and local currency. Brainlogic AI SAS may modify the prices, functionalities, features, or terms applicable to its plans, in accordance with applicable law, and will notify the User where required.
Payment processing is carried out exclusively through third-party providers, including app distributors such as the App Store or Google Play, or payment platforms enabled in the web version. Such third parties shall be responsible for processing and, where applicable, storing and protecting payment method information, in accordance with their own terms, conditions and policies. Accordingly, billing, renewals, cancellations and refunds shall be subject, as applicable, to the terms and conditions of the relevant payment provider. Brainlogic AI SAS does not process or store directly the User’s payment method information.
Subscriptions automatically renew at the end of each billing period. Cancellation must be carried out through the platform or app store where the subscription was purchased before the end of the current period. Except as provided below regarding the right of withdrawal, cancellation does not generate any refund; however, but the User will retain access to the subscribed functionalities until the end of the already paid period. Uninstalling the application does not constitute cancellation of the subscription.
If Brainlogic AI SAS offers a free trial period, the User may cancel the subscription within such period at no cost. Purchasing a paid plan during the trial period implies waiving the remaining trial time. If the trial period expires without cancellation, the subscription will automatically convert into a paid subscription as set forth herein. The trial period will not be reinstated in case of plan changes or subsequent cancellation and re-subscription.
The User may withdraw from the contract, without stating a reason, within seven (7) calendar days from the date of contracting, or within any longer period established by the consumer protection laws applicable in the User's country of residence. In such case, Brainlogic AI SAS will refund the full amount paid for the cancelled subscription, without undue delay and no later than within fourteen (14) days of receiving the request, through the same payment method, subject to the settlement timeframes of the relevant store or payment gateway.
Notwithstanding the foregoing, Users residing in the European Union may withdraw from the contract within fourteen (14) calendar days from the date of contracting.
Brainlogic AI SAS may modify subscription prices. Any price increase will be communicated to the User with no less than fourteen (14) days' notice, by email or notice within the application, and will take effect only in the following renewal period. The User may cancel the subscription before that date if they do not accept the new price; otherwise, it will be deemed accepted.
Brainlogic AI SAS may modify at any time the functionalities, features, usage limits or conditions of the available plans, as well as introduce new plans or discontinue existing ones.
Failure to make payment may result in the suspension or cancellation of access to the corresponding functionalities. Brainlogic AI SAS shall not be liable for errors, failures or interruptions in payment processing carried out by third-party providers.
Brainlogic AI SAS may establish, apply, and modify at any time usage limits, quotas, message counts, capacity, and other technical or plan-related restrictions, at its sole discretion and without any obligation to disclose their specific values, in order to protect the integrity, security, and sustainability of the Service. The modification of such limits does not constitute a breach of these Terms.
26. Confidential Information
All data and information provided to Brainlogic AI SAS and Zapia will be treated individually as confidential information and shall not be disclosed to third parties, except as provided in these terms and other documentation referenced herein. Notwithstanding the foregoing, the User acknowledges that, due to the nature of the Services, certain information may be processed, stored, disclosed to, or made available to third-party service providers acting on behalf of Brainlogic AI SAS, as further described in these Terms and the Privacy Policy. GIVEN THE ABSENCE OF WARRANTIES RECEIVED BY THE USER AND THE LIMITATION OF LIABILITY, THE USER IS ADVISED NOT TO PROVIDE OR INPUT SENSITIVE AND CONFIDENTIAL INFORMATION TO ZAPIA, AND IF THEY DO SO, THEY DO IT AT THEIR OWN RISK.
27. Dispute Resolution - Arbitration
Any doubt, difficulty, or dispute arising between the parties which cannot be otherwise mutually agreed upon between the parties concerning these terms and conditions and their subsequent versions relating to their interpretation, fulfillment, validity, execution, termination, or any other cause related to the rights or obligations arising directly or indirectly from the use of Zapia, will be resolved by arbitration by the Arbitration and Mediation Center of the Stock Exchange of the Oriental Republic of Uruguay, accepting all its regulations. The designated arbitrator(s) are expressly empowered to resolve any matter related to his or her competence or jurisdiction. The Arbitration will be by law, conducted by a sole arbitrator and in the Spanish language, and the arbitral award shall be final and binding upon the parties.
28. Claims
Users can make claims to Brainlogic AI SAS within 180 days from the event or situation that results in the alleged breach or harmful act. After this period, the right to initiate any actions against Brainlogic AI SAS will be time-barred. In all cases, Brainlogic AI SAS will take and try to resolve the claims made, applying these terms and conditions, as well as the applicable laws to the specific case. The claim by the User is considered a prerequisite and necessary before initiating a dispute resolution through arbitration.
29. Notifications
The User establishes their email address, provided at the time of subscription, as the domicile for all notifications, accepting electronic means and documents as valid and effective communication to such domicile. Additionally, any electronic mechanism by which the User expressly consents or acknowledges having received the notification is established as a valid notification method.
Brainlogic AI SAS may also send notifications to the User through the Platform, including pop-up messages, banners, notices within the User's account or equivalent mechanisms.
Any notification to be made to Brainlogic AI SAS should be sent to legal@zapia.com and compliance@zapia.com. The notification will be considered duly made 7 calendar days after the evidence of its delivery to the referenced email addresses.
30. Sole Agreement - Modifications
These terms and conditions, complemented by the privacy policy and the specific provisions of the subscription process, constitute the entire agreement between the User and Brainlogic AI SAS, for Zapia in connection with the User´s use of Zapia. Brainlogic AI SAS may at any time modify these Terms and Conditions, as well as the privacy policy. Modifications must be notified to the Users and will take effect in all cases no earlier than 7 calendar days after such notification. Users may accept or decline the new terms; if they decline them, they must cease using all services and access to Zapia.
31. Severability
If any provision of these Terms is held null, invalid or unenforceable, in whole or in part, by a competent authority, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
32. Language
These Terms are made available in Spanish, English and Portuguese. In the event of any discrepancy or inconsistency between the three versions, the Spanish version shall prevail
33. Applicable Law
The law applicable to the licenses of use granted, services provided, and other circumstances related to these terms and conditions will be the law of the Oriental Republic of Uruguay.
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