Terms and Conditions of Use
Customer Service Chatbot Service
1. PURPOSE AND SCOPE
These Terms and Conditions of Use (hereinafter, the "Terms") govern access to and use of the artificial
intelligence-based customer service chatbot service (hereinafter, the "Service" or the "Chatbot") provided by
Eloy Garrido Castro, trading as Solneko (hereinafter, the "Provider"), to business clients (hereinafter, the
"Client").
The Service is aimed exclusively at legal entities and self-employed professionals acting in the course of
their commercial, business or professional activity. It is not intended for end consumers within the meaning
of Spanish Royal Legislative Decree 1/2007.
Access to and use of the Service implies full and unreserved acceptance of these Terms. If the Client does not
agree with them, it must refrain from using the Service.
These Terms include as an integral part Annex I:
Data Processing Agreement (DPA), which governs the specific
obligations regarding the protection of personal data
under the GDPR.
2. DESCRIPTION OF THE SERVICE
The Service consists of an automated chatbot solution based on artificial intelligence technology, designed to
provide customer service support to contracting businesses. Features include, among others:
- Automated responses to frequently asked questions from the Client's end users
- Escalation to human agents when necessary
- Collection of information for incident management
- Integration with the Client's systems as contractually agreed
The technical specifications, functional scope and applicable service levels (SLA) will be detailed in the
services agreement signed between the parties.
3. NATURE OF THE SERVICE AND AI LIMITATIONS
The Client expressly acknowledges and accepts that:
3.1. The Chatbot is an artificial intelligence tool that operates in an automated manner and may make errors, inaccuracies, or generate incomplete responses.
3.2. The Chatbot does not replace professional human advice in any field (legal, technical, medical, financial, etc.).
3.3. The Provider does not guarantee that the Chatbot will provide correct answers to 100% of queries, nor that it will be available uninterruptedly.
3.4. The Client is responsible for supervising the operation of the Chatbot when deployed to its own end users, and for implementing such quality controls as it deems necessary.
3.5. The Chatbot's responses do not constitute official statements or contractual commitments by the Provider, unless expressly stated otherwise.
4. ACCESS AND USE CONDITIONS
4.1. Access requirements
To access the Service, the Client must:
- Be a validly incorporated legal entity or a self-employed professional
- Have signed the corresponding services agreement with the Provider
- Have the technical means necessary for integrating the Service
4.2. Access credentials
The Client will receive access credentials (API keys, tokens or other authentication means) for the exclusive
use of the contracting business. The Client undertakes to:
- Keep the credentials confidential
- Not transfer or share the credentials with unauthorized third parties
- Immediately notify the Provider of any unauthorized use or security breach
4.3. Permitted uses
The Client may use the Service for:
- Automated support for its customers and end users
- Integration into its platforms, web applications or communication channels
- Testing, development and integration in staging or production environments
4.4. Prohibited uses
It is expressly prohibited to:
- Use the Service for unlawful, fraudulent activities or activities contrary to public order
- Attempt to access, modify or damage the Provider's systems
- Reverse engineer the Chatbot or the underlying models
- Use the Service to generate defamatory, discriminatory, obscene content or content that infringes the rights of third parties
- Exceed agreed usage limits without prior authorization
- Sublicense or resell the Service to third parties without the Provider's express authorization
- Use the Service to train other artificial intelligence models without prior written consent
5. OBLIGATIONS OF THE PROVIDER
The Provider undertakes to:
- Provide the Service in accordance with the technical specifications contractually agreed
- Maintain adequate security measures to protect the Service and the data processed
- Notify the Client with reasonable advance notice of planned interruptions to the Service
- Provide technical support in accordance with the levels agreed in the contract
- Comply with applicable data protection regulations (GDPR and LOPDGDD)
6. OBLIGATIONS OF THE CLIENT
The Client undertakes to:
- Use the Service in accordance with these Terms and applicable law
- Adequately inform its end users about the use of AI technology in customer service, in accordance with applicable regulations
- Obtain the necessary consents from its end users where applicable
- Not incorporate particularly sensitive data into the Chatbot without prior agreement with the Provider
- Promptly notify the Provider of any incident, malfunction or security breach detected
- Keep contact details up to date for purposes of Service communications
- Include the Provider in its Privacy Policy as a
chatbot service provider, in accordance with the DPA
- Configure the chatbot widget to display the privacy notice
to its end users before starting the conversation
7. INTELLECTUAL PROPERTY
7.1. The Chatbot, the underlying software, the AI models, the documentation and all elements comprising the Service are the property of the Provider or its licensors, and are protected under Spanish and EU legislation on intellectual and industrial property.
7.2. Subscription to the Service does not imply the transfer of any intellectual property right to the Client, but only a non-exclusive, non-transferable license limited to the scope of the signed contract.
7.3. The content, knowledge bases and specific configurations provided by the Client for customizing the Chatbot will remain the property of the Client.
7.4. The Provider does not acquire any right over the Client's business data entered into the system, except as provided in the Data Processing Agreement (DPA) signed between the parties.
8. PROTECTION OF PERSONAL DATA
8.1. In the course of providing the Service, the Provider will act as processor of the personal data of the Client's end users, in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD).
8.2. The processing of personal data will be governed by the
Data Processing Agreement (DPA), which forms an
integral part of these Terms as Annex I. The DPA is
available here and governs:
- Purposes and legal basis of the processing
- Types of data processed and categories of data subjects
- Security measures applied
- Sub-processors used
- Rights of data subjects and the procedure for exercising them
- International data transfers, if any
- Obligations in the event of a security breach
8.3. The Client acts as controller with
respect to the data of its end users. It is the Client's exclusive
responsibility to:
- Obtain the appropriate legal bases for the processing
(consent, legitimate interest, etc.)
- Inform its end users about the use of the chatbot and the
processing of their data
- Handle data subject rights requests (access, rectification,
erasure, objection) from its end users
- Notify security breaches to the competent authorities
when applicable
8.4. For more information on the processing of the Client's own data as the contracting party, see the Provider's Privacy Policy, available here.
9. SUB-PROCESSORS AND INTERNATIONAL TRANSFERS
9.1. The Client expressly authorizes the Provider
to use the following sub-processors for the provision of the Service:
- OpenAI Inc. (United States) - Natural language
processing via API
- OVHcloud (European Union) - Hosting and infrastructure services
9.2. The complete and up-to-date list of sub-processors
is available here
9.3. The Provider undertakes to notify the Client
at least 30 days in advance of the addition of new
sub-processors. The Client may object for justified reasons within
that period.
9.4. International data transfers to
third countries (especially the United States, due to the use of OpenAI) are
carried out by means of Standard Contractual Clauses approved by the
European Commission, as established in the DPA.
10. CONFIDENTIALITY
Both parties undertake to maintain the strictest confidentiality regarding the information that each makes
available to the other in the course of the business relationship, including technical, commercial or
financial information, and not to disclose it to third parties without the prior written consent of the party
that provided it. This obligation shall remain in force for the duration of the contract and for a period of
2 years after its termination.
11. AVAILABILITY AND SERVICE LEVEL
11.1. The Provider will make its best efforts to ensure the availability of the Service in accordance with the levels agreed in the contract.
11.2. The Provider may interrupt the Service, in whole or in part, for technical, maintenance, security or force majeure reasons, notifying the Client with as much reasonable advance notice as possible.
11.3. The Provider does not guarantee that the Service will be free of errors or interruptions at all times.
12. LIABILITY AND LIMITATION OF LIABILITY
12.1. The Provider will be liable for direct damages caused to the Client resulting from breach of its obligations, subject to the limits set forth in the services agreement.
12.2. Under no circumstances shall the Provider be liable for:
- Indirect or consequential damages, loss of profit or loss of reputation of the Client
- Damages arising from improper use of the Service by the Client or its end users
- Decisions made by the Client based on the Chatbot's responses
- Service interruptions due to force majeure or third-party provider failures
- Inaccuracies or errors in the responses generated by the AI
12.3. The Provider's total liability towards the Client shall be limited to the amount paid by the Client in the 3 months prior to the event causing the damage, except in cases of willful misconduct or gross negligence.
13. PRICE AND PAYMENT TERMS
13.1. The economic conditions of the Service, including price, payment method, billing, usage limits and features of the contracted plan, will be governed by the services agreement signed between the parties or, where applicable, by the commercial offer accepted by the Client.
13.2. The Provider may update its plans, rates, included features, usage limits or commercial conditions applicable to the Service, provided that it notifies the Client at least 15 days in advance by email or via notice on the platform.
13.3. Unless expressly agreed otherwise or legally required, such modifications shall have no retroactive effect and shall not affect periods already invoiced or paid, and shall apply from the next renewal, the next billing cycle or the effective date indicated in the notification. If the Client does not agree with the modification, it may terminate the contract before its effective date without additional penalty.
14. DURATION, RENEWAL AND TERMINATION
14.1. These Terms will remain in force for as long as the contractual relationship between the Provider and the Client lasts.
14.2. Either party may terminate the contract in the circumstances and with the notice period established in the services agreement.
14.3. The Provider may suspend or terminate access to the Service, with immediate effect, in the following cases:
- Serious breach of these Terms by the Client
- Repeated failure to pay
- Use of the Service for unlawful or fraudulent activities
- Risk to the security or integrity of the system
14.4. Following termination of the contract, the Client must immediately cease using the Service. The Provider will proceed to delete the data in accordance with the provisions of the DPA.
15. MODIFICATIONS TO THE TERMS
15.1. The Provider reserves the right to modify these Terms, notifying the Client at least 15 days in advance by email or via notice on the Service platform.
15.2. Where the modification substantially affects the contracted Service, the economic conditions, or the Client's rights and obligations, the Client may terminate the contract before the effective date of the modification, without penalty.
15.3. Continued use of the Service after the new Terms take effect will imply their acceptance, unless the Client had previously communicated its intention to terminate the contract.
16. APPLICABLE LAW AND JURISDICTION
16.1. These Terms are governed by Spanish law, in particular:
- Law 34/2002, on Information Society Services (LSSI-CE)
- Royal Legislative Decree 1/1996, Intellectual Property Law
- Regulation (EU) 2016/679, on Data Protection (GDPR)
- Organic Law 3/2018, on Personal Data Protection (LOPDGDD)
- Regulation (EU) 2024/1689, on Artificial Intelligence
16.2. For the resolution of any dispute, the parties submit to the Courts and Tribunals of Seville, expressly waiving any other jurisdiction.
17. GENERAL PROVISIONS
17.1. Entire agreement: These Terms, including
Annex I (DPA), together with any services agreement that may be
signed, constitute the entire agreement between the parties.
17.2. Partial invalidity: If any provision is declared null or unenforceable, the remainder shall remain in force.
17.3. No waiver: The fact that the Provider does not exercise any right shall not imply a waiver thereof.
17.4. Communications: Communications between the parties shall preferably be made by email to the addresses indicated in the contract.
18. CONTACT
For any query relating to these Terms:
Version 1.0 | Last updated: April 4, 2026
