Ubex platform · Qira application builder · AI features · hosted runtime

Operator: TechVision Mallorca SL, CIF B72772940, Marratxí, Illes Balears, Spain

Contact for all legal matters: admin@techvision.es

How to read this document: [B] applies to business customers. [C] applies to consumers. Unmarked sections apply to everyone.

1. These Terms

1.1 These Terms govern your access to and use of the Ubex platform, including the Qira application builder, the AI features, the hosted runtime, APIs, documentation and any related services (the “Service”).

1.2 By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of a company, you confirm you are authorised to bind it.

1.3 Two tracks. These Terms apply differently depending on who you are:

(a) Business customers — you use the Service in the course of a trade, business, craft or profession. Sections marked [B] apply to you.
(b) Consumers — you are a natural person acting for purposes outside your trade, business, craft or profession. Sections marked [C] apply to you.

Sections with no marker apply to everyone. If you are a consumer, nothing in these Terms removes rights you have by law. Where a clause conflicts with mandatory consumer law, the law prevails and the rest of these Terms stays in force (§23.9).

1.4 Related documents, all binding and incorporated by reference: Acceptable Use Policy; Privacy Policy; Data Processing Agreement (“DPA”); Sub-processor List; AI Transparency Notice; Cookie Policy; Refund & Cancellation Policy; Open-Source Notice.

1.5 Mixed use. If you use the Service partly for business and partly for private purposes, you are treated as a business customer, unless the business purpose is so limited that it is not predominant in the overall context of the contract.

2. Definitions

“Customer Content” — anything you upload, paste, connect or submit, including prompts, files, datasets and credentials.

“Output” — code, text, designs, configurations or other material generated by the Service in response to your input.

“Your Application” — any application, workflow or software you build, generate or deploy using the Service.

“End User” — a person who accesses Your Application.

“Third-Party Model” — an AI model operated by a provider other than us.

3. Eligibility, accounts and security

3.1 You must be at least 18 and legally capable of entering a contract.

3.2 You are responsible for the accuracy of your account details, for keeping credentials confidential, and for all activity under your account. Tell us promptly at admin@techvision.es if you suspect unauthorised access.

3.3 Suspension. We may suspend an account where we reasonably believe there is a security risk, unlawful use, or a breach of these Terms or the Acceptable Use Policy. We will act proportionately and, where practicable, tell you why and give you a chance to fix the problem. Where the risk is serious or urgent, we may suspend immediately and notify you afterwards.

4. The Service, plans and changes

4.1 The Service is provided as described in the plan description and documentation on ubex.ai at the time of purchase. Features may differ by plan. Marketing statements elsewhere on the website do not create contractual commitments unless they form part of that plan description or documentation.

4.2 We may change, improve or discontinue features.

[B] For paid plans we will give at least 30 days’ notice of any change that materially reduces functionality you rely on. You may terminate the affected subscription without penalty before the change takes effect, and we will refund prepaid fees for the unexpired period.
[C] We will change the Service only for a valid reason (for example security, legal compliance or technical improvement), at no additional cost to you, and with clear information. If a change negatively affects your access or use more than to a minor extent, we will inform you in good time on a durable medium, and you may terminate free of charge within 30 days of the notice (or of the change, if later) and receive a pro-rata refund of prepaid fees.

4.3 Beta and preview features are offered as-is, may change or be withdrawn without notice, and carry no availability commitment.

4.4 Self-hosted / on-premise deployments are governed by a separate written agreement. Where you self-host, we do not process End User personal data on your behalf and §7.3 does not apply.

5. AI features, model routing and data handling

5.1 The Service generates Output using AI models, including Third-Party Models. The model used for a given request may vary based on the feature, the plan, availability and your settings.

5.2 Model providers. Requests may be routed to third-party AI model providers, some of which are located or process data outside the European Economic Area, including in the United States. The current list of providers, their roles and their processing locations is maintained in the Sub-processor List referred to in the DPA, and we give notice of changes as set out in the DPA. Where personal data is transferred outside the EEA, we rely on a valid transfer mechanism (such as the EU–US Data Privacy Framework or Standard Contractual Clauses), as described in the DPA.

5.3 No training on your data. We do not use Customer Content or Output to train or fine-tune AI models, and we contractually require our model providers not to do so. Where a provider offers a zero- or limited-retention setting, we enable it as described in the Sub-processor List. Some providers may retain data for a limited period for security, abuse-monitoring or legal purposes; where this applies it is described in the Sub-processor List.

5.4 Bring your own keys. Where you connect your own provider account or API key, your relationship with that provider is governed by your agreement with them, and §5.3 applies only to the extent that provider’s terms allow.

5.5 You control what you submit. Do not submit special-category data (Art. 9 GDPR), regulated data, or third-party personal data unless you have a lawful basis and, where required, the DPA applies (§1.4).

5.6 Secrets. Avoid including credentials, API keys or other secrets in prompts or in content that may be sent to model providers (see also §7.5).

6. Consumer right of withdrawal [C]

6.1 If you are a consumer in the EU/EEA, you have 14 days from the conclusion of the contract to withdraw without giving a reason. To withdraw, send a clear statement to admin@techvision.es, or use the withdrawal function we make available on our website or in your account where provided. You may use the model form in the Annex, but you are not required to. We will acknowledge receipt of your withdrawal without delay on a durable medium.

6.2 Early performance of a digital service. If you want the Service to begin during the withdrawal period, we will ask you at checkout to (a) expressly request that performance begins immediately, and (b) acknowledge that, if you then withdraw, you must pay us an amount proportionate to what has been supplied up to the time you tell us of your withdrawal, and that you lose the right to withdraw once the Service has been fully performed, where the law so provides. We will confirm this to you on a durable medium (for example by email). If you do not give these confirmations, your withdrawal right is unaffected and you owe nothing for use of the Service during the withdrawal period.

6.3 Digital content. Where we supply digital content that is not on a tangible medium (for example a downloadable file), you lose the right to withdraw once performance has begun with your prior express consent and your acknowledgement that you will lose that right, as provided by Art. 16(m) of Directive 2011/83/EU, as transposed in Spain by the TRLGDCU (Real Decreto Legislativo 1/2007, as amended by Real Decreto-ley 24/2021) and in Romania by OUG nr. 34/2014.

6.4 Where you withdraw validly, we refund all payments (less any proportionate amount due under §6.2) without undue delay and within 14 days of the day we receive your withdrawal notice, using the original payment method.

6.5 Nothing in this §6 affects your rights where the Service is defective (§12.4), or any broader withdrawal rights granted by the mandatory law of your country of residence.

7. Customer Content, Your Applications and our role

7.1 You keep ownership of Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process and display Customer Content solely to provide, secure and support the Service, and to comply with law. This licence ends when the content is deleted, except for backups and legal retention.

7.2 You are responsible for Your Applications — their content, their legality, their End Users, and any regulated activity they perform. You must not represent Your Applications as ours.

7.3 Data protection roles.

[B] For personal data contained in Customer Content and End User data processed in the hosted runtime, you are the controller and we are the processor, acting on your documented instructions under the DPA. For account, billing and website data we are the controller — see the Privacy Policy.
[C] If you use the Service for purely personal purposes, we act as controller of your account and billing data as described in the Privacy Policy. If you build applications that process other people’s personal data, you may be treated as a business customer under §1.5.

7.4 You must have a lawful basis for all personal data you process through the Service, and must provide your own privacy notice to End Users.

7.5 Credentials and secrets. You are responsible for secrets you place in Your Applications. We recommend a secrets manager and least-privilege access.

8. Intellectual property

8.1 Ours. The Service, the platform, our software, models we own, documentation, and all improvements to them remain our property and that of our licensors. We grant you a non-exclusive, non-transferable right to use the Service during your subscription, within the limits of your plan.

8.2 Yours. As between us, you own Your Applications and the Output generated for you, to the extent the law allows us to assign it. We assign to you any rights we may have in Output generated specifically for your account. Third-Party Models may be subject to their own licence terms, which are listed in the Open-Source Notice or the documentation where applicable.

8.3 No warranty of title in AI Output. AI models may reproduce material that resembles third-party content. We do not warrant that Output is free of third-party rights, and we cannot guarantee it is unique.

[B] You are responsible for clearing rights before commercial use. This is a material allocation of risk reflected in the fees. Any claim concerning Output is governed by this §8.3 and not by §13.3.
[C] This §8.3 does not limit your statutory rights, including conformity rights under §12.4.

8.4 Feedback. If you send us suggestions, we may use them without restriction or obligation.

8.5 Open source. The Service includes open-source components licensed under their own terms, listed in the Open-Source Notice. Those licences prevail over these Terms for those components.

9. Acceptable use

9.1 Your use is governed by the Acceptable Use Policy, which forms part of these Terms. It prohibits, among other things, unlawful use, infringement, malware, unauthorised access, and use in the prohibited high-risk contexts defined in that policy.

9.2 We may remove content or suspend access in the circumstances and in the manner described in §3.3.

9.3 Illegal content. If you believe content hosted through the Service is illegal, you may notify us at admin@techvision.es, giving enough detail to identify the content and explain why it is illegal. We will handle notices and, where required, give reasons for our decisions in line with applicable law, including Regulation (EU) 2022/2065 (Digital Services Act).

10. Third-party services

10.1 The Service depends on third parties (cloud infrastructure, model providers, payment processing, email). Their failures may affect the Service.

10.2 [B] We use reasonable efforts to restore service and to select providers with appropriate safeguards. Where a third party acts as our sub-processor, we remain responsible to you for its performance as required by Art. 28(4) GDPR and the DPA. We are not liable for third-party services outside our reasonable control that are not our sub-processors.

10.3 Links to third-party sites are provided for convenience; we do not control them and are not responsible for their content or terms.

11. Fees, billing and taxes

11.1 Fees are those shown at purchase, in euro. [B] Fees are exclusive of VAT unless stated; you are responsible for applicable taxes except taxes on our income. [C] Prices shown to consumers include VAT.

11.2 Subscriptions renew automatically for the same period unless cancelled before renewal. You can cancel in account settings at any time; cancellation takes effect at the end of the current period (subject to §15.2).

11.3 Payments are processed by Stripe. We are the seller of record; Stripe acts as our payment processor. You authorise recurring charges until cancellation.

11.4 Price changes. [B] We will give at least 30 days’ notice of price increases; they apply from your next renewal. [C] We will give at least 30 days’ notice and you may cancel before the increase takes effect.

11.5 Late payment. [B] We may suspend the Service after 14 days’ written notice of non-payment, and charge statutory interest.

11.6 Refunds. Refunds are governed by the Refund & Cancellation Policy and by the refund rights expressly granted in these Terms. [C] Your statutory rights are unaffected.

11.7 Chargebacks. [B] Please contact us before initiating a chargeback so we can resolve the issue.

12. Availability, support and warranties

12.1 No SLA unless separately agreed. We aim to keep the Service available but do not promise a specific uptime level in these Terms. Any service-level commitment must be agreed in a separate signed document, and only then creates a contractual obligation.

12.2 Support is provided as described in the plan description for your plan, during business hours (Europe/Bucharest), in English.

12.3 Warranty. We warrant that the Service will materially conform to its documentation under normal use. [B] Your remedy for breach is repair or re-performance, and if neither is possible, termination and a refund of prepaid fees for the affected period. [C] You also have statutory conformity rights for digital services (§12.4).

12.4 Consumer conformity rights [C]. Where the Service is not in conformity, you are entitled to have it brought into conformity, to a proportionate price reduction, or to terminate — under the conditions of the applicable national law transposing Directive (EU) 2019/770: in Spain, the TRLGDCU (Real Decreto Legislativo 1/2007) as amended by Real Decreto-ley 24/2021; in Romania, OUG nr. 141/2021. The conformity guarantee period is set by that national law.

12.5 Disclaimers — what we do not warrant. Subject to §12.4 and §12.5(e):

(a) AI Output is probabilistic. It may be inaccurate, incomplete, non-unique, insecure or unsuitable for your purpose.
(b) [B] We do not warrant that Output is fit for a particular purpose, legally compliant in your jurisdiction, secure against all attack, or free of third-party rights.
(c) [B] We do not warrant uninterrupted or error-free operation, or that defects will all be corrected.
(d) [B] You are responsible for reviewing and testing Output before production use, including for security, accessibility, data protection and regulatory fitness.
(e) Nothing in this §12.5 limits liability for the matters listed in §14.2, or any warranty that cannot be excluded by law.

13. Indemnities

13.1 You indemnify us [B] against third-party claims and resulting losses, damages, reasonable costs and, to the extent lawfully indemnifiable, fines, arising from:

(a) Your Applications or their content;
(b) Customer Content, including any allegation that it infringes rights or was processed without a lawful basis;
(c) your breach of your obligations under §7 or of the Acceptable Use Policy;
(d) your failure to provide a privacy notice or obtain consent from End Users;
(e) your use of Output in a regulated or safety-critical context; or
(f) your breach of §23.6 (sanctions and export).

13.2 Consumer limitation [C]. §13.1 does not apply to you as a consumer except to the extent a claim arises from your unlawful use or your breach of §9.

13.3 We indemnify you [B] against damages, reasonable defence costs and settlements arising from a third-party claim that the Service itself (excluding Output, Customer Content, Your Applications and Third-Party Models) infringes an EU or US copyright or trade secret. In addition, we will procure the right for you to continue using the Service, or modify or replace it, or, if neither is commercially reasonable, terminate and refund prepaid fees. This is your sole remedy for third-party IP claims concerning the Service itself. It does not apply where the claim arises from your modifications, your combination with other technology, or use outside these Terms.

13.4 Output. Claims concerning Output are governed by §8.3 and not by §13.3.

14. Limitation of liability

14.1 Business customers [B]. Subject to §14.2:

(a) neither party is liable for indirect or consequential loss, loss of profit, revenue, anticipated savings, goodwill, business opportunity, or loss or corruption of data;
(b) each party’s total aggregate liability arising out of or in connection with these Terms in respect of all claims arising in any 12-month contract period is limited to the greater of (i) the fees paid or payable by you for that period, and (ii) EUR 5,000. Your obligation to pay fees is not limited by this paragraph;
(c) liability of either party for breach of §16 (confidentiality) or of the DPA, including data-protection incidents, is limited to three times the amount in paragraph (b), to the extent the law permits such a limit;
(d) to the extent permitted by law, no claim may be brought more than two years after the claimant knew or ought reasonably to have known of the facts giving rise to it;
(e) these limits apply however the liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise, and are an agreed allocation of risk reflected in the fees.

14.2 What is never excluded or limited (both tracks). Nothing in these Terms excludes or limits liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) wilful misconduct (dolo) or gross negligence;
(d) liability to data subjects under Art. 82 GDPR, or any other liability that cannot lawfully be excluded or limited, including mandatory consumer protection rules; or
(e) product liability to injured persons under Directive (EU) 2024/2853, which applies to products placed on the market or put into service from 9 December 2026 and cannot be excluded against third parties.

14.3 Consumers [C]. Nothing in these Terms limits any liability to you that cannot be limited by law. Your statutory rights are unaffected, and any term purporting to restrict them is unenforceable against you.

14.4 Severability of limitations. If any part of §14.1 is held unenforceable against a particular claimant, the remaining parts continue to apply to the fullest extent permitted, and the unenforceable part is replaced by the minimum restriction the law allows.

15. Term, suspension and termination

15.1 These Terms apply from acceptance until your account is closed.

15.2 Termination for convenience. [B] Either party may terminate a subscription with effect from the end of its current period on 30 days’ notice. [C] You may cancel at any time with effect from the end of the current period. Cancelling in account settings under §11.2 counts as notice for this purpose.

15.3 Termination for cause. Either party may terminate immediately on written notice if the other commits a material breach and fails to remedy it within 14 days of notice. We may terminate immediately without a cure period where your use is unlawful or creates a serious security risk. Termination on insolvency applies only to the extent permitted by applicable insolvency law.

15.4 Effect of termination. Access ends. You may export Customer Content and Output for 30 days, and where the EU Data Act applies you may request switching or data portability by writing to admin@techvision.es. After that period we will delete Customer Content, subject to the retention periods in the Privacy Policy and DPA and to legal retention obligations. Sections that by their nature survive — including §8, §11 (accrued fees), §13, §14, §16, §19, §20, §21 and §23 — survive termination.

15.5 Deletion on request. You may request deletion at any time at admin@techvision.es. We will confirm deletion in writing, subject to legal retention obligations.

16. Confidentiality

16.1 [B] Each party will keep the other’s confidential information confidential, use it only to perform these Terms, and protect it with reasonable care. Exceptions: information that is public through no breach, independently developed, or required to be disclosed by law (with prior notice where lawful). We may disclose Customer Content to sub-processors and model providers to the extent necessary to provide the Service, under confidentiality and data-protection obligations no less protective than these Terms.

16.2 This obligation survives termination for three years, and indefinitely for trade secrets.

16.3 [C] Consumers’ personal data is protected under the Privacy Policy and applicable data-protection law.

17. Publicity

17.1 [B] We may identify you as a customer and use your name and logo in marketing, unless you object in writing. We will not publish case studies without your written approval.

17.2 [C] We will not use your name or content in marketing without your consent.

18. Notices

18.1 To you: to the email address on your account, or through the Service. [B] Notice is effective on sending. [C] Notice is effective when it reaches you and you can reasonably be expected to read it.

18.2 To us: admin@techvision.es, and by post to TechVision Mallorca SL at the registered office address stated in the Legal Notice on ubex.ai (Marratxí, Illes Balears, Spain).

18.3 Notices must be in English or Spanish.

19. Governing law and jurisdiction

19.1 Governing law. These Terms are governed by the laws of Spain, without prejudice to mandatory rules that protect you where you live.

19.2 Courts. [B] Subject to §20, the courts of Palma de Mallorca, Spain have exclusive jurisdiction. [C] If you are a consumer, you may bring proceedings in the courts of your place of residence, and we may only sue you there.

19.3 EU consumers also benefit from mandatory rules of their country of residence. Nothing in this §19 affects your right to bring a claim in your local courts, or to use an alternative dispute resolution body.

20. Dispute resolution [B]

20.1 Escalation first. Before starting proceedings, the parties will attempt in good faith to resolve a dispute by notice to the other’s legal contact, followed by a meeting (remote acceptable) within 30 days.

20.2 Arbitration (optional). If escalation fails, either party may refer the dispute to final arbitration under the ICC Rules, seat Palma de Mallorca, Spain, language English, one arbitrator. Where a dispute is referred to arbitration, the courts named in §19.2 retain jurisdiction only for interim measures and for supporting and enforcing the arbitration. This clause does not apply to consumers, to claims for injunctive relief, or to claims within the small-claims jurisdiction of a competent court.

20.3 Opt-out. You may opt out of §20.2 by written notice to admin@techvision.es within 30 days of accepting these Terms.

21. Assignment and transfer to an affiliate

21.1 Our transfer right. We may assign or transfer these Terms, in whole or in part, to an affiliate, or in connection with a merger, acquisition, reorganisation or transfer of substantially all assets, on 30 days’ written notice to you. We currently expect to transfer the Service to a Romanian affiliate, and we will name it in the notice. Until the transfer takes effect, TechVision Mallorca SL remains solely responsible for the Service and these Terms, and it remains responsible for obligations that arose before the transfer date.

21.2 What the transfer does. On the effective date of transfer: (a) the transferee assumes all rights and obligations under these Terms; (b) references to “Ubex” mean the transferee; and (c) [B] the governing law in §19.1 becomes the law of the transferee’s country of establishment, the forum in §19.2 becomes the courts of its registered seat, and the arbitration seat in §20.2 moves to that seat. For consumers, §19 does not change: mandatory consumer law and your right to bring proceedings in the courts of your place of residence are unaffected.

21.3 Your right to object. [B] You may terminate on 30 days’ notice given before the transfer takes effect, and we will refund prepaid fees for the unexpired period. Your acceptance of these Terms constitutes your consent to the transfer on that basis. [C] As a consumer, you may object to the transfer at any time and terminate at no cost; your statutory rights are unaffected.

21.4 Data protection continuity. Any transfer of personal data is carried out under the DPA, with the successor assuming the same obligations. We will not transfer data to a jurisdiction without appropriate safeguards.

21.5 No double governing law. Only one law governs at any time. Before the transfer it is Spanish law; after it, for business customers, the law stated in §21.2.

22. Changes to these Terms

22.1 We may update these Terms to reflect changes in the Service, technology, law or regulation.

22.2 [B] We will give at least 30 days’ notice of material changes by email or in-product. Changes apply from the stated effective date. If you do not agree, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees.

22.3 [C] We will give at least 30 days’ notice of material changes and will not apply changes retrospectively to your detriment. If you do not agree, you may terminate and receive a pro-rata refund.

22.4 The version and effective date are shown at the top of this document, and previous versions are available on request.

23. Miscellaneous

23.1 Entire agreement. These Terms and the documents incorporated by reference are the entire agreement on their subject matter, and supersede prior discussions. [B] Neither party relies on any statement not set out in them, except fraudulent misrepresentation.

23.2 Severability. If a provision is invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.

23.3 No waiver. Failure to enforce a right is not a waiver of it.

23.4 Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, provided it notifies the other promptly and mitigates the effect.

23.5 No agency or partnership. These Terms do not create a partnership, joint venture, agency or employment relationship.

23.6 Sanctions and export. To the extent permitted by EU law, you confirm that you are not the target of EU, UN, US or UK sanctions, and that you will not use the Service in breach of applicable export control or sanctions law, or in any region subject to comprehensive sanctions under such law.

23.7 Language. These Terms are drafted in English. Translations are for convenience; the English version prevails except where local law requires otherwise, including mandatory language requirements for consumers.

23.8 Third-party rights. No person other than the parties has rights under these Terms, except where mandatory law provides otherwise.

23.9 Order of precedence and consumer law. If documents conflict, the following order applies: (1) the DPA, for data-protection matters; (2) these Terms; (3) the Acceptable Use Policy; (4) the Refund & Cancellation Policy; (5) other incorporated documents. If you are a consumer, any clause that conflicts with mandatory consumer law is replaced by the minimum the law requires, and the remainder of these Terms stays in force.

24. Contact

TechVision Mallorca SL — CIF B72772940 — Marratxí, Illes Balears, Spain

Email: admin@techvision.es

Annex — Model withdrawal form [C]

Complete and return this form only if you wish to withdraw from the contract.

To: TechVision Mallorca SL, admin@techvision.es

I hereby give notice that I withdraw from my contract for the supply of the following service:

Ordered on:

Name of consumer:

Address of consumer:

Date:

Signature (only if this form is notified on paper):

Terms of Service