Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and OPENIDEA.biz (a project developed within SMART IBÉRICA de Impulso Empresarial S. Coop. And., Fiscal ID: F-90065418), located at Avenida Blas Infante 6, 2 planta 41011, Sevilla, Spain (“we,” “us,” or “our”). These Terms govern your use of our website, our AI assistant “yOCA” (hosted service), the “yOCA+” configurations (client-side files), and any related services (collectively, the “Services”). By purchasing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

We provide two main types of AI services: * **Hosted Services (yOCA):** Access to our AI assistant via our web interface (powered by Pickaxe). We process the interactions to provide the service. * **Client-Side Configurations (yOCA+):** We provide digital files (JSON, prompts, instructions) that you install on your own third-party AI accounts (e.g., OpenAI, Claude, Gemini). In this model, you are the sole controller of the data, and we have no access to your conversations.

To access certain features, you may be required to register for an account. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

We offer paid services including “emPOWERment Paths” (Digital Content) and “eXtra Power Services” (Consulting/Hybrid). ### A. Payments & Taxes You agree to pay all fees specified for the Services. Prices are exclusive of VAT, which will be added to your invoice as required by applicable tax laws. ### B. Right of Withdrawal (EU Consumer Law) If you are a consumer in the European Union, you typically have the right to withdraw from a contract within 14 days without giving any reason. However, specific exceptions apply to digital content: * **Digital Content (yOCA Paths & yOCA+ Files):** By purchasing a digital subscription or downloading digital files, you expressly request immediate access. You acknowledge and agree that by accessing the service, generating your first AI response, or downloading the yOCA+ files before the 14-day period expires, you expressly waive your right of withdrawal. * **Result:** If you start the service, no refund is possible. If you do not access/start the service, you may request a full refund within 14 days of purchase. ### Consulting Services (eXtra Power Sessions) You may cancel or reschedule an eXtra Power Session for a full refund up to 48 hours before the scheduled time. Cancellations with less than 48 hours’ notice or no-shows are non-refundable, as the time has been reserved specifically for you. ### C. Service Quality Claims If you believe a service was not delivered as described (e.g., technical failure), you must submit a written claim to support@openidea.biz within 14 days. Our liability is limited to re-performing the service or providing a refund, at our sole discretion.

When you purchase or use yOCA+ (prompts/JSONs for your own accounts): * **No Access/No Liability:** You acknowledge that once installed on your account, OPENIDEA.biz cannot see, store, or process your conversations. We are not responsible for the outputs generated, data security on your device, or the availability of the third-party provider. * **Third-Party Costs:** You are solely responsible for any API costs or subscription fees charged by the AI provider you choose (e.g., OpenAI API credits, Claude subscription) to run yOCA+. * **Maintenance:** We provide the configuration “as is.” We are not responsible if a third-party provider updates their model or API in a way that breaks the configuration, though we will make reasonable efforts to provide updates.

### A. Your Intellectual Property (User Content) You retain full ownership of the business strategies, ideas, and specific content you generate using our Services (“User Content”). We claim no ownership over your business output. ### B. Our Intellectual Property (The System) The “yOCA” and “yOCA+” systems, including the underlying prompts, system instructions, logic flows, JSON structures, and methodology, are the exclusive intellectual property of OPENIDEA.biz. * **License to You:** We grant you a limited, non-exclusive, non-transferable license to use these prompts/configurations for your internal business purposes. * **Prohibitions:** You strictly prohibited from sharing, reselling, publishing, or sub-licensing the raw prompts or JSON files to third parties. You may not reverse engineer the hosted yOCA service to extract the system instructions.

In alignment with our Privacy Policy, we prioritize your data confidentiality. * **No Model Training:** We do NOT use your data to train foundation AI models (e.g., GPT-4). Your strategic secrets remain yours. * **Quality Assurance (QA):** For the hosted yOCA service, we may review anonymized or aggregated chat logs solely for the purpose of identifying logic errors, fixing “hallucinations,” and refining our prompt engineering (Quality Assurance). * **Opt-Out:** You can object to this QA processing by contacting support, though this may limit our ability to provide technical assistance for specific errors.

Our Services integrate with third-party tools (e.g., Pickaxe, OpenAI, TidyCal). By using our Services, you agree to be bound by the Terms of Service of these third-party providers. We are not responsible for their downtime, data policies, or service changes.

You agree not to use the Services to generate content that is illegal, harmful, defamatory, or infringing on others’ rights. We reserve the right to suspend accounts that violate this policy without refund.

### A. AI Content Disclaimer (Hallucinations) You acknowledge that AI services may generate incorrect, fabricated, or biased information (“hallucinations”). The output is for guidance and brainstorming purposes only and is not a substitute for professional legal, medical, or financial advice. You are responsible for verifying all facts before use. ### B. Warranty Disclaimer The Services are provided “as is” without warranties of any kind, express or implied. ### C. Limitation of Liability To the maximum extent permitted by law, the total liability of SMART IBÉRICA / OPENIDEA.biz for any claim arising out of these Terms shall not exceed the amount you paid us in the six (6) months prior to the claim. We are not liable for indirect, incidental, or consequential damages (e.g., lost profits).

You agree to indemnify and hold harmless OPENIDEA.biz and SMART IBÉRICA from any claims or damages arising from your violation of these Terms or your use of the generated content.

We may terminate your access to the Services immediately if you breach these Terms (e.g., sharing our IP). Upon termination, your right to use the Services ceases, but the provisions regarding IP ownership and Limitation of Liability survive.

These Terms are governed by the laws of Spain. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Sevilla, Spain, unless EU consumer protection laws mandate another jurisdiction for consumer disputes. Contact: support@openidea.biz