Terms of Service

1. Company and scope

These proposed terms govern access to the Moderniser website and services operated by Moderniser Tech Consulting S.L., including the hosted platform and connected CLI and desktop features. They are a draft and do not take effect until finalised and communicated to customers.

A signed customer agreement or order form takes precedence where it conflicts with these terms. A data processing agreement governs processing of customer personal data. The Privacy Policy describes personal data handling.

2. Accounts and organisation access

The service is intended for professional software delivery. You must be legally able to enter an agreement and have authority to act for the organisation you represent. Provide accurate account information, protect credentials and notify us of suspected unauthorised access.

Organisation administrators manage memberships, roles, integrations and shared workspaces. They may be able to view or manage activity and content within the organisation. Use only accounts, systems and data you are authorised to access.

3. Service and deployment responsibilities

Moderniser provides project and task management, shared knowledge, time reporting, AI-assisted sessions, integrations and usage metering. Availability of features depends on your plan, deployment and configuration.

For self-hosted services or your own container hosts, you are responsible for infrastructure, backups, updates, network access and the credentials you configure. For hosted services, responsibilities and any service-level commitments are defined in the applicable agreement. No uptime percentage is promised by this draft.

4. Acceptable use

You must not use Moderniser to break the law, infringe another person's rights, distribute malware, bypass access controls, obtain unauthorised data, interfere with the service or evade usage metering and payment obligations.

Keep connector permissions proportionate to the task. Do not expose third-party secrets or personal data without authority. You remain responsible for actions you authorise, including commands, file changes and connected-system operations.

5. AI features and human review

AI features rely on external model providers and can produce incorrect, incomplete, insecure or non-unique results. They may read files, call tools and modify systems within the permissions and approvals you provide.

Review generated code and advice, run appropriate tests and approve consequential actions before deployment. Do not rely on AI output as a substitute for qualified legal, medical, financial or security advice, or use it as the sole basis for decisions with significant effects on people.

Prompts and selected context may be sent to configured providers. Choose data and tools suitable for your organisation's policies and contractual arrangements.

6. Your content and intellectual property

You retain your rights in content you provide. You grant Moderniser only the permissions needed to host, process, transmit and display that content to deliver the service and follow your instructions.

As between you and Moderniser, any rights Moderniser has in output generated specifically for you are assigned to you to the extent legally transferable. This does not grant rights in third-party material or guarantee that an AI output qualifies for protection or is free of infringement. Third-party and open-source licences remain applicable.

Moderniser retains its rights in its branding and proprietary services. Open-source components are governed by their respective licences.

7. Fees, credits and usage

Applicable prices, currency, taxes, metering rules and any recurring charges must be shown at checkout or agreed in an order form. Usage-based AI charges depend on the selected model and measured consumption. Review the displayed rates and your organisation's usage ledger.

Credits are applied to eligible service usage. Expiry, refunds and promotional conditions must be disclosed when credits are offered or purchased. This draft does not introduce an undisclosed expiry or a blanket no-refund rule.

Recurring billing applies only when expressly agreed. Future price changes must be communicated before they apply. Raise suspected billing errors promptly at jaf@moderniser.ai; statutory rights remain unaffected.

8. Third-party services and confidentiality

Model providers, payment processors and connected systems may have their own terms and availability limits. We cannot grant permission to use a third-party system on its owner's behalf.

Each party should protect the other's confidential information and use it only to perform the agreement, except where disclosure is authorised or legally required. Detailed confidentiality, provider access and data protection obligations belong in the applicable customer agreement.

9. Suspension, cancellation and data

You may discontinue use and request account closure at jaf@moderniser.ai. Subscription cancellation dates, outstanding charges, credit balances and export arrangements are governed by the accepted purchase terms or customer agreement.

Access may be restricted when reasonably necessary to address a security incident, unlawful use, material breach or unpaid agreed charges. Where practicable, we should explain the reason and provide an opportunity to resolve it. Immediate action may be needed to protect the service or comply with law.

Export data you need before closure. Deletion, backups and required recordkeeping follow the applicable agreement and Privacy Policy. Do not assume an account cancellation immediately removes every backup or legally required record.

10. Warranties and liability

We aim to provide a reliable service, but software and external AI providers may experience interruptions or errors. Specific warranties, support commitments and any negotiated liability limits must be stated in the customer agreement.

Nothing in these terms excludes liability that cannot lawfully be excluded, or removes mandatory consumer or data protection rights. This draft does not set a financial liability cap or waive responsibility for fraud or wilful misconduct.

11. Applicable law, disputes and changes

The proposed governing law is Spanish law, subject to any mandatory protections and the customer agreement. Disputes should first be raised at jaf@moderniser.ai. Competent courts are determined by applicable law unless a valid business agreement specifies otherwise.

Material changes should be communicated before taking effect, with notice appropriate to their impact and the applicable agreement. The final version will state an effective date. Until then, this document remains a draft for review.