REFINEWISE TERMS OF SERVICE
Last Updated: November 4, 2024
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE SERVICE. THIS IS A LEGALLY BINDING AGREEMENT.
- DEFINITIONS
1.1 "Service" means the Refinewise software-as-a-service offering, including all features, functionalities, tools, updates, and user interfaces made available through www.refinewise.com or any related domains.
1.2 "User" means any individual or entity that accesses or uses the Service, whether through public access, free plan, or paid subscription.
1.3 "Content" means any text, data, information, documents, tickets, or other materials submitted, uploaded, or generated through the Service.
1.4 "AI Features" means the artificial intelligence and machine learning functionalities integrated into the Service, including but not limited to ticket generation and analysis capabilities.
1.5 "Confidential Information" means any non-public information contained within uploaded documents or generated content that is marked as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.
- ACCEPTANCE OF TERMS
2.1 By accessing or using the Service, User acknowledges that they have read, understood, and agree to be bound by these Terms. If User does not agree to these Terms, User must not access or use the Service.
2.2 If User is accessing or using the Service on behalf of a company or other legal entity, User represents that they have the authority to bind such entity to these Terms. In such case, "User" shall refer to such entity.
2.3 These Terms may be modified at any time by Refinewise. Continued use of the Service following any such modifications constitutes User's acceptance of the modified Terms.
- SERVICE DESCRIPTION
3.1 Service Tiers
3.1.1 Public Access Tier (a) Available without registration (b) Provides access to AI-powered ticket creation assistance (c) Subject to usage limitations as determined by Refinewise (d) No guarantee of service availability or uptime
3.1.2 Free Plan (a) Requires user registration (b) Includes all Public Access Tier features (c) Enables document upload functionality for context enhancement (d) Subject to storage limitations as determined by Refinewise (e) No guarantee of service availability or uptime
3.1.3 Paid Plan (a) Requires user registration and subscription (b) Includes all Free Plan features (c) Enhanced privacy protections as specified in Section 4 (d) Additional features as described in the service documentation (e) No guaranteed uptime or service level agreement
3.2 Modifications to Service
3.2.1 Refinewise reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service features, database, or content.
3.2.2 Refinewise may impose limits on certain features or restrict User's access to parts or all of the Service without notice or liability.
- DATA PROCESSING AND USAGE
4.1 Data Collection and Processing
4.1.1 Refinewise collects and processes: (a) Input text provided for ticket creation (b) Uploaded project documents (c) Usage patterns and interactions (d) Technical data necessary for service operation
4.2 Data Usage Rights
4.2.1 Public Access and Free Plan (a) Refinewise retains the right to use all input data and generated content for: (i) Service improvement and optimization (ii) AI model training and enhancement (iii) Analytics and performance measurement (iv) Quality assurance purposes (b) Refinewise will not sell or share User's raw data with third parties (c) User grants Refinewise a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute any Content provided through the Public Access or Free Plan for the purposes listed in Section 4.2.1(a)
4.2.2 Paid Plan (a) Refinewise will not use User's data for AI model training (b) Data processing shall be limited to service provision (c) All Content shall be handled according to strict confidentiality requirements (d) User grants Refinewise a limited license to use Content solely for providing the Service
4.3 Document Upload Restrictions
4.3.1 User shall not upload documents containing: (a) Personal Information (PI) as defined by applicable privacy laws (b) Protected Health Information (PHI) (c) Payment Card Information (PCI) (d) Other regulated personal data
4.3.2 User represents and warrants that they have all necessary rights and authorizations to upload any documents to the Service.
4.3.3 Refinewise reserves the right to: (a) Remove any Content that violates these Terms (b) Terminate User's access for repeated violations (c) Report violations to appropriate authorities
4.4 Data Retention
4.4.1 Public Access Tier data will be retained for 30 days from creation.
4.4.2 Free Plan data will be retained for 90 days after last access.
4.4.3 Paid Plan data will be retained for the duration of the subscription plus 30 days following termination.
4.4.4 Refinewise reserves the right to modify these retention periods with notice to Users.
Would you like me to proceed with drafting the next sections covering Privacy & Security, Intellectual Property, and User Obligations?
4.4 Data Processing and Retention
4.4.1 Data Categories and Retention Periods
(a) Service Operation Data
- Public Access Tier: 30 days from creation
- Free Plan: 90 days after last access
- Paid Plan: Duration of subscription plus 30 days
(b) AI Training Dataset
- Public Access and Free Plan data may be retained for up to 24 months for the specific purpose of artificial intelligence research and development
- Such data will be stored in a segregated environment with appropriate technical and organizational measures
- Data will be pseudonymized where technically feasible
- Users will be informed of this extended retention during service registration
4.4.2 User Rights
(a) Users maintain the right to:
- Request deletion of their data at any time
- Opt-out of extended retention for AI training
- Access their data throughout the retention period
4.4.3 Data Processing Safeguards
(a) Extended retention data will be:
- Stored separately from operational data
- Accessible only to authorized AI research personnel
- Subject to regular review for continued relevance
- Deleted when no longer necessary for AI training purposes
4.4.4 Modifications
(a) Refinewise reserves the right to modify these retention periods with:
- Advance notice to affected Users
- Explanation of the changes
- Option to object to extended retention
- PRIVACY AND SECURITY
5.1 Data Protection
5.1.1 Refinewise implements appropriate technical and organizational measures to protect User Content, including: (a) Encryption of data in transit and at rest (b) Access controls and authentication mechanisms (c) Regular security assessments and updates (d) Monitoring and logging of system access
5.1.2 For Users in the European Economic Area (EEA): (a) Data processing complies with GDPR requirements (b) Data transfers outside the EEA are subject to appropriate safeguards (c) Users may exercise their data subject rights as outlined in our Privacy Policy
5.2 Security Incidents
5.2.1 In the event of a security breach affecting User Content, Refinewise will: (a) Notify affected Users without undue delay (b) Take reasonable steps to mitigate the breach (c) Cooperate with Users' reasonable investigations (d) Provide regular updates on remediation efforts
5.3 Confidentiality
5.3.1 Refinewise will maintain the confidentiality of User Content and will not disclose such information except: (a) As necessary to provide the Service (b) With User's explicit consent (c) As required by law or legal process (d) In accordance with Section 4.2 regarding data usage rights
- INTELLECTUAL PROPERTY RIGHTS
6.1 Refinewise's Intellectual Property
6.1.1 Refinewise retains all rights, title, and interest in and to: (a) The Service and all related software (b) AI models and algorithms (c) Service improvements derived from aggregate usage data (d) Refinewise trademarks, logos, and brand elements (e) Documentation and training materials
6.2 User's Intellectual Property
6.2.1 User retains all rights, title, and interest in and to: (a) User's original Content (b) User's uploaded documents (c) User's confidential information (d) User's trademarks and brand elements
6.3 Limited License Grants
6.3.1 User grants Refinewise a license to User Content as specified in Section 4.2
6.3.2 Refinewise grants User a limited, non-exclusive, non-transferable license to: (a) Access and use the Service (b) Use any output generated by the Service (c) Download and use any documentation provided
- USER OBLIGATIONS AND RESTRICTIONS
7.1 Acceptable Use
7.1.1 User agrees to use the Service only for lawful purposes and in accordance with these Terms.
7.1.2 User shall not: (a) Use the Service to violate any law or regulation (b) Interfere with or disrupt the Service or servers (c) Attempt to gain unauthorized access to the Service (d) Create multiple accounts to circumvent usage limitations (e) Use the Service in a manner that exceeds reasonable request volume (f) Reverse engineer or decompile any part of the Service (g) Remove or modify any proprietary notices or markings
7.2 Content Standards
7.2.1 User shall not upload, submit, or transmit any Content that: (a) Infringes any intellectual property rights (b) Contains regulated personal data as specified in Section 4.3 (c) Contains malicious code or viruses (d) Is deceptive, fraudulent, or misleading (e) Violates any third-party rights or obligations
7.3 Compliance with Documentation
7.3.1 User shall: (a) Comply with all documentation and guidelines (b) Maintain the security of account credentials (c) Promptly report any security incidents (d) Ensure accuracy of account information
- SERVICE LIMITATIONS
8.1 Availability
8.1.1 The Service is provided on an "as is" and "as available" basis.
8.1.2 Refinewise does not guarantee: (a) Uninterrupted access to the Service (b) Specific levels of uptime or availability (c) Retention of User Content beyond specified periods (d) Compatibility with any specific systems or platforms
8.2 AI Feature Limitations
8.2.1 User acknowledges that AI Features: (a) May produce varying or unexpected results (b) Are not guaranteed to be error-free or complete (c) Should be reviewed and validated by User (d) May be subject to usage limits or restrictions
8.3 Third-Party Services
8.3.1 The Service may integrate with third-party services. Refinewise: (a) Is not responsible for third-party service availability (b) Does not warrant third-party service functionality (c) May modify or remove third-party integrations (d) Recommends reviewing third-party terms of service
8.4 Modifications and Maintenance
8.4.1 Refinewise reserves the right to: (a) Modify, suspend, or discontinue any feature (b) Perform scheduled maintenance (c) Execute emergency maintenance (d) Update the Service without notice
- WARRANTIES AND DISCLAIMERS
9.1 User Warranties
9.1.1 User represents and warrants that: (a) They have the legal capacity and authority to enter into these Terms (b) All Content provided is accurate and complies with these Terms (c) They have obtained all necessary rights and permissions for uploaded Content (d) Their use of the Service will not violate any laws or third-party rights
9.2 Disclaimers
9.2.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
9.2.2 REFINEWISE SPECIFICALLY DISCLAIMS: (a) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT (b) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE (c) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, OR ACCURACY OF THE SERVICE (d) ANY WARRANTIES REGARDING THE OUTPUT OF AI FEATURES
9.2.3 User acknowledges that: (a) Refinewise does not warrant that the Service will meet User's requirements (b) The operation of the Service will be uninterrupted or error-free (c) Any errors or defects will be corrected (d) The Service is available in all jurisdictions
- LIMITATION OF LIABILITY
10.1 Exclusion of Damages
10.1.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REFINEWISE BE LIABLE FOR: (a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (b) LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES (c) DAMAGES RELATING TO SECURITY BREACHES OR DATA LOSS (d) DAMAGES RELATING TO DOWNTIME OR SERVICE UNAVAILABILITY (e) DAMAGES RELATING TO AI FEATURE OUTPUT OR DECISIONS MADE BASED ON SUCH OUTPUT
10.2 Liability Cap
10.2.1 Public Access and Free Plan: (a) Refinewise's maximum liability shall be €50 or the minimum amount required by law, whichever is greater
10.2.2 Paid Plan: (a) Refinewise's maximum liability shall not exceed the amount paid by User in the three (3) months preceding the incident giving rise to the claim
10.3 Exceptions
10.3.1 The limitations in this Section 10 shall not apply to: (a) Willful misconduct or gross negligence (b) Death or personal injury (c) Any other liability that cannot be excluded under applicable law
- TERM AND TERMINATION
11.1 Term
11.1.1 These Terms remain in effect until terminated by either party
11.1.2 Paid Plan subscriptions: (a) Commence on the subscription start date (b) Continue for the specified subscription period (c) Automatically renew unless cancelled
11.2 Termination
11.2.1 By User: (a) May terminate at any time by ceasing use of the Service (b) May cancel Paid Plan subscription with 30 days notice (c) May terminate immediately for Refinewise's material breach
11.2.2 By Refinewise: (a) May terminate or suspend access immediately for: (i) Violation of these Terms (ii) Illegal or harmful use of the Service (iii) Risk of legal exposure to Refinewise (b) May terminate with 30 days notice for any or no reason
11.3 Effect of Termination
11.3.1 Upon termination: (a) All rights and licenses granted herein will terminate (b) User must cease all use of the Service (c) Refinewise will delete or retain User Content as specified in Section 4.4 (d) Any outstanding fees become immediately due
11.3.2 The following sections survive termination: (a) Intellectual Property Rights (b) Confidentiality obligations (c) Warranties and Disclaimers (d) Limitation of Liability (e) Disputes and Governing Law
- GENERAL PROVISIONS
12.1 Governing Law and Jurisdiction
12.1.1 These Terms shall be governed by and construed in accordance with Spanish law. For any dispute that may arise from the provision of services by Refinewise, the parties submit to the Courts and Tribunals of [Spanish City where company is registered], subject to any mandatory consumer protection laws of the user's country of residence.
12.1.2 For Users in the European Union: (a) Users may access the European Commission's online dispute resolution platform at http://ec.europa.eu/consumers/odr/ (b) In accordance with Article 14 of Regulation (EU) No 524/2013, Refinewise provides this link for extrajudicial resolution of disputes with consumers.
12.2 Dispute Resolution
12.2.1 Any disputes shall be resolved: (a) First through good faith negotiations (b) If unsuccessful, through binding arbitration in Spain (c) On an individual basis, not as part of a class action
12.3 Assignment
12.3.1 User may not assign or transfer these Terms without Refinewise's prior written consent.
12.3.2 Refinewise may assign these Terms: (a) To an affiliate or subsidiary (b) In connection with a merger or acquisition (c) As part of a corporate reorganization
12.4 Severability
If any provision of these Terms is found unenforceable, such provision shall be modified to reflect the parties' intention and only to the extent necessary to make it enforceable.
12.5 No Waiver
No failure or delay in exercising any right shall constitute a waiver of such right.
12.6 Entire Agreement
12.6.1 These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.
12.6.2 Any modifications must be in writing and accepted by Refinewise.
12.7 Contact Information
Legal notices to Refinewise shall be sent to: legal@refinewise.com
12.8 Company Information
Enjinia Tech S.L.U Tax ID (NIF): B09707159 Registered Office: Obispo Vela 10, 35110 Sardina del Sur, Las Palmas, Spain Registered in the Commercial Registry of Maspalomas, Volume 37, Folio 8784, Sheet 81741 Contact Email: contact@enjinia.es
- SPANISH LEGAL REQUIREMENTS
13.1 Language 13.1.1 These Terms are available in Spanish and English. In case of discrepancy, the Spanish version shall prevail.
13.2 Electronic Contracting 13.2.1 In compliance with Article 27 of LSSI: (a) The technical means to correct errors are available before confirming any purchase (b) The exact price, including taxes and shipping if applicable, is indicated before any purchase (c) These Terms are available for download and storage
13.3 Consumer Rights 13.3.1 In accordance with Royal Legislative Decree 1/2007: (a) Users who are consumers have specific rights regarding digital content (b) The right of withdrawal may be exercised within 14 calendar days (c) Warranty periods as established by Spanish law apply