Terms and legal notice

1. Our information

To comply with article 10 of Ley 34/2002 de Servicios de la Sociedad de la Información y del Comercio Electrónico, we inform users of our company details.

• Company name: Esmerise Group S.L.
• Registered office: Calle Italia, Island Village Heights, apto. 498/B, Costa Adeje 38660 Adeje, Santa Cruz de Tenerife
• CIF: B44935179
• Email: info@esmerise.com
• Website: esmerise.com

2. Scope of the terms

These terms apply to the corporate website, creation and management of an Esmerise account, SaaS plans, platform features, AI credits, demos, trials and related services that Esmerise makes available directly to its customers.

By using the website or service, you confirm that you have authority to act for yourself or for the organization you represent.

3. Accounts and eligibility

You must provide accurate information, keep it up to date and protect your login credentials. You are responsible for the use of your account, the activity carried out through it and the people you authorize as collaborators or staff.

You may not use the service for unlawful purposes, to interfere with platform operations, to attempt unauthorized access or to bypass technical, commercial or security limits.

4. Plans, subscriptions and payments

Prices, currency, billing frequency, taxes if any, included features, usage limits and applicable commercial conditions are shown before purchase, trial activation or renewal.

Unless stated otherwise in the offer, recurring plans renew automatically until cancelled. Payments may be handled through third-party providers such as Stripe. You are responsible for maintaining a valid payment method and paying the amounts due on time.

5. Trials, promotions and price changes

Any trial, coupon or promotional offer may be subject to specific duration, limits and conditions communicated when activated.

Esmerise may update prices or plan features for future renewals. In those cases, the changes apply from the next billing cycle or the communicated date, subject to any mandatory rights or notice obligations under applicable law.

6. Acceptable use

You may not use the service to publish unlawful content, infringe third-party rights, scrape the platform, distribute malware, resell access without authorization, send spam or bypass the proper commercial model of the service.

Esmerise may apply technical limits, security measures or moderation where necessary to protect the platform, other customers, end users and regulatory compliance.

7. Customer content and intellectual property

As between you and Esmerise, the content, trademarks, files, courses, pages and data that you upload to the platform remain yours or those of the relevant rightsholders. You grant us the rights strictly necessary to host, process, transmit and display them for the purpose of providing the service.

The software, design, documentation, templates, features and other elements of the Esmerise platform remain the property of Esmerise or its licensors. You do not receive any ownership right in the software beyond the limited right to use the service under your plan.

8. AI features and AI credits

Some features may require AI credits or separate usage limits. Pricing, consumption rules, availability and operating rules for AI credits may be shown in checkout or directly inside the platform.

If you use AI features, you remain responsible for how you use generated outputs and for reviewing results, prompts, uploaded content and any material you publish through those tools.

9. Third-party services and integrations

The service may integrate with third-party providers for payments, analytics, email, video, advertising, automations or other functions. Your use of those services may be subject to the relevant provider terms and policies.

Esmerise is not responsible for interruptions, changes, limitations or failures attributable to third-party services outside its reasonable control.

10. Availability, changes and support

We may update, improve, modify or discontinue parts of the website or service for technical, legal, security or product reasons. Where reasonable, we will try to avoid unjustified disruption to active plans.

The service is provided with reasonable care and according to current technical standards, but maintenance, slowdowns or temporary outages may occur. Except where the law says otherwise, we do not guarantee uninterrupted availability or complete freedom from errors.

11. Suspension, cancellation and termination

We may suspend or limit access in case of breach of these terms, non-payment, security risk, abusive activity, unlawful use or legal obligations.

You may cancel your plan according to the options available in your account or checkout. After termination, some functions may be disabled immediately, while certain information may remain available for a limited time, for example for invoices, legal obligations, dispute handling or any archive/read-only options offered by the service.

12. Liability and mandatory consumer rights

Nothing in these terms limits liability or rights that cannot be excluded or limited under applicable law. If you contract as a consumer and mandatory law grants you additional protections, those protections prevail.

To the extent permitted by applicable law, Esmerise is not liable for indirect damages, loss of profit, loss of opportunity, loss of data or business interruption arising from the use of the website or service. Esmerise's total liability for claims connected with the service is limited to the amounts paid to Esmerise in the 12 months preceding the event giving rise to the claim.

13. Governing law, complaints and contact

These terms are governed by Spanish law, without prejudice to any mandatory consumer-protection rules of your country of residence. To the extent permitted, disputes will be submitted to the competent courts of Santa Cruz de Tenerife, without affecting any mandatory venue rights provided by law.

For questions, complaints or contractual notices, contact us at info@esmerise.com.