Terms and Conditions

Welcome to VibeTasking. These Terms and Conditions ("Terms", "T&Cs") govern your access to and use of the VibeTasking service (the "Service"), provided by Xplosion AI, SL, with N.I.F. (Tax ID) B26864538 and registered office at Calle Pobladores 6, Esc 4, Planta 2, Pta 4B, 41900, Camas, Spain ("VibeTasking", "We", "Us", "Our").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety, including the data processing conditions detailed in the "Data Processing Agreement (DPA)" section. If you do not agree with any of these Terms, you must not create an account or use the Service.

1. Description of the service

VibeTasking is a technological service consisting of a chat-based artificial intelligence agent designed to automate computer tasks that users would typically perform on their computers. The Service allows you to instruct the agent, through a chat interface, to perform specific tasks in your digital environment, using your software, credentials, and following your instructions. The Service is primarily aimed at automating repetitive or semi-repetitive administrative, accounting, or operational tasks common in professional settings.

As AI literacy measures (Article 4 of Regulation (EU) 2024/1689), VibeTasking makes the VibeTasking Academia and its Discord community available to users, with material and support for understanding and correctly using the Service's AI agents. We encourage you to use them.

2. User account

To use the Service, you must register and create an account. You are responsible for providing accurate and complete information during registration and for keeping it updated. You are responsible for safeguarding your account password and for any activity that occurs under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

3. Subscriptions, term, and renewal

We offer the following subscription plans:

• Monthly Subscription: Has an initial duration of ONE (1) MONTH from the registration date. It will automatically renew for successive one-month periods unless you cancel your subscription before the renewal date.
• Annual Subscription: Has an initial duration of TWELVE (12) MONTHS from the registration date, with an upfront payment equivalent to ten monthly installments. Unless you cancel your subscription before the end of the current annual period, it will automatically renew for successive twelve (12) month periods. We will send a reminder email to your registered address at least ONE (1) MONTH prior to the annual automatic renewal date.

You can cancel your subscription (monthly or annual) at any time through the mechanisms provided on the VibeTasking platform or by notifying us. The cancellation will take effect at the end of the already paid period (monthly or annual). No refunds will be provided for partially used subscription periods. Canceling the annual subscription will prevent the next automatic renewal and the associated charge.

4. Pricing, credits, and payments

Fees:

• Monthly Fee: Monthly fees published on the Pricing page or the Subscription section of VibeTasking.com. Taxes not included.
• Annual Fee: Annual fees published on the Pricing page or the Subscription section of VibeTasking.com (equivalent to 10 monthly payments of the same price tier, paid in advance). Taxes not included.

Monthly Credits: Each month of subscription (monthly or annual) grants Monthly Credits. These are consumed when using the Service. The amount of credits consumed per task varies depending on its complexity. Unused Monthly Credits in a calendar month expire and do not roll over to the following month.

Extra Credits: If you exhaust your Monthly Credits, you can purchase Extra Credit packages using one of the available modalities. Unused Extra Credits do roll over to subsequent months until they are depleted or until your subscription is canceled.

Order of Consumption: The system will always consume available Monthly Credits first. Only when these have been completely exhausted will Extra Credits begin to be deducted.

Payment: Payments are made in advance at the beginning of each subscription period. We will use the payment information you provide. You authorize us to charge the applicable subscription fees using your registered payment method. Failure to pay may result in the suspension or termination of your access to the Service.

Price Changes: We reserve the right to modify the fees. Any price change will be notified to you in advance (e.g., via email) and will apply to the next billing cycle following the notification.

5. License to use and intellectual property

Our Intellectual Property: VibeTasking and its software, platform, technology (including AI), methodology, trademarks, logos, designs, and all related documentation are the exclusive property of XPLOSION AI, SL. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service during the term of your active subscription and in accordance with these Terms, solely for your internal professional purposes.

Your Intellectual Property: You retain full intellectual property ownership over all data, information, credentials, files, and any content you provide to us or to the VibeTasking agent to perform the tasks ("Your Content"). Furthermore, you will be the intellectual owner of the specific final output generated by the agent as a direct consequence of executing the requested tasks using Your Content (e.g., reports, compiled spreadsheets).

6. Your obligations as a user

By using the Service, you agree to:

• Pay the applicable fees promptly.
• Use the Service in a lawful, diligent, correct manner, and solely for its intended purposes.
• Provide truthful and complete information, including necessary credentials and access, assuming you have the right to provide them to us.
• Ensure you have all necessary rights and consents to allow VibeTasking to access and operate on the third-party systems, platforms, and accounts you indicate, and to provide us with Your Content.
• Maintain the security of your access credentials.
• Review and validate the results and actions performed by the VibeTasking agent, assuming ultimate responsibility for them.
• Comply with your obligations as a Data Controller regarding personal data contained in Your Content, as detailed in Section 7.

The following uses are prohibited. They violate Regulation (EU) 2024/1689 (the AI Act) or our platform policy, and engaging in them may lead to the suspension or termination of your account under Section 13:

• The practices prohibited by Article 5 of the AI Act, including manipulative or deceptive techniques likely to cause significant harm, exploitation of vulnerabilities, social scoring, emotion recognition in the workplace or in education, biometric categorisation, and untargeted scraping of facial images.
• Building or running automations that evaluate, score, filter, or select natural persons in the high-risk domains listed in Annex III of the AI Act, such as screening job applications or ranking candidates, scoring students, or assessing eligibility for credit or essential services. These use cases require a compliance regime the Service does not provide.
• Removing, disabling, or defeating the AI-interaction disclosure on channels that interact with people in the European Union. Disabling it requires your attestation that the channel's audience is outside the EU, and that attestation must be truthful and kept accurate over time.

7. Data Processing Agreement (DPA)

This section acts as the Data Processing Agreement ("DPA") under Article 28 of the GDPR and Article 33 of the LOPDGDD, with VibeTasking (XPLOSION AI, SL) acting as the "Data Processor" ("Processor") and you, the user, acting as the "Data Controller" ("Controller") regarding the personal data contained in Your Content that we process to provide the Service to you.

7.1. Subject matter of the processing and Nature of Access: The Processor will carry out, on behalf of the Controller, the processing activities necessary to provide the Service. Data processing will be performed by artificial intelligence agents that, depending on the nature of the commissioned task, may operate using the Processor's own resources and infrastructure (virtual machines, isolated environments, etc.) or by interacting with the Controller's software, SaaS applications, and cloud tools (under the credentials provided by the Controller).

Exclusion of Local Access: It is expressly established that the Processor will NOT access, under any circumstances, local files physically stored on the Controller's devices, hard drives, or local servers. Access is strictly limited to cloud environments, online tools, and those files that the Controller voluntarily decides to upload to the platform for processing.

7.2. Categories of data subjects: End-users, employees, clients of the Controller, or other subjects whose personal data the Controller processes through the Service or which are contained in the information provided to the agents.

7.3. Types of personal data processed: The Processor may have access to the following categories of data:

• Identification and contact data: Emails, usernames, and processed communications.
• Files and Documents: Documents stored in cloud services and other third-party tools used by the user, or files uploaded directly to the platform. Under no circumstances will the Processor have access to the user's local files.
• Access credentials: Only in cases where they are explicitly provided or authorized by the user to connect with third-party tools.
• Other data: Any other personal data to which the AI agent might have incidental access during the performance of the specific tasks commissioned by the user on connected platforms.

7.4. Processor's Obligations: The Processor agrees to:

• Process personal data only on documented instructions from the Controller (which are understood to be given by using the functionalities of the Service and requesting tasks from the agents).
• Ensure the confidentiality of the data through specific confidentiality agreements with all its staff and collaborators.
• Implement appropriate technical and organizational security measures appropriate to the risk (e.g., encryption in transit and at rest, access controls, segregation of environments, etc.).
• Provide the Controller, upon request, with the necessary information to demonstrate compliance with its legal obligations.
• Assist the Controller, to the extent possible, with data subjects' requests to exercise their rights. The Controller understands that reasonable costs associated with complex assistance or assistance requiring extraordinary resources may be passed on.
• Notify the Controller without undue delay of any personal data breach under its custody of which it becomes aware.
• Prohibition of AI Training: The Processor expressly guarantees that it will not use personal data, files, documents, or any other information provided by the Controller (or processed by the agents on its behalf) for the training, improvement, or re-training of its own artificial intelligence models or those of third parties.

7.5. Subprocessing and Third-Party Tools: The Controller expressly authorizes the Processor to:

• Subcontract infrastructure and AI services: (e.g., hosting providers like AWS or Supabase, AI model providers like OpenAI or Anthropic) necessary for the provision of the core service. The Processor publishes the current list of subprocessors at vibetasking.com/en/subprocessors. Any addition or replacement of a subprocessor will be notified to workspace administrators at least thirty (30) days in advance, in that list and by email. Within that period the Controller may object on reasonable and justified grounds. If the objection cannot be accommodated, the Controller may terminate the Service with respect to the affected processing.
• Interact with Third-Party Tools: To complete a requested task, the AI agent may need to interact with third-party tools, software, or platforms (CRM, ERP, Email, etc.). These tools DO NOT have the status of VibeTasking Subprocessors; rather, they are the Controller's own tools with which the agent interacts on its behalf. In such cases, data may be transferred to these third parties by direct instruction through the use of the service. The Controller understands that VibeTasking does not control these external platforms and that data processing within them is governed by the privacy policies of those third parties. For technical connection purposes, integrating services (e.g., Composio) may be used. The agent will not interact with these tools unless the user activates them or requests a task requiring their use.

7.6. International Transfers: The Controller authorizes international data transfers that are necessary for the provision of the service, provided they are carried out through subprocessors that guarantee compliance with standard contractual clauses approved by the European Commission or appropriate privacy frameworks; or to the third-party tools and platforms mentioned in section 7.5, when the user has them activated and those tools operate internationally. The Controller guarantees that it has the appropriate legal basis and complies with applicable legal restrictions before submitting any personal data to the Service. It assumes sole responsibility for not using the Service, or its integrations with third parties, to process data whose sectoral or local regulations expressly prohibit its international transfer. The Processor does not audit the legality of the Controller's instructions or the nature of the data entered into the prompts.

7.7. Duration of processing and Data Deletion: This processing agreement will remain in effect as long as the subscription to the Service is active. Upon termination of the service, and unless there is a higher legal obligation for retention, the Processor will retain the data for a maximum period of ONE (1) calendar YEAR for the sole purpose of facilitating a possible account reactivation and history recovery by the Client. However, the Controller may request the immediate deletion of its data upon termination of the contract by written communication to [email protected]. Once the retention period has expired or the deletion request is received (and unless there is a legal obligation to the contrary), the Processor will proceed with the secure deletion of the data.

7.8. Audits: The Controller has the right to verify compliance with this agreement, under the following conditions:

• Maximum once a year.
• Prior written notification at least 30 days in advance.
• To be conducted during the Processor's business hours and in a manner that does not interfere with the ordinary provision of the service.

The Controller will bear all costs arising from the audit. As an alternative to a physical inspection, the Processor may fulfill this right by providing recent and recognized independent third-party audit certificates (e.g., ISO 27001, SOC 2), provided such certificates cover the scope of the processing under review.

7.9. Specific DPA Liability: Each party will assume direct responsibility for its respective breaches of obligations under the GDPR and LOPDGDD, under the terms and quantitative limits established in Clause 11 (Limitation of Liability) of these Terms and Conditions.

8. Confidentiality

Both you and We agree to maintain the confidentiality of the other party's Confidential Information. "Confidential Information" includes all non-public information disclosed by one party to the other (technical, financial, operational data, Your Content, etc.), except information that is public, already known, received from third parties without restriction, independently developed, or required by law. This obligation will survive for THREE (3) years after the termination of your use of the Service.

9. Communications

We will communicate with you primarily through the email address associated with your account. Communications directed to Us must be sent to [email protected]. You are responsible for keeping your email address updated.

10. Commercial reference and logo use

Unless you notify us otherwise in writing, you authorize us to include your company name and/or logo in our customer lists and marketing materials to identify your company as a VibeTasking user. You can revoke this authorization at any time by notifying us in writing.

11. Disclaimer of warranties, non-deterministic nature, and limitation of liability

Nature of AI: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE USES ARTIFICIAL INTELLIGENCE, THE BEHAVIOR OF WHICH IS NON-DETERMINISTIC BY NATURE. THE AGENT'S RESPONSES, ACTIONS, AND OUTPUTS MAY VARY, CONTAIN ERRORS, OR INACCURACIES.

Disclaimer of Warranties: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Your Responsibility: YOU ARE SOLELY RESPONSIBLE FOR THE INSTRUCTIONS YOU GIVE THE AGENT, THE DATA YOU PROVIDE, OVERSEEING ITS ACTIVITY, AND VALIDATING THE RESULTS AND ACTIONS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBETASKING (XPLOSION AI, SL) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

Quantitative Limit: IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF VIBETASKING TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS EXCEED THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Modifications to the service and terms

Modifications to the Service: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice, in order to improve or optimize it.

Modifications to the Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect (for example, via email or through a notice within the Service). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Termination

You may stop using the Service and cancel your account at any time by following the instructions in Clause 3. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms (especially for non-payment or unlawful use). Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination (including, without limitation, intellectual property, confidentiality, disclaimer of warranties, limitation of liability, and governing law) shall survive termination.

14. Force majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms due to events beyond our reasonable control (Force Majeure Event), such as natural disasters, acts of war, pandemics, widespread network failures, etc.

15. Governing law and jurisdiction

These Terms shall be governed and construed in accordance with the laws of Spain. Any dispute arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of the city of Seville, Spain.

16. Miscellaneous

• Entire Agreement: These Terms (including any referenced policy, such as the Privacy Policy) constitute the entire agreement between you and VibeTasking regarding the Service, and supersede any prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
• No Waiver: The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms freely without restriction.

17. Contact

If you have any questions about these Terms, please contact us at: [email protected]