Terms of Service

Effective Date: 8 August 2026
Provider: Gabriel Petrozziello, an individual entrepreneur (empresario individual / autónomo) established in Spain and trading as EbaSaiyo ("EbaSaiyo", "we", "us", or "our")
Tax identification number (NIF): Y9325381-E
Professional address: Calle Encarna Albarracin, 6, 46025 Valencia, Spain
Contact: contact@ebasaiyo.com

1. Agreement and Business Use

These Terms of Service ("Terms") govern access to and use of EbaSaiyo's websites, applications, APIs, integrations, AI Employees, and related services (collectively, the "Service"). By creating an account, accepting an Order, starting a paid subscription, or using the Service on behalf of an organization, you agree to these Terms.

You represent that you are acting for business or professional purposes and have authority to bind the organization identified in your account or Order (the "Customer"). If you do not have that authority, you must not accept these Terms on the organization's behalf.

The Service is not intended for consumer use. If mandatory consumer law applies despite this clause, nothing in these Terms excludes rights that cannot lawfully be excluded.

2. Definitions

"AI Employee" means a software-based AI configuration within the Service that may analyze communications and context, generate suggested content, classify messages, apply Customer-configured rules, escalate work, and, where the Customer enables an autonomous mode, initiate or send communications through a connected account.

"Autonomous Action" means an action executed by an AI Employee without a human user approving that specific action immediately beforehand, including an automatically sent email.

"Connected Account" means an email account or other third-party service account that the Customer authorizes EbaSaiyo to access through an available integration.

"Customer Content" means data submitted to, stored in, transmitted through, generated from, or otherwise made available to the Service by or for the Customer, including emails, email metadata, documents, instructions, prompts, policies, knowledge materials, recipient details, and Customer-edited AI drafts.

"Generated Content" means content generated by or with the assistance of AI features in the Service, including drafts, classifications, explanations, confidence indicators, and suggested actions.

"Order" means an ordering page, online checkout, order form, or other transaction identifying a subscription, usage limits, fees, and any additional commercial terms.

"Workspace" means the Customer's organization-level environment in EbaSaiyo.

3. Accounts and Workspace Administration

The Customer is responsible for ensuring that account information is accurate, for maintaining the confidentiality of login credentials, and for all activity performed through authorized user accounts.

The Customer must promptly disable access for users who are no longer authorized and notify EbaSaiyo of suspected unauthorized access. EbaSaiyo may rely on instructions from users assigned administrative or owner-level permissions within a Workspace.

Where the Service permits multiple users, AI Employees, or Connected Accounts, the Customer is responsible for configuring permissions, ownership, routing, autonomy, and access appropriately.

4. License and Right to Use the Service

Subject to these Terms and payment of applicable fees, EbaSaiyo grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for the Customer's internal business operations.

The Customer may not resell, sublicense, white-label, lease, or make the Service available to third parties except as expressly permitted in an Order or separate written agreement.

5. AI Employees

AI Employees are software systems. They are not natural persons, legal persons, employees, agents, attorneys, accountants, or fiduciaries of the Customer or EbaSaiyo.

AI Employees can produce inaccurate, incomplete, outdated, inappropriate, or misleading outputs. They may misunderstand a customer request, fail to identify relevant context, misclassify a message, or produce a response inconsistent with the Customer's preferred policy.

The Customer is responsible for:

• configuring each AI Employee's instructions, role, rules, and autonomy settings;
• ensuring that Customer Content used to instruct an AI Employee is accurate and authorized;
• deciding whether AI-generated communications are appropriate for its business;
• selecting appropriate human-review controls for the Customer's risk profile;
• monitoring the AI Employee's performance; and
• disabling or restricting autonomy when appropriate.

EbaSaiyo does not warrant that an AI Employee will perform like a human employee or achieve any particular cost saving, response rate, resolution rate, revenue outcome, or business result.

6. Autonomy Modes and Automated Communications

The Service may offer different autonomy settings. The exact names and capabilities may change, but may include:

Manual Mode. The AI Employee generates a draft or recommendation and a human must approve the specific communication before it is sent.

Assist Mode. The AI Employee assists with preparation and workflow while human approval remains required for sending.

Semi-Autonomous Mode. The Customer authorizes the AI Employee to send certain communications automatically when Customer-selected thresholds, rules, and safety conditions are satisfied. Other communications may require review or escalation.

Autonomous Mode. The Customer authorizes the AI Employee to send communications automatically without case-by-case approval, subject to applicable product safeguards and configured rules.

The Customer explicitly controls whether Semi-Autonomous or Autonomous Mode is enabled. By enabling a mode that permits Autonomous Actions, the Customer instructs and authorizes EbaSaiyo to execute qualifying actions through the Customer's Connected Accounts according to the Customer's configuration.

The Customer acknowledges that Automated Actions may occur without prior review of the specific message and accepts the operational risks inherent in such automation. The Customer should test instructions, rules, and thresholds before expanding autonomy.

EbaSaiyo may impose safety floors, mandatory review categories, temporary pauses, or other safeguards and may prevent or suspend Automated Actions where EbaSaiyo reasonably believes doing so is necessary for security, compliance, service integrity, or user protection.

7. Human Oversight and Customer Responsibility

Except to the extent liability cannot lawfully be allocated this way, the Customer remains responsible for its business decisions and for communications sent from its Connected Accounts, including communications drafted or sent using an AI Employee.

This does not limit EbaSaiyo's responsibility for its own breach of these Terms, applicable law, or obligations that cannot lawfully be excluded.

The Customer must maintain a level of human oversight appropriate to the nature of its business and the consequences of incorrect communications. The Customer must not use autonomous features in contexts where applicable law requires human decision-making, professional review, disclosure, or other safeguards unless those requirements are satisfied.

8. AI Transparency and Disclosure

The Customer is responsible for complying with laws requiring disclosure that a person is interacting with or receiving communications generated by AI. Where applicable, including under relevant transparency provisions of the EU Artificial Intelligence Act, the Customer must ensure that recipients are appropriately informed unless a lawful exception applies or the AI nature of the interaction is otherwise obvious in the circumstances.

If EbaSaiyo provides optional disclosure wording, templates, signatures, or product settings, they are operational tools and not legal advice. The Customer remains responsible for determining the disclosure required for its use case and jurisdiction.

9. Connected Accounts and Third-Party Services

The Customer may connect supported third-party services such as Google Workspace/Gmail or Microsoft 365/Outlook. By doing so, the Customer represents that it has authority to grant the requested access and instructs EbaSaiyo to access, retrieve, process, create, update, and send data as necessary to provide the enabled features.

The Customer is responsible for maintaining valid permissions and for complying with the terms and policies of the applicable third-party provider.

Third-party services are not controlled by EbaSaiyo. Their availability, API behavior, permissions, security requirements, or terms may change. EbaSaiyo is not liable for an outage, restriction, data-loss event, policy change, or other failure caused solely by a third-party service outside EbaSaiyo's reasonable control.

EbaSaiyo will use third-party API data only as permitted by applicable provider policies and the Customer's authorization.

10. Customer Content and Permissions

As between the parties, the Customer retains all right, title, and interest in Customer Content. The Customer grants EbaSaiyo a limited, non-exclusive right to host, copy, process, transmit, transform, and otherwise use Customer Content only as necessary to provide, secure, maintain, support, and improve the Service in accordance with these Terms, the Privacy Policy, and applicable law.

The Customer represents and warrants that it has all rights, permissions, notices, and lawful bases necessary for EbaSaiyo to process Customer Content as instructed, including personal data contained in customer emails.

The Customer must not submit Customer Content that the Customer is prohibited from processing or disclosing to EbaSaiyo.

11. Generated Content

As between EbaSaiyo and the Customer, and to the extent permitted by applicable law, the Customer may use Generated Content produced for that Customer for its business purposes. EbaSaiyo does not claim ownership of the Customer's business communications solely because AI features were used to generate or edit them.

Generated Content may not be unique. Other customers may receive similar or identical outputs in response to similar inputs. EbaSaiyo does not represent that Generated Content is eligible for copyright, patent, trademark, or other intellectual-property protection.

The Customer must independently evaluate Generated Content before relying on it where material business, legal, financial, safety, employment, healthcare, or regulatory consequences may result.

12. No Professional Advice

The Service does not provide legal, tax, accounting, financial, medical, employment, or other regulated professional advice. Generated Content must not be treated as a substitute for qualified professional judgment.

13. Acceptable Use

The Customer must comply with the EbaSaiyo Acceptable Use Policy. Without limitation, the Customer may not use the Service for unlawful activity, phishing, credential theft, malware distribution, unauthorized impersonation, fraudulent communications, illegal discrimination, abusive surveillance, or unsolicited bulk email that violates applicable anti-spam laws or provider rules.

EbaSaiyo may investigate suspected abuse and may restrict or suspend the Service where reasonably necessary to protect users, third parties, infrastructure, or legal compliance.

14. Security

EbaSaiyo will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Service and Customer Content processed. Additional information may be published in EbaSaiyo's Security & Trust Center and Data Processing Addendum.

The Customer is responsible for security within its own environment, including endpoint security, user access, email-provider administration, and protecting credentials not managed by EbaSaiyo.

No internet-based service is completely secure. EbaSaiyo does not guarantee that unauthorized access, security incidents, or data loss will never occur.

15. Privacy and Data Processing

EbaSaiyo's Privacy Policy describes how EbaSaiyo handles personal data for its own purposes. Where EbaSaiyo processes personal data contained in Customer Content on behalf of the Customer, the EbaSaiyo Data Processing Addendum applies where required by applicable data-protection law.

The Customer acknowledges that providing the Service may require the use of subprocessors and international data transfers, subject to the safeguards described in the Data Processing Addendum and subprocessor disclosures.

16. Confidentiality

Each party (the "Receiving Party") may receive non-public information of the other party (the "Disclosing Party") that a reasonable person would understand to be confidential ("Confidential Information"). Customer Content is Customer Confidential Information.

The Receiving Party will use Confidential Information only to exercise rights and perform obligations under the agreement and will protect it using at least reasonable care. The Receiving Party may disclose Confidential Information to personnel, professional advisers, and service providers who need to know it and are subject to confidentiality obligations.

Confidential Information does not include information that the Receiving Party can document: (a) was lawfully known without confidentiality restriction; (b) becomes public through no breach of the agreement; (c) is received lawfully from a third party without confidentiality restriction; or (d) is independently developed without use of the Disclosing Party's Confidential Information.

A Receiving Party may disclose Confidential Information if legally required, provided it gives advance notice where legally permitted and reasonably assists the Disclosing Party in seeking protective treatment.

17. Subscription, Fees, Taxes, and Payment

Paid features are subject to the fees, billing period, usage limits, and plan terms shown in the applicable Order or checkout page.

Unless otherwise stated:

• subscription fees are charged in advance;
• fees are non-refundable except where these Terms, an Order, or mandatory law provides otherwise;
• the Customer authorizes recurring charges for renewal periods until cancellation;
• the Customer is responsible for applicable taxes, duties, and similar governmental charges other than taxes on EbaSaiyo's net income; and
• prices may be changed for a future renewal period on reasonable prior notice.

If payment is overdue, EbaSaiyo may suspend paid features after providing notice where reasonably practicable.

18. Founding, Beta, Preview, and Experimental Features

EbaSaiyo may make beta, preview, founding-customer, experimental, or early-access functionality available. Such functionality may be incomplete, change materially, contain errors, or be discontinued.

Unless expressly stated otherwise in an Order, beta or preview functionality is provided without a service-level commitment and should not be used for workloads where failure could create unacceptable risk.

19. Service Availability and Changes

EbaSaiyo may modify, improve, replace, or discontinue features as the Service evolves. EbaSaiyo will not intentionally remove a material paid feature during a current subscription term without reasonable notice unless required for security, law, third-party platform compliance, or urgent technical reasons.

Unless a signed Order provides a specific service-level agreement, EbaSaiyo does not guarantee uninterrupted or error-free availability or a specific uptime percentage.

20. Customer Support

Support channels and response targets, if any, are described in the applicable plan, Order, or support page. Support targets are not guaranteed service levels unless expressly stated in a signed agreement.

21. Intellectual Property

EbaSaiyo and its licensors retain all right, title, and interest in the Service, software, models or model-routing logic created by EbaSaiyo, interfaces, workflows, documentation, branding, and related intellectual property, excluding Customer Content.

If the Customer provides feedback or suggestions regarding the Service, EbaSaiyo may use them without restriction or payment, provided EbaSaiyo does not publicly identify the Customer as the source without permission.

No rights are granted except as expressly stated in these Terms.

22. Suspension

EbaSaiyo may suspend access if reasonably necessary to:

• address a security threat;
• prevent unlawful or abusive use;
• comply with law, court order, or provider policy;
• prevent material harm to EbaSaiyo, the Customer, or third parties;
• address overdue payment; or
• respond to a material breach of these Terms.

Where reasonable and lawful, EbaSaiyo will provide notice and an opportunity to cure before suspension. Emergency suspension may occur without advance notice where necessary to prevent imminent harm.

23. Term and Termination

These Terms begin when accepted and continue while the Customer uses the Service.

The Customer may cancel a subscription through the available account or billing controls or as described in the Order. Unless otherwise stated, cancellation takes effect at the end of the current paid billing period.

Either party may terminate for material breach if the breach is not cured within thirty (30) days after written notice, except where immediate termination is permitted by law or reasonably necessary for severe abuse, fraud, security threats, or unlawful activity.

Upon termination, the Customer's right to use the Service ends. Data export and deletion rights are governed by the applicable product controls, Privacy Policy, and Data Processing Addendum.

24. Warranties

Each party warrants that it has authority to enter into the agreement.

EbaSaiyo warrants that it will provide the Service with reasonable skill and care consistent with generally accepted SaaS practices.

Except for the express warranties in the agreement and to the maximum extent permitted by law, the Service, AI features, Generated Content, and beta functionality are provided "as is" and "as available." EbaSaiyo disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade, to the extent such disclaimers are permitted by applicable law.

EbaSaiyo does not warrant that AI-generated outputs will be accurate, complete, lawful for the Customer's particular use, or free from hallucinations or other errors.

25. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation and any other liability that applicable law requires to remain unlimited.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, goodwill, anticipated savings, or business opportunity, arising from or related to the agreement, even if advised of the possibility of such damages.

Subject to the paragraph above, each party's aggregate liability arising out of or relating to the agreement will not exceed the fees paid or payable by the Customer to EbaSaiyo for the Service during the twelve (12) months immediately preceding the event giving rise to liability.

If the Customer has used the Service for less than twelve months, the cap is the total fees paid or payable during the period of use. If the Service was provided free of charge, the cap is EUR 100, except where a different minimum is required by applicable law.

The limitations in this section apply regardless of the legal theory of liability and are intended to allocate risk between the parties. Counsel should review whether additional carve-outs are required for confidentiality, data-protection liability, intellectual-property claims, or other mandatory-law categories in the governing jurisdiction.

26. Customer Indemnity

To the extent permitted by applicable law, the Customer will defend and indemnify EbaSaiyo and its personnel and contractors against third-party claims, damages, and reasonable costs arising from: (a) Customer Content; (b) the Customer's unlawful or unauthorized use of the Service; (c) the Customer's violation of the Acceptable Use Policy; (d) the Customer's failure to obtain required rights, notices, consents, or lawful bases for Customer Content or Connected Accounts; or (e) communications the Customer directs an AI Employee to send in violation of applicable law.

EbaSaiyo will promptly notify the Customer of an indemnified claim and reasonably cooperate at the Customer's expense. The Customer may control the defense and settlement, but may not settle a claim in a manner that admits wrongdoing by or imposes non-monetary obligations on EbaSaiyo without EbaSaiyo's written consent.

27. Export Controls and Sanctions

The Customer may not use the Service in violation of applicable export-control or sanctions laws and represents that it is not prohibited from receiving the Service under applicable trade restrictions.

28. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, utility failure, internet or telecommunications failure, cloud-provider outage, governmental action, or widespread failure of a third-party platform, provided the affected party uses reasonable efforts to mitigate the impact.

29. Changes to these Terms

EbaSaiyo may update these Terms from time to time. For material changes, EbaSaiyo will provide reasonable notice through the Service, by email, or by another appropriate method. Changes generally apply prospectively from the stated effective date.

If the Customer materially objects to an updated term that adversely affects an existing paid subscription, any termination or refund right will be as required by applicable law or the applicable Order.

30. Governing Law and Courts

These Terms are governed by the laws of Spain, excluding conflict-of-law rules. The courts of Valencia, Spain will have exclusive jurisdiction over disputes arising from or relating to these Terms, except where mandatory law provides otherwise.

31. General

The agreement between the parties consists of these Terms, the applicable Order, the Privacy Policy, the Acceptable Use Policy, the AI Usage Policy, and the Data Processing Addendum where applicable. If there is a conflict, a signed Order controls over these Terms for the specific commercial matter it addresses; the Data Processing Addendum controls for processing of personal data within its scope.

The Customer may not assign the agreement without EbaSaiyo's written consent, except in connection with a merger, corporate reorganization, or sale of substantially all relevant assets, provided the assignee is not a direct competitor and can perform the Customer's obligations. EbaSaiyo may assign the agreement in connection with the incorporation or transfer of the EbaSaiyo business to a company, a financing or reorganization, or the sale or transfer of all or substantially all relevant business or assets, provided that the successor assumes the applicable obligations under the agreement.

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a provision is not a waiver. Headings are for convenience only.

32. Notices and Contact

Legal notices to EbaSaiyo must be sent to:

Gabriel Petrozziello, trading as EbaSaiyo
NIF: Y9325381-E
Calle Encarna Albarracin, 6, 46025 Valencia, Spain
contact@ebasaiyo.com

Customer notices may be sent to the administrator email associated with the Customer's Workspace.