Terms and Conditions

1. Description of the Service

NeuroPredict provides a cloud-based artificial intelligence platform that allows users to upload visual media (images, videos, and other creative assets) and receive predictive analytics regarding viewer attention patterns. The Service uses machine learning models to generate attention heatmaps, salience scores, and other predictive metrics designed to help marketing, communication, and advertising professionals optimize their visual content.

The Service analyzes the uploaded media itself using AI models. It does not involve real-time eye-tracking of end-viewers and does not collect personal data from individuals who may subsequently view the analyzed media.

AI Transparency Notice: In accordance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), the Service uses AI systems to generate predictions about human visual attention. These predictions are generated by machine learning models trained on aggregated and anonymized datasets. The outputs are probabilistic estimates and should not be treated as definitive guarantees of viewer behavior.

2. Content and Intellectual Property

For the purposes of these Terms:

• "NeuroPredict Content" means all text, graphics, images, software, machine learning models, audio, video, AI-generated outputs, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service by NeuroPredict or its licensors.
• "User Content" means any content that you provide to be made available through the Service, including but not limited to uploaded images, videos, creative assets, and any other materials you submit for analysis.
• "Output" means the predictive analytics, attention heatmaps, salience scores, reports, and other results generated by the Service based on your User Content.

2.1 Ownership

We do not claim any ownership rights in your User Content. Nothing in these Terms shall be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, NeuroPredict and its licensors exclusively own all rights, title, and interest in and to the Service, the NeuroPredict Content, the underlying AI models, algorithms, and all associated intellectual property rights.

2.2 License Granted by You

By uploading any User Content through the Service, you hereby grant to NeuroPredict a non-exclusive, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, and process your User Content solely for the purposes of (i) operating and providing the Service to you, (ii) generating Outputs, and (iii) improving and developing the Service, including training and refining our AI models using de-identified and aggregated data derived from your User Content.

2.3 Ownership of Outputs

As between you and NeuroPredict, you own the Outputs generated from your User Content, subject to (a) NeuroPredict's underlying intellectual property in the AI models and algorithms that produced the Outputs, and (b) any limitations set forth in your subscription plan.

2.4 Your Responsibilities Regarding User Content

You are solely responsible for your User Content. You represent and warrant that:

(a) You own your User Content or have all necessary rights, licenses, and permissions to grant us the license rights described in these Terms;

(b) Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any applicable law or regulation;

(c) If your User Content contains images or videos depicting identifiable natural persons, you have obtained all necessary consents from such persons in compliance with the GDPR, the Spanish Organic Law 3/2018 (LOPDGDD), and any other applicable data protection legislation;

(d) Your User Content does not contain any illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material.

2.5 Content Monitoring

Although we are not obligated to monitor access to or use of the Service or to review or edit any Content, we reserve the right to do so for the purpose of operating the Service, ensuring compliance with these Terms, and complying with applicable law.

3. Restrictions on Use

You may not, unless applicable laws prohibit these restrictions or you have our express written permission:

(a) Upload, submit, or transmit any User Content that: (i) infringes any third party's intellectual property rights or rights of publicity or privacy; (ii) violates any applicable law or regulation; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm; (vi) is violent or threatening; or (vii) promotes illegal or harmful activities;

(b) Duplicate, decompile, reverse engineer, disassemble, or decode the Service, the AI models, or the algorithms, or attempt to do any of the same;

(c) Access or use the Service in any manner that could disable, overburden, damage, or disrupt the Service or interfere with any other party's access to or use of the Service;

(d) Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;

(e) Use any robot, spider, crawler, or other automated device, process, software, or queries that intercepts, "mines," scrapes, or otherwise accesses the Service to monitor, extract, copy, or collect information or data;

(f) Introduce any viruses, trojan horses, worms, logic bombs, or other technologically harmful materials;

(g) Use the Service for illegal, harassing, unethical, or disruptive purposes;

(h) Use the Outputs to make automated decisions that produce legal effects concerning individuals without appropriate human oversight;

(i) Redistribute, resell, or sublicense the Service or any Output to third parties, except as expressly permitted under your subscription plan;

(j) Use the Service or the Outputs to develop competing AI models or services.

4. Account Registration and Security

4.1 Account Creation

To access and use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your registration information to maintain its accuracy.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. Sharing your login credentials is prohibited. You accept responsibility for all activities that occur under your account and must notify us immediately upon becoming aware of any unauthorized use of your account or any other breach of security.

4.3 Age Requirement

You may not use the Service if you are under 16 years of age. By using the Service, you represent and warrant that you are at least 16 years of age.

5. Workspaces and Organizations

5.1 Types of Workspaces

User Content submitted, posted, or modified in the Service is organized into separated sections referred to as "Workspaces."

• "Personal Workspaces" can only be administered by the user who created the Workspace and users granted administrator permissions.
• "Organization Workspaces" require an eligible subscription and may be accessed by multiple authorized users within the same Organization.

5.2 Organization Content

If you submit Content to an Organization Workspace, as between you, NeuroPredict, and the Organization, the Organization owns all rights to such Organization Content, unless a separate agreement between you and the Organization provides otherwise.

5.3 Organization Administration

Users who join an Organization Workspace agree that their account data and User Content created in that Workspace may be shared with and accessed, modified, or deleted by the Workspace owner or administrator.

6. Subscription Plans and Payment

6.1 Subscription Plans

The Service is offered under various subscription plans as described on our Website. The features, storage limits, usage quotas, and pricing applicable to each plan are set forth in the relevant plan description.

6.2 Payment Terms

You agree to pay all fees associated with your selected subscription plan. All fees are stated in euros (EUR) unless otherwise specified and are exclusive of applicable taxes (including VAT/IVA). Payment is due in advance on the basis specified in your subscription plan (monthly or annually).

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time from your account settings.

6.4 Refund Policy

Unless otherwise required by applicable law, fees are non-refundable. If you are entitled to a refund under applicable consumer protection laws, please contact us at team@neuropredict.eu.

7. Free Trial

NeuroPredict may offer a free trial period. At the end of the trial, unless you subscribe to a paid plan, your access to certain features may be restricted or terminated. We reserve the right to modify or discontinue free trials at any time without notice.

8. Availability and Maintenance

8.1 Availability

We strive to maintain the availability of the Service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our reasonable control.

8.2 Modifications

We reserve the right to modify, update, or discontinue any part of the Service at any time, with reasonable notice when practicable. Material changes to the Service will be communicated to you via email or through the platform.

9. Third-Party Services

9.1 Integrations

The Service may interoperate with or integrate third-party services, tools, or applications ("Third-Party Services"). Your access to and use of Third-Party Services shall be governed by the applicable third-party terms and policies.

9.2 Disclaimer

NeuroPredict does not warrant or endorse any Third-Party Services. We have no control over and assume no responsibility for the content, privacy policies, or practices of any Third-Party Services.

10. Communications

By creating an account, you agree to receive transactional and administrative communications related to the Service. You may also opt in to receive marketing communications. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in any such communication or by updating your account preferences.

11. Intellectual Property

The Service and its Content (excluding User Content and Organization Content), features, functionality, AI models, and algorithms are and will remain the exclusive property of NeuroPredict and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Spain, the European Union, and international treaties. Our trademarks may not be used in connection with any product or service without the prior written consent of NeuroPredict.

12. Feedback

We welcome feedback, comments, and suggestions for improvements to the Service ("Feedback"). You acknowledge and agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You hereby assign to NeuroPredict all right, title, and interest (including all intellectual property rights) that you may have in and to any Feedback.

13. Data Protection

NeuroPredict processes personal data in accordance with the GDPR, the LOPDGDD, and other applicable data protection laws. For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy. Where NeuroPredict acts as a data processor on behalf of its customers, the terms of data processing shall be governed by a separate Data Processing Agreement (DPA).

14. Termination

14.1 Termination by NeuroPredict

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason, including but not limited to a breach of these Terms.

14.2 Termination by You

You may request to delete your account at any time from your account settings or by contacting us at team@neuropredict.eu. Upon your request to delete your account, all Content from your Workspaces will become inaccessible. After thirty (30) days, User Content will be permanently deleted from our servers and cannot be recovered, subject to any legal retention obligations.

14.3 Effects of Termination

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Indemnification

You agree to defend, indemnify, and hold harmless NeuroPredict and its directors, officers, employees, contractors, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney's fees) resulting from or arising out of: (a) your use of and access to the Service; (b) your breach of these Terms; (c) your User Content; or (d) your violation of any third-party rights or applicable law.

16. Limitation of Liability

To the maximum extent permitted by applicable law:

(a) In no event shall NeuroPredict, its directors, employees, partners, agents, suppliers, or affiliates be liable to you for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

(b) NeuroPredict's total aggregate liability arising out of or relating to your use of the Service and these Terms shall be limited to the greater of: (i) one hundred euros (€100); or (ii) the total amount you have paid to NeuroPredict for the Service in the twelve (12) months preceding the event giving rise to the claim.

(c) The predictive analytics and Outputs provided by the Service are probabilistic estimates generated by AI models and are not guaranteed to be accurate. NeuroPredict shall not be liable for any decisions made or actions taken based on the Outputs.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under applicable law, including mandatory provisions of Spanish consumer protection law.

17. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, NeuroPredict disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.

NeuroPredict does not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) the results or Outputs generated by the Service will be accurate, reliable, or meet your requirements; or (e) the AI models underlying the Service will perform consistently across all types of media or visual content.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions, and where applicable, the laws of the European Union.

18.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts and tribunals of Madrid, Spain, except where mandatory provisions of applicable law (including EU consumer protection law) require otherwise.

18.3 Consumer Rights

If you are a consumer within the meaning of applicable EU law, these Terms do not affect any mandatory consumer protection rights under the laws of your country of residence.

19. Compliance with Spanish Law

In accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), NeuroPredict provides the following information:

• Company Name: NeuroPredict S.L.
• Registered Office: [Address], 28001 Madrid, Spain
• Tax Identification Number (CIF): [●]
• Mercantile Registry of Madrid: Volume [●], Folio [●], Sheet [●]
• Contact Email: team@neuropredict.eu
• Contact Phone: [●]

20. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Website and, where appropriate, by sending you an email notification at least thirty (30) days before the changes take effect. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

21. Severability

If any provision of these Terms is held to be invalid or unenforceable by a competent court, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

22. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver of any provision shall only be effective if made in writing and signed by an authorized representative of NeuroPredict.

23. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Notice, and any applicable Data Processing Agreement, constitute the entire agreement between you and NeuroPredict regarding the Service and supersede any prior agreements relating to the Service.

24. Contact Us

If you have any questions about these Terms, you can contact us:

• By email: team@neuropredict.eu
• By postal mail: NeuroPredict S.L., [Address], 28001 Madrid, Spain

These Terms are provided in English, French, and Spanish. In the event of any discrepancy between the language versions, the Spanish version shall prevail.