Terms of service

1. Who provides the service and how the contract is formed

The service is provided by Joan Martorell Coll, whose identification details are in the legal notice. The contract is concluded in Spanish or English, depending on the language you use the console in, and is formed when you complete the registration and verify your email. Steps: you fill in the registration form, accept these terms, confirm your email with the link we send you and the account is open. Before submitting each form you can correct what you typed. The creation date of your account is recorded, and the version of these terms you accepted is the one in force on that date (each version shows its date at the top of the page). You can print or save this page at any time.

You must be at least 18 to use XEYE. If you act on behalf of a company or organisation, you declare that you can bind it. When you use the service for purposes outside your trade, business or profession, you are a consumer and are also protected by the non-waivable rights of consumer law, which prevail over any clause of these terms that contradicts them.

2. The service

XEYE lets you create lists of text elements, train them to obtain a semantic index and query them from the console or through the search API with an API key. What it does and does not do is described in the documentation and in measured results. XEYE is at an early stage: we may add, change or withdraw features. If we withdraw a feature you use, we will notify you by email at least 30 days in advance, except for security or legal reasons.

3. Your account

• Registration details must be truthful and kept up to date. One person, one account.
• You are responsible for what is done with your account and your API keys. Keep the keys secret (do not embed them in code that runs in the browser), enable two-step verification if you can and tell us as soon as you suspect unauthorised access: we can revoke keys and close sessions immediately.
• You can delete the account whenever you want from the console. Your lists, elements, trainings, keys and logs are removed, as described in the privacy policy.

4. Credit, prices and payments

XEYE works with prepaid credit in euros. Each operation deducts from the balance the price in force when it is used, according to the public pricing table: €0.001 per search served by the API, €0.30 per training and €0.0053 per AI-generated description. Searches from the console playground, and creating and editing lists, elements and keys, consume no credit. Prices include applicable taxes.

How it is deducted

• Trainings: when you launch one, the estimated price is reserved; on completion it is adjusted to the final price and the difference is returned. If the training fails because of the service, the full amount is returned. It does not launch if the balance is insufficient.
• API searches: deducted in batches after being served. The balance may go slightly negative for searches already served; as soon as it reaches zero, the API stops serving requests with your keys until you have balance again, and the next top-up covers that overdraft first.
• You can see every movement on the Credit page of the console and create balance alerts.

Welcome credit and promotional credit

Every new account receives €5 of welcome credit. This credit, and any other we grant without payment (for example, at your request while online payments are not enabled, or as compensation), is promotional: it has no cash value, is not refundable, cannot be transferred and may be withdrawn if we detect abuse (duplicate accounts, automated use to exhaust it). Promotional credit is consumed before paid credit.

Top-ups

• Top-ups are paid in advance through Stripe, within the minimum and maximum amounts shown in the console. The payment button clearly shows the amount and that it entails an obligation to pay. You receive a confirmation email and the invoice.
• Paid credit does not expire while the account exists. If you delete the account, any remaining paid credit is refunded if you ask within the following 14 days; after that it is lost, unless you are a consumer and the law says otherwise.
• Credit is personal: it cannot be transferred to another account or resold.

Right of withdrawal and refunds

If you are a consumer, you can withdraw from a top-up within 14 calendar days of its payment without giving reasons, by writing to the contact email from your account email (you can use the model form at the end of this page). When you top up, you expressly request that the service start immediately, so we will refund the part of that top-up you have not consumed (article 108.4 of the Spanish consolidated General Law for the Defence of Consumers and Users), by the same payment method and within 14 days at most. After the 14 days, top-ups are not refundable, except in the cases below.

• If an operation fails because of the service, the reserved credit returns to your balance automatically. If you believe you were overcharged, write to us: we review the movements and, where appropriate, return the difference as credit or, if you are a consumer and prefer it, as money.
• If we close the service or your account without you having breached these terms, we refund the remaining paid credit.
• The rights consumer law grants you, including the conformity guarantee for digital services, are not limited by this section.

Price changes

We may change prices. If they go up, we will notify you by email at least 15 days in advance; the balance you already have keeps its value in euros and later operations are deducted at the new price. If you disagree, you can stop using the service and, if you are a consumer, request a refund of the remaining paid credit before the change takes effect.

5. Acceptable use

Use XEYE lawfully and reasonably. In particular, you may not:

• Upload content that is illegal, infringes third-party rights or that you have no right to process; nor special categories of data (health, ideology, sexual orientation, biometrics…) without a legal basis that allows it and without telling us first.
• Use the service to harm other people (harassment, fraud, spam) or to train or feed systems for those purposes.
• Overload or interfere with the service: bypass the published limits (120 searches per minute per account), probe for vulnerabilities without permission, access other people's accounts or data, or automate account registration.
• Resell the service as such or share API keys with third parties outside your organisation. You can, of course, integrate XEYE into your products and offer them to your customers.

If you find a vulnerability, write to info@xeye.es before making it public: we appreciate it and will take no action against anyone who researches in good faith without damaging other people's data.

6. Your content and the data of your users

The content you upload to your lists is yours. You give us only the permission needed to store it, process it (compute embeddings, generate descriptions if you enable them), copy it in backups and return it in search results. We use it for nothing else, do not share it with other users and do not train our own models with it. You declare that you have the right to upload it.

Data processing on your behalf (article 28 GDPR)

If your content or the searches your applications send to the API include personal data of third parties, you are the controller of that processing and XEYE processes it on your behalf as processor. In that case, XEYE:

• Processes that data only to provide the service to you and following your instructions, which are the actions you take in the console and through the API, for as long as your account exists.
• Ensures that those who access it are bound by confidentiality, and applies the security measures described in the privacy policy.
• Uses the sub-processors listed in the privacy policy; you give general authorisation for their use, and we will notify you by email at least 15 days in advance of any change so you can object (and, if you object, close the account without penalty).
• Helps you, as far as the service allows, to handle the rights of the people concerned and to meet your security and impact assessment obligations; and notifies you without undue delay of any security breach affecting that data.
• Deletes the data when the relationship ends (when you delete the list or the account), except what the law requires to keep; before that you can copy it from the console or through the API.
• Makes available the information needed to demonstrate compliance with these obligations, and allows reasonable audits, with prior notice and at your expense.

You undertake to have a legal basis for that data, not to upload more than necessary and to inform your end users that their search is processed with XEYE, where applicable.

7. AI-generated descriptions

If you enable AI descriptions for a list, the text of its elements is sent to a language model of an external provider (named in the privacy policy) to generate a description that improves search. Those descriptions are generated automatically and may contain errors or inaccuracies: review them if you are going to show them to your users. You can disable the feature per list at any time; from then on the text of that list no longer leaves for the provider.

8. Availability, support and changes

• XEYE is provided with no availability commitment (no SLA). We do what is reasonable to keep it running, publish its state on the status page and announce scheduled maintenance when possible, but there may be interruptions.
• Support is provided by email (info@xeye.es) on working days, with no guaranteed response time. Every complaint gets an acknowledgement with an identifier.
• We may modify these terms. We will notify you by email at least 15 days in advance if the change affects you significantly; if you do not accept it, you can close the account before it takes effect (and request a refund of the remaining paid credit). Continuing to use the service afterwards means accepting it. Legal or security changes may apply immediately.

9. Suspension and closure

We may suspend your account or your keys, fully or partially, if you breach these terms, if your use puts the service or other users at risk, if the law requires it or if the balance has been negative for more than 60 days. We will notify you by email first unless urgent, and lift the suspension once the cause is resolved. We may close accounts with no activity for 24 months and no paid credit, giving 30 days' notice. We may stop providing the service with at least 60 days' notice; in that case we refund the remaining paid credit.

10. Intellectual property

The software, the trade name and the content of XEYE belong to the owner, under the terms of the legal notice. We grant you a non-exclusive, non-transferable right to use the service in accordance with these terms. We may use suggestions you make without obligation.

11. Warranties and liability

XEYE is provided as is. We do not guarantee that search results are accurate, complete or suitable for a particular purpose, nor that the service runs without interruptions or errors. You are responsible for deciding whether it fits your use case and for keeping copies of your content.

Except in cases of wilful misconduct or gross negligence, and except for damages for which the law does not allow liability to be limited, our total liability to you for any cause related to the service is limited to the amount you paid XEYE in the 12 months before the event giving rise to it. We are not liable for loss of profit or indirect damages. If you are a consumer, these limitations apply only to the extent consumer law allows. You are liable for third-party claims arising from your content or from your use of the service against these terms.

12. Applicable law and dispute resolution

These terms are governed by Spanish law. If you have a complaint, write to us first: most are resolved by email. If you are a consumer and are not satisfied, you can file a complaint with the Directorate General for Consumer Affairs of the Government of the Balearic Islands (or the consumer body of your region) or request consumer arbitration before the Consumer Arbitration Board of the Balearic Islands; XEYE is not a member of that scheme but will consider taking part case by case. Any dispute with consumers is submitted to the courts of their domicile. If you act as a business or professional, the parties submit to the courts of Palma (Balearic Islands, Spain).

Model withdrawal form

Only for consumers who want to withdraw from a top-up. Copy it into an email (using this model is not mandatory):

To Joan Martorell Coll (XEYE), info@xeye.es:
I hereby give notice that I withdraw from the XEYE credit top-up
paid on [date] for the amount of €[amount].
Account email: [email]
Name of consumer: [name]
Date: [date]