Terms of Service

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, excluding its conflicts of law rules. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain.

Service Provision and User Accounts

Acceptance and Capacity

By accessing or using the Service, the Customer accepts and agrees to be bound by these Terms and Conditions, the accompanying Privacy Policy, and the Data Processing Addendum (DPA). The Customer represents that they are at least eighteen (18) years of age and possess the full legal authority to enter into this agreement on behalf of the company or entity they represent.

Modifications to Terms

Hundred Docs reserves the right to modify these Terms periodically. Customers will be notified of material changes, typically via email or prominent notice within the Service dashboard. Continued use of the Service after notification constitutes acceptance of the modified Terms. However, for changes that materially and adversely impact the core service purchased, the Customer shall retain the right to terminate the agreement for convenience without penalty.

Freemium Model, Payment, and Billing

Definition of Free Tier vs. Paid Tier Limitations

The service operates on a tiered model designed to manage resource allocation and differentiate functionality. The Free Tier offers access to a limited subset of features and is subject to strict usage caps (e.g., maximum API requests per month or limited template storage). Free Tier access is provided for testing and evaluation purposes and does not include dedicated technical support. Paid Tiers provide expanded features, higher usage limits, advanced tools (such as collaboration or advanced automation), and prioritized support channels.

The Free Tier license is granted at the sole discretion of Hundred Docs and may be revoked or modified at any time. Importantly, all warranties are strictly excluded from the Free Tier. The Free Tier is provided AS IS and AS AVAILABLE. Since the Limitation of Liability clause (Section II.8.2) limits liability to fees paid, the maximum aggregate liability for Free Tier users is zero (€0.00). The explicit disclaimer of all statutory and implied warranties ensures that free users cannot successfully sue for consequential damages resulting from service failure, thus serving as a vital liability shield for the Autónomo.

Payment Terms and Stripe Integration Disclosure

All fees for Paid Tiers are specified at the time of purchase and are charged in advance on a recurring, auto-renewing basis (monthly or annually). Customers authorize Hundred Docs (or its third-party payment processor, Stripe) to charge the designated payment method for all applicable fees, taxes, and other amounts when due.

Hundred Docs reserves the right to revise its subscription plans and associated fees at any time, provided that the Customer receives at least thirty (30) days’ advance notice (or longer if required by Spanish or EU law) of any increase in fees or materially adverse change in the Subscription Plan. All payment processing is securely delegated to Stripe. Hundred Docs does not store or process complete payment card details, relying on Stripe’s secure handling procedures.

Strict Usage and IP Restrictions (API Acceptable Use Policy - AUP)

Prohibited Activities and API Abuse

The Customer shall not use the Service for any activities that are unlawful, harmful, or abusive, including, but not limited to:

• Circumvention of Limits: Attempting to circumvent usage caps, rate limits, or billing mechanisms.
• Malicious Use: Using the API in a manner that constitutes malicious hacking, denial-of-service attacks, or unauthorized data extraction. This includes automatically or programmatically extracting data or output in bulk, unless explicitly permitted by the Customer’s Paid Tier plan.
• Illegal Content: Generating, designing, or processing any documents that contain unlawful content, promote illegal activities, or infringe upon the intellectual property rights of any third party.
• Non-Payment: Failure to pay subscription fees when due.

Intellectual Property Protection and Reverse Engineering

All Intellectual Property rights related to the Service, API, underlying algorithms, source code, and infrastructure belong exclusively to Hundred Docs. The Customer receives only a limited, non-exclusive, non-transferable license to use the API strictly for the agreed-upon purpose.

To protect the core technical assets, the Customer is strictly prohibited from attempting to, or assisting others to, reverse engineer, decompile, disassemble, or discover the source code, underlying components, models, or systems of the Service or the API. This contractual restriction is paramount to safeguarding the Autónomo's technical intellectual property and is intended to be enforced to the fullest extent permitted by Spanish law.

Termination and Suspension

Immediate Suspension and Termination Rights

Hundred Docs retains the immediate right to suspend access to the Service, without prior notice, if the Customer violates the AUP, fails to pay applicable fees, or engages in any activity that poses a security threat to the platform or other customers. This swift enforcement mechanism is necessary to mitigate system risk and protect the user ecosystem.

Data After Termination

Upon termination or expiration of a Paid Tier subscription, the Customer's account and associated Customer Data (API Payloads) will be subject to the data retention and secure deletion procedures outlined in the Privacy Policy (Section III.10.1).

Limitation of Liability (LoL) and Indemnification

Warranties and Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE." Hundred Docs expressly disclaims all statutory, implied, and express warranties to the maximum extent permitted by the governing law, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Drafting the Strict Limitation of Liability Clause

Contractual limitation of liability is the single most important clause for protecting the individual Autónomo from catastrophic financial exposure. This clause must be clear, unambiguous, and prominently displayed for enforceability in a B2B context.

The parties agree that Hundred Docs shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages, including loss of profits, lost revenue, data loss, or business interruption, regardless of the legal theory, even if Hundred Docs was advised of the possibility of such damages.

The total aggregate liability of Hundred Docs is limited to the amount that the Customer has paid. This is a very restrictive financial limit and is explicitly highlighted as the "most important clause to protect the Autónomo" (the individual owner) from catastrophic financial exposure. Liability limitations are typically ineffective, however, against claims arising from fraud, gross negligence, or willful misconduct, which are generally uncapped by mandatory Spanish legal standards.

Mutual Indemnification

A. Customer Indemnification

The Customer shall indemnify, defend, and hold harmless Hundred Docs against any third-party claims, liabilities, costs, or damages (including reasonable legal fees) arising from:

• The Customer’s breach of the AUP or these Terms.
• Any claim related to the content, legality, or Intellectual Property infringement concerning the Customer Data (API Payloads) submitted by the Customer for processing. This crucial provision ensures that the Customer, as the Controller responsible for data collection legality, bears the financial risk associated with their end-user data.

B. Hundred Docs Indemnification (IP)

Hundred Docs shall indemnify the Customer against third-party claims alleging that the Service, as provided by Hundred Docs, infringes upon any third-party Intellectual Property rights. It is standard commercial practice in B2B SaaS to treat IP infringement claims differently from standard contractual losses. Therefore, the liability arising from this IP indemnity is typically excluded from the general financial cap (a "super-cap" exception) to remain competitive and demonstrate good faith in the B2B market.

The following table summarizes the strategic structure of the liability limits: