Terms and Conditions of Use

1. Acceptance of the Terms

Welcome to Mente Neural. By accessing and using our platform, services and website (hereinafter, ‘the Platform’), you agree to comply with and be bound by these Terms and Conditions of Use (hereinafter, ‘the Terms’).

If you do not agree with these Terms, please do not use our Platform. Mente Neural reserves the right to amend these Terms at any time, and it is your responsibility to review them periodically.

2. Description of the Services

Mente Neural is an agency specialising in the development of artificial intelligence solutions, bespoke software development and technology consultancy. Our services include, but are not limited to:

• Development of custom artificial intelligence applications
• Implementation of Machine Learning and Deep Learning solutions
• Bespoke web and mobile software development
• Digital transformation and AI consultancy
• UX/UI design and digital product strategy
• Data analysis and process automation
• Systems and API integration

3. Registration and User Account

3.1 Registration Requirements

To access certain services on the Platform, you must create an account by providing truthful, complete and up-to-date information. You must be over 18 years of age or have the legal capacity required to enter into contracts.

3.2 Account Security

You are responsible for:

• Keeping your password confidential
• All activities carried out from your account
• Notifying us immediately of any unauthorised use
• Keeping your contact and profile information up to date

4. Acceptable Use of the Platform

4.1 Permitted Conduct

You may use our Platform to request quotes, contract services, manage projects and communicate with our team in a professional and respectful manner.

4.2 Prohibited Conduct

You undertake NOT to:

• Use the Platform for illegal or unauthorised purposes
• Attempt to gain unauthorised access to restricted areas
• Transmit malware, viruses or harmful code
• Reverse engineer our services
• Reproduce, duplicate or copy content without authorisation
• Impersonate another person or entity
• Scrape content automatically
• Interfere with the normal operation of the Platform
• Use the information obtained for unauthorised commercial purposes

5. Intellectual Property

5.1 Mente Neural Content

All content on the Platform, including text, graphics, logos, icons, images, source code, designs and software, is the property of Mente Neural or its licensors and is protected by Spanish and international intellectual property laws.

5.2 Ownership of Developments

Intellectual property rights in developments carried out for clients shall be governed by the specific contract for each project. In general:

• Bespoke developments: Rights are transferred to the client once full payment has been made
• Proprietary codebase and frameworks: Mente Neural retains ownership and grants a licence of use
• Tools and methodologies: Remain the property of Mente Neural

6. Contracting of Services

6.1 Contracting Process

The contracting of our services shall be formalised through:

1. A quote request via the Platform
2. Requirements analysis and commercial proposal
3. Acceptance of the quote by the client
4. Signature of the service agreement
5. Payment of the deposit as agreed

6.2 Quotes and Prices

Quotes are valid for 30 days from the date of issue. Prices are stated in euros and include VAT where applicable. Mente Neural reserves the right to change its rates at any time, without affecting projects already contracted.

6.3 Delivery Times

Delivery times are estimates and may vary depending on the complexity of the project, the availability of information from the client and changes to the requirements. Mente Neural shall not be responsible for delays caused by the client.

7. Payments and Invoicing

7.1 Payment Terms

Unless otherwise specifically agreed, the standard payment terms are:

• 40% deposit at the start of the project
• 30% on intermediate milestones
• Remaining 30% on final delivery

7.2 Payment Methods

We accept payment by bank transfer, credit/debit card and online payment platforms (Stripe, PayPal).

7.3 Late Payment and Surcharges

Failure to pay within the agreed period will incur late-payment interest under Spanish Law 3/2004 of 29 December (Ley 3/2004, on combating late payment in commercial transactions) and may result in the temporary suspension of services and/or legal action.

8. Warranties and Liability

8.1 Service Warranty

Mente Neural warrants that its services will be provided with the professional diligence expected of an agency specialising in AI and software development. We offer a warranty period of 3 months from delivery for the correction of functional defects.

8.2 Limitation of Liability

To the fullest extent permitted by law, Mente Neural shall not be liable for:

• Indirect, incidental or consequential damages
• Loss of profits, data or business opportunities
• Service interruptions due to force majeure
• Problems arising from improper use of the solutions delivered
• Damage caused by third parties or by integrated third-party software

In any event, our liability shall be limited to the total amount paid for the service that caused the damage.

8.3 Client Responsibilities

The client is responsible for providing truthful and complete information, for holding the necessary rights to the materials supplied, and for complying with the applicable regulations when using the solutions developed.

9. Confidentiality

Both parties undertake to keep confidential all sensitive information to which they have access during the business relationship. This obligation shall remain in force for 5 years after the termination of the contract.

Mente Neural may include completed projects in its portfolio, with the client’s prior authorisation, without disclosing confidential information or sensitive data.

10. Cancellation and Refunds

10.1 Cancellation by the Client

The client may cancel a project under the following conditions:

• Before the start: Refund of 90% of the deposit
• During development: Work carried out up to that date will be invoiced
• In the final phase: Cancellations are not accepted, only minor modifications

10.2 Cancellation by Mente Neural

Mente Neural reserves the right to cancel a project if the client fails to meet its payment obligations, does not provide the necessary information, or behaves in a way that prevents the work from proceeding normally.

11. Right of Withdrawal

In accordance with Article 103 of Royal Legislative Decree 1/2007 (Real Decreto Legislativo 1/2007, the Spanish consumer protection law), the right of withdrawal does not apply to personalised services or to services whose performance has begun, with the consumer’s express consent, before the end of the 14-day period.

12. Modification and Suspension of the Service

Mente Neural reserves the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any of its services, with or without prior notice. We shall not be liable to you or to any third party for any modification, suspension or interruption of the service, except as specifically set out in the contract for each project.

13. Third-Party Links

Our Platform may contain links to third-party websites. Mente Neural does not control and accepts no responsibility for the content, privacy policies or practices of third-party websites. We recommend that you review the terms and privacy policies of each site you visit.

14. Communications

By using our Platform, you agree to receive electronic communications from Mente Neural. These communications may include notices about your account, project updates and marketing communications (if you have given your consent).

You can unsubscribe from marketing communications at any time by clicking the ‘unsubscribe’ link included in every email.

15. Dispute Resolution

15.1 Mediation

The parties undertake to attempt to resolve any dispute amicably through direct negotiation. If no agreement is reached, mediation may be sought before bringing legal proceedings.

15.2 Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain. For the resolution of any dispute, the parties submit to the courts and tribunals of Alicante, Spain, expressly waiving any other jurisdiction that may correspond to them.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any specific project contract, constitute the entire agreement between you and Mente Neural.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Failure to exercise, or delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. Mente Neural may assign these Terms in the event of a merger, acquisition or sale of assets.