Terms and Conditions

Caimito Agile Life S.L.
A Spanish Limited Company (Sociedad Limitada)
A3200 km 9.5
14448 Conquista, Córdoba
Spain

EU Installation Notice: This is an invite-only installation operated exclusively for consulting customers as part of Developer Advocate engagements. Public signup is not available. Your organization remains the GDPR data controller for all employee data processed through Navigator; Caimito Agile Life S.L. acts as data processor.

Terms and Conditions

1. Services

Caimito Navigator is an organizational intelligence platform provided as part of Developer Advocate consulting engagements. The platform includes daily work logging, weekly intelligence reports with AI-generated summaries, and consulting time tracking.

Invite-Only Access: This EU installation is available exclusively to organizations engaged in consulting relationships with Caimito Agile Life S.L. Access is granted by invitation only; public signup is not available.

Data Processing Role: Your organization is the GDPR data controller for all personal data (including employee log entries) processed through Navigator. Caimito Agile Life S.L. acts as data processor, processing data solely according to your instructions and for the purposes of providing the consulting services.

2. Service Tiers

Services are provided as part of Developer Advocate consulting engagements:

Hourly Services: Time-and-materials consulting billed based on actual hours worked at agreed-upon rates.
Consulting Blocks: Pre-purchased packages of consulting hours that expire after a specified period (typically 30 days from purchase unless otherwise stated).
Logbook Access: Access to daily logging, team collaboration, and weekly intelligence reports is included as part of your consulting engagement.

3. Subscription Terms

Subscriptions renew automatically at the end of each billing period (typically 30 days) unless you cancel before the renewal date. You may cancel at any time through your account settings. Cancellations take effect at the end of the current billing period.

4. Consulting Block Expiration

Prepaid consulting blocks have an expiration date specified at the time of purchase. Unused hours in expired blocks cannot be used or refunded. We recommend monitoring your block usage and expiration dates through the platform dashboard.

5. Payment and Billing

Payment is due upon purchase for consulting blocks and prepaid subscriptions. Hourly services are invoiced monthly based on actual time worked. Currency is specified on each invoice. Invoices not paid within 30 days may result in service suspension.

6. Data Ownership and Privacy

All data you provide to the platform and all content generated for you (including daily log entries, organizational information, documents, and AI-generated reports) belongs to you and your organization.

GDPR Data Processing: Your organization is the data controller under GDPR. Caimito Agile Life S.L. acts as data processor, processing personal data solely on your behalf and according to your documented instructions. A Data Processing Agreement (DPA) governs this relationship and is available upon request.

We may use third-party AI providers (currently OpenAI) to generate weekly intelligence reports. Upon engagement termination, you may request an export of your data within 30 days.

7. AI-Generated Content and EU AI Act Transparency

Weekly intelligence reports include AI-generated recommendations and insights based on your team's daily log entries. These are provided as guidance and should not be considered professional advice for specific business decisions. You are responsible for evaluating and acting on any recommendations.

EU AI Act Disclosure: In accordance with the EU Artificial Intelligence Act (Regulation 2024/1689), we inform you that:

Weekly summaries are generated using artificial intelligence (specifically, a general-purpose AI model provided by OpenAI).
AI-generated reports serve as advisory insights only; they do not evaluate individual employee performance, rank contributors, or make any automated decisions affecting employment.
Consultants can review, edit, correct, or disregard AI-generated summaries before releasing them to customers.
Human oversight is maintained throughout the process—consultants review and release reports, and organization administrators control access.

Navigator is classified as a limited-risk AI system under the EU AI Act. We do not perform individual performance scoring, behavioral profiling, or automated HR decision-making. This keeps our AI usage within the transparency-only obligations of the regulation.

In the user interface, weekly reports display the following notice: "Weekly summaries are generated by AI and serve as advisory insights; they do not evaluate individual performance."

8. Platform Ownership

The Caimito Navigator platform, including all software, code, design, branding, trademarks, and intellectual property rights, is owned by Caimito Services LLC, a Delaware Limited Liability Company (United States). Caimito Agile Life S.L. operates its own separate installation of the platform under license from Caimito Services LLC to provide services to EU customers as part of consulting engagements. These terms grant you a limited, non-exclusive, non-transferable right to access and use the platform for your business purposes. You may not copy, modify, reverse engineer, or create derivative works from the platform.

9. Acceptable Use Policy

You agree to use the services only for lawful business purposes. You may not:

Use the services to store, transmit, or distribute illegal, harmful, or offensive content
Attempt to gain unauthorized access to any part of the platform, other user accounts, or connected systems
Interfere with or disrupt the services, servers, or networks connected to the platform
Use automated means (bots, scrapers, etc.) to access the platform except through documented APIs we provide
Impersonate another person or entity, or misrepresent your affiliation with any person or organization
Upload or transmit viruses, malware, or any other malicious code
Violate any applicable laws, regulations, or third-party rights
Use the services to send unsolicited communications or spam
Share your account credentials with unauthorized parties
Attempt to circumvent any security features or usage limits

We reserve the right to suspend or terminate accounts that violate this policy without prior notice or refund. We may report illegal activities to law enforcement authorities.

10. Access and Security

You are responsible for maintaining the confidentiality of your account credentials. Organization administrators can invite and manage team members and observers. Different user roles have different access levels to organizational data and features.

11. Prohibited Content and Zero-Tolerance Policy

Navigator maintains a zero-tolerance policy for illegal content. The following content is strictly prohibited on the platform:

11.1 Child Sexual Abuse Material (CSAM)

The creation, storage, transmission, or distribution of child sexual abuse material (CSAM) in any form is strictly prohibited. This includes any content that depicts, describes, or facilitates the sexual exploitation or abuse of minors. Violations will result in:

Immediate account suspension and termination
Immediate notification to relevant law enforcement authorities, including the National Center for Missing & Exploited Children (NCMEC) in the United States
Preservation and disclosure of all relevant evidence as required by law

11.2 Other Prohibited Content

The following content is also prohibited:

Illegal content of any kind: Any material that violates applicable laws, including content that infringes intellectual property rights, privacy rights, or other legal protections
Threats of violence: Content that threatens, incites, or glorifies violence against individuals, groups, or property
Harassment and abusive behaviour: Content intended to harass, bully, intimidate, or demean individuals or groups
Extremist or terrorism-related material: Content that promotes, supports, or glorifies terrorist organisations, extremist ideologies, or acts of terrorism
Criminal facilitation: Content intended to facilitate, plan, or coordinate criminal activity
Fraud and deception: Content designed to defraud, deceive, or mislead others

11.3 Enforcement Actions

When prohibited content is identified or reported, Navigator may take the following actions without prior notice:

Immediate removal of the prohibited content
Temporary or permanent suspension of user accounts
Restriction of access to platform features
Termination of subscriptions without refund
Cooperation with law enforcement agencies as required by law
Preservation of evidence for legal proceedings

11.4 Reporting Obligation

Users must report any illegal or abusive content they encounter on the platform. Reports should be sent to abuse@caimito.net. For detailed reporting procedures, see Section 20 (Reporting Illegal or Abusive Content).

11.5 Legal Compliance

Caimito Services LLC complies with United States federal law, Delaware state law, and relevant international obligations regarding illegal content. This includes compliance with reporting requirements under 18 U.S.C. § 2258A (mandatory reporting of CSAM), the EU Digital Services Act where applicable, and cooperation with law enforcement in all jurisdictions where we operate.

12. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects service availability. We are not liable for damages resulting from service interruptions.

13. Termination

You may stop using the service at any time. Consulting blocks will expire according to their terms. Subscriptions can be cancelled through your account settings and will remain active until the end of the current billing period. No refunds are provided for partial billing periods or unused consulting blocks.

14. Limitation of Liability

All services are provided on a prepaid basis. Our total liability for any claims arising from the services is limited to the amount you prepaid for the affected service period. We are not liable for indirect, incidental, or consequential damages.

15. Warranty Disclaimer

The services are provided "AS-IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the services will be uninterrupted, error-free, or secure.

16. Indemnification

You agree to indemnify, defend, and hold harmless Caimito Services and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the services, your violation of these terms, or your violation of any rights of another party.

17. Dispute Resolution

Any dispute arising from these terms or the services shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, the courts of Córdoba, Spain shall have exclusive jurisdiction, unless mandatory consumer protection laws grant you the right to bring proceedings in the courts of your place of residence.

For EU consumers: You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Changes to Terms

We may modify these terms at any time. Material changes will be communicated via email to the customer administrator. Continued use of the services after changes take effect constitutes acceptance of the modified terms. If you do not agree to the changes, you may terminate your account.

19. Governing Law

These terms are governed by the laws of Spain. Where applicable, EU regulations (including GDPR and the EU AI Act) apply directly.

20. Reporting Illegal or Abusive Content

We take the safety of our platform seriously. If you encounter any illegal, abusive, or harmful content on Navigator, please report it immediately.

20.1 How to Report

Send reports to: abuse@caimito.net
This address is actively monitored for reports of illegal or abusive content.

20.2 What to Report

Illegal content, including child sexual abuse material (CSAM) and threats of violence
Harassment, abuse, or misuse of the platform
Compromised accounts or suspected security incidents
Any content that violates our Acceptable Use Policy (Section 9) or Prohibited Content Policy (Section 11)

20.3 What to Include in Your Report

A link to the content or a timestamp identifying when the incident occurred
Relevant organisational context (if applicable)
Any supporting information that may help us investigate

20.4 Our Response Process

When we receive a report, we will:

Acknowledge receipt of your report
Review the reported content by Navigator support or designated staff
Take appropriate action, which may include temporary suspension, account investigation, content removal, or permanent account termination
Cooperate with relevant law enforcement authorities when required by law

20.5 Zero Tolerance for Illegal Content

Navigator maintains a zero-tolerance policy for illegal content. This includes, but is not limited to, child sexual abuse material (CSAM), terrorism-related content, and credible threats of violence. Confirmed illegal content will result in immediate action, including:

Immediate removal of the content
Immediate suspension or termination of the offending account
Reporting to appropriate law enforcement authorities
Preservation of evidence as required by law