TERMS OF SERVICE

Effective Date: 2026-03-23
Service Provider: Bani Moshe Barranco Chirinos (trading as "Claruma")
Jurisdiction: Loja, Ecuador

1. NATURE OF SERVICE (ALPHA/BETA STAGE)

ACKNOWLEDGMENT OF DEVELOPMENT STAGE. You acknowledge that Claruma is currently in an active development phase ("Alpha" or "Beta"). By using the Service, you accept that:

• The Service may contain bugs, errors, and stability issues. It is not yet a final, finished product.
• Free Tier Access: Access for non-paying users is a privilege, not a right. We reserve the right to revoke, limit, or terminate free access at any time without prior notice if network resources require it.
• Data Integrity: While we perform best-effort backups, you are solely responsible for maintaining local copies of your critical presentations (using our JSON Export feature). We are not liable for data loss during this phase.

2. B2B ELIGIBILITY & RESTRICTIONS

PROFESSIONAL USE ONLY. Claruma is a specialized technical tool designed exclusively for business, professional, and commercial use (B2B). By creating an account, you represent that:

• You are at least 18 years of age. Access by minors is strictly prohibited.
• You are a professional entity or individual acting in a commercial capacity. Consumer Protection laws (such as the EU "Right of Withdrawal") do NOT apply to this contract.

3. LIMITATION OF LIABILITY & FINANCIAL CAP

THE "50 DOLLAR" LIMIT. To the maximum extent permitted by applicable law, Claruma's total cumulative liability to you for any claims arising out of or relating to these Terms or your use of the Service shall strictly NOT exceed the lesser of:

1. (A) Fifty United States Dollars ($50.00 USD); or
2. (B) The amount you actually paid to Claruma in the three (3) months preceding the claim.

We specifically disclaim liability for lost profits, loss of goodwill, or the cost of procuring substitute services. If you are a large enterprise (e.g., "Microsoft-scale"), you accept this cap as a fundamental condition of using our cost-effective infrastructure.

4. FORCE MAJEURE & THIRD-PARTY DEPENDENCY

We are not liable for service interruptions caused by factors beyond our reasonable control ("Force Majeure"), including but not limited to:

• Acts of God, war, riots, or government actions.
• Technical Dependencies: Failures of third-party providers such as Amazon Web Services (AWS), Cloudflare, database providers, or global internet backbone outages.
• Cyber-attacks (e.g., DDoS) that exceed industry-standard mitigation defenses.

5. REGIONAL TERMINATION RIGHTS

To protect the viability of the Service, we reserve the right to terminate or restrict access to specific jurisdictions with 30 days' notice via email or platform announcement. If new regulations in your country make operating Claruma legally or financially burdensome for us, we may choose to exit your market. In such cases, your sole remedy is a pro-rated refund of unused prepaid fees.

6. DISPUTE RESOLUTION PROTOCOL

We reject the "litigation-first" culture. Any dispute shall be resolved via the following strictly mandatory 3-step protocol:

1. Step 1: Amicable Negotiation (Good Faith). You must first email [email protected]. We agree to discuss the issue informally for at least 30 days to reach a fair solution.
2. Step 2: Assisted Mediation. If Step 1 fails, the dispute shall be submitted to a mediation process administered by a neutral third party selected by the Service Provider. The goal is a non-adversarial settlement.
3. Step 3: Local Jurisdiction (Last Resort). Only if mediation fails, legal action may be brought. You explicitly agree that EXCLUSIVE JURISDICTION lies with the courts of Loja, Ecuador.

LEGAL COSTS: Each party shall bear its own legal fees. Claruma will NOT accept, pay, or reimburse invoices from foreign law firms. By using this Service, you waive any right to claim attorney fees from us.

7. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under the laws of a specific jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

8. PRE-PAID SEATS, BILLING & WALLET CREDITS

8.1 Pre-paid Seats (Licensing): Claruma operates on a Pre-paid Seats model for Team environments. When you purchase seats for your Team, you are reserving capacity. Any user invited to your Team occupies one of these pre-paid seats, regardless of their personal subscription status. You must purchase sufficient seats before inviting new members.

8.2 Seat Downgrades & Wallet Credits: If you reduce your number of purchased seats, Claruma does not issue cash refunds to your original payment method. Instead, the prorated value of the unused time will be deposited into an internal "Wallet Credits" system attached to your account. These credits will be automatically applied to deduct the cost of your future invoices. Wallet Credits are strictly non-transferable, cannot be exchanged for cash, and will expire automatically 365 days after issuance. You must remove excess members from your team before you are permitted to downgrade your seat count.

9. PROGRESSIVE PROFILING AND BUSINESS INTELLIGENCE

9.1 Data Utilization: Claruma utilizes interactive discovery modules (surveys, questionnaires) to gather data regarding your professional objectives, pain points, and preferences. This data is processed by our proprietary Business Intelligence engines and AI to generate highly personalized content, such as custom Playbooks and strategic recommendations. We do not sell this psychographic data to third-party data brokers. The insights generated are strictly used to enhance your experience and the effectiveness of the presentations within the Claruma ecosystem.

9.2 AI-Generated Strategic Content: Through our Discovery features, Claruma provides personalized strategies, playbooks, and presentation flows based on the information you provide. You acknowledge that these outputs are generated using automated Business Intelligence models. While designed to be highly effective, Claruma does not guarantee specific business outcomes or conversion rates from the use of these generated materials. You remain solely responsible for the final application and adaptation of any AI-generated strategy to your business context.