Cardumen

Legal · v1

Terms and Conditions

The rules for using Cardumen.ai, accepting a plan and operating the service.

Last updated: July 22, 2026 Version: 1.0

Versioning notice: Cardumen.ai records the version of these Terms accepted by each user, together with the date and time of acceptance, as evidence of consent under the proactive accountability principle of Law No. 21,719.

1. Provider identification

The Cardumen.ai service (the "Platform") is provided by Grow Capital Technologies SpA, RUT 78.255.487-5, domiciled at Avda. Providencia 1208, Providencia commune, Metropolitan Region, Chile, legally represented by Miguel Sanz, identity card 26.019.497-6 ("Cardumen.ai" or the "Provider").

2. Purpose and acceptance

These Terms and Conditions (the "Terms") govern access to and use of the Platform, an artificial intelligence tool that generates and assists with content at the user's request.

Personal data processing is governed by the Privacy Policy, which forms an integral part of these Terms and is accepted separately.

Acceptance occurs through an express affirmative action, such as checking the acceptance box when registering or contracting. Use of the Platform without prior acceptance is not permitted. If you do not agree to these Terms, you must not use the Platform.

3. Definitions

  • User: a natural or legal person who accesses or contracts the Platform.
  • Consumer: a natural-person user who contracts for purposes unrelated to their commercial activity and is protected by Law No. 19,496.
  • Input: instructions, text, files or data provided by the user to the Platform.
  • Output: the result produced by AI models from the input.
  • Subscription: a paid plan that enables access to Platform features.

4. Service nature and plans

Access to the Platform is granted through a paid subscription. Plans, features, prices and billing periods are detailed at https://cardumen.ai/pricing and may be updated under clause 13.

Prices are stated in United States dollars (USD) and include applicable taxes under Chilean law. Cardumen.ai will issue the applicable electronic receipt or invoice for each payment.

5. Registration and account

The user is responsible for the accuracy of registration data and for safeguarding credentials. Activity performed from the account is presumed to have been performed by the user. The user must immediately notify contacto@cardumen.ai of unauthorized use.

6. Consumer withdrawal right

Under article 3 bis of Law No. 19,496, a consumer may unilaterally terminate the contract within 10 days of contracting, unless the service has been fully provided and consumed before that period with the consumer's express consent. The withdrawal right is exercised by writing to contacto@cardumen.ai.

7. Acceptable use

The user agrees not to use the Platform to:

  • generate unlawful or defamatory content, content that infringes third-party rights or violates applicable law;
  • upload third-party personal data without a lawful basis or sensitive data without legal authorization;
  • attempt to compromise Platform security, reverse engineer it or extract the models;
  • automate use beyond the limits of the contracted plan.

Cardumen.ai may suspend or terminate accounts for violations, giving notice when reasonably possible.

8. Intellectual property

8.1. Platform. The software, brand, interface and documentation belong to Cardumen.ai or its licensors. No rights in them are transferred, except for the limited, non-exclusive and revocable license granted by these Terms.

8.2. Input. The user retains all rights in their input and represents that they have the authorizations needed to process it through the Platform.

8.3. Output. To the extent permitted by law, Cardumen.ai assigns to the user the rights it may have in output generated from the user's input, for use under the contracted plan. The user acknowledges that similar results may be generated for other users and that AI-generated content may not be copyrightable under applicable law.

8.4. Responsibility for output. The user is responsible for reviewing and validating generated content before using it, especially in commercial, professional or public contexts.

8 bis. User content, third-party intellectual property and notice-and-takedown procedure (DMCA)

The Platform allows users to upload files, including text, images, audio, video and PDF, as input. The user represents that they own the rights or have authorization for all material they upload and is the solely responsible party for copyright or third-party-rights infringements arising from that content.

8 bis.1. Notice-and-takedown procedure. A rights holder who believes that content hosted on the Platform infringes their rights may notify contacto@cardumen.ai, stating: (i) identification of the protected work; (ii) location of the allegedly infringing material; (iii) claimant contact details; (iv) good-faith declaration; and (v) physical or electronic signature. After receiving a valid notice, Cardumen.ai will promptly remove or disable access to the material and notify the uploading user, who may submit a counter-notice.

8 bis.2. Safe harbor. This procedure seeks to use the service-provider liability exemptions under the DMCA (17 U.S.C. §512) in the United States and the equivalent notice-and-takedown regime under Chilean Law No. 20,435. For DMCA purposes, Cardumen.ai will designate an agent with the U.S. Copyright Office. The intended result is to place responsibility on the infringing user rather than the Provider.

8 bis.3. Repeat infringement. Cardumen.ai may suspend or cancel accounts of users who repeatedly infringe third-party rights.

9. Nature of AI and absence of automated decisions

The Platform generates content and assists the user. It does not make automated decisions that produce legal effects or significantly affect the user (for example, credit, employment or access-to-service evaluations).

The user acknowledges that AI-generated content may contain errors, inaccuracies or bias and is not professional, legal, financial or medical advice. Use of the output is the user's sole responsibility.

9.1. AI disclosure. Cardumen.ai clearly and visibly states that the Platform uses artificial intelligence in these Terms, the Privacy Policy and its website. This disclosure seeks to prevent deceptive practices and meet applicable transparency requirements, including Federal Trade Commission (FTC) rules for users in the United States.

10. Availability and support

Cardumen.ai will use commercially reasonable efforts to keep the Platform available without guaranteeing uninterrupted operation. Maintenance windows and interruptions beyond its control may occur, including force majeure, third-party provider failures and network outages.

11. Limitation of liability

Cardumen.ai is liable under Chilean law. Nothing in these Terms limits liability for intent or gross negligence, or non-waivable rights granted to consumers by Law No. 19,496.

Within that framework, and for non-consumer users, Cardumen.ai's liability for direct damages is limited to the amount paid by the user during the 12 months before the event giving rise to the claim, and liability for indirect damages or lost profits is excluded.

12. Termination

The user may cancel the subscription at any time; cancellation takes effect at the end of the period already paid, without a proportional refund except where a withdrawal right or law provides otherwise. Cardumen.ai may terminate the contract for serious breach or misuse.

After the relationship ends, data is retained and deleted under the Privacy Policy.

13. Changes

Cardumen.ai may modify these Terms for legal, technical or business reasons. Material changes will be notified at least 30 days in advance to the registered email or through the Platform. For consumers, changes affecting already-contracted conditions do not apply retroactively without acceptance. Continued use after the effective date constitutes acceptance of the amended version.

14. Governing law and jurisdiction

These Terms are governed by Chilean law. For consumers, the competent judge is determined under Law No. 19,496, generally the local police court of the consumer's domicile. For other users, the parties submit to the ordinary courts located in Santiago commune.

14 bis. Dispute resolution and arbitration

Consumers in Chile: this clause is not enforceable against them. Consumers in Chile retain their full right to go to court under clause 14 (article 16(g) of Law No. 19,496).

14 bis.1. Business users (B2B) and U.S. users. For users contracting for commercial or professional purposes, and for users residing in the United States, every dispute arising from these Terms will be resolved through individual binding arbitration, with the parties waiving ordinary court litigation and participation in class or group actions, to the maximum extent permitted by applicable law.

14 bis.2. Seat and rules. Arbitration will be administered under the rules of the Santiago Arbitration and Mediation Center (CAM Santiago) for B2B users in Chile, and the American Arbitration Association (AAA) for U.S. users, by a sole arbitrator, in Spanish (or English for U.S. users).

14 bis.3. Exception. Either party may go to ordinary courts for urgent interim measures or low-value claims before small-claims courts, as applicable.

15. Contact

Questions about these Terms: contacto@cardumen.ai. Questions about personal data: see the Privacy Policy, channel contacto@cardumen.ai.

Document provided as a private electronic adhesion instrument (click-wrap). No notarized signature is required.