Terms of Use - Gemelo Digital

Last Updated: November 2025

Effective Date: November 2025

1. Introduction and Acceptance

Welcome to Gemelo Digital. These Terms of Use govern your access to and use of the website located at gemelo-ai.com, including any subdomains, mobile applications, and related services (collectively, the “Platform”).

Gemelo Digital (“Gemelo Digital,” “we,” “us,” or “our”) is a technology venture based in Spain, specializing in AI-powered digital twin technology for port operations optimization.

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you must not access or use the Platform.

2. Definitions

Throughout these Terms of Use, the following definitions apply:

“User” refers to any individual or entity accessing or using the Platform.

“Services” means all products, features, tools, and functionalities provided through the Platform, including our digital twin technology, AI optimization algorithms, and related software solutions.

“Content” includes all text, graphics, images, software, data, documentation, and other materials available on or through the Platform.

“User Content” means any information, data, or materials that Users submit, upload, or transmit through the Platform.

3. Eligibility

To use the Platform, you must be at least 18 years old and have the legal capacity to enter into binding contracts under applicable law. If you are using the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

Users accessing the Platform from within the European Union must comply with all applicable EU regulations, including the General Data Protection Regulation (GDPR).

4. Account Registration

Certain features of the Platform may require account registration. When creating an account, you agree to:

Provide accurate, current, and complete information during registration

Maintain and promptly update your account information

Keep your login credentials confidential and secure

Notify us immediately of any unauthorized access to your account

Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraudulent or unauthorized purposes.

5. Permitted Use

You may use the Platform solely for lawful purposes and in accordance with these Terms. You agree not to:

Use the Platform in any way that violates applicable local, national, or international law, including EU regulations

Attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform

Use any automated means, including robots, spiders, or scrapers, to access the Platform without our express written permission

Interfere with or disrupt the integrity or performance of the Platform

Attempt to reverse engineer, decompile, or disassemble any software contained in the Platform

Remove, alter, or obscure any proprietary notices on the Platform

Use the Platform to transmit malware, viruses, or other malicious code

Collect or harvest any information from the Platform without authorization

Impersonate any person or entity or misrepresent your affiliation with any person or entity

6. Intellectual Property Rights

All Content on the Platform, including but not limited to software, algorithms, text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the exclusive property of Gemelo Digital or its licensors and is protected by Spanish, European, and international intellectual property laws.

Our digital twin technology, reinforcement learning algorithms, and port optimization methodologies are proprietary and may be subject to patent protection. Nothing in these Terms grants you any right or license to use our intellectual property except as expressly permitted.

You may not copy, modify, distribute, sell, lease, or create derivative works based on any Content without our prior written consent.

7. User Content

By submitting User Content to the Platform, you grant Gemelo Digital a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving our Services.

You represent and warrant that:

You own or have the necessary rights to submit the User Content

The User Content does not infringe any third-party intellectual property rights

The User Content does not contain any unlawful, defamatory, or harmful material

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate at our sole discretion.

8. Confidentiality

Any non-public information disclosed by either party in connection with the Services shall be treated as confidential. This includes, without limitation, technical data, business strategies, pricing information, and any information marked as confidential.

Neither party shall disclose confidential information to third parties without prior written consent, except as required by law or court order.

9. Service Availability and Modifications

We strive to maintain Platform availability but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time without prior notice. We shall not be liable for any modification, suspension, or discontinuation of the Platform.

10. Third-Party Links and Services

The Platform may contain links to third-party websites or services that are not owned or controlled by Gemelo Digital. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

Your use of third-party websites or services is at your own risk and subject to their respective terms and conditions.

11. Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEMELO DIGITAL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Platform will meet your specific requirements

The Platform will be uninterrupted, timely, secure, or error-free

The results obtained from using the Platform will be accurate or reliable

Any errors in the Platform will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEMELO DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the legal theory on which the claim is based, whether we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

Nothing in these Terms shall limit or exclude liability for:

Death or personal injury caused by negligence

Fraud or fraudulent misrepresentation

Any other liability that cannot be excluded or limited under applicable law

13. Indemnification

You agree to defend, indemnify, and hold harmless Gemelo Digital, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

Your access to or use of the Platform

Your violation of these Terms

Your violation of any third-party rights, including intellectual property rights

Any User Content you submit to the Platform

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Valencia, Spain.

For Users within the European Union, these Terms do not affect any mandatory consumer protection rights under the laws of your country of residence that cannot be waived by contract.

15. Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us at legal@gemelo-ai.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve the matter within 30 days.

If the dispute cannot be resolved informally, either party may initiate formal legal proceedings in accordance with Section 14.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify Users by posting the updated Terms on the Platform and updating the “Last Updated” date.

Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Waiver

The failure of Gemelo Digital to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Gemelo Digital.

19. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Gemelo Digital regarding your use of the Platform and supersede all prior agreements and understandings, whether written or oral.

20. Language

These Terms were originally drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

21. Contact Information

If you have any questions about these Terms of Use, please contact us:

Gemelo Digital

Website: https://gemelo-ai.com

General Inquiries: info@gemelo-ai.com