Terms of Service

1. Who we are

This website and the Wicely platform are operated by Tres Comas Ventures, S.L. ("Wicely", "we", "us").

2. Acceptance and scope

These Terms govern your use of wicely.com and of the Wicely platform. By using either, you agree to them. If you do not agree, do not use the service.

These Terms are general conditions of contract within the meaning of Spanish Law 7/1998 on General Contracting Conditions. We make them permanently available on this page so that you can read, save and print them before and after you use the service.

If your organisation has signed a subscription agreement, order form or pilot agreement with us, that agreement prevails over these Terms wherever the two conflict. These Terms fill the gaps and govern anyone using the service without a separate signed contract.

Personal data is covered by our Privacy Policy, which forms part of these Terms.

3. What the service does

Wicely is a subscription software service for industrial R&D and innovation teams. It monitors public sources (patent filings, scientific literature, regulatory publications and industry news) across the business lines a customer configures, and delivers analysis and reports based on them.

We may improve, change or discontinue features. Where a change materially reduces the functionality a paying customer relies on, we will give reasonable advance notice.

4. Who may use Wicely

Wicely is offered to organisations, not to consumers. You may use it only if you are at least 18 years old and are acting on behalf of a business that has an active subscription, pilot or evaluation with us. By accepting these Terms you confirm you have authority to bind that organisation.

If, exceptionally, you contract with us as a consumer, the mandatory provisions of Spanish consumer protection law apply to you and nothing in these Terms limits or excludes the rights they give you.

5. Accounts and access

Accounts are personal to the individual they are issued to and must not be shared. You are responsible for keeping your credentials confidential and for activity carried out under your account. Tell us promptly at privacy@wicely.com if you suspect unauthorised access.

We may suspend an account that is being used in breach of these Terms, that threatens the security or availability of the service, or that we are legally required to suspend. We will restore access as soon as the cause is resolved.

6. Subscriptions and fees

Access to Wicely is provided on a subscription basis. Scope, term, pricing, payment terms and renewal conditions are set out in the order form or subscription agreement signed with your organisation. Fees are exclusive of VAT and other applicable taxes unless stated otherwise.

7. Purchases through Microsoft Marketplace

Where your organisation obtains Wicely through Microsoft Marketplace, the ordering, billing and payment of that transaction are handled by Microsoft under the agreement between your organisation and Microsoft. These Terms continue to govern your use of the service itself. If a term of your Microsoft purchase agreement conflicts with these Terms in relation to ordering, billing or payment, the Microsoft agreement prevails on those points only.

8. Pilots, evaluations and beta features

We often make Wicely available under a pilot or evaluation agreement, and we sometimes release features marked as beta, preview or early access.

Pilot, evaluation and beta access is provided as is and without any service level commitment. Beta features may change substantially or be withdrawn, and should not be relied on for decisions of consequence. Where a signed pilot agreement sets different terms, that agreement prevails.

9. Acceptable use

You agree not to:

• Use the service unlawfully, or in breach of the rights of others.
• Resell, sublicense, rent or make the service available to any third party outside your organisation without our written agreement.
• Copy, scrape or systematically extract the service, its reports or its underlying data in order to build or train a competing product or model.
• Reverse engineer, decompile or attempt to derive the source code of the service, except to the extent that restriction is prohibited by law.
• Circumvent access controls, probe or test the vulnerability of the service without our prior written permission, or interfere with its normal operation.
• Upload material that is unlawful, infringing, or that contains malicious code.
• Upload special categories of personal data (health, biometric, political opinions and the like) into your workspace. The platform is not designed to process them and our Data Processing Agreement does not cover them.

10. Your content

Your organisation retains ownership of the business information it puts into Wicely: business lines, strategic priorities, technology areas, documents and any other content you upload or configure.

You grant us a limited licence to host, process and analyse that content strictly in order to provide the service to you. We do not use one customer's content to serve another, and we do not use it to train foundation models. Processing of personal data within your content is governed by the Data Processing Agreement between us.

You are responsible for keeping your own copies of anything you need to retain independently of the service. On request during your subscription, and for 30 days after it ends, we will make your content available for export.

11. Reports, analysis and AI output

Please read this section carefully. It matters more than most.

Wicely produces analysis with the help of artificial intelligence, drawing on public sources. That analysis is provided for information purposes only. In particular:

• Wicely does not provide legal, patent, freedom-to-operate, regulatory, investment, tax or professional advice, and nothing the platform outputs should be treated as such.
• A Wicely report is not a patentability opinion, a validity opinion, a freedom-to-operate clearance or a legal search. Decisions with legal or financial consequence should be taken with a qualified patent attorney or other professional adviser.
• AI-generated analysis can be incomplete or wrong. Public sources can be incomplete, delayed or mistaken, and patent databases in particular publish on a delay of many months. Verify anything material against the primary source before you rely on it.
• We do not warrant that the service identifies every relevant patent, publication, regulation or competitor development.

You remain responsible for the decisions your organisation takes, and for any independent verification those decisions warrant.

AI transparency. Output generated by the platform is identified as AI-generated, in line with Article 50 of Regulation (EU) 2024/1689 (the AI Act). Reports we publish openly on this website are reviewed and edited by a person before publication and we hold editorial responsibility for them. If you republish Wicely output, you are responsible for any disclosure obligations that attach to your own publication.

12. Our intellectual property

The service, the software, the underlying models, prompts, methodologies, report formats, and all trade marks and branding are owned by Wicely or its licensors. These Terms grant you a right to use the service during your subscription, and nothing more. Feedback and suggestions you send us may be used freely to improve the service, without obligation to you.

We will not use your organisation's name or logo as a customer reference in public materials without your prior written agreement.

13. Third-party sources and links

The service analyses content from third-party sources and may link to third-party websites. We do not control those sources, are not responsible for their content or accuracy, and their inclusion is not an endorsement. Where a source imposes its own terms on the underlying material, those terms continue to apply to it.

14. Confidentiality

Each party will keep the other's confidential information in confidence and use it only for the purposes of the relationship, applying at least reasonable care. This does not apply to information that is or becomes public through no breach, was already lawfully known, is independently developed, or must be disclosed by law, in which case the disclosing party will be given notice where legally permitted.

15. Availability and warranties

We take availability seriously and operate the service using the security measures described in our Privacy Policy. Any specific service level commitments are those stated in your signed agreement.

Otherwise, and to the fullest extent permitted by law, the service is provided "as is", and we exclude all implied warranties including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted, error free, or that its output will be complete or accurate.

16. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss of anticipated savings.

Our total aggregate liability arising out of or in connection with the service is limited to the fees paid by your organisation to us in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

17. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, epidemics, strikes, failures of public telecommunications or energy networks, and acts of government. The affected party will tell the other as soon as practicable and will resume performance as soon as it reasonably can.

18. Term and termination

These Terms apply for as long as you use the service. Subscription terms and notice periods are those in your signed agreement.

On termination, your right to access the service ends. Customer data is returned or deleted within 30 days, as set out in our Data Processing Agreement and Privacy Policy. Sections that by their nature should survive (intellectual property, confidentiality, disclaimers, limitation of liability and governing law) survive termination.

19. Assignment, notices and waiver

You may not assign or transfer these Terms without our prior written agreement. We may assign them to a group company or in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.

Notices to us should be sent to hello@wicely.com. Notices to you will be sent to the email address associated with your account or your organisation's contact of record.

If we do not enforce a provision of these Terms on some occasion, that is not a waiver of our right to enforce it later.

These Terms, together with the Privacy Policy, the Data Processing Agreement and any signed order form or subscription agreement, are the entire agreement between us on their subject matter.

20. Changes to these Terms

We may update these Terms as the service and the law evolve. The date at the top reflects the current version. For material changes affecting customers with an active subscription, we will give reasonable advance notice by email or in the product before the change takes effect.

21. Governing law and jurisdiction

These Terms are governed by the laws of Spain, without regard to conflict of law rules.

These Terms are general conditions prepared in advance by us rather than individually negotiated with you. We therefore do not impose a choice of court on you: any dispute will be heard by the courts having jurisdiction under the applicable rules of Spanish civil procedure, since Article 54.2 of the Spanish Civil Procedure Act does not permit express submission clauses in contracts of this kind. Where your organisation has signed a negotiated subscription agreement containing its own jurisdiction clause, that clause applies to disputes under that agreement.

Either party may seek injunctive relief before any competent court to protect its intellectual property or confidential information.

If any provision of these Terms is held invalid or unenforceable, the rest remains in force and the invalid provision is replaced by a valid one that comes closest to its intended effect.

22. Contact us

Tres Comas Ventures, S.L. Carrer del Raval 11 08150 Parets del Vallès Barcelona, Spain hello@wicely.com Privacy matters: privacy@wicely.com