Terms of Service
1. Acceptance of These Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Counsel (“we”, “our”, or “us”), governing your access to and use of the Counsel platform available at mycounsels.com (“Service”).
By creating an account or by using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Description of the Service
Counsel is an AI-powered strategic advisory tool that provides European small and medium enterprises (“SMEs”) with access to a virtual board of nine AI specialist agents. These agents deliberate on strategic questions submitted by you and produce structured recommendations.
The Service is designed to support your decision-making process, not to replace it. Counsel is a thinking tool, not an advisory firm.
3. AI Advisory Disclaimer
Counsel is not a substitute for qualified professional advice. The recommendations generated by Counsel’s AI agents are not legal, financial, accounting, tax, medical, or any other form of regulated professional advice.
The AI agents are general-purpose AI systems trained on broad data. They reason from first principles and adapt to your context, but they do not hold professional qualifications, do not have access to your complete business situation, and may make errors. For any decision with material financial, legal, or safety consequences, you should consult a qualified professional.
By using the Service, you acknowledge that you are interacting with AI systems, not human advisors, and that you retain full responsibility for any decisions you make.
4. Eligibility and Account Registration
To use the Service, you must: (a) be at least 18 years old; (b) be a legal representative or authorised employee of a business entity; and (c) provide accurate information when creating your account.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at trymycounsels@gmail.com if you believe your account has been compromised.
5. User Responsibilities
By using the Service, you agree to:
- Provide accurate, current, and complete information when setting up your workspace and submitting questions.
- Not upload content that is illegal, infringes third-party intellectual property rights, or contains personal data of individuals without an appropriate legal basis.
- Comply with all applicable laws and regulations in your jurisdiction, including data protection law.
- Ensure that all members you invite to your workspace have accepted these Terms or are otherwise authorised to use the Service on behalf of your organisation.
6. Prohibited Uses
You may not use the Service to:
- Engage in any unlawful activity or facilitate illegal conduct.
- Attempt to extract, reverse-engineer, or replicate the AI agent system prompts or the underlying model architecture.
- Conduct prompt injection attacks or otherwise attempt to circumvent the Service’s security controls.
- Resell, sublicense, or otherwise provide access to the Service to third parties without our express written permission.
- Engage in automated scraping, crawling, or mass extraction of data from the Service.
- Use the Service in a way that could damage, disable, or impair the Service or interfere with other users.
- Use the Service for any application listed in Annex III of the EU AI Act (Regulation (EU) 2024/1689) as a high-risk AI use case. This prohibition includes, without limitation: making or substantively influencing employment decisions (hiring, firing, performance assessment, promotion, or task allocation); credit scoring or insurance pricing for individuals; educational or vocational assessment determining access to education; decisions affecting access to essential public services or benefits; law enforcement profiling; border control or immigration decisions; and administration of justice. Violation of this prohibition constitutes a material breach of these Terms and grounds for immediate termination of your account without notice or refund.
7. Intellectual Property
Counsel’s IP. The Service, including its software, system prompts, agent architecture, design, brand, and all content produced by Counsel (except user-generated content and AI outputs), is the exclusive property of Counsel or its licensors. Nothing in these Terms transfers ownership of this IP to you.
Your data. All data, documents, and information you provide to the Service remain your property. You grant us a limited, non-exclusive licence to process your data solely for the purpose of providing the Service to you.
AI-generated outputs. The recommendations and outputs produced by the AI agents during your consultations are owned by you. You may use, reproduce, modify, and distribute them for any lawful purpose, including commercial purposes, without restriction. Counsel retains no rights in outputs generated from your inputs. However, you may not represent outputs as having been produced by a licensed human professional in a regulated field (legal, financial, medical, or accounting).
8. Payment and Subscriptions
Paid plans are billed through Lemon Squeezy, our Merchant of Record, who handles payment processing, VAT collection, and invoicing across the EU. By subscribing to a paid plan, you authorise Lemon Squeezy to charge the applicable fees.
Monthly plans renew automatically on a monthly basis. Annual plans are prepaid for 12 months. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.
We reserve the right to modify pricing. We will give you at least 30 days’ notice before any price change takes effect. If you do not accept the new pricing, you may cancel before the change takes effect.
9. Limitation of Liability
The Service is provided “as is” and “as available”. To the maximum extent permitted by Spanish law, Counsel disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall Counsel be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising out of or in connection with the Service or any decisions made on the basis of AI-generated recommendations.
Counsel’s total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees you paid to us in the 12 months preceding the event giving rise to the claim. If you are on the Free tier, our liability cap is €50.
Notwithstanding the foregoing, nothing in these Terms limits or excludes liability for gross negligence (culpa grave) or wilful misconduct (dolo), to the extent that such limitation would be void under applicable Spanish law (Art. 1102 of the Civil Code).
10. Data Processing
Where your use of the Service involves processing of personal data of third parties, Counsel acts as a data processor on your behalf within the meaning of GDPR Art. 28. Our Data Processing Agreement, available at https://mycounsels.com/legal/dpa, governs such processing and is incorporated into these Terms by reference. By using the Service in a manner that involves personal data of third parties, you agree to the DPA.
Sub-processors and international transfers are detailed in our Privacy Policy at https://mycounsels.com/legal/privacy. We will notify you at least 30 days before adding new sub-processors.
11. Termination
By you. You may terminate your account at any time from your account Settings. Upon termination, your right to use the Service ceases immediately.
By us. We may suspend or terminate your access to the Service if you materially breach these Terms and fail to remedy the breach within 15 days of notice, or immediately if the breach involves illegal activity, security incidents, or conduct that poses a risk to other users.
Data after termination. On account deletion, we will delete your data as described in our Privacy Policy and in accordance with GDPR Art. 17. You may request a data export before terminating.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you by email and by prominent notice on the Service at least 15 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by Spanish law. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Barcelona (Spain), with both parties waiving any other jurisdiction to which they may be entitled.
Before initiating formal proceedings, we encourage both parties to attempt to resolve any dispute amicably. Please contact us at trymycounsels@gmail.com before escalating.
14. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, industrial disputes, or failures of third-party infrastructure providers. The affected party shall notify the other as soon as reasonably practicable and use reasonable efforts to mitigate the impact.
15. Entire Agreement
These Terms, together with our Privacy Policy and, where applicable, the Data Processing Agreement (https://mycounsels.com/legal/dpa), constitute the entire agreement between you and Counsel with respect to the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings relating to the same subject matter.
16. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms shall continue in full force and effect.
17. Contact
For questions about these Terms, contact us at: trymycounsels@gmail.com
Counsel · Barcelona, Spain