Language notice: This English translation is provided for convenience. The Spanish version prevails in the event of any discrepancy.
Disclaimer: This document was prepared with AI assistance and is offered as a starting point only. It is not legal advice and does not create a lawyer-client relationship. Laws may change. A qualified legal professional in Spain should review it before publication or use. The tool's author accepts no liability for its use.
Draft: complete the highlighted fields and confirm the contracting, tax and Stripe terms before publication.
Terms of Service
Last updated: .
1. Provider, acceptance and professional use
Oteaya is provided by Derek Sanz Chiorean, a self-employed professional with tax ID 47479047D, business address at Carrer De La Generalitat, 8, Alcanar and email [email protected]. Wakefold is his trade name; website: https://wakefold.com (the “Provider”). These terms govern the website, application, monitors and API (the “Service”). The Service is offered for professional or business purposes. When creating an account, you must confirm that you act for those purposes and have authority to bind the organisation you represent.
You accept these terms by ticking the required box in the registration form and selecting “Create account”. The version in force on the acceptance date applies. If you contract as a consumer under applicable law, these terms do not exclude your non-waivable rights; those rights prevail in case of conflict.
2. Service and third-party sources
Oteaya brings together content available from open sources based on queries configured by the customer and helps organise it with automated analysis. This may include news, public X posts, messages from public Telegram channels, labels and analysis results. The Provider does not create or control those sources, independently verify their claims, or guarantee their accuracy, lawfulness, availability, completeness or timeliness. Analysis may be incomplete or incorrect; it is a reading aid, not advice or a conclusion about a person or entity. Check original sources before acting.
The Service depends on third-party platforms, networks, sources and providers, which may change their terms or interrupt access. The Provider may adapt or suspend a source or feature for legal, technical or security reasons, or due to third-party changes. No coverage, response time or uninterrupted availability is guaranteed. No specific SLA applies unless separately agreed in writing.
3. Account, team and acceptable use
You must provide accurate information, keep it up to date, protect your credentials and remove access for people who are no longer authorised. You are responsible for activity by your account and organisation members within the Service. Report unauthorised access to [email protected].
You must not use the Service to break the law or infringe third-party rights; harass, stalk, discriminate against or unlawfully monitor people; evade limits; interfere with security or availability; introduce harmful code; test systems without authorisation; resell or sublicense the Service without written permission; or abusively extract data or develop a competing product through unauthorised use of the Service, its code or confidential information. You must follow your plan's limits for monitors, users, searches, analyses, API and retention.
4. Content and data protection
You retain the rights you hold in queries and content you provide. You authorise us to host, reproduce and process it as needed to provide, maintain and protect the Service and through the providers identified in the Privacy Policy. You warrant that you may provide the content and that your instructions are lawful. Do not submit special-category personal data or data you are not authorised to process.
When we process personal data on your organisation's behalf, it determines the purpose and legal basis and fulfils its notice and rights-handling obligations. Oteaya acts as processor only for processing subject to documented instructions and a data processing agreement signed by the parties. Do not enable monitors involving personal data until the data processing agreement template is completed and signed. Each party is responsible for its obligations according to its actual role in each processing activity.
5. Plans, prices, payments and withdrawal
Plans are monthly subscriptions and the Incident pass is a one-time payment. Prices, limits and features are those published on the pricing page and during checkout. Base amounts are in euros and are configured in Stripe exclusive of tax, including the Incident pass. Stripe calculates applicable taxes from billing details and shows them separately before payment confirmation. The total may vary by country and the transaction's tax status; you must provide accurate billing and tax-identification details. Payments are processed through Stripe, which may process data under its own terms.
Subscriptions are charged in advance and renew automatically for monthly periods until cancelled through the billing portal. Cancellation is scheduled for the end of the paid period: the next period will not renew and access continues until that date. Plan changes are prorated; Stripe calculates applicable charges or credits for the remaining period. The Incident pass is a one-time payment that enables one monitor for seven days and allows access to content for the applicable retention period, currently 30 days from each item's first collection. It does not renew.
For business and professional contracts, amounts paid are not refunded or prorated for non-use, cancellation or periods already started, except in case of Provider breach or where mandatory law requires otherwise. This does not remove consumer rights. If you contract as a consumer, you may exercise the statutory right of withdrawal within fourteen days after entering into the contract, unless a legal exception applies. Starting the Service immediately does not by itself waive that right. To exercise it, email [email protected] with your account and contract details; legal rules on services already provided and amounts due will apply.
Withdrawal notice template (consumers only):
“For the attention of Derek Sanz Chiorean, Carrer De La
Generalitat, 8, Alcanar, [email protected]: I hereby give notice that I withdraw from the Oteaya
contract entered into on [CONTRACT DATE]. Full name: [FULL NAME]. Account email: [ACCOUNT EMAIL]. Date
sent: [DATE SENT].”
If a payment fails, we may suspend paid features until it is resolved. Invoices will be issued as applicable using the supplied details and applicable taxes.
6. Cancellation, suspension and data at termination
You may stop using the Service and cancel a subscription at any time through the billing portal. Subscription cancellation takes effect at the end of the paid period unless Stripe's confirmation says otherwise. It does not by itself delete the account. To request account deletion, email [email protected]; information we must retain by law or for claims will be kept. After the Service ends, you may request in writing at that address an export of data still retained during the following 30 calendar days. This period does not suspend or extend applicable retention periods; data whose retention period expires sooner may be deleted and become unavailable.
Monitor content is deleted according to the plan's retention period, measured from each item's first collection. When no plan is active, a default maximum of 30 days from that date applies, so older items may be deleted sooner. Deletion from the database does not mean immediate deletion from backups, which follow the cycle described in the Privacy Policy: 7 days on the server and up to 30 days in the remote storage service when the backup task is active.
We may suspend or restrict access as needed due to non-payment, security risks, breaches, harm to the Service or third parties, or legal requirements. Where possible, we will notify you and allow you to remedy the breach. A security emergency or legal requirement may require immediate suspension. We may terminate the contract for a serious breach or one not remedied after notice. Accrued payment obligations and provisions on intellectual property, liability and confidentiality that by their nature should survive will remain in effect.
7. Changes to the Service and these terms
We may change features or limits for technical, legal or security reasons or due to third-party decisions. If a change materially affects an active subscription, we will notify you before it takes effect where reasonably possible, and you may cancel before it applies. Changes will not apply retroactively to a period already paid for, unless required by law.
We may update these terms due to legal, technical or Service changes. We will publish the new version with its date and, if it materially affects a subscription, notify you before the next renewal. If you disagree, you may cancel before that date. The new version will not apply retroactively.
8. Intellectual property
The Provider or its licensors retain rights in the Oteaya brand, design, software and original materials, except third-party components subject to their own licences. While your account and plan are active, you may use the Service on a limited, non-exclusive and non-transferable basis for your business. You acquire no other rights in the Service. External-source content belongs to its respective owners and may be subject to separate reuse terms.
9. Warranties and liability
We will provide the Service with reasonable professional care. We do not guarantee uninterrupted availability, complete absence of errors, full source coverage, or accuracy or completeness of external content or automated analysis. To the extent permitted by law, the Provider is not liable for indirect damage, loss of profit, lost opportunities or business interruption caused by external sources, platforms or providers, without prejudice to liabilities that legally apply.
To the extent permitted by law, the Provider's aggregate liability for direct damage arising from the Service is limited to the amounts paid or payable by the customer for the Service in the twelve months before the event. In any case, the minimum cap is EUR 100. No limitation applies to liability that cannot legally be limited, including wilful misconduct, personal injury and mandatory consumer rights.
10. Claims and indemnity
To the extent permitted by law, you are responsible for third-party claims arising directly from content or instructions you provide, unlawful use of the Service, or your or your organisation members' breach of these terms. This obligation does not cover damage attributable to the Provider. We will notify you of the claim and reasonably cooperate in its defence. For questions or claims, email [email protected].
11. Confidentiality and data protection
Each party will keep the other party's non-public information confidential and use it only to perform the contract, except where disclosure is legally required. Personal-data processing is governed by the Privacy Policy and, where applicable, the data processing agreement signed by the parties.
12. Force majeure, governing law and disputes
Neither party is liable for delays caused by circumstances reasonably beyond its control. The affected party will take reasonable steps to limit their effects and resume performance when possible.
These terms are governed by Spanish law. For business or professional contracts, the parties submit to territorial jurisdiction will be determined under the applicable procedural rules. Consumer contracts are subject to mandatory jurisdiction and consumer-protection rules.
If a clause is held invalid, the remaining clauses stay in effect. Failure to exercise a right is not a waiver. You may contact the Provider at [email protected].