Terms of Service

1. Legal Agreement and Contracting Parties

These Terms and Conditions govern the access and use of EkamDasha services by individuals and legal entities. They have been drafted in compliance with Law 24.240 on Consumer Protection (Argentina), Law 25.326 on Personal Data Protection (Argentina), Regulation (EU) 2016/679 (GDPR), and the Information Society Services Law (Directive 2000/31/EC), to the extent applicable.

1.1 Service Provider Identification

EkamDasha is a registered trademark owned by Diego Sergio Mozzi, Tax ID (CUIT) 20-32309122-7, with registered address in Río Colorado, Province of Río Negro, Argentine Republic. Contact email: legal@ekamdasha.com. Phone: +54 9 11 7631 5651.

1.2 Acceptance

By registering, accessing, or using any of EkamDasha's Services —including EkamDasha Shield, EkamDasha Pass, the EK Conversational Agent, and the public analysis endpoint— the user declares that they have read, understood, and fully accepted these Terms. If the user acts on behalf of a legal entity, they declare that they have the necessary authority to bind such entity.

1.3 Minimum Age and Legal Capacity

To use the Services, users must be at least 18 years of age and have full legal capacity under the laws applicable in their jurisdiction. If under 18, the user may only use the Services with verifiable consent from a parent or legal guardian. EkamDasha reserves the right to terminate accounts that fail to comply with this requirement without prior notice.

2. Description of Services

2.1 EkamDasha Shield

AI-powered content analysis API service designed to identify and block spam, malicious content, and abuse at any user data entry point (contact forms, registrations, authentication, comments, reviews, newsletter subscriptions, checkout processes, etc.). Processing is carried out entirely within EkamDasha's infrastructure. Shield may additionally query Google Safe Browsing API and VirusTotal API services to verify URLs included in the analyzed content, as detailed in Clause 13.

2.2 EkamDasha Pass

Zero-knowledge architecture password manager with end-to-end encryption. User passwords are encrypted on their device using AES-256-GCM and are never transmitted in plain text to EkamDasha's servers. Includes smart autofill and Chrome extension. EkamDasha cannot access, view, or recover user passwords under any circumstances.

2.3 EK Conversational Agent

Conversational assistant powered by Anthropic (Claude API), integrated into the EkamDasha platform. EK processes user messages to answer queries related to the services. Conversations are recorded according to session type (anonymous or authenticated) as detailed in Clauses 3 and 5. EK's responses are for informational purposes only and do not constitute professional advice of any kind.

2.4 Public Shield — Unregistered Endpoint

Public access endpoint (/api/Shield/v1/public/analyze) that allows text analysis without requiring prior registration. Anyone can submit content to this endpoint. By using it, the user expressly accepts:

• That the submitted text and connection metadata will be processed by Shield's algorithms;
• That the data will be recorded in accordance with the Privacy Policy;
• These Terms in their entirety, to the extent applicable to unregistered users.

2.5 Pass Chrome Extension

Extension published on the Chrome Web Store that extends Pass functionalities by adding analysis of the active website through Shield queries, including URL verification against external security databases (Google Safe Browsing and VirusTotal). The required permissions and their justification are detailed in Clause 3.4.

3. User Obligations and Responsibilities

3.1 General Obligations

• Maintain the confidentiality of their access credentials (API keys, account password) and immediately notify EkamDasha of any unauthorized use.
• Use the Services exclusively for their intended purposes, in good faith, and in compliance with applicable laws in their jurisdiction.
• Provide truthful, accurate, and up-to-date information when registering and during use of the Services.
• Not assign, sublicense, or transfer their account or access to the Services to third parties without EkamDasha's express authorization.

3.2 Prohibited Uses

The following are expressly prohibited:

• Using the Services for illegal purposes or that violate third-party rights.
• Attempting to bypass, disable, interfere with, or reverse engineer EkamDasha's systems or security measures.
• Performing load tests, denial of service attacks, or any action that may degrade Service availability.
• Using the Services to send, process, or store content that infringes intellectual property rights, contains malware, or constitutes unsolicited commercial communication (spam).
• Accessing other users' data or EkamDasha's systems without authorization.
• Reselling or commercializing access to the Services without a prior written distribution agreement with EkamDasha.

3.3 Specific Obligations — Shield

• API Key: The user is responsible for the custody and confidentiality of their API key. EkamDasha shall not be liable for fraudulent use of an API key compromised due to user negligence.
• Regulatory compliance in the use of Shield: The user integrating Shield into their platform assumes the role of data controller for their end users' personal data. Consequently, they must:
  • Have a valid legal basis for processing (consent, legitimate interest, or other);
  • Inform their end users about the processing carried out through Shield, including data transfer to EkamDasha;
  • Include a mention of EkamDasha as data processor in their own privacy policy;
  • Enter into a Data Processing Agreement (DPA) with EkamDasha when required by the GDPR or other applicable regulations.
• Accuracy Limitations: The user understands that Shield is a probabilistic detection tool. EkamDasha does not guarantee the absence of false positives or false negatives. The user is responsible for configuring appropriate risk thresholds for their use case and implementing manual review mechanisms when applicable.
• URL Verification: When analyzed content includes URLs, Shield may query them against Google Safe Browsing API and VirusTotal API. Results are indicative. EkamDasha does not guarantee their accuracy and shall not be liable for blocking decisions based on false positives from such external services. See Clause 13.

3.4 Specific Obligations — Pass

• Master Password and Zero Knowledge: EkamDasha Pass operates under zero-knowledge architecture. EkamDasha has no access to the user's master password or vault data. Loss of the master password results in irretrievable loss of vault access. The user assumes full responsibility for safeguarding their master password.
• Backups: The user is responsible for making periodic backups by exporting their vault data through Pass's export function. EkamDasha cannot recover data from locked vaults.
• Two-Factor Authentication (2FA): Enabling 2FA is strongly recommended. EkamDasha shall not be liable for unauthorized access to accounts that do not have 2FA enabled.

3.5 Chrome Extension Permissions — Pass

The EkamDasha Pass extension requests the following permissions in Chrome, with corresponding justification:

The extension DOES NOT collect browsing history, plain text passwords, form data unrelated to authentication, or inactive tab information.

3.6 Specific Obligations — EK Agent

• Anonymous Session: Conversations started without registration are temporarily stored associated with the session. History does not persist between sessions and is not recovered when refreshing the page. Recorded data: source IP, language, analyzed text, and messages. When the session ends, data is automatically deleted.
• Authenticated Session: Conversations of registered users are persistently stored in EkamDasha's internal systems, associated with the user's account. Recorded data: source IP, user identification, language, analyzed text, and messages. Users may request deletion of their history as per Clause 7.
• Nature of EK Responses: EK is an automated assistant. Its responses do not constitute legal, medical, financial, or any type of professional advice. EkamDasha shall not be liable for decisions made based on EK's responses.
• AI Provider: EK is powered by Anthropic (Claude). Messages are processed by the Anthropic API in accordance with their Privacy Policy and Acceptable Use Policies. EkamDasha transmits messages without including additional user-identifying data.

4. Fees, Payment and Billing

4.1 Plans and Prices

Use of the Services is subject to the fees published on EkamDasha's Pricing pages, which may vary depending on the contracted plan. Prices are expressed in US dollars (USD) unless otherwise indicated.

4.2 Price Modification

EkamDasha reserves the right to modify its fees with a minimum of 30 calendar days' prior notice, communicated by email and through publication on the website. Continued use of the Services after the new prices take effect implies the user's tacit acceptance. If the user does not accept the modification, they must cancel their plan before the new prices come into force.

4.3 Billing and Payment Methods

Payments are made in advance for the contracted period. EkamDasha accepts payments via MercadoPago and bank transfer. MercadoPago acts as an independent payment processor; its Terms and Conditions govern the relationship between the user and MercadoPago. EkamDasha does not store credit card data or users' banking information.

4.4 Refund Policy

Refunds are granted exclusively in the following cases:

• Serious technical failure attributable to EkamDasha that prevents use of the service for more than 72 consecutive hours;
• Permanent discontinuation of the service by EkamDasha, in which case the unused prepaid period will be refunded;
• Exercise of the right of withdrawal within the legal period as per Clause 1.4, with a proportional deduction for actual use.

Voluntary cancellation of a plan by the user before the end of the contracted period does not entitle the user to a proportional refund.

5. Processing of Personal Data

The processing of personal data is governed by EkamDasha's Privacy Policy, which forms an integral part of these Terms. The most relevant aspects for the user are presented below:

5.1 Data Controller

EkamDasha (Diego Sergio Mozzi, Tax ID 20-32309122-7) acts as the data controller for personal data collected in the context of providing its Services, in accordance with Article 3 of Law 25.326 and Article 4.7 of the GDPR.

5.2 Legal Bases for Processing

EkamDasha processes users' personal data on the following legal bases:

5.3 EK Agent Data — Details by Session Type

Conversations with EK are stored in EkamDasha's internal systems according to the following scheme:

• Anonymous session: Source IP, detected language, analyzed text, and conversation messages. History exists only while the active session lasts. When refreshing the page or starting a new session, previous anonymous session data is not recovered nor remains associated with the user.
• Authenticated session: User identification, source IP, language, analyzed text, and messages. History is persistently stored and accessible to the user. Users may request deletion of their history at any time as per Clause 7.

5.4 Data Transfer to Anthropic

Messages sent to the EK Agent are processed by the Anthropic API. Anthropic acts as a data processor. Messages are transmitted without additional personal identifiers (name, email, visible ID). Anthropic processes data in accordance with its Privacy Policy and its enterprise customer data protection program terms. For users in the European Economic Area (EEA), this transfer is carried out under the adequate safeguards provided for in Article 46 of the GDPR. Such transfer is supported by the Standard Contractual Clauses (SCC) approved by the European Commission, or the EU-US Data Privacy Framework as applicable. For more information: https://www.anthropic.com/legal.

5.5 Transfer of URLs to Reputation Services

When content analyzed by Shield includes URLs, they may be sent to:

• Google Safe Browsing API (Google LLC, United States);
• VirusTotal API (Google LLC / Alphabet Inc., United States).

These services act as data processors. URLs do not include end-user identifying data. For users in the EEA, these transfers are covered by applicable adequacy decisions or EU Standard Contractual Clauses. EkamDasha does not retain complete URLs in identifiable form beyond the time strictly necessary for processing the analysis.

6. Intellectual Property

6.1 EkamDasha's Property

EkamDasha, Shield, Pass, and EK, including all software, source code, compiled code, design, algorithms, AI models, documentation, trademarks, and trade names, are the exclusive property of EkamDasha (Diego Sergio Mozzi) and are protected by intellectual property laws applicable in the Argentine Republic and, where applicable, by international treaties. Their reproduction, modification, distribution, or exploitation is prohibited without the express written authorization of EkamDasha.

6.2 License of Use

EkamDasha grants the user a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these Terms. This license does not imply the transfer of any intellectual property rights over the Services or their components.

6.3 User Data

• Shield: The user retains all rights to the content they submit for analysis. EkamDasha receives a limited license to process it and use it in anonymized and aggregated form solely for the purpose of improving detection algorithms.
• Pass: Passwords and vault data belong exclusively to the user. EkamDasha cannot access them and claims no rights over them.
• EK: The content of conversations belongs to the user. EkamDasha will not claim rights over such content nor use it in an identifiable manner for purposes other than providing the service.

7. Data Subject Rights

EkamDasha guarantees the exercise of the following rights, in accordance with Law 25.326 and the GDPR as applicable:

To exercise any of these rights, the user must send a request to info@ekamdasha.com providing proper identification. EkamDasha will respond within a maximum period of 30 business days (Law 25.326) or one month (GDPR Art. 12.3), extendable by an additional two months when justified by the complexity or number of requests, notifying the user of the extension within the first month. If the request is considered unfounded or excessive, EkamDasha may charge a reasonable fee or refuse to act, providing reasons for its decision.

Users in Argentina may file complaints with the Agency for Access to Public Information (AAIP): www.argentina.gob.ar/aaip. Users in the EEA have the right to file complaints with the competent supervisory authority of their country of residence.

8. Availability, Security and Breach Notification

8.1 Service Level

While EkamDasha strives to maintain high availability, the Services are provided without warranty of uninterrupted or error-free operation. EkamDasha does not assume service level agreements (SLAs) unless expressly agreed in writing.

8.2 Security Measures

EkamDasha implements technical and organizational security measures appropriate to the risk, including: encryption in transit (TLS 1.2+), encryption at rest, API authentication, audit logs, periodic security audits, and data centers certified ISO/IEC 27001:2022, BSI C5 Type 2, and PCI DSS 4.0 for data storage and processing.

8.3 Security Breach Notification

In the event of a security breach affecting personal data, EkamDasha will act according to the following protocol:

• Notification to supervisory authority: EkamDasha will notify the AAIP (and, where applicable, the competent EEA supervisory authority) within a maximum of 72 hours from becoming aware of the breach, unless it is unlikely to pose a risk to the rights and freedoms of affected individuals (GDPR Art. 33 / Law 25.326 Art. 43bis).
• Notification to affected users: If the breach poses a high risk to users' rights and freedoms, EkamDasha will notify them without undue delay, describing the nature of the breach, the data affected, and the measures taken (GDPR Art. 34).
• Particularity of Pass: Due to the zero-knowledge architecture, a breach of EkamDasha's servers only exposes encrypted data that EkamDasha cannot decrypt. Nonetheless, affected users will be notified in accordance with applicable regulations.

9. Termination and Suspension

9.1 Termination by EkamDasha

EkamDasha may suspend or terminate access to the Services with immediate effect and without prior notice in the event of:

• Breach of these Terms;
• Abusive, fraudulent, or illegal use;
• Non-payment;
• Actions that may cause harm to EkamDasha, other users, or third parties.

In the event of termination for reasons attributable to the user, no refund shall be given.

9.2 Termination by the User

Users may cancel their account at any time from their account settings. Cancellation will take effect at the end of the current billing period.

9.3 Effects of Termination

• Shield: API access will be revoked immediately.
• Pass: The user will have 30 calendar days to export their data before the encrypted vault is permanently deleted.
• EK: Authenticated conversation history will be deleted in accordance with the account closure process.

9.4 Deletion of Personal Data

After account closure, EkamDasha will delete the user's personal data in accordance with the periods established in the Privacy Policy, unless retention is required by a legal obligation (e.g., tax records, fraud prevention) or a legitimate legal basis. EkamDasha will inform the user of the data that must be retained and the duration of such retention.

10. Limitation of Liability

To the fullest extent permitted by applicable law, EkamDasha shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages of any nature.
• Loss of profits, data, business opportunities, or reputation.
• Unauthorized access to the user's account resulting from the user's failure to exercise due diligence in safeguarding their credentials.
• Irretrievable loss of Pass vault data due to forgetting or losing the master password.
• Service interruptions, data loss, or damages caused by force majeure (including third-party infrastructure failures, natural disasters, large-scale denial of service attacks).
• False positives or false negatives in Shield, Google Safe Browsing, or VirusTotal results.
• Incorrect, incomplete, or outdated responses from the EK Agent.
• Damages caused by the user's improper or illegal use of the Services.

Maximum Liability Limit

In any case, EkamDasha's total cumulative liability to the user for all claims arising from the use of the Services shall not exceed the total amount actually paid by the user during the twelve (12) months prior to the event giving rise to the claim. If no payment was made, the maximum limit shall be USD 50.

11. Indemnification

The user agrees to indemnify, defend, and hold harmless EkamDasha, its officers, employees, collaborators, and representatives from any claim, demand, damage, loss, cost, or expense (including attorney fees) arising out of or related to:

• The use or misuse of the Services;
• The violation of these Terms;
• The violation of third-party rights, including intellectual property or privacy rights;
• The breach of legal obligations applicable to the user as the data controller of their own end users' data.

12. Modifications to the Terms

EkamDasha may update these Terms at any time. Material modifications will be notified by:

• Posting on the website with an updated "Last Updated" date;
• Email notification to registered users with at least 30 days' notice for changes that expand obligations or restrict user rights.

Continued use of the Services after the new Terms take effect constitutes tacit acceptance. If the user does not accept the modifications, they must cancel their account before the effective date, and EkamDasha will issue a proportional refund if applicable.

Changes required to comply with legal or regulatory obligations may take effect immediately, notifying the user as soon as possible.

13. Integration of Third-Party Services

EkamDasha uses the following external service providers. The user acknowledges and accepts that certain data may be transferred to these providers in the course of providing the Services. For providers located outside the European Economic Area, EkamDasha ensures that adequate transfer mechanisms are in place, such as Standard Contractual Clauses or applicable adequacy decisions:

13.1 Google Safe Browsing API

Provider: Google LLC (United States). Use: Shield and the Pass extension verify URLs included in analyzed content or corresponding to the active site against the Safe Browsing database to detect phishing, malware, and deceptive sites. Data transferred: only the URL to verify, without user-identifying data. Policy: policies.google.com/privacy. Note: results are indicative; EkamDasha does not guarantee their accuracy.

13.2 VirusTotal API

Provider: VirusTotal (Google LLC / Alphabet Inc., United States). Use: Shield verifies URLs against the VirusTotal database, which aggregates results from over 70 analysis engines. Data transferred: only the URL to verify. Policy: support.virustotal.com/hc/privacy. False positive warning: VirusTotal may give low scores to new or little-known domains that are not malicious, especially if any of its engines conservatively flags them. EkamDasha does not control VirusTotal's classification criteria and shall not be liable for blocks based on such results.

13.3 Anthropic (Claude API)

Provider: Anthropic PBC (United States). Use: The EK Agent processes user queries through the Anthropic API. Data transferred: content of messages sent by the user. It is recommended not to include sensitive personal information in interactions. Anthropic acts as a data processor. Policy: anthropic.com/legal/privacy.

13.4 MercadoPago

Provider: MercadoPago S.R.L. (Argentina). Use: payment processing. Data transferred: user payment data, managed entirely by MercadoPago. EkamDasha does not store card data or bank account information. Policy: mercadopago.com.ar/privacidad. Any issues related to payments processed by MercadoPago must be addressed directly with that company.

13.5 Server Infrastructure

EkamDasha's servers are located in data centers in Germany, operated under ISO/IEC 27001:2022, BSI C5 Type 2, and PCI DSS 4.0 security standards. The provider acts as a data processor under agreements that comply with the GDPR.

14. Database Registration with AAIP

Pursuant to Article 21 of Law 25.326 on Personal Data Protection, all personal databases must be registered with the Agency for Access to Public Information (AAIP). EkamDasha is in the process of registering its databases. The databases being registered are:

• Registered users and customers database;
• EK Agent conversation database;
• Shield analysis database.

Until registration is completed, EkamDasha complies with all substantive obligations imposed by Law 25.326 regarding confidentiality, security, data quality, and data subject rights. Once registration numbers are obtained, they will be published on the website and in this document.

15. Applicable Law, Jurisdiction and Dispute Resolution

15.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of the Argentine Republic, including Law 24.240 on Consumer Protection, Law 25.326 on Personal Data Protection, and the Civil and Commercial Code of the Nation. For users located in the EEA, Argentine law shall apply without prejudice to the non-waivable rights recognized to such users by the GDPR.

15.2 Jurisdiction

The parties submit to the jurisdiction of the Ordinary Courts of the city of Río Colorado, Province of Río Negro, Argentine Republic, waiving any other jurisdiction that might correspond, except as provided by mandatory legal provisions to the contrary.

15.3 Out-of-Court Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt to resolve the dispute in good faith through direct negotiation for a period of 30 days from written notice of the dispute. If no agreement is reached within such period, either party may resort to the jurisdiction set forth in Clause 15.2. Final consumers in Argentina also have the option to resort to the mandatory pre-trial mediation system provided for in Law 24.573. The foregoing shall not prevent either party from seeking injunctive or emergency relief from the competent court when circumstances so require.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any specific agreement entered into with EkamDasha, constitute the entire agreement between the parties and supersede any prior agreements on the same subject matter.
• Severability: If any clause of these Terms is declared null, invalid, or unenforceable by a competent court, such clause shall be deemed severable from the remainder, which shall remain in full force and effect.
• No Waiver: The fact that EkamDasha does not exercise or delays the exercise of any right under these Terms shall not constitute a waiver thereof.
• Assignment: EkamDasha may assign these Terms or its rights and obligations arising therefrom to a third party in the event of a merger, acquisition, or sale of assets, providing at least 30 days' prior notice to the user. The user may not assign their rights or obligations without EkamDasha's prior written consent.
• Official Communications: All communications addressed to EkamDasha must be sent to legal@ekamdasha.com. Communications to the user will be sent to the email address registered with the account.
• Language: In the event of discrepancies between versions in different languages, the Spanish version shall prevail.

17. Contact Information and Data Controller Details

For any inquiries, exercise of rights, technical support, or legal matters related to these Terms:

• Data Controller: EkamDasha — Diego Sergio Mozzi
• Tax ID (CUIT): 20-32309122-7
• Email: legal@ekamdasha.com
• Data Protection Officer (DPO): Pending designation — interim contact: legal@ekamdasha.com
• Phone: +54 9 11 7631 5651
• Address: Río Colorado, Río Negro, Argentina