Terms & Conditions for freelanceOS

1. Definitions

• Account means a Customer’s freelanceOS instance/workspace.
• Authorized Users means individuals you authorize to access the Account (e.g., you and your team).
• Customer Content means data, files, text, and other material you or your Users input into the Service.
• Service means the hosted software known as freelanceOS, including the website, APIs, and any related features, but excluding Third‑Party Services.
• Third‑Party Services means products and services not provided by TwinMinds which interoperate with the Service (e.g., Stripe, Supabase, Vercel, Google Analytics, Brevo).

2. Eligibility & Scope

2.1 Business use only. The Service is offered B2B only to freelancers/sole traders and businesses. It is not intended for consumers.

2.2 Minimum age. You must be at least 16 years old and have the legal capacity to enter into a contract under applicable law.

2.3 Jurisdictional use. You represent you are not subject to export controls or sanctions that would prohibit use of the Service.

3. Account & Administration

3.1 Registration. Accurate account information must be maintained.

3.2 Security. You are responsible for credentials, configuring access permissions, and for activities under your Account. Notify us promptly of suspected unauthorized use.

3.3 Customer Responsibilities. You are responsible for (i) Customer Content; (ii) Users’ compliance with these Terms; and (iii) obtaining any consents necessary to upload and process Customer Content in the Service.

4. The Service

4.1 Features. freelanceOS provides Contacts/CRM, email sending, invoicing/payments, scheduling, file storage, client portals, and an API.

4.2 Availability; SLA. We target commercially reasonable availability but no formal SLA is offered and no service credits apply. Scheduled or emergency maintenance may occur with reasonable notice when practicable.

4.3 Modifications. We may improve, update, or deprecate features with reasonable notice for material changes.

4.4 Third‑Party Services. Integrations or dependencies are provided by third parties. We are not responsible for Third‑Party Services or their terms.

5. Acceptable Use

You and your Users must not:

• (a) send spam or unsolicited communications;
• (b) upload malware or attempt to disrupt or impair the Service;
• (c) infringe intellectual property or privacy rights;
• (d) harass, threaten, or promote violence or hate;
• (e) use the Service for illegal activities, adult/sexual services, gambling, extremist content, or to process regulated/sensitive data (including health/PHI, full card PANs, government IDs, or children’s data);
• (f) scrape, bulk-harvest, or misuse APIs outside documented limits; or
• (g) attempt to bypass technical or usage limits.

We may suspend or terminate access for violations.

6. Email Sending & Anti‑Spam

6.1 Compliance. If you use email functionality, you must comply with GDPR/ePrivacy (EU/UK PECR), CAN‑SPAM (US), CASL (Canada) and any local anti-spam laws.

6.2 Sending provider. Outbound email is relayed via Brevo. We may require domain verification (SPF/DKIM) and may impose sending limits or rate-limits for abuse prevention.

6.3 Required content. You must provide clear sender identity and a functional unsubscribe mechanism on marketing emails.

6.4 Prohibited sending. Purchased lists and cold-spam are prohibited.

7. Sub‑Processors & Data Handling

7.1 Role. For Customer Content, you are the controller and we are the processor.

7.2 Hosting & sub-processors. The Service relies on Vercel (hosting), Supabase (database/storage/auth), Stripe (payments & tax), Google Analytics (analytics), and Brevo (email). The sub-processor list may change; we will provide notice of material changes where required.

7.3 DPA. A Data Processing Addendum with SCCs/UK Addendum is available and forms part of these Terms when executed or accepted in-app.

7.4 Security. We use TLS in transit and provider-level encryption at rest, and maintain reasonable technical and organizational measures appropriate to our size and risk profile.

7.5 Incidents. We will notify you without undue delay of a confirmed personal-data breach, targeting notice within 72 hours when feasible.

7.6 Data export & deletion. You may export contacts/records (e.g., CSV/JSON) from reporting features. Upon verified deletion request or Account closure, we will delete Customer Content within 30 days, subject to backups which are overwritten in the ordinary course (target ~30 days).

7.7 Analytics & cookies. We use Google Analytics and similar technologies for usage analytics. Details appear in our Privacy Policy.

8. Plans, Pricing & Taxes

8.1 Plans. We offer a Premium plan on a monthly basis.

8.2 Free trial. A 14-day trial is available. At the end of the trial, access is restricted until payment is set up.

8.3 Auto-renewal. Subscriptions auto-renew each billing cycle until canceled.

8.4 Proration & changes. Upgrades take effect immediately with pro-rata charges for the remainder of the period. Downgrades apply at the next renewal.

8.5 No overages. We do not bill usage overages, but may enforce reasonable technical limits or fair-use policies.

8.6 Fees non-refundable. Except where required by law, all fees are non-refundable.

8.7 Taxes. Prices exclude VAT/GST and similar taxes. Stripe calculates, displays, and collects applicable taxes. You are responsible for providing accurate tax information (e.g., VAT numbers).

French B2B payment terms (Code de commerce): If any invoice or manual payment is issued and becomes overdue, late-payment interest may accrue at three (3) times the French legal interest rate, plus a €40 fixed recovery indemnity (Article L441-10), without prejudice to additional recovery costs actually incurred.

9. Cancellation, Suspension & Termination

9.1 Cancellation. You may cancel at any time in the billing settings; access continues until the end of the current paid period.

9.2 Suspension. We may suspend the Service for non-payment, security risks, legal compliance, or material violation of these Terms.

9.3 Termination for cause. Either party may terminate for material breach not cured within 30 days of notice.

9.4 Post-termination data. After termination, Customer Content remains exportable for 30 days (if the Account is accessible); afterwards, deletion proceeds per Section 7.6.

10. Intellectual Property & Licenses

10.1 Ownership. TwinMinds owns the Service and all related IP. You own Customer Content.

10.2 Customer license to TwinMinds. You grant us a worldwide, limited, non-exclusive license to host, process, transmit, and display Customer Content solely to provide the Service and support.

10.3 Feedback. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use suggestions or feedback to improve the Service.

10.4 Brand & publicity. We may use your name and logo to identify you as a customer on our site and marketing materials, unless you opt out by notice to us.

11. Confidentiality

Each party may access the other’s non-public information. The receiving party shall protect such information with reasonable care and use it only as permitted under these Terms. This does not apply to information that is public, independently developed, or rightfully obtained from third parties without confidentiality obligations.

12. Warranties & Disclaimers

12.1 Mutual. Each party warrants it has the authority to enter into these Terms.

12.2 Service provided “as is.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You remain responsible for verifying outputs, configurations, and compliance with your legal obligations.

13. Limitation of Liability

13.1 Cap. Except for liability that cannot be limited by law, each party’s aggregate liability arising out of or related to the Service is limited to the fees paid by Customer to TwinMinds in the twelve (12) months preceding the event giving rise to liability.

13.2 Exclusions. Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, goodwill, or data, even if advised of the possibility and even if a remedy fails of its essential purpose.

14. Compliance & Export

You will comply with applicable laws and regulations, including data protection, anti-spam, anti-corruption, and export controls/sanctions. You represent that neither you nor your Authorized Users are located in or are the target of sanctions or prohibited jurisdictions.

15. Changes to the Terms & Pricing

We may update these Terms or pricing. Material changes will take effect no earlier than 30 days after notice (email or in-app). Continued use after the effective date constitutes acceptance. Urgent changes for legal/security reasons may take effect immediately.

16. Governing Law & Dispute Resolution

16.1 Governing law. These Terms are governed by the laws of France.

16.2 Venue. The parties submit to the exclusive jurisdiction of the courts of Paris, France, for any dispute not subject to mandatory arbitration or other mandatory venue rules.

16.3 Injunctive relief. Nothing prevents either party from seeking urgent injunctive or equitable relief in a competent court.

17. Miscellaneous

17.1 Assignment. You may not assign these Terms without our prior written consent, except to a successor in interest in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms.

17.2 Force majeure. Neither party is liable for failure or delay due to events beyond reasonable control.

17.3 Severability; waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

17.4 Entire agreement. These Terms (together with any Order, DPA, and policies referenced) constitute the entire agreement and supersede prior agreements regarding the Service.

17.5 Notices. We may provide notices via email to your registered address or in-app. You will send legal notices to legal@twinminds.studio.

17.6 Language. These Terms are in English and prevail over any translation; translations may be provided for convenience.

18. Contact

For questions about these Terms, contact TwinMinds Studio at legal@twinminds.studio.

Annex A – Data Processing Summary (high-level)

*This summary does not replace the full DPA.*

• Roles: Customer = controller; TwinMinds = processor.
• Subject matter: Processing Customer Content to provide the Service.
• Duration: Term of the Agreement plus deletion/backup periods.
• Nature & purpose: Hosting, storage, transmission, analytics for Service operation.
• Categories of data: Business contact data, CRM records, documents/files uploaded.
• Data subjects: Customer’s clients, leads, suppliers, and Authorized Users.
• Sub-processors (current): Vercel, Supabase, Stripe, Google Analytics, Brevo.
• Security measures: TLS in transit; provider at-rest encryption; access controls; monitoring; least-privilege; vulnerability patching cadence.
• Transfers: Standard Contractual Clauses/UK Addendum as applicable.
• Deletion: Within 30 days of verified request or Account closure, subject to backup cycle.

By using freelanceOS, you agree to these Terms.