Terms and Conditions

Our contact details are:

hello@workairs.co

Date of last modification: February 18, 2026

The following General Terms and Conditions (hereinafter, the "Terms") establish the legal framework governing the relationship between Agencia Rosa Creativa SL (operating commercially as "Workairs") and the party identified as the Client (hereinafter, the "Client") during the formal onboarding process.

Due to the bespoke, managed nature of our services, these Terms operate in conjunction with any Master Services Agreement (MSA), Statement of Work (SOW), or Data Processing Agreement (DPA) executed directly between Workairs and the Client. In the event of any direct conflict between these Terms and a fully executed MSA, the provisions of the MSA shall strictly prevail.

1. Company information

The services, software, and digital teammates (collectively, the "Services") provided under these Terms are operated and authorized by:

  • Company name: Agencia Rosa Creativa SL ("Workairs", "We", "Us")

  • CIF: B56359755

  • Registered office: Av. del Mediterraneo 2, Madrid (28007), Madrid, Spain

  • Email: hello@workairs.co

2. Binding terms and conditions of use

Workairs operates a managed Software as a Service (SaaS) business model. We configure, deploy, and maintain digital teammates (e.g., "Aidan") engineered to automate top-of-funnel sales, administrative workflows, and communications.

  • Managed deployment: Workairs is not a self-serve platform. All integrations, system access provisioning, and AI logic tuning are conducted by the Workairs team during a formal "Onboarding" and "Probation" phase.

  • Allocation of responsibility: Workairs is responsible for the operational processing and routing of the agreed-upon workflows. The Client remains solely responsible for the strategic direction, the underlying business data, and the ultimate commercial outcomes resulting from the Services.

3. Description of Workairs' services

Workairs operates a managed Software as a Service (SaaS) business model. We configure, deploy, and maintain digital teammates (e.g., "Aidan") engineered to automate top-of-funnel sales, administrative workflows, and communications.

  • Managed deployment: Workairs is not a self-serve platform. All integrations, system access provisioning, and AI logic tuning are conducted by the Workairs team during a formal "Onboarding" and "Probation" phase.

  • Allocation of responsibility: Workairs is responsible for the operational processing and routing of the agreed-upon workflows. The Client remains solely responsible for the strategic direction, the underlying business data, and the ultimate commercial outcomes resulting from the Services.

4. Onboarding, access, and security

Because Workairs provisions services manually directly into Client environments (such as CRM platforms, email clients, or corporate messaging apps), strict security protocols apply:

  • Credential provisioning: The Client must grant Workairs the minimum necessary permissions required to execute the Services.

  • Endpoint security: The Client is exclusively responsible for the security, administration, and monitoring of their internal accounts, communication channels, and endpoints. Workairs assumes no liability for unauthorized access, data breaches, or damages resulting from compromised credentials originating within the Client’s infrastructure.

5. Generative AI and third-party LLM disclaimer

Workairs utilizes advanced Generative Artificial Intelligence and Large Language Models (LLMs) provided by industry-leading third parties, explicitly including Google, Anthropic, and OpenAI.

By utilizing our Services, the Client expressly acknowledges and agrees to the following:

  • Probabilistic nature of AI: Artificial Intelligence models process information probabilistically. Workairs does not guarantee complete accuracy and explicitly disclaims liability for any conversational inaccuracies, contextual errors, or "hallucinations" generated by the underlying LLMs.

  • Third-party dependence: The functionality of the Services is contingent upon the availability and API stability of Google, Anthropic, OpenAI, and other foundational model providers. Workairs is not liable for service degradation, latency, or outages caused by these third-party entities.

  • Human-in-the-loop obligation: Our digital teammates are programmed to pause and escalate ambiguous, highly sensitive, or overly complex interactions. The Client holds the affirmative obligation to monitor these escalations and intervene appropriately.

6. License and intellectual property rights

Subject to strict compliance with these Terms and the timely payment of all fees stipulated in the corresponding MSA, Workairs grants the Client a non-exclusive, revocable, non-transferable, and limited right to utilize the digital teammate for the Client's internal business operations.

  • Workairs' IP: Workairs retains absolute, exclusive ownership of all intellectual property rights related to the platform, proprietary AI prompts, routing logic, backend architecture, and any system enhancements developed during the term of service.

  • Client data: Any proprietary data, prospect lists, or brand guidelines provided by the Client shall remain the exclusive property of the Client.

7. Acceptable use and compliance

The Client warrants that the Services will only be used for lawful purposes. The Client is strictly prohibited from:

  • Utilizing the Services to transmit unsolicited commercial communications (SPAM) in violation of applicable legislation (e.g., the GDPR, ePrivacy Directive, CAN-SPAM Act). The Client guarantees that any leads targeted by Aidan have been legally sourced.

  • Reverse-engineering, decompiling, or attempting to extract the source code or proprietary prompt engineering of the Workairs systems.

  • Utilizing the Services to process highly sensitive personal data (e.g., health data, financial data) unless explicitly agreed upon in a DPA.

  • Reselling, sublicensing, or white-labeling the Services to third parties without prior written consent from Workairs.

8. Fees and payment terms

Pricing, billing frequencies, and implementation costs are bespoke and shall be explicitly detailed in the executed MSA or SOW. Failure to remit payment within the agreed terms constitutes a material breach, granting Workairs the immediate right to suspend or terminate the digital teammate's active deployment until the account is settled in full.

9. Data protection and confidentiality

Both parties are legally bound to comply with the European General Data Protection Regulation (GDPR) and the Spanish LOPDGDD.

  • Processor and Controller roles: In executing core outreach and administrative services, Workairs operates strictly as a Data Processor acting upon the instructions of the Client, who serves as the Data Controller.

  • The specifics of this processing relationship, including liability caps for data processing and required security measures, are governed strictly by the Data Processing Agreement (DPA) appended to the Client's MSA.

10. Limitation of liability

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

  • Exclusion of indirect damages: Workairs shall under no circumstances be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, loss of revenue, loss of data, or reputational damage.

  • Liability cap: In all events, Workairs' maximum aggregate liability arising out of or related to these Terms, whether in contract, tort, or otherwise, shall be strictly limited to the total fees actually paid by the Client to Workairs during the six (6) months immediately preceding the event giving rise to the claim.

11. Indemnification

The Client agrees to indemnify, defend, and hold Workairs, its founders, employees, and affiliates harmless from and against any third-party claims, fines, liabilities, damages, or legal expenses (including reasonable attorneys' fees) arising directly or indirectly from: (i) The Client's violation of these Terms; (ii) The Client's violation of anti-spam, data protection, or marketing regulations; or (iii) Claims alleging that Client-provided data infringes upon the intellectual property or privacy rights of a third party.

12. Third-party integrations and APIs

Workairs can integrate with systems operated by third parties (e.g., Salesforce, Slack, Microsoft, HubSpot). Workairs assumes no responsibility or liability for the operation, privacy practices, or API modifications of these third-party services. Any disruption in Workairs' Services resulting from third-party API deprecations, rate limits, or Client-side administrative changes falls outside the scope of Workairs' liability.

13. Term, suspension, and termination

The duration of the service engagement is defined in the Client's MSA. However, Workairs reserves the immediate right to suspend or terminate access to the Services without prior notice or penalty if the Client commits a material breach of these Terms, engages in unlawful activities, or jeopardizes the security of the Workairs infrastructure.

14. Miscellaneous provisions

Force majeure: Neither party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to acts of God, internet infrastructure failures, third-party LLM outages, or governmental restrictions.

  • Severability: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

  • No waiver: The failure of Workairs to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.

15. Applicable law and jurisdiction

These Terms and the overall relationship between Workairs and the Client shall be governed by and construed in accordance with the common laws of Spain. For any disputes, controversies, or claims arising from the interpretation or execution of these Terms, both parties expressly waive any other jurisdiction and submit exclusively to the competence of the Courts and Tribunals of the city of Madrid, Spain.