This document is published in English only, and the English text is the binding one. We do not translate it because a machine-translated contract can promise something we did not agree to. If any part of it is unclear, write to support@esan.ai and we will explain it in your language.

Terms of Service

Last updated: October 19, 2026

These Terms of Service ("Terms") form a legally binding agreement between you (the "User", "you") and Unanue Guinea Capital S.L., a private limited company (sociedad limitada) under the laws of Spain, with tax identification number (NIF) B05735113 and registered office at Pagola Kalea 5, 20018 Donostia – San Sebastián, Gipuzkoa, Spain, which operates Esan ("Esan", "we", "us"). They govern your access to and use of the Esan website at esan.ai and the Esan AI agent product (together, the "Service").

By creating an account, signing in, or otherwise using the Service, you confirm that you have read, understood and accept these Terms. If you do not accept them, do not use the Service.

1. Description of the Service

Esan is an AI agent that, on your instruction, performs tasks such as searching the web, reading files you upload, executing code in isolated sandbox environments, and connecting to third-party services (Gmail, Google Drive, Google Calendar, GitHub, Slack, Notion and others) when you authorise such connection via OAuth. The Service is based on large language models hosted by third-party providers (see the sub-processor list referenced in our Privacy Policy).

The Service is provided as software-as-a-service. You access it via a web browser; we manage updates centrally and may modify features at any time consistent with Section 11.

Esan also offers an optional Wallet feature that lets you and, on your instruction, the agent send and receive money to and from other Esan users, with all money movement processed by a regulated payment provider. Using the Wallet is entirely optional; specific terms governing it are set out in Section 16.

2. Eligibility and account

You must be at least 18 years old to create an account and use the Service. The Service includes paid plans and a Wallet that moves money (Section 16), and it is not intended for minors. We ask for your date of birth when you create your account and do not let anyone under 18 continue. By signing up you represent that you meet this age requirement and that the information you provide is accurate.

You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at support@esan.ai if you suspect unauthorised access.

We may decline to provide the Service, or suspend an account, if we believe a user is in material breach of these Terms or applicable law, in accordance with Section 9.

3. Acceptable use

You agree not to use the Service to:

• Violate any applicable law or third-party right.
• Generate or distribute content that is unlawful (including child sexual abuse material, terrorist content, or content that infringes intellectual property), defamatory, harassing, or that incites violence.
• Attempt to bypass any safety, security or access controls, including the filters and confirmation gates built into the Service.
• Reverse-engineer, decompile or otherwise attempt to derive the source code, models or weights of the Service or its underlying providers, except to the extent expressly permitted by applicable law (e.g. Art. 100ter of the Spanish Intellectual Property Law for interoperability).
• Use the Service to develop a competing AI agent product, or to scrape or extract Esan's outputs in bulk for the purpose of training another AI system.
• Send requests at a volume that disrupts or attempts to disrupt the Service or its infrastructure.
• Engage in any AI practice prohibited by Art. 5 of the EU AI Act, including subliminal manipulation, exploitation of vulnerabilities, social scoring or untargeted scraping of biometric data.
• Identify or recognise a person from their face or other biometric data without the explicit consent of that person, or build or add to a collection of such data about people who have not given it — including through connectors you add yourself.

4. Your content

You retain all rights in the messages, files and other material you submit to the Service ("User Content"). You grant us a limited, non-exclusive, royalty-free licence to process User Content solely as necessary to operate the Service for your benefit (e.g. forwarding it to LLM providers for inference, storing it in your chat history, generating outputs you request).

You represent that you have all rights necessary to upload or submit User Content to the Service. You are solely responsible for ensuring that User Content does not infringe third-party rights or applicable law.

5. AI-generated outputs

Outputs generated by Esan in response to your prompts ("Outputs") are made available to you. Subject to your compliance with these Terms and the rights of third parties, you may use Outputs for any lawful purpose. We do not claim ownership of Outputs you receive.

Outputs are produced probabilistically and may be inaccurate, incomplete, biased or out of date. Outputs do not constitute professional advice (legal, medical, financial, tax, engineering or otherwise). You are responsible for independently verifying any Output before relying on it.

Different users may receive identical or substantially similar Outputs in response to similar prompts. You may not rely on the uniqueness of any Output and you may not represent Outputs as having been created by a human if they were not.

Outputs may be subject to third-party rights (e.g. trademark, copyright). You are responsible for assessing whether the use of an Output infringes such rights.

6. Third-party connectors

The Service can connect to third-party services (Gmail, Google Drive, Google Calendar, GitHub, Slack, Notion and others) that you authorise. When you authorise a connection, you grant us the OAuth permissions necessary to perform the actions you request. We process the data we receive from these third parties in accordance with our Privacy Policy and the providers' own terms.

Third-party services are governed by their own terms; we are not responsible for the availability, accuracy or security of third-party services. You may revoke our access at any time from your provider's account settings or from the Esan Connectors page (Settings → Connectors → Disconnect).

7. Subscriptions, billing and refunds

The Service may be offered free of charge with usage limits and as paid subscription plans. Plan features, pricing and usage limits are described on the Pricing page and may be updated; existing subscriptions continue under their original terms until renewal.

Paid plans renew automatically at the end of each billing cycle until cancelled. You can cancel at any time from the Settings page; cancellation takes effect at the end of the current cycle.

Consumers in the European Economic Area have the right to withdraw from a contract within 14 days under Art. 102 of the Spanish TRLGDCU. By starting to use a paid plan immediately after subscribing, you expressly request the immediate provision of digital services and acknowledge that your right of withdrawal is lost once execution has begun, in accordance with Art. 103(m) TRLGDCU.

We do not provide refunds for partially used billing cycles except where required by applicable law.

8. Intellectual property

The Service, including its software, design, brand and documentation, is owned by Esan or its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose subject to these Terms.

"Esan" and the Esan logo are our trademarks. You may not use them without our prior written consent.

9. Suspension and termination

You may close your account at any time from the Settings page; deletion takes effect immediately for the active row, with backup purge within 30 days as described in our Privacy Policy.

We may suspend or terminate your account, with notice where practicable, if you materially breach these Terms, if your use threatens the security or integrity of the Service or other users, or if we are required to do so by law. Where the breach is curable we will give you a reasonable opportunity to cure it before terminating.

10. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or that Outputs will meet your specific requirements. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (including, for consumers, the warranties on conformity of digital services under Art. 115ter TRLGDCU).

11. Limitation of liability

To the maximum extent permitted by law, Esan's total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence) or otherwise, shall not exceed the greater of: (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred euros (€100).

Neither party shall be liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue, data or goodwill. This limitation does not apply to: (i) liability for fraud, gross negligence or wilful misconduct; (ii) personal injury or death; (iii) any other liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify and hold Esan, its officers, employees and agents harmless from any third-party claim arising out of (a) your User Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party right. We will notify you promptly of any such claim and cooperate reasonably with your defence.

13. Modifications to the Service and these Terms

We may modify the Service and these Terms from time to time. Material changes to the Terms will be communicated via email and an in-product notice at least 14 days before they take effect, except where a change is required by law or for urgent security reasons (in which case we will notify you as soon as possible). Your continued use of the Service after the change becomes effective constitutes acceptance of the modified Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of Spain, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers domiciled in the European Economic Area, nothing in this Section deprives you of the protection afforded by the mandatory provisions of the law of your country of habitual residence (Art. 6 Reg. (EC) 593/2008, Rome I).

Subject to the above, any dispute arising under these Terms will be submitted to the exclusive jurisdiction of the courts of Donostia – San Sebastián, Spain. Consumers may alternatively bring proceedings before the courts of their country of residence. Consumers may also use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. Notices

Notices to us must be sent to support@esan.ai with copy to the postal address above. Notices to you will be delivered to the email associated with your account.

16. Wallet, transfers and agent-initiated payments

Esan offers an optional Wallet feature that lets you and, on your instruction, the Esan agent send and receive money to and from other Esan users by @handle. All money movement is processed by Stripe Payments Europe Ltd ("Stripe"), an Irish-licensed payment institution and electronic money institution that custodies the funds, settles them and pays them out to your linked bank account. Esan is the platform — we present the flow, set the fee schedule, route the instructions and reconcile state — but we do not custody any funds at any time. Using the Wallet is entirely optional and the rest of the Service functions without it. The terms in this Section apply in addition to the rest of these Terms whenever you enable or use the Wallet.

16.1 Stripe Connect — your relationship with Stripe

When you first onboard to receive payments, Stripe opens an Express Connected Account in your name through which Stripe holds, settles and pays out funds belonging to you. By completing the Stripe-hosted onboarding flow you accept Stripe's Connected Account Agreement and Services Agreement (available at stripe.com/connect-account/legal) in addition to these Terms. Esan is not a party to your contract with Stripe; we have no access to your bank-account number, the identity-verification documents you upload to Stripe, or your Stripe balance details beyond the high-level flags Stripe reports back to us (whether your account is enabled to receive funds, your default settlement currency and the country of onboarding).

16.2 How a send works

A send is a single payment operation: Stripe charges the sender's saved card and, in the same operation, credits the amount you specified to the recipient's Stripe-held balance. The recipient's balance is then paid out to their linked bank account on the schedule configured with Stripe for that account. Settlement of the card charge is generally immediate; bank payouts to a SEPA account typically arrive within 1 to 3 business days, with a holding period of up to 7 calendar days applied by Stripe to a first-ever payout for fraud-prevention reasons.

16.3 Fees and currency conversion

The Wallet uses a sender-pays fee model. Before you confirm a send, the user interface shows the total your card will be charged, the amount the recipient will receive in their currency, the Stripe processing fee being deducted and, where applicable, the currency conversion adjustment. The fee components, in line with Stripe's published rates for a Spain-based platform on the date these Terms take effect, are:

• Cards issued in the European Economic Area, consumer Visa or Mastercard: 1.5% + €0.25 per send.
• Cards issued in the EEA where the issuing scheme is American Express, or the card is a corporate or commercial card: 1.9% + €0.25 per send.
• Cards issued outside the EEA (including the United Kingdom): 3.25% + €0.25 per send.
• Where the send requires a currency conversion, Stripe applies an additional 2% currency- conversion charge on top of the above. The indicative FX rate shown to you prior to confirmation is based on a reference feed; the actual rate Stripe applies at settlement governs and may differ by 1–2%.

These fees are deducted by Stripe at settlement and represent Stripe's processing cost. Esan does not earn a margin on transfers themselves; if Stripe later changes its published rates we will update these Terms and the in-product disclosure with the new figures. Separate platform charges that may apply to recipients (for example a monthly Stripe Connect Express active-account fee that Esan bears, or any Esan subscription fee unrelated to a particular send) are disclosed separately when applicable. Fixed Stripe processing fees retained at settlement are not refunded when a send is voluntarily returned by the recipient.

16.4 Agent-initiated payments and your authorisation

You may instruct the Esan agent to make payments from your Wallet on your behalf, including by attaching a document (for example an invoice) and asking the agent to act on it. The agent reads the document, prepares the proposed payment and presents it to you for confirmation before any money moves. Payments only execute when you have explicitly confirmed them in the chat interface; an instruction that cannot be confirmed is not executed. Future releases of the Service may introduce a pre-authorised written mandate flow that allows the agent to spend within limits you set in advance; that feature, when made available, will be governed by separate Mandate Terms presented to you at the time of enrolment, and is not in scope of this Section as of the date these Terms take effect. You remain solely responsible for every instruction you give the agent and for any payment you confirm. The agent is an AI system whose outputs are probabilistic (see Section 5) and may misinterpret an instruction; you are required to review the proposed payment before confirming.

16.5 Refunds, returns and chargebacks

A send is final from your end once your card has been charged and the transfer routed to the recipient's Stripe balance. If you wish to recover an amount sent in error, you must contact the recipient directly and request a voluntary return; the recipient can initiate a return through the Service that credits the principal back to your card. Card-based chargeback rights toward your issuing bank are not affected by this Section; if you initiate a chargeback, Stripe will reverse the transfer and, where the recipient's balance is insufficient, debit it from the recipient's Stripe account or from Esan's platform account in accordance with Stripe's rules. As stated in Section 16.3, fixed processing fees retained by Stripe are not refunded.

16.6 Limits, sanctions and lawful use

You may use the Wallet only with funds that are lawfully yours and only for lawful purposes. You represent that you are not located in, or a resident of, a jurisdiction subject to comprehensive sanctions, and that you are not a person with whom dealing is prohibited under European Union, Spanish, United States or United Nations sanctions programmes. You must not use the Wallet for money laundering, terrorist financing, fraud or any other unlawful activity. We may suspend or restrict Wallet functionality where required to comply with applicable law or to address a credible risk of unlawful use, in accordance with Section 9. Per-transfer caps and other risk-based limits applied by Stripe and by Esan are shown in the user interface and may change without prior notice for fraud-prevention or compliance reasons.

16.7 Esan is not a payment institution

Esan does not hold a payment institution, electronic money institution or crypto-asset service provider authorisation. We do not custody your money, do not hold a claim of monetary value against ourselves and do not issue electronic money. Stripe Payments Europe Ltd is the regulated provider responsible for the payment-services elements of the Wallet, authorised by the Central Bank of Ireland and passported across the European Economic Area, including the safeguarding of customer funds under Article 10 of the revised Payment Services Directive (PSD2). Esan provides the software interface that initiates payment requests on your behalf to Stripe and presents the resulting state to you.

16.8 Third-party services and liability

Stripe and any third-party services on which the Wallet relies are independent providers. To the maximum extent permitted by law, and without prejudice to Section 11 and any mandatory consumer-protection rights that cannot be limited, Esan is not liable for losses arising from the act, omission, failure, unavailability or insolvency of any such third party, nor from your own payment instructions. Nothing in this Section limits any liability that cannot be limited under applicable law.

17. Esan Mail

Esan offers an optional Esan Mail feature: your own email address at esan.email and a mailbox inside the Service, where the agent can help you with your mail. The terms in this Section apply in addition to the rest of these Terms whenever Esan Mail is enabled for your account. How we handle the personal data involved is described in Section 2.8 of our Privacy Policy.

17.1 Your address

• Your mailbox starts with a random address. You may change it (the first time whenever you like, then once every 30 days, up to five addresses in all), and we may refuse an address that could be mistaken for the inbox of Esan or of another company or public body. Every address you have held stays yours for as long as your account exists: mail sent to it still reaches you, and it is never given to anyone else. When your account is deleted, all of them are retired and never given to anyone else.
• The mailbox has a storage quota (currently 1 GB) and sending limits (currently 50 messages a day, 10 a day during the address's first week, and 10 recipients per message; attachments up to 10 files and 25 MB per message). We may change these limits to protect the Service and will show the current ones in the product.

17.2 You are the sender

The agent never sends mail on its own. When it prepares a message for you, it saves a draft that you can read, change or discard; a message leaves only when you press Send. Every message sent from your address, including one the agent drafted, is sent by you, and you are responsible for its content, its recipients and its lawfulness. Review what the agent drafts before you send it (Section 5). Mail the agent drafted carries a machine-readable indicator that it was generated with AI (Art. 50(2) of the EU AI Act); where the law requires you to tell recipients that a message was generated with AI, doing so is your responsibility.

17.3 Acceptable use of Esan Mail

In addition to Section 3, you agree not to use Esan Mail to:

• Send unsolicited commercial communications. Under Article 21 of the Spanish Law 34/2002 on Information Society Services (LSSI) and Article 13 of the ePrivacy Directive, commercial email may only be sent to recipients who requested or expressly consented to it, or within an existing customer relationship as that law allows.
• Send bulk mail, newsletters or marketing campaigns, or mail to purchased, rented or harvested address lists.
• Impersonate anyone, send phishing or malware, or mislead recipients about who you are or on whose behalf you act.
• Harass anyone, or send content that is unlawful under Section 3.

To protect recipients and the deliverability of every user's mail, we automatically stop sending to addresses that bounce permanently or whose owners report your mail as spam, and we may pause or suspend your sending — telling you why — if your mail causes an unusual rate of bounces or complaints, or appears to breach this Section. Attachment types that email providers treat as executable cannot be sent.

17.4 Mail you receive

Anyone can write to your address. We scan incoming mail for spam and viruses and show you whether the sender's domain vouches for each message, but no filter is perfect, and Esan is not responsible for what others send you. The agent treats the content of your mail as information, never as instructions to follow; be cautious with requests in messages from senders you do not know.

17.5 Confidentiality

We treat your mail as confidential communications. It is processed automatically only to receive, store and deliver it, to protect you and the Service, and when you ask the agent to work with it. Nobody at Esan reads it unless you ask us to, it is necessary to investigate a specific security incident or abuse, or the law requires it.

17.6 Data processing terms (Art. 28 GDPR)

Where you use Esan Mail for your business or profession, you are the controller of the personal data in your correspondence and Esan processes it on your behalf as a processor. This Section 17.6 is the agreement required by Article 28 of the GDPR:

• Subject matter and duration. Receiving, storing, sending and processing your correspondence for as long as Esan Mail is enabled for your account.
• Nature and purpose. Delivery, storage, spam and virus scanning, search, and processing by the agent on your instructions.
• Data and data subjects. Names, addresses and the content and attachments of the correspondence, concerning your correspondents and anyone named in it.
• Instructions. Esan processes the data only on your documented instructions — these Terms and your use of the Service — unless Union or Member State law requires otherwise, in which case we will tell you before processing unless that law prohibits it.
• Confidentiality. Anyone at Esan authorised to process the data is bound by confidentiality.
• Security. We apply the measures required by Article 32 GDPR, including encryption in transit and at rest, access control and audit logging; see /trust.
• Sub-processors. You give general authorisation to the sub-processors listed at /legal/subprocessors. We will tell you at least 14 days before adding or replacing one; if you object and we cannot accommodate the objection, you may stop using Esan Mail or close your account.
• Assistance. We will help you, taking into account the nature of the processing, to answer requests from data subjects and to meet your obligations under Articles 32 to 36 GDPR.
• Personal data breaches. We will notify you without undue delay after becoming aware of a breach affecting your correspondence.
• Deletion. When you delete messages, we delete them from our primary systems at once and from backups within 30 days. When you delete your account, it is closed at once and its data is deleted from our primary systems 30 days later — or at once, if you ask — and from backups within 30 days after that. In both cases, unless the law requires us to keep it.
• Information and audits. We make available the information necessary to demonstrate compliance with this Section and allow audits by you or an auditor you mandate, on reasonable notice, at your cost, and no more than once a year except after a breach.

18. Miscellaneous

• Entire agreement. These Terms together with our Privacy Policy constitute the entire agreement between you and Esan regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be replaced by an enforceable one that most closely reflects the original intent.
• Assignment. You may not assign these Terms. We may assign them to an affiliate or successor in connection with a merger, acquisition or sale of assets, subject to applicable consumer-protection law.
• No waiver. Failure to enforce any right is not a waiver of that right.
• Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
• Language. These Terms are provided in English. A Spanish translation may be made available; in case of conflict, the English version prevails for interpretation, except where Spanish law mandates the Spanish version for consumers.

19. Contact

Unanue Guinea Capital S.L.
NIF: B05735113
Pagola Kalea 5, 20018 Donostia – San Sebastián, Gipuzkoa, Spain
Email: support@esan.ai