These Terms of Service (the "Terms") form a binding agreement between you ("you" or "User") and Damian Diaz, with address at Carabelos 28 (the "Provider", "we", "us", or "PayShield"), regarding your use of the website payshield.app and any associated software, free tools, and paid subscriptions (together, the "Service").
By creating an account, generating a document with one of our free tools, joining the waitlist, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.
1. The Service
PayShield is a software-as-a-service platform that helps independent freelancers run their business. Features include, without limitation:
- Public freelancer profiles and case studies
- Invoicing, contracts, proposals, projects, time tracking, and milestones
- Client portals (token-based, no client account required)
- A late-payment escalation engine, including AI-assisted demand letters
- Free public tools (demand-letter generator, late-fee calculator)
We may add, remove, or modify features at any time. Material changes that reduce functionality on a paid plan will be communicated reasonably in advance.
2. Eligibility and accounts
To use the authenticated parts of the Service you must (i) be at least 18 years old, (ii) have legal capacity to enter into a binding contract under your local law, and (iii) provide accurate registration information and keep it up to date.
You are responsible for safeguarding your credentials and for any activity carried out through your account. Notify us at contact@payshield.app as soon as you suspect unauthorised access.
The free tools (e.g., the demand-letter generator) can be used without an account, subject to these Terms.
3. Plans, fees, and billing
The Service is offered on a Free plan and a Pro plan. Current pricing is published at /pricing and may change with reasonable notice.
- Free plan: $0/month. Limits and features are described on /pricing.
- Pro plan: $19/month or $190/year, billed in advance through our payment processor. Subscriptions renew automatically until cancelled.
- Cancellation: you may cancel at any time; the cancellation takes effect at the end of the current billing period. Already-paid amounts are non-refundable except where required by law.
- Right of withdrawal (EU consumers): the Pro plan is a digital service that begins immediately on your express request. You expressly acknowledge that, in line with Article 103.m of the Spanish General Law for the Defence of Consumers and Users (TRLGDCU), you lose the right of withdrawal once full execution of the service has begun, provided you gave prior consent and acknowledgement of that loss.
Payments are processed by Stripe. Your card details are handled by Stripe under its own terms; we do not store full card numbers on our systems.
<!-- REVIEW: TRLGDCU Art. 103.m wording. Confirm that the consent + acknowledgement of loss-of-withdrawal is captured in the checkout UI (a checkbox or equivalent) before this clause is enforceable. -->4. Acceptable use
You agree not to:
- use the Service for any unlawful purpose, or to infringe a third party's rights;
- upload malware, attempt to bypass security or rate limits, or scrape the Service in ways that interfere with normal operation;
- impersonate another person or send communications that are misleading as to their origin;
- use the Service to send unsolicited commercial communications in breach of LSSI-CE or applicable anti-spam law;
- use the demand-letter or escalation features to threaten, harass, or defame any person;
- resell, sublicense, or expose the Service as a competing product without our prior written consent.
We may suspend or terminate your access for breach of this section, with notice where reasonably possible.
5. Your content and freelancer-client relationships
You retain ownership of the content you upload, generate, or create through the Service ("User Content"), including invoices, contracts, proposals, profile data, case studies, and the documents produced by the AI-assisted features.
You grant the Provider a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, format, and process your User Content solely to operate, maintain, and improve the Service for you. We do not sell your User Content and we do not use it to train third-party AI models.
Where the Service involves your end clients (e.g., client portals, signed contracts, invoices, demand letters), you are the controller of any personal data of those end clients, and we act as processor on your behalf for that data. The data-processing terms in our Privacy Policy form an integral part of these Terms for that purpose.
6. AI-generated documents — important
Some features of the Service generate text using artificial intelligence, including the demand-letter generator, AI contract summaries, and AI-assisted proposals.
You acknowledge and agree that:
- The output is not legal advice. PayShield is a software provider, not a law firm or abogado. No attorney-client or lawyer-client relationship is created by your use of the Service.
- You must review every AI-generated document before using it. AI output may be inaccurate, outdated, or unsuitable for your specific situation, jurisdiction, or counterparty. You are solely responsible for the legal and factual accuracy of any document you send.
- Sending is your decision. When you transmit an AI-generated document (e.g., a demand letter) to a third party, you do so on your own behalf and under your own name. The Provider is not a party to that communication.
- Indemnity. You will defend, indemnify, and hold the Provider harmless from any claim by a third party arising out of an AI-generated document that you sent, including claims of defamation, harassment, breach of contract, or unfair commercial practice.
If your matter involves significant amounts, threatened litigation, or jurisdictions you are not familiar with, consult a qualified lawyer before relying on AI output.
<!-- REVIEW: Validate the "indemnity" wording against Spanish Civil Code rules on indemnity clauses; under Spanish law a pure indemnity clause may be reframed as a *cláusula de mantenimiento indemne* with concrete scope. -->7. Third-party integrations
The Service integrates with third-party providers, including Stripe (payments), Resend (email), Supabase (database and authentication), Vercel (hosting), PostHog (analytics), and OpenRouter (AI inference). Your use of those services is governed by their own terms. We are not responsible for outages, errors, or breaches that originate with a third-party provider, except to the extent required by Spanish law.
8. Intellectual property of the Service
The Service, including its software, design, brand, logos, and copy, is owned by the Provider or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. You may not copy, decompile, reverse-engineer, or create derivative works of the Service except as expressly permitted by mandatory law.
Templates, model clauses, and reference content provided through the Service are licensed for use in your own freelance business; they may not be repackaged as a competing product or sold to third parties.
9. Confidentiality and security
We apply reasonable technical and organisational measures to protect User Content. Details, including breach-notification commitments, are described in the Privacy Policy. You must use industry-standard security on your side (strong passwords, careful handling of email-forwarding addresses, etc.).
10. Beta and free features
Some features may be marked Beta, Preview, or Free. Those features are provided "as is" and may be modified or discontinued without notice. Service-level commitments do not apply to them.
11. Suspension and termination
You may stop using the Service at any time and delete your account from the dashboard or by contacting contact@payshield.app. We may suspend or terminate your access if (i) you breach these Terms, (ii) we are required to do so by law or by a third-party provider on which the Service depends, or (iii) your account has been inactive for an extended period and we have communicated our intention to deactivate it.
On termination, paid amounts already due remain payable; you may export your User Content for a reasonable period after termination as described in the dashboard.
12. Warranty disclaimer
To the maximum extent permitted by Spanish law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or fully secure.
This section does not exclude warranties that cannot be excluded under mandatory consumer-protection law applicable to the Service.
13. Limitation of liability
To the maximum extent permitted by Spanish law:
- the Provider's total aggregate liability arising out of or in connection with the Service is capped at the greater of (i) the amounts paid by you to the Provider in the twelve (12) months preceding the event giving rise to liability, or (ii) one hundred euros (€100);
- the Provider is not liable for indirect, consequential, special, incidental, or punitive damages, including lost profits, lost data, lost business opportunities, or reputational harm;
- the Provider is not liable for damages caused by AI-generated content sent by you to a third party (see Section 6).
Nothing in these Terms limits liability for damages caused by gross negligence or wilful misconduct, or any other liability that cannot be limited under Spanish law.
<!-- REVIEW: Spanish courts may set aside very low liability caps in B2C contexts as abusive (Art. 86 TRLGDCU). For paid B2C users, consider raising the cap or making it apply only to B2B users. -->14. Changes to these Terms
We may update these Terms to reflect changes in the Service or in applicable law. Material changes will be announced by email (for registered users) and on /legal/terms at least fifteen (15) days before they take effect. Continued use of the Service after the effective date means you accept the updated Terms; if you do not, you may stop using the Service and cancel any paid plan.
15. Force majeure
The Provider is not liable for failures caused by events outside its reasonable control, including outages of upstream providers (Vercel, Supabase, Stripe, OpenRouter, etc.), internet outages, government actions, strikes, or natural disasters.
16. Governing law and jurisdiction
These Terms are governed by Spanish law, without regard to its conflict-of-laws rules. Disputes shall be submitted to the courts of Madrid, Spain, except where mandatory consumer-protection rules grant competence to the courts of the consumer's domicile.
EU consumers may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
17. Miscellaneous
If any provision of these Terms is held unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or reorganisation. These Terms (together with the Privacy Policy, Cookie Policy, and Legal Notice) form the entire agreement between you and the Provider regarding the Service.
For questions about these Terms, contact contact@payshield.app.