Terms of Service

1. Your agreement with MANKAIND

These Terms cover the MANKAIND website and, when accepted during account setup or incorporated into a written customer agreement, the MANKAIND platform (the “Service”). The platform is intended for professional organisations and their authorised users aged 18 or over. A person accepting for an organisation must have authority to bind it.

Your platform agreement is with the MANKAIND legal entity identified in your order form, subscription or evaluation agreement (the “Order Form”). The Order Form sets out the programme, features, users, term and commercial arrangements you are purchasing. Merely visiting the website or requesting a demo does not create a paid subscription or consent to optional marketing.

A separately agreed contract takes precedence over these Terms where it expressly addresses the same matter. The applicable data processing agreement (“DPA”) controls the processing of personal data on your behalf; mandatory transfer safeguards and applicable law prevail over conflicting contractual language. Our Data & privacy policy explains our data practices and does not replace a DPA.

2. The engineering workspace

MANKAIND connects engineering work, programme documentation and built-in electronic quality management (eQMS) in one workspace. Your team can work directly, collaborate with AI and delegate engineering tasks to AI agents. The programme record includes development documents, requirements, design decisions, specifications, risk analyses, verification evidence, versions, relationships and approval history.

Programme quality management covers controlled records, reviews, approvals, change control, audit history and agreed programme quality events. Company-wide processes such as training, supplier management, complaints and internal audits may remain in your organisation’s existing QMS. Features, integrations, responsibilities and rollout scope must be agreed for your programme; an example on the website does not expand that scope.

MANKAIND is designed to accelerate development. Actual results depend on the programme, available evidence, configuration and expert work. Illustrative workflows and demonstrations are not customer results, completed approvals or a guarantee of a particular time saving.

3. AI delegation and human authority

AI outputs may contain errors, omissions, unsupported references or inconsistent reasoning. Your organisation must assign competent reviewers, check the work and its source evidence, resolve open questions, and perform the testing and validation required before relying on it. Generating a document or marking a task complete does not establish that a physical system has passed a test or that a programme change has been approved.

Your organisation retains responsibility for engineering decisions, product safety, acceptance and regulatory submissions. The Service is not intended to autonomously operate devices, provide patient care or make clinical decisions. These responsibilities do not remove MANKAIND’s obligations for the Service, data protection or security.

4. Use in regulated development

Industry standards and jurisdiction references on our website describe the development contexts we address. They do not mean that MANKAIND, your product or your organisation holds a certification or regulatory approval. Using the Service does not by itself establish compliance with FDA requirements, EU MDR, aerospace rules or any other applicable framework.

Before relying on the workspace in a regulated process, your organisation must establish its intended use, applicable software assurance or validation, record retention, access controls and approval procedures. Determine which electronic-record and signature requirements apply; an approval record alone does not demonstrate that every such requirement has been met. We remain responsible for testing and maintaining the Service we provide. The validation evidence, release information and additional assurance support we are to supply must be specified in the customer agreement. Your organisation reviews that evidence against its intended use and reassesses affected workflows when material changes occur; supplier testing does not replace validation of your own configuration.

The Service supports your qualified engineering, quality and regulatory personnel. Its outputs are not legal, medical or regulatory advice, and we do not promise that a regulator, notified body or certification body will accept a document, product or submission.

5. Accounts and acceptable use

Provide accurate account information, protect credentials, assign appropriate user roles and remove access when it is no longer authorised. Your organisation is responsible for its users’ authorised activity and the instructions it gives the Service. Report suspected unauthorised access to info@mankaind.ai promptly.

You must not:

• Use the Service unlawfully, to infringe another party’s rights, or to develop products intended to cause harm to people.
• Bypass access or approval controls, impersonate a reviewer, or falsify evidence, signatures or audit records.
• Introduce malicious code, disrupt the Service, or access another customer’s information.
• Reverse-engineer the Service or extract proprietary software or models, except to the extent applicable law permits despite this restriction.

Do not upload patient-identifiable health data, other special-category personal data, classified information or export-controlled material unless we have first agreed the permitted data, appropriate deployment and required contractual safeguards in writing. Processing protected health information under HIPAA requires an applicable business associate agreement before that processing begins; these Terms are not that agreement.

6. Your content and intellectual property

As between you and MANKAIND, you retain your rights in the information, documents, engineering designs and other content you supply to or create in the Service (“Customer Content”). To the extent we hold transferable rights in outputs generated for you from your use of the Service, we assign those rights to you. Third-party rights remain with their owners. AI outputs may not be unique or eligible for intellectual-property protection.

You give us a limited right to host, reproduce, transmit and process Customer Content only to provide, secure and support the Service under your instructions, or as required by law. This is not a general licence to reuse your engineering content for other customers, marketing or model development. You must have the rights and lawful authority needed to provide the content and instructions.

MANKAIND and its licensors retain the software, models, templates and underlying platform technology. During the agreed term, your authorised users may use that technology within the contracted scope. It does not become your property merely because your programme documents are stored in it.

7. Programme storage and LLM processing

Programme records are stored in MANKAIND’s systems. This includes the documentation, versions and approval history needed to maintain the development record. Retention and deletion are addressed in Section 13 and the applicable DPA.

Zero retention applies to our LLM providers. When AI features process your requests and relevant programme context, our LLM providers do not retain the prompts and outputs they process. This does not mean that programme records or AI work saved in MANKAIND are automatically deleted.

No AI model training. We do not use Customer Content or usage metadata to train, fine-tune or improve AI models, including our own, or provide them to LLM providers for those purposes. We may use technical usage information to operate and improve the Service as described in the privacy policy, without using it for model training.

8. Privacy and security

We protect programme records with encryption in transit and at rest and role-based access control (RBAC) for viewing, editing and approving records. Your administrators configure the roles appropriate to your programme. “SOC 2 in progress” describes work in progress; it is not a claim of a completed SOC 2 examination or report.

Before we process personal data on your organisation’s behalf, the parties must agree an applicable DPA covering instructions, processing scope, confidentiality, security, subprocessors, assistance with rights requests, incidents, audits and return or deletion. Your organisation determines its lawful purposes and instructions. MANKAIND remains responsible for its own duties as a processor and for the subprocessors it appoints.

Hosting locations, subprocessors, international-transfer safeguards and the security measures for your deployment must be identified in the applicable processing documentation. Subprocessor changes follow the DPA’s notice and objection process. Contact us for this information before onboarding; these Terms do not promise storage in a particular country.

We will notify the customer without undue delay after becoming aware of a personal data breach affecting data we process on its behalf, provide available information and cooperate with the response as required by the DPA and law. No general warranty exclusion overrides these obligations. Website and customer-relationship processing is explained in our Data & privacy policy.

9. Confidentiality

Each party must protect the other’s non-public business, technical and commercial information with reasonable care and use it only to perform or exercise rights under the agreement. Customer Content is confidential. Disclosure is limited to people and service providers who need it for those purposes and are bound by appropriate confidentiality duties.

This does not cover information the receiving party can demonstrate was already lawfully known, became public without a breach, was independently developed or was lawfully received from another source. Legally required disclosure is permitted, with advance notice where lawful and practicable. Confidentiality continues after termination for as long as the information remains confidential, subject to applicable law.

10. Fees, evaluations and service commitments

Pricing is scoped per programme. Fees, taxes, billing periods, usage allowances, renewal and cancellation terms must be stated in your Order Form. An evaluation does not convert into a paid subscription unless you expressly agree to that arrangement. Refunds follow the Order Form, Section 12 and mandatory law; there is no blanket exclusion of those rights.

We will provide the contracted Service with reasonable care and skill. Availability targets, support response times, backup and recovery arrangements, and any service credits must be specified in the customer agreement. We do not promise uninterrupted or error-free operation.

Clearly identified evaluation or beta features may be incomplete and are supplied for their agreed evaluation purpose. Their limitations do not cancel our confidentiality, data-processing or security commitments. Apart from express commitments in the agreement and rights that cannot lawfully be excluded, we give no additional implied warranties.

Independently supplied tools you choose to connect may have their own contracts. You authorise the connections and data transfers you configure. That does not transfer our responsibility for MANKAIND or our own subprocessors to you.

11. Suspension and termination

Either party may end the agreement under the Order Form, or for a material breach that remains unresolved 30 days after written notice describing it. A breach that cannot be remedied may justify earlier termination as permitted by law.

We may restrict access where reasonably necessary to address an active security threat, unlawful use or a legal requirement. We will limit the restriction to what is necessary, give notice and an opportunity to resolve the issue where practicable, and restore access once the reason is resolved. Urgent protection may require action before notice.

Suspension does not by itself erase your records or cancel lawful export rights. If normal access cannot safely remain available, we will arrange a secure means of retrieval where legally permitted. Confidentiality, data-protection duties, accrued payment obligations and provisions intended to survive continue after termination.

12. Ending a paid service

If you terminate for our unremedied material breach, or we discontinue a paid Service during its committed term without your breach, we will refund prepaid fees for the unused portion. Other cancellations follow the agreed commercial terms, without limiting mandatory cancellation, switching or refund rights. We will not materially reduce the contracted core functionality during a paid term without agreement, except where necessary to address a legal or security requirement.

13. Export, switching and deletion

You may request export or discuss switching at info@mankaind.ai. Before contracting, the exit arrangements must identify exportable data and digital assets, formats, methods, assistance, any permitted charges and deletion schedules. The programme record includes your documents, attachments, versions, relationships, approval and audit history, and saved AI requests and outputs. Our proprietary software, model weights and other customers’ information are not transferred with your records. Mandatory rights to exportable data are not restricted by that exclusion.

Unless you request earlier deletion, we will provide at least 30 calendar days to retrieve your records after the service ends, or after the applicable switching transition where that is later. Longer agreed or legally required periods prevail. You are responsible for arranging the long-term archive your programme requires after the Service ends.

Where the EU Data Act’s switching rules apply, you may move to another provider or your own infrastructure, or request erasure. Notice to initiate switching will not exceed two months; the transition is normally at most 30 calendar days, followed by at least 30 days for retrieval. We will provide reasonable assistance, maintain security and exercise due care for continuity during the transition. Any technical extension must satisfy the Act’s notice, justification and time limits, and your statutory right to extend the transition is preserved. Switching charges must stay within lawful limits; no such charges apply from 12 January 2027. These Terms do not waive those rights.

At the end of the applicable retrieval period and successful switching, or on your lawful deletion instruction, we will erase the exportable Customer Content as required by law and the DPA. Any agreed later erasure date, backup expiry or legal retention must be documented and consistent with those requirements. Retained copies remain protected, restricted to the permitted purpose and deleted when that purpose ends. We will not silently delete records during a valid transition or retrieval period. Personal data is returned or deleted according to your documented choice and applicable law.

14. Liability

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited. These Terms do not restrict individuals’ statutory data-protection rights or the powers of a regulator.

Subject to those exceptions and any different allocation expressly agreed in your customer contract, each party’s aggregate liability arising from the Service is limited to the fees paid or payable for the affected Service during the 12 months before the event giving rise to the claim. Neither party is liable for indirect or consequential losses to the extent that exclusion is permitted by applicable law. Amounts properly payable for the Service remain due.

Your responsibility to review engineering work is not a waiver of claims arising from our own breach. These Terms do not require you to indemnify MANKAIND simply because you use the platform for a regulated programme or make a regulatory submission.

15. Governing law and disputes

Unless a different law and forum are expressly agreed in your Order Form, these Terms are governed by Spanish law, and disputes are heard by the competent courts determined under applicable jurisdiction rules. Contact info@mankaind.ai so we can first try to resolve a dispute in good faith. This does not prevent urgent relief or require a party to miss a legal deadline. Mandatory protections and jurisdiction rules remain applicable; these Terms do not impose arbitration on website visitors.

16. Changes and general provisions

We will identify revisions by their update date and give at least 30 days’ notice of material platform-term changes, unless a legal or urgent security requirement requires shorter notice. Such changes apply at renewal unless you agree otherwise or mandatory law requires an earlier change. Updating this webpage does not retroactively amend a signed customer agreement or waive an existing claim.

These Terms and the applicable customer agreements form the agreement for the Service. If a provision is unenforceable, the remaining provisions continue to the extent permitted by law. A failure to enforce a provision is not a waiver. Any transfer of the agreement must respect its confidentiality, data-protection and service obligations and applicable law. Notices must be sent to the contacts designated in the Order Form; general questions may be sent to info@mankaind.ai.