Terms of Service

Welcome to AreaCacao. AreaCacao is a service developed and operated by Contenfo LLC, with registered office at 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States. These Terms of Service (hereinafter, the "Terms") govern access to and use of the AreaCacao service, accessible at areacacao.com, its subdomains and associated services, both those currently existing and those that may be incorporated in the future under the same root domain. By registering or using the service, you agree to be bound by these Terms. If you do not agree with any of them, we ask that you do not use the service.

1. Definitions

For the purposes of these Terms, the following concepts shall have the meaning indicated below:

• Contenfo LLC: Company that develops and operates the AreaCacao service, with registered office at 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States.
• AreaCacao: The SaaS (Software as a Service) service accessible at areacacao.com and its subdomains, including all its features, applications, APIs and associated services.
• User: Any natural or legal person who registers for and uses the service in any of its modalities.
• Account: Individual registration of the User in the service, with personal access credentials.
• User Content: All material entered by the User into the service, including, without limitation, recipes, custom ingredients, formulations, cost and price data, supplier information, inventory, orders, technical data sheets and uploaded files (photographs, PDFs, exports).
• Plan: Subscription tier contracted by the User (Starter, Pro or others that may be published), which determines the features and limits available.

2. Description of the service

AreaCacao is a service aimed at professional chocolatiers and chocolate workshops that makes it possible to formulate chocolates, technically validate their recipes, calculate costs and margins, manage inventory and orders, and generate professional documentation (technical data sheets, allergens).

The service includes, among others, the following features:

• Chocolate formulator: Formula design tool with support for different types of chocolate.
• Technical validation: Formula viability score with a traffic-light indicator by parameter (water, sugars, other fats, cocoa butter), and production risk alerts.
• Ingredient database: Catalog with more than 10,000 preloaded ingredients with technical data, and the possibility of adding custom ingredients.
• Cost and margin dashboard: Cost breakdown, margin and retail price simulator, multi-currency support.
• Automatic allergens: Calculation of the 14 allergens of EU Regulation 1169/2011 from the ingredients.
• PDF technical data sheets: Professional export in A4 format.
• AI cost assistant and extraction: Features based on artificial intelligence for importing recipes from photo/PDF and analyzing cost structures.
• Inventory and purchase orders: Stock and supplier order management.

3. Registration and account

In order to use the service it is necessary to create an account. By registering, you represent and warrant that:

• You are at least 18 years old or are acting on behalf of an organization with sufficient legal capacity to accept these Terms and enter into binding contracts.
• The information provided during registration is truthful, complete and up to date. You undertake to keep it up to date at all times.
• You are responsible for maintaining the confidentiality of your access credentials (email address, password and/or second factor) and for all activities carried out under your account.
• You will notify AreaCacao immediately if you detect any unauthorized access to your account, by writing to hola@areacacao.com.
• Each account is personal and non-transferable. It is not permitted to share access credentials or to allow a third party to use your account, except in the cases of additional users authorized by your plan.

We reserve the right to suspend or cancel accounts that fail to comply with these requirements.

4. Acceptable use

4.1. Permitted uses

The User may:

• Enter recipes, ingredients, formulations, costs and documents that are their own or over which they hold the rights necessary for their use in the service.
• Use the contracted features in accordance with the active plan.
• Invite the additional users provided for by their plan (for example, up to 2 users on the Pro plan).
• Export their data in the formats available in the service.

4.2. Prohibited uses

The User undertakes NOT to:

• Upload copyright-protected content over which they do not hold the rights or licenses necessary for its use.
• Use the service for illegal or fraudulent purposes or purposes contrary to the legislation in force.
• Attempt to access data or accounts of other users without authorization.
• Reverse engineer, decompile, disassemble or attempt to obtain the source code of the service or any of its components.
• Resell, sublicense or commercialize access to the service or to its features without the express written authorization of AreaCacao.
• Attempt to extract, replicate or copy the artificial intelligence models, algorithms, ingredient database or underlying technology of the service.
• Overload the system with automated requests, bots or scripts that exceed reasonable and normal use of the service, or that attempt to circumvent the plan limits (AI credits, users, etc.).

Failure to comply with these conditions may give rise to the immediate suspension or cancellation of the account, without prejudice to any legal action that may be applicable.

5. Export control and sanctions

Contenfo LLC is a company incorporated in the United States, and the service is therefore subject to US export control and economic sanctions regulations. By using the service, the User represents and warrants that they are not located in a country or territory subject to an embargo by the US Government, that they do not appear on any restricted or sanctioned party list — including the lists of the Office of Foreign Assets Control of the Department of the Treasury and the denied party lists of the Department of Commerce — and that they will not use the service for any purpose prohibited by those regulations.

6. User Content

The User retains at all times ownership of the intellectual property rights over the Content they enter into the service. AreaCacao does not acquire any ownership right over such Content.

By entering Content into AreaCacao, the User grants AreaCacao a limited, non-exclusive and revocable license to process such Content for the sole purpose of providing the contracted service.

User Content is not used to train general-purpose artificial intelligence models, nor is it shared with third parties for that purpose. Its use is strictly limited to the storage, processing, indexing, calculation and generation of results (data sheets, validations, costs, AI suggestions) within the isolated space associated with the User's account.

The User may delete their Content at any time from the interface of the service. Items sent to the trash will be permanently deleted after 30 days. Once permanently deleted, the data cannot be recovered.

7. Sensory Analysis Module — Specific obligations

The customer who uses the Sensory Analysis module acknowledges that:

1. They are the Controller of the personal data of the panelists they register, invite or manage through the platform.
2. They have obtained or will obtain the panelist's informed consent before entering their data.
3. They accept the Data Processing Agreement (DPA) under Art. 28 GDPR as an integral part of these Terms. A copy may be requested at privacy@areacacao.com.
4. They are responsible for the truthfulness, accuracy and lawfulness of the data they enter about third parties.
5. AreaCacao is not liable for claims arising from the customer's failure to comply with their duty to inform the panelist or to obtain their consent.

8. Intellectual property

The AreaCacao service, including without limitation its interface, APIs, algorithms, ingredient database and technical macros, source code, design, logos, trademarks, documentation and all the underlying technology, are the exclusive property of Contenfo LLC and are protected by the applicable intellectual and industrial property laws.

Access to and use of the service do not grant the User any intellectual property right over it. It is expressly prohibited to copy, modify, distribute, reproduce, decompile or create derivative works from any part of the service without the prior written consent of AreaCacao.

9. Availability of the service

The service is provided "as is" and "as available". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AreaCacao DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AreaCacao does not guarantee 100% availability or uninterrupted or error-free operation.

Some jurisdictions do not allow the exclusion of certain implied warranties, so the above exclusions may not apply to you in full. Nothing in this section limits the rights granted to you by the mandatory consumer protection law of your country of residence.

We will make reasonable efforts to keep the service operational and accessible. Planned maintenance tasks that may affect availability will be communicated in advance whenever possible.

AreaCacao shall not be liable for interruptions or degradations of the service caused by failures in third-party services, infrastructure providers, communication networks or other factors beyond its reasonable control.

10. Limitations of artificial intelligence

The User acknowledges and accepts the following limitations inherent in the operation of the service's features based on artificial intelligence (extraction from photo/PDF, cost assistant, automatic validations):

• The outputs generated by the AI do not constitute binding professional advice (technical, legal, nutritional, health or tax). They are an aid to the professional's work.
• The AI may generate responses containing inaccuracies, incomplete information or errors. The technology, by its very nature, does not guarantee the absolute accuracy of its results.
• The User is responsible for verifying the quality, accuracy and suitability of any result generated by the AI before using it in production, in labeling or in documentation for customers or authorities.
• AreaCacao does not guarantee the precision, completeness or suitability of the responses generated by the AI for any particular purpose.
• Compliance with the food regulations applicable to the products made by the User (labeling, allergens, consumer information) is the exclusive responsibility of the User. The allergen features of the service are a support tool based on EU Regulation 1169/2011 and do not replace professional review.
• Regulatory scope of the allergen calculation. AreaCacao's allergen module is built on Annex II of EU Regulation 1169/2011, which identifies fourteen substances subject to mandatory declaration in the European Union. It does not implement the allergen labeling frameworks of other jurisdictions, in particular those of the United States (the Food Allergen Labeling and Consumer Protection Act and FDA regulations) or of Canada (the Food and Drug Regulations and CFIA requirements), which differ both in the substances subject to declaration and in the required wording, naming and format of that declaration. The output of the module is a tool to support the professional's work and does not constitute a compliant allergen declaration for any market. It is the User's sole responsibility to verify and adapt that information before using it in labeling, in documentation or in consumer information, in accordance with the regulations in force in the market in which they sell their products.
• Transparency. The features of the service based on artificial intelligence are identified as such in the interface, so that the User knows at all times when they are interacting with an artificial intelligence system and when a result has been generated by one. AreaCacao does not use emotion recognition systems, biometric categorization or any of the practices prohibited by Regulation (EU) 2024/1689.

11. Data and privacy

The processing of personal data is governed by our Privacy Policy, which forms an integral part of the contractual relationship between you and AreaCacao. We recommend that you read it carefully.

By using the service, you accept the processing of your data as described in that Privacy Policy. We undertake to process personal data in accordance with the applicable regulations, including the General Data Protection Regulation (GDPR) for users located in the European Economic Area, the data protection legislation of Latin America and the regulations applicable in the other jurisdictions where the service operates.

B2B customers subject to the GDPR may request the Data Processing Agreement (DPA, Art. 28 GDPR), and a signed copy of it, at privacy@areacacao.com.

12. Billing and payments

AreaCacao offers the following paid plans, under the conditions published on the plans page of the website:

• Prices and cycles: the prices in force are published transparently on the website. Billing may be monthly or annual depending on the modality selected by the User when contracting. Before the User provides their payment details, the following are displayed clearly and conspicuously: the plan contracted, the amount, the frequency of the charge, the date of the first charge, the fact that the subscription renews automatically, the amount at which it will renew and the procedure for cancelling it.
• Consent to renewal: the subscription is activated only after the User's express consent to the automatic renewal terms, given during the contracting process. We keep verification of that consent for three (3) years or for one (1) year after the contract ends, whichever period is longer.
• Purchase confirmation: immediately after contracting, the User receives an email confirmation setting out the plan contracted, the amount, the frequency, the automatic renewal terms, the cancellation policy and the procedure for cancelling, in a form they can retain.
• Payment providers: payments are processed through certified payment providers. Card and bank account data are processed directly by those providers.
• Automatic renewal: subscriptions renew automatically at the end of each cycle for an identical period, unless the User cancels before the renewal date.
• Renewal notices: we will send the User, to the email address associated with their account:
  1. An annual reminder stating the service contracted, the frequency and amount of the associated charges and how to cancel it.
  2. For plans with an initial term of one year or longer, an advance notice sent no less than fifteen (15) and no more than forty-five (45) days before each renewal, stating that the subscription will renew automatically unless cancelled, the amount and frequency of the renewal, the cancellation procedure with a direct link, and our contact details.
• Cancellation: the User may cancel the renewal at any time from their account settings, through a directly accessible link or button, without needing to contact us, without giving reasons and with no more steps than were required to subscribe. Cancellation takes effect at the end of the current cycle and the User retains access until that date. We will confirm the cancellation by email.
• Price changes: we may modify the prices of the plans by notifying the affected User thirty (30) days before the date on which the new price takes effect. The notice will state the previous price, the new price, the effective date and the cancellation procedure. The new prices will apply in the billing cycle following the notice period. If the User does not accept the new price, they may cancel before that date without any penalty.
• Promotions and discounts: where a promotional price, launch discount or trial applies, its duration and the price at which the subscription will renew once it ends will be stated before the User provides their payment details.
• Taxes: unless stated otherwise, published prices do not include applicable indirect taxes (VAT, GST/HST/QST, state sales taxes or others). Where there is a legal obligation to charge them, they will be added at the time of payment and itemized on the invoice. The User is responsible for providing a valid tax identification number where applicable.
• Right of withdrawal (consumers): if you are contracting as a consumer, that is, for purposes outside your trade or profession, you have fourteen (14) calendar days from the conclusion of the contract to withdraw from it without giving reasons. As the service is supplied immediately, during the contracting process you will be asked to (i) expressly request that performance begin immediately and (ii) acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you withdraw within the period after performance has begun, we will charge you only the amount proportionate to the service supplied up to that point. To withdraw, simply tell us at hola@areacacao.com. This right does not apply to those contracting in the course of their trade or profession.
• Refunds: apart from the provisions of the preceding paragraph, and unless otherwise required by law, fees already paid corresponding to periods that have already started are non-refundable. If a contracted feature were to cease to be operational for a significant period for a cause attributable to AreaCacao, the User may request a refund or equivalent credit by writing to hola@areacacao.com.
• Non-payment: in the event of non-payment, AreaCacao may suspend access to the paid features until it is settled.

13. Termination

The User may cancel their account or subscription at any time from the settings of the service. No prior notice or justification is required.

After cancellation, the User's data will be retained for a period of 30 days, during which they may request its reactivation or the export of their data. Once that period has elapsed, all data, including Content, settings and analytics data, will be permanently and irreversibly deleted, unless there is a legal obligation to retain it.

We reserve the right to suspend or cancel accounts that breach these Terms. Under normal conditions, we will notify the User with reasonable advance notice before proceeding with the suspension or cancellation. However, in the event of serious infringements (illegal use of the service, unauthorized access to third-party data, generation of harmful content or attempted fraud), we may proceed to suspend the account immediately without prior notice.

14. Limitation of liability

To the maximum extent permitted by applicable law, AreaCacao shall not be liable for indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, revenue, data, business opportunities or anticipated savings, regardless of whether or not it has been advised of the possibility of such damages.

The total and aggregate liability of AreaCacao towards the User for any claim arising out of or related to these Terms or the use of the service shall be limited to the total amount paid by the User to AreaCacao during the 12 months prior to the date of the claim. In the event that the User has not made any payment, the maximum liability shall be limited to one hundred euros (100 €) or the equivalent in the currency in which they were charged.

The foregoing limitations shall not apply in those cases in which mandatory law does not permit the exclusion or limitation of liability.

AreaCacao shall not be liable for damages caused by:

• Force majeure: events beyond the reasonable control of AreaCacao, including natural disasters, pandemics, armed conflicts, strikes, acts of terrorism, widespread infrastructure failures or government decisions.
• Third-party service failures: interruptions or errors in the services of external providers on which the service depends.
• User Content: inaccuracies, errors or omissions in the Content entered by the User, as well as the consequences arising from results generated by the AI from such Content.

15. User indemnity

The User shall indemnify and hold harmless Contenfo LLC, together with its officers, employees and contractors, against any claim, demand, penalty, loss or expense — including reasonable attorneys' fees — arising out of:

• The Content entered by the User into the service and the rights in that Content.
• The third-party data the User enters into the service, in particular panelist data in the Sensory Analysis module, and any failure to comply with their obligations as Controller as described in section 7.
• The User's use of the outputs of the service in the labeling, documentation, marketing or consumer information of their own products, as well as compliance with the food regulations applicable in the market in which they sell them.
• The User's breach of these Terms or of the legislation applicable to them.

AreaCacao will notify the User without undue delay of any claim covered by this clause, and the User may participate in its defense. This clause shall not apply to the extent that the mandatory consumer protection law of the User's country of residence prevents it.

16. Modifications to the Terms

We reserve the right to modify these Terms at any time. Modifications will be notified to Users at least 30 days in advance by email or by notification within the service.

Continued use of the service once the notification period has elapsed will be considered acceptance of the new Terms. If the User does not agree with the modifications, they may cancel their account before the changes take effect, without any penalty.

17. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without prejudice to the mandatory provisions on consumer protection that may be applicable in the User's country of residence.

For any dispute arising from the interpretation, performance or enforcement of these Terms, the parties submit to the jurisdiction of the courts of Sheridan County, Wyoming, United States, unless the consumer protection regulations applicable to the User require submission to a different jurisdiction.

Before commencing any legal action, the party who considers that a dispute exists shall notify the other in writing, describing the problem and the outcome sought, and both parties shall attempt to resolve it in good faith for a period of thirty (30) days. This requirement does not prevent either party from seeking urgent injunctive relief, nor does it limit the User's right to use the complaint channels made available to them by the mandatory law of their country of residence.

18. Minimum age

The service is intended for persons of legal age with sufficient legal capacity to contract, or for authorized representatives of an organization. When creating an account, the User represents and warrants that they are at least 18 years old or are acting on behalf of an organization with legal capacity to accept these Terms.

The eighteen (18) year requirement reflects legal capacity to enter into contracts. Independently of it, we do not deliberately collect personal data from minors under sixteen (16) years of age — the age of digital consent under Regulation (EU) 2016/679 — or from children under thirteen (13), the threshold applicable in the United States under the Children's Online Privacy Protection Act (COPPA). If we become aware that a minor has provided personal data without the consent of their legal representative, we will delete it as soon as possible. You may notify us at privacy@areacacao.com.

19. Electronic communications

By creating an account, the User agrees to receive electronically — by email or through a notification within the service — the communications, notices, agreements, invoices and other documentation relating to the service, and acknowledges that such communications satisfy any legal requirement that they be in writing. The User may request a copy in another format by writing to hola@areacacao.com. It is the User's responsibility to keep the email address associated with their account up to date.

20. Contact

For any query, question or communication related to these Terms of Service, you may contact us:

• Corporate contact (Contenfo LLC): privacy@areacacao.com
• Support and general inquiries: hola@areacacao.com
• Website: areacacao.com

21. Change history

These Terms of Service were last updated on August 4, 2026. Any subsequent modification will be communicated as set out in section 16.

• August 4, 2026 (2nd revision): adaptation to the launch in the United States and Canada. Expansion of the billing section with the automatic renewal terms, advance renewal notices, the cancellation procedure, price changes, promotions and taxes. Introduction of the fourteen-day right of withdrawal for consumers. Clarification of the regulatory scope of the allergen calculation. New User indemnity section. Conspicuous disclaimer of implied warranties. New sections on electronic communications and export control. Prior informal dispute resolution. Harmonization of the age thresholds. The liability cap, the governing law and the jurisdiction have not been modified.
• August 4, 2026:publication of the English version of this document. Both versions have been checked clause by clause and say the same thing; the version of the language in which the service was contracted governs and, in the event of a discrepancy, the reading more favorable to the user prevails. No substantive changes with respect to the Spanish version.
• May 30, 2026: update synchronized with the rest of the legal documents coinciding with the publication of the details of the Representative in the European Union (DataRep). No substantive changes with respect to the previous version.
• May 28, 2026: comprehensive update prior to launch. Incorporation of the scope of subdomains and associated services; section on specific obligations of the Sensory Analysis module (the customer's responsibility as Controller of panelist data); clause on the availability of the DPA on request for B2B customers subject to the GDPR. Internal renumbering of the document.
• April 16, 2026: initial publication.

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