Terms of Service

These Terms are entered into between you (either individually or on behalf of the organization you represent, “Customer”) and Hi Luca Technologies, S.A.P.I. de C.V. (“Hi Luca”, “we”, “us”). The Master Services Agreement (“MSA”) signed by enterprise customers takes precedence over these Terms where it conflicts.

The person clicking “I accept”, signing an order form, or using a paid account represents that they have authority to bind the organization to this agreement.

Hi Luca provides a Marketing Operating System consisting of the Luca Builder product and related features (collectively, the “Services”). Certain features are under active development and are identified as such in the product and on this website. We do not guarantee delivery dates for features not yet released.

We may modify, suspend, or discontinue any feature at our discretion. For material changes affecting paid plans, we will notify Customer at least 30 days in advance.

Customer is responsible for maintaining the confidentiality of account credentials, for all activity under its account, and for ensuring authorized users comply with these Terms. SSO / SCIM are available for enterprise plans (see /security).

We may suspend access for non-payment, suspected security compromise, or violation of our Acceptable Use Policy.

Paid plans start at USD $999 per month. Final pricing is determined in a Discovery call and documented in an order form. Unless the order form says otherwise:

• Fees are billed monthly in advance and are non-refundable except as provided by the 90-day money-back guarantee (see below).
• Fees do not include taxes (IVA / VAT / sales tax). Customer is responsible for all applicable taxes except on our net income.
• Late payments accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.
• Subscription renews automatically for successive terms equal to the initial term. Either party may cancel renewal with 30 days’ written notice before the end of the then-current term.

Every Hi Luca paid plan includes a 90-day money-back guarantee. If Customer notifies us in writing within 90 days of the initial paid subscription start date that the Services did not meet agreed expectations, we will refund fees paid during that 90-day period, pro-rated as applicable. The guarantee applies once per organization.

The guarantee does not cover: third-party pass-through costs, amounts already paid to sub-processors on Customer’s behalf, or fraudulent use. Contact legal@hiluca.net to initiate a claim.

Customer retains ownership of all content and data submitted to the Services (“Customer Data”). Customer grants Hi Luca a worldwide, royalty-free license to use, host, copy, process, and display Customer Data solely to provide and improve the Services.

We may process de-identified and aggregated data to improve the Services. Such data is not Personal Data and cannot be re-identified to Customer.

Our Data Processing Agreement forms part of these Terms when we process Personal Data on Customer’s behalf.

Hi Luca retains all right, title, and interest in the Services, including underlying software, models, documentation, and the Hi Luca marks. No license is granted beyond what is explicitly stated in these Terms.

Customer and its users must comply with our Acceptable Use Policy. We may remove or restrict content that violates the AUP or applicable law.

We warrant that the Services will perform materially in accordance with our published documentation. Customer’s exclusive remedy for breach of this warranty is for Hi Luca to correct the non-conformity or, failing that, to refund pre-paid fees for the non-conforming period.

Except as expressly set out in these Terms, the Services are provided “as is” and Hi Luca disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue, arising out of or in connection with these Terms. Each party’s aggregate liability shall not exceed the fees paid or payable by Customer in the twelve (12) months preceding the claim. This limitation does not apply to fraud, willful misconduct, infringement of the other party’s IP, or payment obligations.

By Hi Luca: We will defend and indemnify Customer against third-party claims that the Services infringe that party’s intellectual-property rights, and pay damages finally awarded or agreed in settlement, subject to prompt notice and our sole control of defense.

By Customer: Customer will defend and indemnify Hi Luca against third-party claims arising from Customer Data, Customer’s use of the Services in violation of these Terms, or Customer’s violation of law.

These Terms begin on first use of the Services and continue until terminated. Either party may terminate for material breach uncured after 30 days’ written notice. We may terminate immediately for non-payment, security, or legal reasons.

On termination, Customer’s access ends and we will retain Customer Data for 30 days for recovery, after which it is deleted or de-identified except as required by law. Sections that by their nature survive termination (IP, liability, indemnity, governing law) will survive.

We may update these Terms. For material changes we will notify Customer at least 30 days in advance via email or in-product notice. Continued use after the effective date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the United Mexican States, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Ciudad de México, México for all disputes arising from or related to these Terms, except that either party may seek equitable relief in any court of competent jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Legal notices to Hi Luca must be sent to legal@hiluca.net and to our registered address at Londres 219 · Colonia Juárez · Alcaldía Cuauhtémoc · Ciudad de México · México. Notices to Customer may be sent to the administrative contact on the account.

These Terms, together with any signed order form, MSA, DPA, and AUP, constitute the entire agreement between the parties regarding the Services and supersede prior agreements on that subject. If any provision is held unenforceable, the remainder continues in effect.