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Terms and Conditions of Use

You are about to read a very brief summary of our Terms and Conditions. We strongly recommend that you read the full information afterwards to get all the details.

  • Who we are: Luzia is a virtual assistant application powered by AI and owned by FACTORIA ELCANO, S.L., based in Madrid. 
  • Acceptance: By using our application, you agree to our terms and privacy policy. We may update these terms, so please review them regularly.
  • Use: The application is for users over 13 years old in LATAM, and 14 years old if you are a user in Europe and is free to download. You must register with accurate information and your phone number or email.
  • Services: Luzia can converse on various topics and assist in various matters such as: travel, food, studies, create images, transcribe audio and provide real-time translations. It also has different functions to facilitate tasks.
  • Data Privacy: We protect your personal data and only use it as described in our privacy policy. You have control over your data.
  • Legal: We are not responsible for problems beyond our control, such as third party errors or viruses. Luzia is governed by the laws of your country.

If you have any questions or need support, contact us on our contact page- we're here to help!

I. COMPANY INFORMATION

FACTORIA ELCANO, S.L. with CIF B13883186 is located at C/ Marqués de la Ensenada 2, 28004 Madrid (hereinafter, LUZIA).

LUZIA is the holder and owner of the application that responds to its name (hereinafter, 'the application' or "LUZIA"); and that provides users with an innovative and convenient method of virtual assistant for your day to day life. 

If you are interested in any questions regarding the application or these Terms and Conditions of Use, you can contact us through our contact page.

II. ACCEPTANCE OF TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Access to and use of the application, as well as the information, services and content are subject to applicable laws and regulations, as well as to the provisions set forth in these Terms and Conditions of Use and Privacy Policy.

As a User, and by accepting these Terms and Conditions of Use and Privacy Policy, you expressly acknowledge and agree to be bound by what is described herein. Also, you acknowledge and agree to make a diligent and responsible use of the LUZIA application, and to respect at all times the rules and / or regulations applicable to the use by you of the application, being liable for any damages that may be caused as a result of breach of this obligation.

LUZIA reserves the right to modify these Terms and Conditions of Use and Privacy Policy, indicating in the heading of this document the date of last modification. By using the application we understand that as a User you consent and accept them. For this reason, you should carefully read the Terms and Conditions of Use and Privacy Policy each time they are updated. These Terms and Conditions of Use and Privacy Policy, as amended from time to time, are the only ones applicable to the download, registration and use of LUZIA.

In the event that you are not satisfied with any updates, you must notify LUZIA. In case you express to LUZIA your disagreement with the content of the Terms and Conditions of Use and Privacy Policy, it may mean your loss of the status of user of the application.

The availability of access and use has no territorial limitation except for Belarus, North Korea, Cuba, Iran, Russia, Syria, Sudan, Ukraine, Venezuela. Therefore, you can access our site or use the LUZIA Services from anywhere in the world except for the countries listed above. 

These conditions are offered by Luzia Spain in Spanish, English and Portuguese, French, Italian and Hindi. If as a User you access to any translation into another language whose interpretation is discrepant, the Spanish version will prevail. You may export, save and print them at any time, or request a copy from us.

III. DEFINITIONS AND DESCRIPTION OF THE SERVICE

Users

 Those who download the application on their mobile device, or use it through WhatsApp and Telegram, complete the registration process and use it for the purpose for which it was created, acquire the status of Users. 

Application and Registration

The application, through the necessary internet connection of the device, acts as a virtual assistant to the user in those topics that the user decides, which generates an interactive chat and applying Artificial Intelligence. Through this innovative service, we allow the user to have control of the conversation, whether it is initiated by the user or by LUZIA, and decide on those issues that need assistance, all this is managed through a model of artificial intelligence that allows the user to have at his disposal a virtual assistant. The download of the application is free and does not generate commissions for the user, without prejudice to the expenses inherent to the Internet connection with the corresponding telephone operator, among others of similar nature and that will be borne by the User.

The use of this application is solely and exclusively intended for Users over 13 years of age if you reside in any LATAM country, or 14 years of age if you reside in any European country. By accepting these Terms and Conditions you declare that you are older than the above mentioned age.

The registration procedure may vary if you register via WhatsApp, Telegram or the App:

  • In case you use LUZIA via WhatsApp or Telegram you can start the conversation directly. 
  • If you use the App, you will be able to use LUZIA for the first few days without registering, and then you will have to create your account by entering your phone number. Then you must click on "Continue". Once you have completed the previous step, you must create your profile by adding your User name. In order to continue the process, you must read and accept our Terms and Conditions of Use of the application. 

In order to use the application it is necessary to accept these Terms and Conditions, the specific conditions referenced, and the Privacy Policy. 

The data you enter must be accurate, current and truthful. As a registered User you are responsible at all times for the custody of your account, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it, and must immediately inform LUZIA in case you have reason to believe that your password has been used in an unauthorized manner or is likely to be. In any case, LUZIA is not responsible for the custody and use of its Users' accounts.

IV. HOW DOES LUZIA WORK?

The functionalities of LUZIA, may vary if you are a user in the Application, or in WhatsApp, or Telegram, among which stand out:

  • LUZIA can engage you in conversations on any topic of your interest, and she can also advise and accompany you whenever you need her to. 
  • LUZIA can also assist you in matters related to travel, gastronomy, studies, etc. and will respond according to your needs, as well as making recommendations of third parties with whom LUZIA collaborates in order to make the assistance more complete. 
  • LUZIA can also create and recognize images, transcribe audios and perform real-time translations.
  • LUZIA can also perform document reading, studies or solve math problems, as long as you require it or LUZIA considers that you may need it. 
  • LUZIA can help you in any specific area you need her help. 
  • LUZIA may also provide you with non-personalized advertising or announcements to provide you with information that may be of interest to you from third party partners. 

Therefore, LUZIA as a virtual assistant is a software designed to accompany you in your daily life, as long as you require it through its use, for the cases described above. In addition, we remind you that LUZIA uses technology based on AI, natural language processing to understand and respond to requests that are required. 

You can download LUZIA on iOS and Android systems. The functionalities of the application may vary if the download is accessed from iOS or Google Play Store.

If you want to stop being a LUZIA User, and close your account with us, please note that this action is irreversible and your history and personalization preferences will be permanently deleted. In case you wish to use LUZIA again, you will have to register as a new user.

To delete your account, you will need to follow the steps below: 

  • If you are a User of the LUZIA Application you can do it through "Settings" by clicking on the "Account" button, and then "Delete my Account", once the above mentioned steps have been carried out, it will be definitively deleted.
  • If you are a WhatsApp User or Telegram, type the command '/deleteMyData' in your conversation with LUZIA, and you will receive a confirmation message. 

V. IS LUZIA A PAID OR FREE APP?

LUZIA is free of charge, however we may offer you certain functionalities or additional content included in subscription or pay-per-use plans. Paid services will be billed through the Stripe, Inc. platform. 

The price and functionalities included in such paid services may vary among different geographic regions and platforms. 

If the transaction is in a currency other than USD there may be differences between the original price and the charge made due to currency exchange costs.

Once a subscription has been paid, it will continue to be charged at the selected frequency until it is cancelled by the User. To avoid new charges the subscription must be cancelled before the next payment.

In case you need it, you can request a refund by contacting the following email address: privacy-en@luzia.com. Refund requests will be accepted up to 14 days after the payment has been made, provided that the user has not made continuous use of the services for which the refund is requested.

VI. APPLICATION VERIFICATION AND OPERATION SYSTEM

LUZIA guarantees the implementation of security measures, both technical and organizational, necessary to ensure the protection of personal data and avoid its alteration, loss, treatment and / or unauthorized access, given the state of the art, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Spanish legislation on Protection of Personal Data.

As a User you acknowledge and agree that LUZIA may suspend or terminate access to the Application, with or without prior notice, if it deems it appropriate, provided that there is a breach of any of the provisions contained in these Terms and Conditions of Use or a fraudulent or improper use of the application.

VI. LICENSE OF USE OF THE APPLICATION AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Application License 

LUZIA, as User, grants you a limited, non-exclusive, non-transferable and revocable license to access and use the application, including any adaptation, update, modification or new versions for downloading to mobile devices and/or access through computers, tablets or any other device in which the functionalities of the software that make up the application can be made accessible.

As a User you do not obtain any rights in relation to LUZIA, except in the terms detailed herein. In this sense it is understood that the contents and services offered through the application are licensed, but under no circumstances are transferred.

The access, browsing, use, hosting and/or downloading of Contents and/or Services shall in no case be understood as a waiver, transmission, license or total or partial transfer of the aforementioned rights by LUZIA. As a User you have a strictly private right of use, exclusively for the purpose of enjoying the services offered by LUZIA.

Under no circumstances may you: 

  • Access the Source Code of the application
  • Make modifications, alterations, new versions, derivative programs or include other applications in the application.
  • Reproduce, copy, disclose or distribute the application, whether for commercial or non-commercial purposes.
  • Carry out reverse engineering operations
  • Perform acts that directly or indirectly involve an economic exploitation of the application.
  • Perform any act not included in the previous sections that does not imply the exclusive and sole satisfaction of your needs as a User in direct relation to services offered through the application.
Intellectual and Industrial Property

LUZIA warns that it is the legitimate owner of all rights, titles and interests of the application and associated to it, its contents and software, including any modification, update and new versions, as well as any trademark, trade name, know how, copyright, images, photographs, graphic drawings, text files, audio, video and any other inherent intellectual or industrial property rights.

Therefore, it is strictly forbidden to remove, evade or manipulate the copyright notice and any other data identifying the rights of LUZIA or their respective owners incorporated into the content, products and / or services, as well as technical protection devices or any information and / or identification mechanisms that may be contained therein. In any case, the provision of these contents, imply the transfer of ownership or any right of use and / or exploitation in favor of your quality as a user, other than the use that involves the legitimate use and in accordance with the nature of the services and functionalities of LUZIA.

Any use of any of the elements subject to industrial and intellectual property for any purpose, especially commercial, as well as their transmission, distribution, public communication, reproduction or storage, in whole or in part, whether for profit or commercial purposes or not, is strictly prohibited, unless expressly authorized in writing by the owner of the same.

VII. LUZIA APPLICATION PRIVACY POLICY

As a User, and after voluntarily providing your data, you expressly agree to the processing of the same in accordance with the purposes and functionalities associated with the LUZIA application, which are:

  • Manage the services offered by LUZIA;
  • Interact with LUZIA by periodically sending promotional information about their products and / or services, including by electronic means such as email, among others. Such communications may refer to own promotions or promotions of third party companies, promoted by LUZIA and related to its corporate purpose and that may be of interest to users.
  • LUZIA's own purpose is to provide you with information or recommendations in relation to the conversations held These recommendations may recommend third party partners that may be of interest to you, this does not imply a transfer of personal data to third parties since the partner is simply recommended, and if you so decide you can interact or perform any action on it.

For this purpose LUZIA will act as TREATMENT CONTROLLER, in relation to personal data associated with the process of registration and registration of users in the application.

At all times, and in each of the communications, you will be provided through a simple and free means to request not to receive further communications of a commercial nature by LUZIA.

As a User you authorize LUZIA to use your data, after their dissociation, for the elaboration of statistical studies in order to improve the functionalities of the application.

As a user you may exercise your rights of access, rectification, cancellation, opposition regarding your registration data and registration as users of the application, by sending a request to privacy-en@luzia.com. 

Likewise, the User may delete his/her profile or account from the LUZIA application whenever he/she considers it appropriate.

Conformity with these General Terms and Conditions implies express acceptance of this Privacy Policy in the terms indicated above, without prejudice to your right to object to the purposes described.

VIII. EXCLUSIONS OF LIABILITY

LUZIA CAN NOT BE HELD LIABLE FOR CAUSES BEYOND ITS CONTROL OR NOT DIRECTLY ATTRIBUTABLE TO LUZIA SUCH AS ERRORS OR OMISSIONS BY THIRD PARTIES, VIRUSES IN THE USER'S OWN TERMINAL OR SYSTEMS THAT ARE NOT UNDER THE CONTROL OF LUZIA OR RESULTS FROM MISUSE OF THE USER OF SUCH SERVICES.

VISITORS UNDERTAKE NOT TO INTRODUCE, VOLUNTARILY OR INVOLUNTARILY, VIRUSES OR FILES OF ANY NATURE THAT MAY DISRUPT THE OPERATION OF THE APPLICATION, IN WHICH CASE THEY WOULD BE FULLY RESPONSIBLE.

THE USER DECLARES AND GUARANTEES THAT HE/SHE IS FULLY AWARE OF THE CHARACTERISTICS AND DIFFICULTIES OF THE INTERNET AND, IN PARTICULAR, THAT THE TRANSMISSION OF DATA AND INFORMATION ON THE INTERNET IS ONLY TECHNICALLY RELIABLE, SINCE THEY CIRCULATE ON HETEROGENEOUS NETWORKS WITH DIFFERENT CHARACTERISTICS AND TECHNICAL CAPACITIES WHICH MAY DISRUPT ACCESS OR MAKE IT IMPOSSIBLE AT CERTAIN TIMES.

DUE TO THE COMPLEXITY OF TECHNOLOGICAL ENVIRONMENTS, IF AND WHEN UNFORESEEN SITUATIONS ARISE, LUZIA RESERVES THE RIGHT TO TEMPORARILY SUSPEND THE SERVICES RELATED TO THE APPLICATION, FOR TECHNICAL REASONS, FOR SECURITY REASONS OR FOR MAINTENANCE. THIS SUSPENSION OF THE SERVICES OF THE APPLICATION WILL NOT GRANT ANY RIGHT OF COMPENSATION TO THE USER. IN THIS SENSE, THE USER ACCEPTS THAT LUZIA WILL NOT BE RESPONSIBLE, AS A RESULT OF SUCH ACTIONS, FOR THE ELIMINATION OR FAILURE IN THE PROVISION OF CERTAIN SERVICES OR FUNCTIONALITIES OF THE APPLICATION. Likewise, LUZIA SHALL NOT BE LIABLE FOR FAILURE OF TERMINALS TO CONNECT WHICH THE APPLICATION CANNOT BE USED AT THAT TIME.

LUZIA RESERVES THE RIGHT TO MAKE ANY CHANGES TO THE APPLICATION WITHOUT PRIOR NOTICE.

LUZIA IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT THE USER MAY SUFFER AS A RESULT OF IMPROPER USE OF THE APPLICATION BY THE USER, OR IF THE USER FAILS TO COMPLY WITH THESE TERMS AND CONDITIONS OF THE APPLICATION.

LUZIA RESERVES THE RIGHT TO PREVENT, BLOCK AND/OR REMOVE FROM THE APPLICATION THOSE USERS WHO SHOW INAPPROPRIATE BEHAVIOR TOWARDS THE APPLICATION, WITHOUT PRIOR NOTICE OR JUSTIFICATION BY LUZIA.

‍IX. APPLICABLE LAW AND JURISDICTION

The interpretation and application of the terms and conditions of use of the application shall be governed by Spanish Law. For the resolution of any discrepancy that may arise in the interpretation and/or execution of the terms and license of use provided herein, the parties submit to the jurisdiction and competence of the Courts of Madrid.

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Date of last update: September 2024.