Terms and Conditions
LEGAL NOTICE
This website (www.luzia.com) belongs to FACTORΓA ELCANO S.L., with address in Madrid-28005, calle de Manzanares, 4 (Spain) and e-mail address contacto@luzia.com. Hereinafter, "Luzia".
It is governed by the Law on Information Society Services, privacy, consumer, intellectual property and any other regulations applicable in Spain that set forth the rights and obligations of the parties regarding electronic commerce and online services.
TERMS AND CONDITIONS
Identification: Luzia offers Users of certain instant messaging platforms an easy and free way to obtain information on a wide variety of topics through a virtual assistant equipped with artificial intelligence, hereinafter referred to as "Luzia".
Purpose: The purpose of these Conditions is to regulate the relationship between the User and Luzia, both for browsing the web and the use of our service Luzia, giving the maximum guarantees of transparency and security possible to the first within the rules applicable to the digital market and protection of Consumers and Users.
Validity: They come into force on July 1, 2023 and constitute a contractual framework between our company and the user. They can be updated at any time without prior notice, being necessary that the User acts with the diligence to review them again prior to each new navigation on the web or use of the service.
TERMS AND CONDITIONS OF USE
- The acceptance of the present Conditions is a requirement for the use of the website and the services of Luzia, and makes the visitor or consumer of the services a "User", who is subject to them to the fullest extent. The User must read them before browsing the website or using the services and contact us if he/she has any doubt. You will always have the option not to browse, to delete the contact from your mobile device, not to use the service or not to accept cookies. Luzia reserves the right to prevent access to its website, mobile applications or service in case of violation of these conditions.
- Luzia provides a free-to-use website and services that can be accessed via computer, tablet and smartphone. In addition, Luzia is available as a mobile application for iOS and Android devices, offering a user experience adapted and optimized for these operating systems. Although browsing Luzia's website is free, as well as Luzia's services, in no case shall Luzia be liable for any mobile data consumption costs that the User may incur when browsing or using Luzia if not connected to WiFi.
- The site may be updated/modified in design and content from time to time to improve the User's experience, without affecting the User's rights.
- These conditions are offered by Luzia in Spanish, English and Portuguese. If the User accesses 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.
- All contents of the Luzia website, including content, trademarks, graphics, logos, icons, buttons, images and software, as well as the selection, compilation, arrangement, programming, design and assembly of all website and platform content are the property of Luzia, its suppliers and its technology partners and are protected by national and international intellectual property laws.It is strictly forbidden any use of the content or photographs of the website, including the reproduction, modification, distribution, transmission, subsequent publication, exhibition or total or partial representation of the same without the express consent of Luzia, its suppliers or its collaborators, with respect to the elements whose property they hold.
- Luzia will make every reasonable effort within its control and management capacity to ensure and maintain adequate technical availability of the website and the Luzia service for its Users. However, the availability and proper functioning may be impaired, slowed or made impossible due to uncontrollable factors beyond the responsibility of Luzia, factors such as, but not limited to, the operation of search engines of third party providers with which it is linked, cache incidents, problems or updates of instant messaging platforms through which you can access the services or the quality of the user's internet connection. Luzia also reserves the right to interrupt the service temporarily.
The availability of access and use has no territorial limitation since the User can access our site or use the services of Luzia from anywhere in the world. - The User must be over 16 years of age if he/she lives in European territory, or over 13 years of age if he/she lives outside of Europe, and in any case must be of sufficient age to be able to register in instant messaging services or use them without parental control in his/her country. If according to the applicable law in your country, the User does not have full legal capacity to consent and act (in Spain, 18 years), will be their parents or legal guardians who must accept these Terms on their behalf. In case of navigation or use by a minor, Luzia will not be in any case responsible and the legal guardians of the minor must assume their control and surveillance during the use, and the responsibility for the acts of the minor.
- Unfortunately, no service provider operating in the digital environment can guarantee its users full indemnity against cyber-attacks. Luzia is not responsible for any possible damages that the User may suffer when using this website or the services of Luzia, caused negligently or maliciously by third parties, such as temporary interruptions, manipulations, viruses or other harmful element, inconvenience or incident of any kind, confirming that Luzia has taken and applies cybersecurity measures in accordance with the development of its activity and the state of the art.
- The User agrees to use the website and the services of Luzia for the uses described and in accordance with the Law and these Terms and Conditions, and must refrain from using them to:
- Introduce into the network any software, applications or others with the intention of causing damage to the computer systems of Luzia, its suppliers or third party Users.
- Attempt to access the programming of the web page, the server where it is hosted or the servers of third party collaborators.
- Carry out illicit activities, contrary to good faith, customs, morals or public order.
- Carry out activities that constitute an infringement of the regulation on intellectual and industrial property or any other rule of the applicable legal system.
SERVICE CONDITIONS
The user will be able to start using Luzia's services in several ways:
- Through instant messaging platforms: By clicking on the contact when it is transferred to you through the instant messaging service or by saving it as a contact in your devices and initiating a chat with it through the instant messaging platforms WhatsApp and Telegram, if you have them installed. If you do not have them installed, you can download them from mobile application download platforms (App Store, Google Play Store, etc.).
- Through the Luzia mobile applications for iOS and Android: By downloading the specific Luzia application from the corresponding application stores (App Store for iOS and Google Play Store for Android). These apps offer an integrated and specific user experience for these operating systems.
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On the Luzia website, the User will also find buttons that will direct to the service. If the website detects that the User does not have the instant messaging application or the Luzia application installed on the device, it will provide links to download them.
Luzia is not installed on the User's device as a standalone application when used through instant messaging platforms. It operates through the instant messaging platform. However, when Luzia is accessed through its mobile applications for iOS and Android, it is installed like any other mobile application.
β - Once the chat is started, we will provide the User with:
- a link to our Privacy Policy. After reading it, the User may choose to use the service or simply leave the chat, delete it, or delete Luzia from his/her contacts, if he/she has added Luzia. User privacy is a priority, so you do not have to share personal information with Luzia in order to enjoy its services. Luzia will only store from Users the phone number, the nick (name or phrase or emoji) that the User has configured on that platform to identify him/herself (for example "Paul Legrainez" or "Happy for life π") and anonymized conversations (unlinked from the two previous User data).
- Information about some Luzia functionalities, reminding that it is still learning every day and that there are answers to questions about people, places or facts and information that may be inaccurate or outdated.
- Some topic suggestions, in button format, such as "plan trip" or "I want a recipe".
β - Informed of the above, it will be the User's responsibility to enter the instruction. This instruction, request, comment or "prompt" will be the one that generates a response reaction from Luzia, which may take a few seconds while it processes the request, searches the information and orders it to offer the most suitable response possible to the User, in natural language.
The User can find on the Luzia website tips in written or audiovisual formats to learn how to get the most out of Luzia through the prompts.
In addition, the prompts can be entered in writing and through voice message, if the instant messaging service has this functionality, so it is not only more convenient, but it brings the service closer to people with visual disabilities.
Luzia cannot provide the User with answers to questions that require access to User information stored in other apps on the User's device. At the moment, Luzia does not communicate with other applications. When it does, Luzia will request express authorization from the User before accessing such data.
β - Luzia's service is not limited to any language. Through the prefix of the telephone number linked to the instant messaging platform from which the User is accessing the service, Luzia will adapt its communication. If such detection is not possible, Luzia communicates in English by default. If the User would like to communicate with Luzia in a language other than the one defined for its prefix, he/she will simply address her in the preferred language and she will respond in the same language.
- On rare occasions, Luzia will proactively contact the User to make itself available to him or inform him of any news that has been incorporated into its services. To learn more about the legitimate interest and your rights as a User in relation to these communications not initiated by the User, you can read more here.
- Luzia is used under the User's responsibility. That is why we must warn:
- IT IS A HIGH PRECISION ARTIFICIAL INTELLIGENCE, WHICH LEARNS DAILY, BUT IS NOT INFALLIBLE. IT IS A TECHNOLOGY IN CONSTANT EVOLUTION AND CONDITIONED BY MACHINE LEARNING. IT CAN EXTRACT INFORMATION FROM AN ERRONEOUS SOURCE, OBTAIN AN INACCURATE CONCLUSION AFTER THE ANALYSIS OF VARIOUS PARAMETERS, GENERATE UNSAFE CONTENT, ALTER INFORMATION OR CREATE A STORY TO RESPOND TO THE NEED POSED BY THE USER.
- LUZIA DOES NOT GUARANTEE THE TRUTHFULNESS, LEGALITY, ACCURACY, CORRECTNESS, SUITABILITY, TECHNICAL QUALITY, GRAMMATICAL OR SPELLING CORRECTNESS, LEGALITY, USABILITY, MARKETABILITY, LACK OF BIAS OR FITNESS OF THE CONTENT GENERATED BY LUZIA.
- THE CODE, ALGORITHMS AND OTHER COMPONENTS OF LUZIA ARE OWNED BY LUZIA. IT IS STRICTLY FORBIDDEN TO USE LUZIA TO IDENTIFY OUR INDUSTRIAL PROPERTY, OUR CODE, OUR SYSTEMS OR TO ACCESS ANY OTHER CORPORATE INFORMATION OF OUR PROPERTY.
- THE USER MUST MAKE USE OF THE SERVICES WITHOUT VIOLATING THE RIGHTS OF THIRD PARTIES. THE USER MAY USE THE TEXTS AND IMAGES PROVIDED BY LUZIA UNDER ITS SOLE AND EXCLUSIVE RESPONSIBILITY, ESPECIALLY IN RELATION TO ANALYZE, PRIOR TO USE, THE POSSIBLE INFRINGEMENTS OF INTELLECTUAL PROPERTY THAT MAY OCCUR BY THE IDENTITY OR SIMILARITY OF THE CONTENT GENERATED. LUZIA RESERVES THE RIGHT TO TERMINATE ACCESS TO THE SERVICES TO REPEAT USERS IN THE INFRINGEMENT OF THIRD PARTY RIGHTS.
- THE USER SHALL INDEMNIFY LUZIA, ITS EMPLOYEES AND COLLABORATORS, OF ANY CLAIM OR DAMAGE CAUSED BY A VIOLATION OF THESE CONDITIONS, THE LAW OR THIRD PARTY RIGHTS BY THE USER THROUGH THE USE OF LUZIA SERVICES.
- ALSO, LUZIA, ITS EMPLOYEES AND COLLABORATORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT MAY BE CAUSED TO THE USER OR BY THE USER TO THIRD PARTIES THROUGH THE USE OF ITS SERVICES.
- LUZIA RESERVES THE RIGHT TO RESTRICT ACCESS TO THE SERVICE OF THOSE USERS WHO ARE REPEAT OFFENDERS IN THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
- THE USER IS RESPONSIBLE FOR THE PROMPTS YOU ENTER. YOU MAY FIND ANSWERS THAT YOU DO NOT LIKE, ARE INAPPROPRIATE FOR YOUR AGE OR WITH WHICH YOU DO NOT AGREE. IT IS IMPERATIVE THAT THE PROVISIONS OF CLAUSE 7 FOR THE PROTECTION OF MINORS BE RESPECTED.
- LUZIA DOES NOT REPLACE PROFESSIONAL, TECHNICAL OR ACADEMIC PUBLICATIONS, ESPECIALLY IN THE MEDICAL, MENTAL HEALTH, LEGAL AND TECHNICAL FIELDS.
β - Correcting a prompt in which an error has been made is as simple as retyping the corrected prompt.
- Both prompts and replies from Luzia and entire chats can be deleted in the same way as they are deleted in the instant messaging channel in question. However, the User should be aware that Luzia has two memories:
- Short-term personalized, in which Luzia stores only 10 minutes in order to have a smooth conversation with the User. If the User stops interacting in the chat for more than 10 minutes, Luzia will not remember what they were talking about, and the User will have to restart the conversation by re-entering the prompts they want.
- Long-term anonymized, in which Luzia stores the history of the conversations it has with all the Users for a period of time to keep learning, but it does it in an anonymized way, that is, without relating the conversations with the rest of the information it has about the user (phone number and nickname) so Luzia will never know who has asked what. Therefore, not even Luzia will be able to answer the User about past conversations or information.
β - Luzia will never share conversations from the User with Luzia, although the User will be able to share them, depending on the functionalities of the instant messaging platform from which he/she is using the service: resend, screenshot, share, etc.
- Luzia's relationship with the User will have the duration that the latter wishes, the relationship being extinguished simply when he/she stops using the service and/or deletes Luzia from his/her contacts.
- For the moment, the User cannot read reviews or comments from other Users on the website. If at any time we show them, we guarantee that they will be real Users, as we will collect them directly from Users to whom the service is provided and who authorize us to do so, keeping such consent and being able to prove their origin at any time.
- If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
- The User may contact Luzia through the following channels:
- Web form
- E-mail: contacto@luzia.com
- Mailing address: Calle de Manzanares, 4 Madrid-28005, (Spain) - Any suggestion, disagreement or complaint from the User will be communicated to Luzia in good faith as soon as possible so that we can study the proposed improvement, manage the incident or correct the possible error as soon as possible, through any of the channels indicated in the previous section. We will give you an answer within a maximum of 30 days.
- If the solution offered by Luzia is not to the User's satisfaction and the User resides in Europe, the User may also file a complaint with the European online dispute resolution service, which can be accessed here. The User may also file a complaint with the appropriate consumer services.
- The Conditions set forth herein shall be subject to and interpreted in accordance with Spanish and European legislation, and in the event that an amicable resolution of the conflict is not reached, the Courts of the User's jurisdiction shall have jurisdiction.
FEES AND PAYMENTS
- Luzia may offer additional functionality or content included in subscription or pay-per-use plans. Paid services will be billed through the Stripe, Inc. platform.Β
- Free trial periods may be offered on a temporary or usage-limit basis for such services, after which payment will be required for continued use.
- The price and functionalities included in such paid services may vary between geographic regions and platforms. You can check the price at this link.Β
- 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.
The User may request a refund by contacting the following e-mail address: clientes@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.
DISCLAIMER OF WARRANTIES
The Company makes no warranties or representations, express or implied, with respect to the Website / App, including, without limitation:
- The absence of errors in the contents;
- The absence of viruses or other harmful components on the Web / App, or on the server that provides it;
- The invulnerability of the Web / App or the impossibility of violating the security measures adopted;
- The lack of usability or performance of the contents of the Web / App;
- Loss of information included in the Web / App;
- Inability to access the Web / App;
- Damage or harm caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that the Company establishes on the Web / App or through the violation of security systems of the Web / App.
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Copyright Luzia. 01/07/2023