Terms of Service

I. COMPANY INFORMATION

FACTORÍA ELCANO, S.L., with Tax ID Number 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 have 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 to 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.

If you are not satisfied with any updates, you must notify LUZIA. If you express your disagreement with the content of the Terms and Conditions of Use and Privacy Policy to LUZIA, this may result in you losing your status as a user of the application.

Access and use are available without territorial restrictions, except for Belarus, North Korea, Cuba, Iran, Russia, Syria, Sudan, Ukraine, and Venezuela. Therefore, you can access our site or use LUZIA Services from anywhere in the world except for the countries listed above.

These conditions are offered by Luzia Spain in Spanish, English, Portuguese, French, Italian, and Hindi. If, as a User, you access 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 people who download the application on their mobile device, or use it through WhatsApp, Telegram directly in the Application, 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 using 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 topics that show interest, 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 process may vary if you register via WhatsApp, Telegram the App:

  • If you use LUZIA via WhatsApp or Telegram can start the conversation directly.
  • If you use the App, you will be able to use LUZIA without registering, but in order to access all the functionalities you must create your account by entering an email address through Google or Apple. Once you have completed the previous step, in order to continue the process, you must read and accept our Terms and Conditions of Use of the application.

To use the application, you must 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, direct or indirect, that may arise from its misuse, as well as the transfer, disclosure, or loss of it, and must immediately inform LUZIA if you have reason to believe that your password or your access 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 depending on whether you are a user of the Application, WhatsApp, or Telegram, among which the following 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 audio, 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.
  • Through LUZIA, you can interact with other users in your community in a group chat as long as you decide to do so.
  • You can customize and create your profile image through LUZIA that meets your expectations of user experience.

Additional features for Luzia+ Users

If you are a Luzia+ subscriber, you will be able to access advanced features that enhance your experience within the application. These features include:

  • Use of the application without advertising, for a smoother experience;
  • Double the limits on chat interactions and use of tools compared to the free version;
  • Access to a premium imaging model, with improved results;
  • Availability of a unique image editing tool created for more precise and creative results;
  • Access to an advanced reasoning model capable of providing more intelligent, deeper, and contextual answers.

Luzia may update, extend, or adjust these premium features over time in order to improve the service. We will always inform you clearly in case of relevant changes.

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

If you wish 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, with no option to be recovered. 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 this through "Settings" by clicking on the "Account" button, and then "Delete my Account." Once the above steps have been carried out, it will be permanently deleted.
  • If you are a WhatsApp or Telegram user, 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 features or additional content included in subscription plans, or depending on the use you make with LUZIA you can get rewards with access to new features. 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.

Luzia+ Subscription Program

Luzia+ is our premium subscription service that offers enhanced functionalities and an extended user experience within the application.

All new users subscribing to Luzia+ have a 3-day free trial period, regardless of the billing period chosen. Unless you cancel the subscription before the end of the trial period, the subscription will be automatically activated and the first charge for the selected plan will be made.

Luzia+ is available with different billing periods and localized pricing in certain markets. The reference prices are as follows, but remember that they may vary depending on promotions, applicable taxes, and conditions of each app store, which will always be duly informed.

  • Weekly subscription
    • Colombia: 4,999 COP
    • Brazil: 7.99 BRL
    • Mexico: 29 MXN
    • Rest of different geographic areas: 1.99 USD
  • Monthly subscription
    • Colombia: 14,999 COP
    • Brazil: 24.9 BRL
    • Mexico: 99 MXN
    • Rest of different geographic areas: 4.99 USD
  • Annual subscription
    • Colombia: COP 119,992
    • Brazil: 199.2 BRL
    • Mexico: 712 MXN
    • Rest of different geographic areas: 39.92 USD

Important: Automatic renewal and cancellation:

Subscriptions are automatically renewed according to the chosen period (weekly, monthly, or yearly).

If you decide to cancel, you only have to do it before the next payment date through the corresponding app store.

Once canceled, you will be able to continue enjoying Luzia+ until the end of the period you have paid for.

Subscription Refund Management

If you need to request a refund for a purchased subscription, you can write to us at privacy@luzia.comdentro within 14 days of payment.

We may accept the request as long as you have not made intensive use of the service during that period.

In the case of purchases made through the App Store, refunds must be handled only through Apple, following their procedures and conditions. Apple will decide whether or not to approve the refund, and neither Luzia nor our suppliers have the ability to change that decision.

To manage subscriptions, we use the infrastructure of RevenueCat, a provider that helps to correctly process payments and manage related requests.

VI. APPLICATION VERIFICATION AND OPERATING SYSTEM

LUZIA guarantees the implementation of both technical and organizational security measures necessary to protect personal data, avoiding its alteration, loss, treatment, and/or unauthorized access. These measures are adopted in accordance with the state of the art, the nature of the data stored, and the risks to which they are exposed, complying with current legislation on Protection of Personal Data in Spain.

Guidelines for safe use

To ensure a safe and appropriate environment for all users, LUZIA establishes the following behavioral guidelines. Failure to comply with these rules may result in the suspension or deletion of the user's account:

  1. Illegal or Harmful Content: Sharing, distributing, or soliciting illegal content, including but not limited to material that promotes violence, child exploitation, abuse, human trafficking, or any criminal activity is prohibited.
  2. Pornography and sexual abuse: The dissemination of sexually explicit content, pornography, or any material related to the exploitation of minors is strictly prohibited.
  3. Incitement to hatred and violence: The publication of content that incites hatred, discrimination, or violence against individuals or groups based on their race, religion, sexual orientation, gender, nationality, or other factors protected by law is not permitted.
  4. Terrorism and threats: Activities or content that encourage, promote, or support terrorism, violent attacks, or any action that endangers the safety of persons or entities will not be tolerated.
  5. Fraud and impersonation: It is prohibited to use the application to carry out fraud, deception, swindling, or impersonation for the purpose of obtaining illicit benefits or manipulating information.
  6. Misuse of the platform: Use of the application to distribute malware, carry out computer attacks, gain unauthorized access to systems, or perform any activity that may compromise the security of the platform or other users is prohibited.
  7. Respect and Appropriate Conduct: Users are expected to interact with respect and courtesy. Harassment, threats, abuse, or any intimidating behavior within the application will not be tolerated.

As a User, you acknowledge and agree that LUZIA may suspend, restrict, or terminate your access to the Application at any time, with or without notice, if it determines that you have breached any of the provisions contained in these Terms and Conditions of Use or in the Usage Policies set forth herein.

LUZIA may also implement verification systems to ensure the authenticity of users and the security of the platform. Such systems may include, among others, authentication processes, identity validation, and activity analysis to prevent unauthorized access or suspicious behavior. As a User, you agree to cooperate in these verification procedures and to provide the information required to ensure compliance with the established rules of use.

Redirection to complaints channel

In cases where users are detected to be involved in sexual crimes, terrorism, or violence, we recommend redirecting the report to the competent authorities in each jurisdiction. Below are links to the official reporting channels in different countries:

These complaint channels allow reporting, in addition to serious violations such as those mentioned above, other cases of rights violations, including racial discrimination, human trafficking, and slavery.

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 they transferred.

Accessing, browsing, using, hosting, and/or downloading Content 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.

- Perform reverse engineering operations

- Perform acts that directly or indirectly involve 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 in the application and associated with 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 does not 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 the DATA CONTROLLER in relation to personal data associated with the process of registration and user registration in the application.

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

As a User, you authorize LUZIA to use your data, after dissociating it, for the purpose of conducting statistical studies in order to improve the functionalities of the application.

As a user, you may exercise your rights of access, rectification, cancellation, and opposition regarding your registration data and registration as a user 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.

Compliance 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 CANNOT 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.

Summary

Terms and Conditions

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 Latin America, 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 address.
  • 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!