Effective June 12, 2023

Terms of service

Using the software provided by LUSILABS means acceptings these terms

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy incorporated herein by this reference, are the entire Agreement between LUSILABS or “We” and you (“You” or the “User”).

These Terms govern Your use of the lusilabs.com web site (the “Site”), any software provided to You by LUSILABS (called the “Software”), the Site and the Software are henceforth collectively called the “Service”.

By using the Service, You are acknowledging that You have read and have agreed to these Terms.

Payment and fees

Payment method

In order to use the Site, You must provide account information for at least one valid Payment Method.

You hereby authorize LUSILABS, as applicable, to run credit and debit card authorizations on all credit and debit cards provided by You, to store credit and debit card and banking or other financial details as Your method of payment consistent with our Privacy Policy, and to charge Your credit and debit card (or any other Payment Method) for any amounts owed under the Terms of Service.

You acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

By providing Payment Method information through the Site or by authorizing payments with the Payment Method, You represent that:

• * You are legally authorized to provide such information
• * You are legally authorized to make payments using the Payment Method(s)
• * You are an employee or agent of a company or person that owns the Payment Method, and that You are authorized by the company or person to use the Payment Method to make payments on LUSILABS and such actions do not violate the terms and conditions applicable to Your use of such Payment Method(s) or applicable law.

When You authorize a payment using a Payment Method via the Site, You automatically agree and declare that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Your Payment Method(s), You are solely responsible for paying such amounts by other means.

Foreign currency conversion

If your Payment Method uses a currency other than U.S. Dollars, we may show you foreign currency conversion rates for us to change your currency into U.S. Dollars. The rates we show you may be different than the rates that apply to us and may not be the best rate available to you

Fixed-price milestones

The amount of a Fixed-price Contract offer (hereafter “Milestone”) by which You obtain a part or a complete build of the Software created by LUSILABS, is specified in the web application interface of the Site. At the instant you accept the delivery of the Milestone, as made explicit by a confirmation screen on the web application, You become obligated to pay the full amount of the contract to LUSILABS. Furthermore, You automatically and irrevocably authorize and instruct LUSILABS to charge Your Payment Method for the complete monetary amount specified in the Milestone.

Fees

Although LUSILABS does not normally charge extra fees, we reserve the right to include extra fees in the Milestones under extraordinary circumstances. These fees will be made visibile and explicit to You.

Refunds

LUSILABS does not issue refunds under any circumstance.

Right of use

We strive to keep the Service correct, bug-free and safe, however, LUSILABS does not absolutely warrant or ensure continuous, error-free, secure or correct operation of the Service. You understand and agree that you shall not be entitled to make any claim based on LUSILABS's failure, irrespective of fault, to provide any of the foregoing. You use the Service at your own risk.

Without limiting the foregoing, the Service is not designed nor licensed for use in hazardous environments requiring fail-safe controls or mission-critial operations, including without limitation: operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Trademark

Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Content”) are owned by or licensed to LUSILABS and are protected under both Mexican and foreign laws.

Licence

The Software of LUSILABS is protected by a proprietary Licence. We grant You the right to distribute the Software to other parties under the following conditions:

• * You must distribute the Software in its original, unmodified form, including all accompanying files and documentation.
• * You must ensure that the recipients of the Software are bound by the terms of this License.
• * You must not represent or imply that it has any ownership or proprietary rights in the Software.
• * You must not represent or imply that you are the intellectual or material creator of the Software.

You may charge fees for the distribution of the Software at your discretion.

You shall not reverse-engineer, disassemble, or decompile the Software, or in any other manner attempt to find the source code or the creative arrangement of the particular components of the Software, including but not limited to

• * the particular libraries and packages used to create the build
• * the particular build tools and deployment scenarios such as CI/CD systems employed
• * the particular AI algorithms and pipelines written

Any attempt at decompilation, disassembly or adaptation of the Software as well as making any changes or modifications to the Software without Our consent granted in writing by the co-founders visibile in the landing page shall be prohibited and will result in immediate termination of any open contracts. Furthermore, in the case of violation, We reserve the right to take legal action as deemed necessary to protect Our Software and enforce the Licence.

Intellectual property rights

The property rights to the Software and all its derivative works are Our intellectual property. This means that all intellectual property rights, including but not limited to copyrights, patents, trade secrets, and trademarks, in and to the Software; proprietary algorithms, proprietary packages, documentation, and any other materials are the exclusive property of LUSILABS. The Software and documentation are licensed, not sold, and We retain all rights not expressly granted to You. In no way can You represent or claim or imply that You hold ownership or proprietary rights to the Intellectual property of the Software

Accounts, Passwords and Security

You must be a registered User to access the Service. You are responsible for keeping Your login credentials and external provider accounts secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User's accounts and/or data.

Account termination

We reserve the right, without notice and in our sole discretion, to terminate Your account at any time and for any reason. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by Us will not be backed-up for any reason and will be immediately terminated from Our servers, and will not be eligible for any refunds of money paid. You may request termination of Your account at any time. We are not responsible for any loss or harm related to your inability to access or use the Service.

Limitation of liability

In no event will We be liable to the user or third parties for any damages, including but not limited to direct, indirect, special, incidental, exemplary, consequential or punitive damages (including but not limited to loss of use, business interruption, loss of profits or loss, corruption and/or alteration of data) arising out of or in any way related to your data and/or your use of the service and/or your account, whether in an action in contract, tort, equity or otherwise.

In the event that you voluntarily engage in the activity of internet use you bear the risks associated with that activity. You will be solely responsible for any damage done to your computer or your data that results from such activity. In no event will We have any liability to you or any third party for unauthorized access to or use, alteration, corruption, theft or destruction of your data and/or your account.

Communications

You acknowledge and agree that We may send You e-mails related to your account and/or the service, these will solely come from the domain name lusilabs.com and in no other event will other forms of writing be attributed to Us. You agree that We can use your company name or logo in its advertising unless and until you tell us in writing not to.

About this Agreement

We may need to update these Terms periodically. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you may request account deletion at any time.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by Mexican Law, and will be litigated exclusively in the federal or state courts of Mexico City, Mexico. You and LUSILABS consent to personal jurisdiction in those courts.

Contact Us

If you have any questions about these Terms, You can contact us:

• By email: support@lusilabs.com