Terms and Conditions

1. Acceptance of Terms

By accessing and using the website of Luminatti Sistemas Informáticos, C.A. (luminatti.online) and our services, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, you must not use our services.

Company Information

• Company name: Luminatti Sistemas Informáticos, C.A.
• RIF: J-406773107
• Address: Venezuela
• Email: contacto@luminatti.online

These terms apply to all users of the website, including visitors, prospective clients and contracted clients.

2. Scope of Our Services

Luminatti offers specialized services in software development, industrial automation and technology consulting, including but not limited to:

• Custom software development
• IoT Development (Internet of Things)
• CRM, ERP and SRM Systems
• Industrial Automation and PLC
• Electronics and Embedded Systems
• Messaging and communication platforms
• Specialized technology consulting

2.1 Service modalities

• Custom projects: Specific development based on client requirements
• Licensing: Use of software developed by Luminatti
• Technical support Ongoing post-implementation services
• Consulting: Specialized technology consulting

3. Intellectual Property

3.1 Custom solutions

For custom development projects, the intellectual property of the software developed specifically for the client belongs to the client, including:

• Source code developed specifically for the project
• Databases and data structures created
• Project-specific technical documentation
• Unique configurations and customizations

3.2 Software for mass use

For software developed by Luminatti for general commercial use, intellectual property remains with Luminatti, including:

• Proprietary frameworks and libraries
• Development tools and methodologies
• Know-how and accumulated experience
• General improvements and optimizations

3.3 Third-party components

Third-party components, libraries and software used in our solutions retain their respective original licenses and terms of use.

4. Acceptable Use Policy

By using our services, you agree to comply with the following acceptable use policies:

4.1 Prohibited uses

• Illegal activities or those that violate applicable laws
• Distribution of malware, viruses or malicious code
• Denial of service attacks (DDoS)
• Violation of third-party privacy
• Spam or unsolicited mass mailing
• Use that infringes intellectual property rights
• Activities that may damage the reputation of Luminatti

Security

The client is responsible for maintaining the security of their access credentials and for immediately notifying any unauthorized use of their services.

5. Service Level Agreements (SLA) and Support

5.1 Service availability

We commit to maintaining our web services with 99.5% monthly availability, excluding scheduled maintenance notified at least 48 hours in advance.

5.2 Technical support

• Standard hours: Monday to Friday, 8:00 AM - 6:00 PM (VET)
• Response time: Maximum 1 business day for general inquiries
• Critical support: Available 24/7 for clients with premium contracts
• Channels: Email, web form, and phone as per contract

5.3 Maintenance

Maintenance includes security updates, bug fixes and performance improvements according to the specific terms of each contract.

6. Limitation of Liability

6.1 Warranties

Our services are provided "as is". While we strive to offer high-quality services, we do not guarantee that they will be free of errors or will meet all specific user requirements.

6.2 Limitation of damages

In no event Luminatti shall be liable for indirect, incidental, special, consequential or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Loss of business opportunities

6.3 Maximum liability cap

The total liability of Luminatti under any contract shall not exceed the total amount paid by the client in the 12 months prior to the event giving rise to the claim.

Compliance

7.1 Compliance with WhatsApp/Meta

For services involving integration with WhatsApp Business API or Meta platforms:

• We strictly comply with WhatsApp Business policies
• We implement Meta's best practices for developers
• We maintain necessary certifications and approvals
• The client must comply with Meta's usage policies

7.2 Data protection

We comply with applicable data protection regulations, including GDPR principles and local privacy laws.

7.3 Security standards

We implement international security standards including ISO/IEC 27001, OWASP Top 10, and secure development best practices.

8. Applicable Law and Jurisdiction

These terms and conditions are governed by the laws of the Bolivarian Republic of Venezuela. Any dispute arising in connection with these terms or our services shall be subject to the exclusive jurisdiction of the competent courts of Venezuela.

8.1 Dispute resolution

We prioritize the amicable resolution of disputes through direct negotiation. If an agreement cannot be reached, the parties may resort to mediation before proceeding to judicial proceedings.

8.2 Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. Modifications to the Terms

Luminatti reserves the right to modify these terms and conditions at any time. Modifications will take effect immediately upon publication on this website.

9.1 Change notification

Substantial changes will be notified to active clients by email at least 30 days in advance. Continued use of our services after notification constitutes acceptance of the new terms.

9.2 Previous versions

Previous versions of these terms are available upon request for historical reference and resolution of disputes related to prior contracts.