1. Identification of Parties
SERVICE PROVIDER:
Grupo Lucohe S.L. (hereinafter, "Agenticalia")
CIF: ESB87088936
Address: C. Ferrocarril, 4, 28821 Coslada, Madrid, España
Email: info@agenticalia.ai
Phone: +34 916 718 926
CLIENT: The natural or legal person who contracts the services through the web platform or signed contract.
2. Contract Purpose
These General Conditions regulate the contracting of virtual assistant services with artificial intelligence offered by Agenticalia, including:
- Development and configuration of chatbots with AI
- Training models with client data
- Integration with client systems (ERP, CRM, eCommerce)
- Maintenance and technical support
- Service updates and improvements
3. Plans and Prices
| Plan | Price | Main features |
|---|---|---|
| Starter | €149/month + VAT | 1 assistant, 500 conversations/month, email support |
| Professional | €299/month + VAT | 1 advanced assistant, unlimited, stock integration, multilanguage |
| Enterprise | €599/month + VAT | Multiple assistants, ERP integration, 99.9% SLA, dedicated support |
Prices do not include VAT (21%). There may be additional costs for custom integrations or bespoke developments, which will be quoted in advance.
4. Contracting Process
- Request: Client requests information or demo through web or phone
- Proposal: Agenticalia sends personalized proposal with scope and price
- Acceptance: Client accepts proposal and these conditions
- Payment: Client makes corresponding initial payment
- Implementation: Agenticalia develops and configures the service
- Launch: Service activation and client training
5. Payment Method
Payments are made through:
- Credit/debit card: Through Stripe (PCI DSS secure gateway)
- Bank transfer: For annual payments or amounts over €1,000
- SEPA direct debit: For clients with annual contract
5.1 Billing
- Billing is monthly in advance, on the 1st of each month
- First payment is made at the time of contracting (prorated if applicable)
- Invoices are sent by email in PDF format
5.2 Non-payment
In case of non-payment:
- Reminder will be sent 3 days after due date
- After 7 days the service will be temporarily suspended
- After 15 days the contract may be terminated
- Late payment interest of 1.5% monthly will be applied
6. Duration and Renewal
- Minimum duration: 1 month (monthly plans) or 12 months (annual plans)
- Renewal: Automatic for equal periods unless notified otherwise
- Cancellation notice: 15 days before end of period
7. Right of Withdrawal
Important: As these are personalized services adapted to client needs, once implementation begins, the 14-day right of withdrawal provided for distance contracts with consumers does not apply.
If the client is a consumer and wishes to withdraw before starting implementation, they must communicate this in writing within 14 days of contracting.
8. Agenticalia's Obligations
- Develop and maintain the service as contracted
- Guarantee minimum availability of 99.5% (99.9% for Enterprise plan)
- Provide technical support according to contracted plan
- Maintain client data confidentiality
- Comply with data protection regulations (GDPR)
- Notify incidents affecting the service
- Perform periodic backups
9. Client's Obligations
- Provide truthful and updated information
- Facilitate necessary access for integration
- Pay amounts within established terms
- Use the service in accordance with law and these conditions
- Communicate changes affecting the service
- Not share access credentials
- Inform users about chatbot usage
10. Intellectual Property
- Agenticalia's technology, code and know-how are exclusive property of Grupo Lucohe S.L.
- Client data and content remain client property
- Client grants license to use their data exclusively to provide the service
- Models trained with client data are shared property during contract validity
11. Data Protection
Agenticalia will act as Data Processor regarding personal data that the client provides for service provision. The corresponding data processing agreement will be signed (Art. 28 GDPR).
For more information, see our Privacy Policy.
12. Limitation of Liability
- Agenticalia's maximum liability is limited to the amount paid by client in the last 12 months
- Agenticalia will not be responsible for indirect damages, lost profits or data loss caused by client
- Specific sales or conversion results are not guaranteed
- Client is responsible for responses configured in chatbot
13. Suspension and Termination
13.1 Suspension by Agenticalia
- Non-payment of invoices
- Fraudulent or unlawful use
- Serious breach of these conditions
13.2 Early termination
- By mutual agreement of parties
- For serious breach by either party
- For dissolution or bankruptcy of either party
13.3 Effects of termination
- Client may request export of their data within 30 days
- Agenticalia will delete client data within 60 days
- There will be no refund of amounts already paid
14. Communications
Communications between parties will be made preferably by email:
- Agenticalia email: info@agenticalia.ai
- Client email: The one provided at contracting
15. Modifications
Agenticalia may modify these conditions with 30 days' notice. If client disagrees, they may terminate the contract before changes take effect.
16. Applicable Law and Jurisdiction
These conditions are governed by Spanish law. For any dispute, parties submit to the Courts and Tribunals of Madrid, waiving any other jurisdiction.
If client is a consumer, they may resort to the European online dispute resolution platform: https://ec.europa.eu/consumers/odr
17. Final Provisions
- If any clause is declared null, the others will remain valid
- Tolerance of breaches does not imply waiver to claim
- These conditions constitute the complete agreement between parties