Nazca Labs Terms and Conditions

Version: 1.0
Effective date: November 2, 2026

These terms govern your use of nazca-labs.com and the client portal, and your purchase of our services and products. Please read them before you buy. If you do not agree, do not use the portal or buy from us.

1. Who we are

Nazca Labs E.I.R.L. ("Nazca Labs", "we" or "us"), a company incorporated in Peru. Email: hola@nazca-labs.com.

2. Businesses and consumers

We work mainly with businesses and professionals. Some clauses apply differently depending on who is buying:

• Consumer: a person buying as an end user under Peru's Consumer Protection and Defense Code (Law No. 29571), including micro-entrepreneurs in the cases that law recognizes.
• Business Client: a person or company buying for commercial or professional activity.

Nothing in these terms limits any rights you have as a consumer that cannot be waived by law. If a clause conflicts with those rights, those rights prevail.

3. Services

We offer AI agents and chatbots, automations, websites, mobile apps, custom software, video games, AI marketing and related products.

The scope, price, timing and deliverables of each purchase appear in a proposal, purchase order or portal checkout screen (the "Order"). If a signed or accepted Order contradicts these terms, the Order prevails, except against non-waivable consumer rights. General information on the website is for guidance and is not a binding offer unless it includes a specific price and conditions.

4. Who can buy

You must be at least 18 and legally able to enter into contracts. If you buy for a company, you confirm you have authority to bind it.

5. Portal account

• The information you provide must be true and kept up to date.
• You are responsible for keeping your password safe and for activity under your account, unless unauthorized use is due to our failure.
• Tell us immediately at hola@nazca-labs.com if you suspect unauthorized access.
• The administrator of an organization's account decides which users have access.

6. How a contract is formed

The contract is formed when you accept an Order and we confirm it, by signature, email or in the portal, as applicable. Accepting electronically has the same value as accepting in writing.

Before confirming a purchase you will see the service, total price, applicable taxes, currency, payment method, term and any renewal conditions. We do not use pre-ticked boxes or add extra services without your express acceptance. We will keep a record of the Order, which you can view in the portal or request by email.

7. Prices, taxes and payment

• Prices are shown in the Order, with their currency. Consumers in Peru see the final price with all taxes included.
• Where applicable, we will add Peru's General Sales Tax (IGV) or other taxes. For clients outside Peru, we will apply the tax treatment required by law.
• We will issue the electronic payment receipt required by the Peruvian tax authority (SUNAT).
• You may pay by bank transfer or by the methods available in the portal, including online payment processors once active. The processor may apply its own terms and security and anti-fraud checks. Nazca Labs does not store your full card number or security code.
• Unless the Order says otherwise, invoices are due within 15 calendar days of issue.
• If a Business Client pays late, we may charge legal interest and, after at least 5 business days' notice, suspend the service until payment is made. For consumers, we will apply only what the law allows.

8. Recurring plans

If you buy a monthly or annual plan, the Order will state the price, billing date and whether it renews. Renewing plans are charged only if you expressly accepted them, and we will notify you before each annual renewal. You can cancel renewal in the portal or by email, as easily as you signed up. Cancellation takes effect at the end of the paid period, unless the law gives you a greater right.

If we change a plan's price, we will give you at least 30 calendar days' notice. If you do not accept it, you may cancel before renewal without penalty.

9. Cancellations and refunds

• Before work starts: you may cancel and we will refund what you paid. If you are a consumer who bought online, you have 7 calendar days from purchase to cancel without giving a reason, unless you asked us to start sooner.
• Work already started: you may cancel at any time. You will pay for work performed and third-party costs already incurred at your request, and we will refund the balance. If the Order sets milestones, they will be used as a reference.
• Completed and accepted digital deliverables: these are non-refundable, except in case of a defect, breach or legal right.
• Our failure to perform: if we do not provide what was agreed or the result is not as offered, you may request correction, a refund for the affected part or another remedy provided by law.

Refunds are made by the same payment method where possible, within 15 business days of approval.

10. Delivery and acceptance

• Timelines are those stated in the Order and depend on receiving the necessary information, access and approvals on time. Delays for those reasons extend the timeline by an equivalent period.
• You have 10 business days from each delivery to approve it or state in writing what does not meet the agreement. We will fix anything within scope at no cost.
• For Business Clients, if you do not respond within that period after a reminder, the delivery is deemed accepted. This does not apply to consumers.
• Changes outside the scope will be quoted separately.

11. Artificial intelligence services

11.1 Nature of AI. AI systems produce results based on probability. They can be inaccurate, incomplete or biased, and two answers to the same query may differ. Although we apply reasonable testing, we do not guarantee that every result is correct.

11.2 Human oversight. You must review results before using them in important decisions. Results are not legal, medical, financial, tax or other professional advice.

11.3 Transparency. People interacting with a chatbot or agent you deploy must be able to know they are dealing with an AI system, and synthetic content must be identified where the law requires. Unless otherwise agreed, we will configure a notice and you must keep it in place. If you have users in the European Union or other jurisdictions, you must also comply with their transparency rules.

11.4 Your role. For systems you integrate or use in your processes, you decide their purpose and use (implementer), and you are responsible for using them in line with the law, these terms and the documentation provided.

11.5 Prohibited uses. We will not build, and you may not use our services for:

a) deceptively or manipulatively influencing people's decisions, including exploiting their vulnerabilities;

b) creating autonomous lethal capability;

c) mass surveillance without a legal basis or with a disproportionate impact;

d) inferring sensitive data from biometric data, or classifying people in a discriminatory or disproportionate way;

e) real-time biometric identification in public spaces, except for legal exceptions;

f) predicting that a person will commit a crime based on their profile or personality;

g) any other use prohibited by law.

11.6 High-risk uses. You must tell us beforehand and sign specific conditions if the system will be used for, among others: hiring, evaluating or dismissing workers; credit scoring of individuals; assessing children and adolescents in education; access to social programs or health services; clinical guidance; managing critical assets; or decisions that may affect fundamental rights. We may decline these engagements or require measures such as human oversight, record-keeping, documentation and an impact assessment.

11.7 Third-party models. Our services may rely on third-party models, APIs and tools, which may change, fail, become more expensive or stop being available. If that affects your service, we will tell you and propose a reasonable alternative. Third-party usage costs are paid as stated in the Order.

11.8 Training. We do not use your information to train models without your written authorization.

12. Acceptable use

You may not use the website, portal or services to break the law or infringe third-party rights, send spam, distribute malware, gain unauthorized access to systems or data, interfere with their operation, extract data in bulk, impersonate others, or create fraudulent, defamatory, discriminatory or sexually exploitative content.

13. Your content and personal data

You keep your rights to the content you give us and authorize us to use it only to provide the service. You confirm you have the right to provide it.

Our Privacy Policy explains how we process your data. When we process personal data of your customers or users on your behalf:

• you are the controller and must have a legal basis, inform data subjects and comply with applicable rules;
• Nazca Labs acts as processor, follows your documented instructions, applies security measures and maintains confidentiality;
• you authorize the use of the sub-processors named in the Order or project documentation, and we will tell you about changes;
• we will tell you immediately about any security incident we learn of and reasonably help you with data subject requests;
• when the engagement ends, we will return or delete the data. Retention on your behalf will not exceed 2 years from the last engagement, unless a rule requires a different period.

For projects involving third-party personal data, we may sign a specific data processing agreement.

14. Intellectual property

• Our website and portal: the brand, logo, designs, text and software belong to Nazca Labs or its licensors. You may not copy or use them without permission.
• Deliverables: on full payment of the Order, you receive ownership of the transferable economic rights in deliverables custom-made for you, unless the Order says otherwise. Authors' moral rights remain as provided by law.
• Our own tools: we keep components, templates, libraries, methods and general know-how that we already had or that are not specific to your project. If they form part of a deliverable, we give you a non-exclusive, perpetual, worldwide license to use them with that deliverable.
• Third parties and open source: third-party components remain subject to their own licenses.
• AI output: AI-generated output may not be protected by copyright in some countries and could resemble output obtained by others. We do not guarantee its exclusivity or protection. We apply reasonable review, but you must validate trademarks, copyright and other rights before commercial use.
• Portfolio: we will only display your name, logo or project with your authorization.

15. Confidentiality

Each party will protect the other's confidential information, use it only to perform the contract and share it only with staff and providers who need it and are bound to protect it. This does not apply to information that is public, already known, lawfully obtained from third parties or required to be disclosed by law. This obligation lasts 3 years after the contract ends, and for as long as the information remains a trade secret or personal data.

16. Availability

We strive to keep the website and portal available, but they may be interrupted by maintenance, failures or third parties. Any specific service levels must appear in the Order. We will give advance notice of scheduled maintenance that may significantly affect you.

17. Warranties

We provide the services with professional diligence and as offered. If a deliverable has a defect against what was agreed, tell us within 30 calendar days of acceptance and we will fix it at no cost.

This warranty does not cover defects caused by changes made by you or third parties, unintended uses or changes in external services. As a consumer, you keep the legal guarantee of suitability and your other statutory rights. Apart from those rights, we do not guarantee specific business results such as sales, rankings or savings.

18. Liability

For Business Clients, to the extent permitted by law:

• neither party is liable for lost profits, lost opportunities, reputational harm, or indirect or consequential damages;
• Nazca Labs' total liability under each contract is limited to the amount paid for that Order during the 12 months before the event giving rise to the claim.

These limits do not apply to willful misconduct, gross negligence, harm to people's life or physical integrity, or obligations that cannot be limited by law.

For consumers, this section does not limit or exclude the liability the law places on the provider.

We are not responsible for third-party services outside our control, unless we subcontracted them as part of the service, or for decisions taken without the human review described in section 11.

19. Indemnity

A Business Client will hold Nazca Labs harmless from third-party claims caused by content it gave us, by breach of section 11.5 or 12, or by using deliverables unlawfully or outside instructions. Nazca Labs will notify the client of the claim without delay and reasonably cooperate. This section does not apply to consumers.

20. Suspension and termination

We may suspend or close an account, with prior notice where possible, for non-payment, security risk, serious breach of these terms or a use prohibited by law. If the breach can be cured, we will give you at least 10 business days to do so, except in case of immediate risk or legal order.

Either party may terminate an Order for the other's serious breach that is not cured within that period. On termination, you will pay for work performed, we will refund amounts paid but not performed, and you may download or request your information for 30 calendar days, unless the law requires otherwise. Sections that by their nature should continue will survive.

21. Force majeure

Neither party is liable for failures caused by extraordinary, unforeseeable and irresistible events while they last. If the situation exceeds 60 calendar days, either party may terminate the Order and amounts paid but not performed will be refunded.

22. Complaints

If you have a problem, write to hola@nazca-labs.com. As a consumer, you may also file a claim or complaint at that address with the subject "Complaint", without registering or signing in. We will respond within a maximum of 15 non-extendable business days. Filing it does not prevent you from going to INDECOPI or another competent authority.

If you believe an AI system has negatively affected you, you may also go to INDECOPI, Peru's National Authority for Personal Data Protection or another competent authority, and raise an alert through www.gob.pe/iaperu.

23. Governing law and disputes

These terms are governed by the laws of the Republic of Peru.

• Business Clients: the parties will try to resolve any dispute by direct negotiation for 15 business days. Failing that, they submit to the judges and courts of Lima, Peru, unless the Order provides for arbitration.
• Consumers: this does not affect your right to go to INDECOPI, to the competent bodies of your domicile or to the mandatory protections of your country of residence that apply to you.

24. Changes to these terms

We may update these terms. We will post the new version with its date and, for important changes, give at least 15 calendar days' notice. Changes do not alter accepted Orders or their price. They apply to new purchases or, for recurring plans, from the next renewal, with the option to cancel beforehand.

25. Other provisions

• Communications: you agree to receive service notices by email or in the portal.
• Assignment: you may not assign the contract without our consent. We may assign it to a successor company if your rights are preserved and we notify you.
• Subcontracting: we may use qualified staff and providers, and remain responsible to you for their services.
• Severability: if a clause is invalid, the rest remain in force.
• Language: we publish these terms in Spanish and English. If there are differences, the Spanish version prevails, unless mandatory law provides otherwise.

26. Contact

Nazca Labs E.I.R.L., Peru
hola@nazca-labs.com