Legal
By accessing and using spicyflujo.com and engaging Spicy Flujo (the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Services. Your access to and use of the Services constitutes your acceptance of these Terms, regardless of whether you have signed a separate written agreement.
These Terms govern all interactions between you and Spicy Flujo relating to the Services, including any Statement of Work ("SOW"), proposal, estimate, or engagement letter issued by Spicy Flujo, except where a separate written agreement expressly supersedes these Terms. In the event of a conflict between a separate written agreement and these Terms, the separate written agreement controls solely with respect to the matters it expressly addresses.
Spicy Flujo is a meta-technology provider specializing in workflow automation, system integration, and technical consultation. Services may include, without limitation:
The specific scope, deliverables, timelines, and fees for any engagement will be defined in a SOW, proposal, or other written agreement. Any services not expressly described in a written agreement are not included in the engagement.
Spicy Flujo determines fees and engagement structures on a case-by-case basis. Depending on the scope and nature of an engagement, fees may be structured in one or more of the following ways:
Where Spicy Flujo provides an estimate, that estimate is based on the information available at the time and is not a guaranteed fixed price unless expressly stated as such in writing. Any material change in scope, client-provided materials, third-party access, or technical complexity may result in a revised estimate or additional charges.
Invoices will be issued in the currency and on the schedule specified in the applicable SOW or agreement. Unless otherwise agreed in writing, invoices are payable within fifteen (15) days of the invoice date. Accepted payment methods will be specified in the invoice or agreement. Late payments may accrue interest or a late fee as specified in the applicable agreement, or, where none is specified, at a rate permitted by law.
Spicy Flujo reserves the right to suspend or terminate the delivery of Services, including any ongoing workflows or support, if any invoice remains unpaid beyond the due date and any applicable grace period stated in the agreement. Any suspension or termination for non-payment does not relieve the Client of the obligation to pay amounts already due.
In order for Spicy Flujo to deliver the Services effectively and in a timely manner, the Client agrees to:
Delays, inability, or failure to provide any of the above may result in delays, increased cost, reduced scope, or inability to deliver the Services, for which Spicy Flujo shall not be liable.
Unless otherwise expressly stated in a written agreement, Spicy Flujo retains all right, title, and interest in and to:
Where a deliverable is created specifically for a Client and full payment has been received, the Client is granted a non-exclusive, non-transferable, perpetual license to use the deliverable for the Client's internal business operations, subject to the terms of the applicable agreement. No other rights are granted by implication, estoppel, or otherwise.
The Client retains all right, title, and interest in and to its own data, business processes, branding, and pre-existing materials, subject to the Client's obligations under these Terms and any applicable agreement.
Both parties agree to hold in confidence, and not to disclose to any third party, any proprietary information, trade secrets, business strategies, customer data, technical information, credentials, or other confidential information disclosed in connection with the Services ("Confidential Information"). Confidential Information includes, without limitation, API keys, access tokens, system access details, workflow logic, and business data shared for the purpose of the engagement.
Confidential Information does not include information that: (a) is or becomes publicly available through no breach by the receiving party; (b) was already lawfully known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the disclosing party is given reasonable notice where legally permitted.
The obligations in this Section survive the end of the engagement for so long as the information remains confidential.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, SPICY FLUJO DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION:
The Client acknowledges that automation workflows and integrations depend on third-party platforms, APIs, credentials, data sources, and network connectivity, many of which are outside Spicy Flujo's control. Spicy Flujo does not warrant that any workflow will execute without error or that any integration will continue to function as originally configured indefinitely.
The Services may involve, depend on, or interact with third-party platforms, services, APIs, and infrastructure, which may include, without limitation, automation platforms (such as n8n and similar tools), cloud hosting providers, messaging and communication services, AI or large-language-model providers, SaaS applications, and payment or notification services.
Spicy Flujo is not responsible for, and makes no representation or warranty regarding, the availability, functionality, security, pricing, terms of service, or continued operation of any third-party platform or service. Any changes to a third-party platform's terms, pricing, API behavior, availability, or functionality may affect, alter, interrupt, or render inoperable any workflow or integration Spicy Flujo has built, and Spicy Flujo shall not be liable for any such effect.
The Client acknowledges that some third-party platforms may be subject to their own terms of service, privacy policies, usage limits, and costs, and that the Client is responsible for ensuring its use of such platforms complies with those terms. Where Spicy Flujo configures or operates workflows that involve third-party platforms on the Client's behalf, the Client remains responsible for the lawful and compliant use of those platforms and for any accounts, credentials, or subscriptions required to operate them.
Unless expressly stated in a written agreement, Spicy Flujo does not provide any service level agreement, uptime guarantee, performance commitment, or availability guarantee with respect to the Services, any workflow, or any integration. The Client does not rely on any expectation of continuous, error-free, or uninterrupted operation as a basis for any business decision.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, SPICY FLUJO'S TOTAL AGGREGATE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR ANY AGREEMENT BETWEEN THE PARTIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY THE CLIENT TO SPICY FLUJO FOR THE SPECIFIC SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL SPICY FLUJO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, GOODWILL, OR ANTICIPATED SAVINGS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SPICY FLUJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, LOSS OF USE, INABILITY TO USE THE SERVICES OR ANY WORKFLOW OR INTEGRATION, AND ANY LOSS ARISING FROM OR RELATED TO THE UNAVAILABILITY, MISOPERATION, OR TERMINATION OF ANY THIRD-PARTY PLATFORM OR SERVICE.
THE FOREGOING LIMITATIONS APPLY EVEN IF SPICY FLUJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Spicy Flujo shall not be liable for any failure or delay in the performance of the Services (other than a failure to pay amounts due from the Client) to the extent such failure or delay is caused by events beyond Spicy Flujo's reasonable control, including, without limitation: acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil disturbance, government action, seizure, embargo, or failure of infrastructure or telecommunications networks.
For the avoidance of doubt, and without limiting the generality of the foregoing, Spicy Flujo shall not be liable for any failure, interruption, degradation, or termination of any workflow, integration, notification, message, or other Service output that results from any action, decision, restriction, suspension, termination, revocation, or change by any third party, including, without limitation, any platform, service provider, API provider, messaging provider, or app store or distribution platform. This includes, without limitation, any action taken by Meta, WhatsApp, or any related entity or service, including any suspension, restriction, downgrade, revocation, or termination of access to, or eligibility for, any WhatsApp Business Platform feature, API, phone number, message template, or other capability (whether for policy, compliance, quality, performance, or any other reason), with or without advance notice.
The Client acknowledges and agrees that:
A party's obligations under these Terms shall be suspended during the period of any such force majeure or third-party event to the extent the event prevents that party from performing, and the affected party shall use reasonable efforts to resume performance as soon as reasonably practicable. However, where the event consists of a third-party platform's action that disrupts a Client's workflow, Spicy Flujo's obligations to maintain or continue that specific workflow are suspended for so long as the disruption persists and for a reasonable period thereafter, and the Client acknowledges that restoration may not be possible on the same basis as before.
Any engagement for the Services is subject to the term and termination provisions of the applicable written agreement. In the absence of a written agreement specifying otherwise:
These Terms and any agreement between the parties shall be governed by and construed in accordance with the laws of the Republic of Panama, without giving effect to its conflict-of-law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any agreement between the parties shall be subject to the exclusive jurisdiction of the courts of the Republic of Panama, and both parties hereby submit to the jurisdiction of such courts. The parties irrevocably waive any objection to such jurisdiction or venue.
The Client agrees not to use the Services, any deliverable, or any workflow, integration, or output in any manner that:
Spicy Flujo may, at any time and for any reason or no reason, refuse to provide or continue any Service, workflow, or integration, and may disable or remove any workflow or access where it reasonably determines such action is necessary for security, legal, or operational reasons.
Spicy Flujo reserves the right to update or modify these Terms at any time. Changes will be effective upon posting to this page, unless a different effective date is stated. Your continued use of the Services after any such change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
For any questions about these Terms, please contact:
Spicy Flujo
Email: contact@spicyflujo.com
Panama