Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “Client”) and Pachamama Harmony, S.A.P.I. de C.V. (RFC: PHA250218LB4), operating under the brand name DataHooks (“we,” “us,” or “Company”).

By accessing or using our website at https://datahooks.ai, our platform, APIs, or any related services (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Description of Services

DataHooks provides an AI-powered analytics and decision-support platform designed to help direct-to-consumer (D2C) brands evaluate, plan, and execute international market expansion. Our Services include, but are not limited to:

• Connecting to third-party advertising and ecommerce platforms (including Meta Ads, Shopify, Amazon, and others) in read-only mode to retrieve performance data.
• Analyzing advertising performance, unit economics, and market conditions.
• Generating AI-driven insights, dashboards, and actionable recommendations.
• Building and deploying WhatsApp-based conversion flows and localized marketing systems.
• Providing consulting and expert support for market expansion.

3. Eligibility

To use our Services, you must: (a) be at least 18 years of age; (b) have the legal authority to enter into these Terms on behalf of yourself or the entity you represent; and (c) not be prohibited from using our Services under applicable law. By using the Services, you represent and warrant that you meet these requirements.

4. Account Registration

You may be required to create an account to access certain features. You agree to: (a) provide accurate, current, and complete information; (b) maintain the security and confidentiality of your login credentials; (c) promptly update any information that changes; and (d) accept responsibility for all activities that occur under your account.

You must notify us immediately at [email protected] if you suspect unauthorized access to your account.

5. Third-Party Platform Integrations

5.1 Authorization

Our Services allow you to connect third-party platforms such as Meta (Facebook) Ads, Shopify, Amazon, and others. By connecting these platforms, you authorize us to access your account data within the scope of permissions you grant. You represent that you have the authority to grant such access.

5.2 Read-Only Access

For advertising platforms including Meta (Facebook) Ads, our integration operates in read-only mode. This means:

• We retrieve and analyze advertising performance data (impressions, clicks, spend, conversions, and related metrics).
• We do not create, modify, pause, delete, or otherwise alter any campaigns, ad sets, ads, audiences, or account settings.
• We do not make any changes to your ad accounts or billing settings.

5.3 Third-Party Terms

Your use of third-party platforms remains subject to those platforms' own terms of service and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party platform. You acknowledge that third-party platforms may modify their APIs, limit access, or change their terms at any time, which may affect our ability to provide certain features.

5.4 Disconnection

You may disconnect any third-party platform at any time through our platform settings or by contacting us. Upon disconnection, we will cease accessing data from that platform and delete stored data in accordance with our Privacy Policy.

6. Fees and Payment

Certain Services may require payment of fees. Fee structures, billing cycles, and payment terms will be communicated to you prior to any charges and documented in a separate service agreement or order form. Unless otherwise stated:

• All fees are quoted in United States Dollars (USD) unless explicitly stated otherwise.
• Fees are non-refundable except as expressly set forth in the applicable service agreement.
• We reserve the right to modify pricing with at least 30 days' prior written notice.
• Applicable taxes (including Mexican IVA) will be added to fees where required by law.

7. Intellectual Property

7.1 Our Intellectual Property

All content, technology, software, algorithms, models, designs, trademarks, and other intellectual property associated with DataHooks and our Services are and remain the exclusive property of Pachamama Harmony, S.A.P.I. de C.V. or our licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Services as permitted herein.

7.2 Your Data

You retain all rights to your data. By using our Services, you grant us a limited, non-exclusive, revocable license to access, process, and analyze your data solely for the purpose of providing the Services to you. We will not use your data for any purpose other than those described in these Terms and our Privacy Policy.

7.3 Feedback

If you provide suggestions, ideas, or feedback regarding our Services, you grant us an unrestricted, irrevocable, perpetual license to use such feedback for any purpose without compensation or attribution.

8. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to our systems, servers, or any connected third-party platform.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software.
• Resell, sublicense, or redistribute our Services or any data obtained through our Services without our written consent.
• Use the Services to harass, abuse, or harm another person or entity.
• Interfere with or disrupt the integrity or performance of the Services.
• Upload or transmit any malicious code, viruses, or other harmful technology.
• Misrepresent your identity or affiliation with any person or entity.

9. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information received from the other party during the course of using or providing the Services. Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without use of confidential information; or (d) is lawfully received from a third party without restriction.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Services will be uninterrupted, error-free, or secure; (b) any insights, recommendations, or analytics provided will guarantee specific business outcomes; (c) third-party platforms will remain available or compatible with our Services.

Our analytics, AI-generated insights, and recommendations are informational tools designed to support decision-making. They do not constitute financial, legal, or business advice. You are solely responsible for any business decisions made based on information provided through the Services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PACHAMAMA HARMONY, S.A.P.I. DE C.V., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE THOUSAND UNITED STATES DOLLARS (USD $1,000).

12. Indemnification

You agree to indemnify, defend, and hold harmless Pachamama Harmony, S.A.P.I. de C.V. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your breach of any applicable law or regulation.

13. Term and Termination

These Terms are effective from the date you first access or use the Services and remain in effect until terminated. Either party may terminate these Terms at any time by providing written notice to the other party. We may also suspend or terminate your access immediately if we reasonably believe you have violated these Terms.

Upon termination: (a) your right to access the Services ceases immediately; (b) we will delete your data in accordance with our Privacy Policy; (c) any outstanding fees remain due and payable; and (d) Sections 7, 9, 10, 11, 12, 14, and 15 shall survive termination.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Mexico. Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following process:

1. Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation within 30 days of written notice.
2. Mediation: If negotiation fails, the dispute shall be submitted to mediation administered by a mutually agreed-upon mediator.
3. Jurisdiction: If mediation fails, the dispute shall be submitted to the competent courts located in Mexico City (Ciudad de México), and each party irrevocably consents to the exclusive jurisdiction of such courts.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and us regarding the Services.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, government actions, or third-party service disruptions.
• Amendments: We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through our platform at least 30 days in advance. Continued use of the Services after changes take effect constitutes acceptance.

16. Contact Us

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