Legal

Terms and Conditions of Service

heymaia® - Last updated: January 2026

1. General Information

These Terms and Conditions (hereinafter, “Terms”) regulate the provision of professional web development, custom software development, and automation services offered by heymaia® (hereinafter, “THE PROVIDER”), a registered trademark operated by Israel Santiago, with tax address in Tijuana, Baja California, Mexico.

By contracting any service from heymaia®, the client (hereinafter, “THE CLIENT”) accepts these Terms and Conditions in their entirety.

2. Services Offered

heymaia® offers the following services:

2.1 Web Design

Professional websites for small businesses, including:

Professional service business websites
Digital portfolios
Online stores (ecommerce)
Booking and appointment systems

2.2 Product Engineering

Development of custom software platforms and mobile applications (iOS/Android), including:

Administration panels and dashboards
Real-time functionality
Payment integrations
Native and cross-platform applications

2.3 Platform Development

Backend infrastructure and systems architecture, including:

Custom APIs (REST, GraphQL)
System integrations
Communication automations
Cloud database systems

2.4 AI Automations

Automation of repetitive tasks through artificial intelligence, including:

Intelligent document processing
Automated email handling
Text summarization and content analysis
AI-powered chatbots and virtual assistants

2.5 Technical Rescue

Repair and recovery of existing systems, including:

Code reviews and audits
Performance optimization
Security fixes
Technical consulting
Recovery of abandoned or failed projects

Each service has specific conditions detailed in the corresponding sections of these Terms.

3. Nature of the Business Relationship

3.1 Service Provision Relationship

The relationship between heymaia® and THE CLIENT is strictly commercial and involves independent professional services. This agreement does not create any employment relationship between THE CLIENT and heymaia®‘s personnel, collaborators, or subcontractors, nor does it constitute a partnership, association, or mutual representation of any kind.

3.2 heymaia®‘s Responsibility

heymaia® fully assumes the obligations, acts, and omissions of its team and subcontractors in the execution of services, except in cases of force majeure or fortuitous events. Under no circumstances may these responsibilities be transferred to THE CLIENT.

3.3 Exoneration of THE CLIENT

THE CLIENT shall not be liable for labor, tax, social security, or any other obligations that heymaia® has with its work team. THE CLIENT has no employer responsibility toward heymaia® or its collaborators.

3.4 Operational Autonomy

THE CLIENT has no right to demand any fixed work schedule. heymaia® and its team will work under their own times and convenience, committing only to meet agreed-upon dates to the extent possible.

4. Contracting Process

4.1 For Web Design

Initial request: THE CLIENT presents their needs and objectives.
Quote: heymaia® sends a detailed quote with scope, costs, and timelines.
Acceptance: THE CLIENT reviews, accepts the quote, and confirms in writing.
Contract: A specific contract is signed between both parties.
Initial payment: THE CLIENT makes the first payment as agreed.
Execution: Development begins according to the established schedule.

4.2 For Product Engineering and Platform Development

The software and platform development process requires greater depth and consists of the following stages:

Requirements Gathering: The necessary sessions (minimum two) will be held to thoroughly understand the project needs. This process may extend depending on system complexity.
Cost Estimation: Once requirements are understood, heymaia® will provide a fee estimate. This estimate includes exclusively development costs and DOES NOT include:
- Third-party software licenses
- External API costs
- Servers and hosting
- Payment tools
- Developer accounts on App Store or Google Play
- Any additional expenses outside of professional fees
Timeline Estimation: An estimated schedule for MVP (Minimum Viable Product) delivery will be provided. This estimate:
- Is not a guarantee of exact date
- May be extended or shortened according to actual progress
- Includes a buffer margin of approximately 2 months
- Is subject to no last-minute changes in requirements
Contract Signing: Every project is formalized through a contract signed by both parties before starting any work.
Iterative Development: Development will be conducted in two-week cycles with progress deliveries.

4.3 For AI Automations

Initial diagnosis: Identification of processes to automate and current tools.
Technical proposal: heymaia® presents automation options and their costs.
Scope definition: Flows to automate and expected results are agreed upon.
Contract: A specific contract is signed between both parties.
Implementation: Development and integration of automations.
Training: Basic training for use of implemented tools.

4.4 For Technical Rescue (Existing Projects)

When THE CLIENT has a previously started software project (by themselves or third parties) and requires continuity, correction, optimization, or recovery, the following conditions will apply:

Project Analysis:
- Minimum analysis time: 2 weeks
- This analysis has a cost that must be covered in advance
- Analysis includes: review of existing code, documentation of current state, technical debt identification, security assessment, and viability evaluation
Post-Analysis Quote:
- Once analysis is complete, heymaia® will generate a quote for required work
- If THE CLIENT decides not to proceed, the analysis fee will NOT be refunded
- If THE CLIENT decides to proceed, 40% of the analysis cost will be discounted from the final project cost

5. Payments and Invoicing

5.1 Payment Method

Currently accepted payment methods are bank transfer and cash. Card payment and payment link are coming soon and are not yet enabled. Banking details will be provided in the specific contract for each project.

5.2 Currency

All amounts are expressed in United States dollars (USD), unless otherwise indicated. If payment is made in Mexican pesos (MXN), the exchange rate used will be Banxico’s (Bank of Mexico) official published exchange rate in effect on the day payment is made.

5.3 Payment Structure

For Web Design:

As agreed in the specific contract (generally: deposit, demo delivery, and final delivery)

For Product Engineering and Platform Development:

Mandatory initial payment: A payment of 20% of the total project cost is required before starting any work
Biweekly payments: The remaining 80% will be divided among the total estimated weeks, with corresponding payments made every two weeks
Progress deliveries: Each biweekly payment will be associated with a project progress delivery
Payments and deliveries will be mutually agreed upon at project start

For AI Automations:

Depending on complexity: single payment or payments per implementation phase

For Technical Rescue:

Analysis: payment in advance before starting
Repair/optimization work: as agreed in the post-analysis quote

5.4 Invoicing

The invoice will be issued only if THE CLIENT requests it. In that case, the corresponding VAT (16%) will be added to the payment amount.

Important restriction: The invoice request must be made within the same calendar month in which payment was made. If THE CLIENT requests an invoice in a different month than the payment, it will not be possible to generate said invoice under any circumstances.

5.5 Consequences of Late Payment

In case of late payment by THE CLIENT:

Development will be paused until pending payment is received
No additional monetary penalties will be applied
Delivery time will be extended proportionally to pause days

6. Modifications and Scope Changes

6.1 Additional Changes

Any functionality, feature, or modification not contemplated in the originally agreed scope:

Will be quoted separately
Will affect project delivery times
Must be approved by both parties before implementation

6.2 Last-Minute Changes

Requirement changes made in advanced project stages can significantly affect delivery times and may require renegotiation of costs and deadlines.

7. Delays and Contingencies

7.1 Delays by heymaia®

In case of development delay for any reason:

THE CLIENT will be informed of the delay reason
The proposed solution will be communicated
A new schedule will be established
No penalties will be applied to either party

7.2 Learning Curve

There will be cases where the development team does not have prior knowledge of some specific technology, methodology, or tool required for the project. In these cases:

It will be heymaia®‘s responsibility to research, learn, and resolve the situation
This may affect delivery times
There will be no penalties for either party for this concept

7.3 Features Not Delivered on Date

If any committed functionality is not delivered on the scheduled date:

Nothing additional will be charged to THE CLIENT
There will be no penalties
It will be heymaia®‘s responsibility to complete said functionalities, however long it takes
Maximum priority will be given to completing pending functionalities as soon as possible, above other projects or tasks

8. Product Delivery

8.1 Delivery Condition

Under no circumstances will the final product be delivered until THE CLIENT has settled the entire debt. This includes:

Source code
Server access
Technical documentation
Administration credentials
Any other project deliverable

8.2 Repository Access Restriction

Under no circumstances will THE CLIENT, any member of their team, collaborators, or third parties hired by THE CLIENT be granted access to source code repositories during project development.

This restriction exists because repository access allows complete source code download, which:

Compromises project integrity
Violates established payment conditions
Exposes heymaia® to contract breach risks

Source code will be delivered only upon project completion and once total payment is settled, through means that heymaia® deems appropriate (compressed backup, repository transfer, etc.).

8.3 Deliverables

Upon project completion and receipt of full payment, heymaia® will deliver:

All agreed functionalities according to approved requirements
Functional version free of known errors
Basic system documentation
Necessary access credentials
Code and/or website backup (when applicable)

9. Warranty and Post-Delivery Support

9.1 Warranty Period

heymaia® offers 30 days of free support following final project delivery, which exclusively includes:

Bug and functionality error correction
Minor adjustments derived from development errors

9.2 Warranty Exclusions

The warranty DOES NOT cover:

Addition of new functionalities
Design or structure changes
Problems caused by third-party modifications
Problems derived from incorrect system use
Incompatibilities with third-party software updates

9.3 Bug Registration

For software development projects, THE CLIENT will receive access to a dashboard (similar to Trello) where bugs found must be registered. No bug that is not properly registered in said dashboard will be addressed.

10. Service Cancellation

10.1 Cancellation by THE CLIENT

If THE CLIENT decides to cancel the service before completion:

Must cover the expense corresponding to work performed up to the cancellation moment
Additionally, must pay a 25% additional on said amount as compensation for early cancellation
No refunds of payments already made will be issued

10.2 Cancellation by heymaia®

If heymaia® cancels the service without justified cause:

Must refund any unearned payment
Will deliver progress made up to that moment

10.3 Termination Due to Lack of Communication

THE CLIENT’s absence: If THE CLIENT does not respond or provide necessary information for more than 14 business days without justification, heymaia® may terminate the contract. To reactivate the project, THE CLIENT must cover a fee of 20% of the total cost.
heymaia®‘s absence: If heymaia® does not communicate progress for more than 14 business days, THE CLIENT may suspend the project and will receive a 20% discount on the remaining balance to continue.

11. AI Automation Services

11.1 Special Considerations

For AI Automation services that require the use of artificial intelligence models:

THE CLIENT will cover the costs of required AI model APIs (OpenAI, Anthropic, Google AI, etc.)
heymaia® will advise on the best options available according to use case
API costs are independent of development and implementation fees
API consumption may vary according to automation usage volume

11.2 Third-Party Tools and Services

For all services requiring external tools (automations, integrations, platform development):

THE CLIENT is responsible for contracting and paying for necessary tools (n8n Cloud, Make, Zapier, email services, etc.)
heymaia® can recommend options, but the final decision is THE CLIENT’s
Third-party subscription and service costs are not included in fees

11.3 Responsibility for Third-Party Costs

heymaia® is not responsible for:

Price changes in APIs and third-party tools
Changes in availability or terms of service
Usage limits or throttling imposed by external providers
Updates that affect compatibility of existing integrations

12. Intellectual Property

12.1 Rights Transfer

Once full project payment is completed:

Intellectual property of the project as a whole is transferred to THE CLIENT
THE CLIENT will have full ownership of the final product
THE CLIENT may use, modify, and distribute the product freely

12.2 Exclusions

Property transfer DOES NOT include:

Open source or third-party libraries used (which maintain their own licenses)
Components, templates, or plugins with their own licenses
Public tools and frameworks

12.3 Portfolio Use

heymaia® reserves the right to:

Show the project as part of its professional portfolio
Mention THE CLIENT as a heymaia® client
Use screenshots or project demonstrations for promotional purposes

This DOES NOT include sharing source code or confidential project information.

12.4 Similar Projects

heymaia® maintains total freedom to work on similar projects or with clients in the same commercial sector, without this constituting a conflict of interest.

13. Confidentiality

13.1 heymaia®‘s Commitment

heymaia® commits to:

Maintain absolute confidentiality about all technical, commercial, and business information shared by THE CLIENT
Not disclose trade secrets, internal processes, or THE CLIENT’s work methodologies
Not share THE CLIENT’s information with other clients, even if projects are similar or in the same sector

13.2 Confidential Information

The following is considered confidential information:

Data that is not in the public domain
Information delivered under privacy expectation
Accounting, financial, and commercial data
THE CLIENT’s customer databases and records
Business strategies and commercial plans
Technical credentials and access

13.3 Duration

The confidentiality obligation will be maintained indefinitely, even after termination of the commercial relationship.

14. Non-Solicitation Clause

14.1 Restriction

THE CLIENT commits not to contact, hire, or attempt to hire, directly or indirectly, any member of heymaia®‘s work team who participated in their project, during:

The entire project development time
5 years following final project delivery

14.2 Communications

All requests and communications must be made directly with heymaia® or in groups where all parties participate (heymaia® team, THE CLIENT, and heymaia® owner).

14.3 Payments

Only the heymaia® owner is authorized to receive payments from THE CLIENT. No other team member, collaborator, or subcontractor has authorization to receive money on behalf of heymaia®. All payments must be made exclusively to bank accounts officially provided in the contract.

14.4 Consequences of Breach

Breach of this clause will imply:

Payment of compensation for damages
Immediate service cancellation without refund
Possible additional legal actions

15. External Contracts and Documents

15.1 Exclusivity of heymaia® Terms

heymaia® will not sign under any circumstances contracts, agreements, terms and conditions, or any other legal document provided by THE CLIENT. All commercial relationships will be governed exclusively by:

These Terms and Conditions
heymaia®‘s own contracts specific to each project
Annexes and quotes issued by heymaia®

15.2 Right to Decline Projects

If THE CLIENT does not agree with heymaia®‘s terms and conditions project contracting on signing their own legal documents, heymaia® has full authority to decline the project without need for additional justification.

15.3 No Refund of Deposits for Declination

In case heymaia® declines a project due to THE CLIENT’s insistence on imposing their own contractual terms:

If THE CLIENT already made any advance payment, will not have the right to request its refund
This advance will be considered as compensation for time invested in negotiations and project preparation
THE CLIENT accepts this condition when making any payment prior to signing the definitive contract

15.4 Invalidity of External Terms

Any contract, agreement, or document signed by heymaia® under pressure, error, or ignorance, containing clauses or penalties different from those established in these Terms, will be considered null and void in everything that contradicts these Terms and Conditions.

16. Official Communication Channels

16.1 Authorized Media

Official communications between heymaia® and THE CLIENT will be conducted through:

Email
WhatsApp
Telegram
Slack (when applicable)
Project dashboard (for bug registration and tracking)

16.2 Communication Validity

Notifications sent through any of these media will be considered valid from the moment of sending.

16.3 Service Hours

General service hours are Monday through Friday, from 9:00 AM to 6:00 PM (Tijuana, Baja California time). However, this does not obligate heymaia® to respond immediately within that schedule.

17. Limitation of Liability

17.1 Scope

heymaia® will not be responsible for:

Indirect, incidental, or consequential damages
Loss of profits, data, or use
Damages caused by misuse of delivered product
Problems derived from modifications made by third parties
Failures in third-party services (hosting, APIs, etc.)

17.2 Maximum Liability

In any case, heymaia®‘s total liability will not exceed the total amount paid by THE CLIENT for the project in question.

18. Dispute Resolution

18.1 Negotiation

The parties agree that any controversy arising from these Terms will be resolved first through direct and good faith negotiation between both parties.

18.2 Conciliation

If no agreement is reached through negotiation, conciliation will be sought with headquarters in Tijuana, Baja California, Mexico.

18.3 Jurisdiction

If not resolved through conciliation, the parties expressly submit to the jurisdiction of the judges and courts of the city of Tijuana, Baja California, Mexico, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

18.4 Applicable Law

These Terms will be governed and interpreted in accordance with the laws in force in the State of Baja California, Mexico.

19. General Provisions

19.1 Severability

If any provision of these Terms is considered invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.2 Waiver

Failure to exercise any right by heymaia® will not constitute a waiver thereof.

19.3 Entire Agreement

These Terms, together with the specific contract for each project and its annexes, constitute the complete agreement between the parties.

19.4 Modifications

heymaia® reserves the right to modify these Terms at any time. Modifications will take effect for new projects or service renewals.

19.5 Precedence

In case of conflict between these general Terms and a specific project contract, what is established in the specific contract will prevail.

20. Contact

For any inquiries related to these Terms and Conditions:

heymaia®

Email: [email protected]
Phone: +52 1 664 318 8306
Location: Tijuana, Baja California, Mexico

By contracting heymaia® services, THE CLIENT declares having read, understood, and accepted these Terms and Conditions in their entirety.