Terms of Service

1. Service Description

The Finch Club ("the Service") is a digital travel membership card operated by Hekima Labs SL ("we", "us", "our"), a company registered in Spain.

The Service provides tourists visiting Spain with a digital membership card stored in Apple Wallet or Google Wallet, including emergency contacts, consulate information, real-time alerts, local tips, AI-powered travel features, and 24/7 WhatsApp assistance.

2. Membership Tiers and Pricing

We offer two membership tiers:

• Finch Card Basic (€1.99 per trip): digital membership card, emergency contacts, consulate info, robbery reporting guide, WhatsApp assistance 24/7, welcome and farewell notifications.
• Finch Card Gold (€4.99 per trip): everything in Basic, plus a personalized AI city guide, real-time alerts (strikes, weather, closures), daily local tips, location-based safety warnings, menu translator, haggle checker, scam detector, and priority WhatsApp support.

Prices are in euros (EUR) and include applicable taxes. We reserve the right to change pricing with reasonable notice. Price changes do not affect memberships already purchased.

3. Payment Terms

Payments are processed securely through Stripe. By purchasing a membership, you agree to Stripe's terms of service.

Each membership is a one-time purchase valid for a single trip. All sales are final and non-refundable, except where required by applicable consumer protection law. Under EU consumer law, you may have the right to withdraw within 14 days of purchase if you have not yet used the Service. To request a withdrawal, contact us at legal@hekimalabs.com.

4. AI Features Disclaimer

The Finch Club Gold includes AI-powered features such as menu translation, scam detection, price verification, safe walk routing, and city guide generation. These features are provided for informational and entertainment purposes only.

AI-generated content does not constitute professional advice. Specifically:

• Menu translations are approximate and should not be relied upon for allergy or dietary decisions. Always confirm with restaurant staff.
• Scam detection is based on pattern matching and may not identify all scams. Exercise your own judgment in any situation.
• Price checks are estimates based on available data and may not reflect current market rates.
• Safe walk routing is informational only. No route is guaranteed safe. Always stay alert and use common sense, especially at night.
• City guides are AI-generated and may contain inaccuracies. Verify critical information (opening hours, addresses) before visiting.

We are not liable for any decisions made based on AI-generated content. In emergencies, always contact local emergency services (112 in Spain).

5. WhatsApp Support

Our WhatsApp support is available 24/7 via the Twilio Business API. By using this feature, you agree to:

• Receive messages from our WhatsApp number related to your membership, including welcome messages, daily tips, alerts, and responses to your queries.
• Your WhatsApp messages being processed by automated systems (AI-powered responses) and, when necessary, human support agents.
• WhatsApp's own terms of service and privacy policy governing the messaging platform.

You can stop receiving messages at any time by sending "STOP" to our WhatsApp number.

6. Digital Wallet Passes

Your membership card is delivered as a digital pass for Apple Wallet or Google Wallet. By adding the pass, you agree to the respective platform's terms. The pass may be updated remotely to reflect real-time alerts, daily tips, and membership status changes.

7. Intellectual Property

All content, design, branding, logos, and software associated with The Finch Club are the property of Hekima Labs SL and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written consent.

AI-generated content (city guides, translations, recommendations) provided to you as part of the Service is licensed for your personal, non-commercial use only.

8. User Obligations

By using the Service, you agree to:

• Provide accurate and truthful information during registration.
• Use the Service for personal, non-commercial purposes only.
• Not abuse, spam, or misuse the WhatsApp support channel or AI features.
• Not attempt to reverse-engineer, hack, or exploit any part of the Service.
• Not share, transfer, or resell your membership card to others.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" without warranties of any kind, either express or implied.
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content, real-time alerts, or any information provided through the Service.
• Our total liability for any claims arising from the Service shall not exceed the amount you paid for your membership.
• We are not liable for indirect, incidental, consequential, or punitive damages, including loss of data, loss of profit, or personal injury.
• We are not responsible for disruptions caused by third-party services (Stripe, WhatsApp, Google Wallet, Apple Wallet) or events beyond our control.

Nothing in these terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud or gross negligence.

10. Service Availability

We strive to maintain the Service available at all times but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of planned outages.

11. Termination

We reserve the right to suspend or terminate your access to the Service if you violate these terms, abuse the Service, or engage in fraudulent activity. In such cases, no refund will be provided.

You can request account deletion at any time by contacting legal@hekimalabs.com.

12. Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Spain. Any disputes arising from these terms or the Service shall be subject to the exclusive jurisdiction of the courts of Spain.

If you are a consumer resident in the European Union, you also benefit from mandatory consumer protection provisions of your country of residence. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Changes to These Terms

We may update these terms from time to time. Material changes will be communicated by updating the "Last updated" date and, where appropriate, notifying you by email. Continued use of the Service after changes take effect constitutes acceptance of the revised terms.

14. Contact

For questions about these terms, contact us at:

Hekima Labs SL
Email: legal@hekimalabs.com