# Terms of Service

Version: 1.0.4 - Effective: 21 October 2026

## The short version

- Luca is a business tool for coaches, creators, and experts aged 18 or older. It isn't for consumers.
- Luca replies to your leads on its own (auto-send), which is on by default for every channel. You can switch any channel to review at any time, so each reply waits for your approval. You're responsible for the messages sent from your accounts and for having your leads' consent.
- Your leads may be talking to an AI. Where the law requires them to be told, you must tell them, and you must never present Luca as a human.
- Follow the rules of every platform you connect: Meta, Telegram, and the others.
- Subscriptions renew until you cancel. Your plan sets the price, billing interval, and monthly reply allowance. Prices are in US dollars and exclude taxes. We never charge overages: when you hit your limit, Luca stops replying until your allowance resets, you upgrade, or you buy a reply pack.
- You keep the rights in your content. We process it only to run the service, under our [Privacy Policy](/privacy) and [Data Processing Agreement](/dpa).

## 1. The agreement

These terms are an agreement between you and **SetLuca, LLC**, a United States limited liability company (2810 North Church Street, Wilmington, DE 19802, US; Delaware file number 10724331; [support@setluca.com](mailto:support@setluca.com)). "Luca" means the app, website, API, MCP server, and related services. "You" means the business that uses Luca and the person accepting for it.

You accept these terms when you create an account and tick the box that says you agree, or when you use Luca. If you accept for a business, you confirm you have authority to bind it. Our [Privacy Policy](/privacy) explains how we handle personal data, and our [Data Processing Agreement](/dpa) (DPA) forms part of these terms and governs how we process your leads' data for you.

## 2. Business use only, and eligibility

You must be at least 18 years old, and you must use Luca for your trade, business, craft, or profession. Luca isn't offered to consumers. Because you're a business customer, consumer protection rules, including the EU 14-day right of withdrawal for distance contracts, don't apply to your subscription. When you sign up, you confirm you're acting for your business.

Keep your account details accurate and your sign-in credentials safe. Connect only accounts you own or are authorized to manage. Tell us promptly if you suspect unauthorized access.

Workspace owners are responsible for inviting members and assigning appropriate roles. Members must act within their authority. Permission to view a workspace doesn't automatically authorize purchases or changes to connected accounts. You're responsible for what your members do in your workspace.

## 3. What Luca does, and what's still on the way

Luca reads messages people send to your connected channels, drafts replies in your voice, sends them or holds them for your review, follows up, runs campaigns and broadcasts you set up, and books calls. Ask Luca is an in-app assistant that answers your questions about your own workspace; it doesn't message leads.

Channel availability: **Telegram, Instagram, and Messenger are live. WhatsApp is coming soon.** HubSpot, GoHighLevel, and iClosed integrations are in progress and not available. We describe the current status of each on our website.

Luca doesn't import your past conversations when you sign up. There is one exception. When you connect an Instagram professional account or a Facebook Page for Messenger, Luca reads that account's recent conversations once, through Meta's official API, only to learn how you write. It keeps only your own past replies, as writing-style samples, and discards your leads' messages. It reads again if you reconnect the account. We keep the samples while the channel is connected. Disconnecting the channel deletes them, and so does deleting your account or contacting [support@setluca.com](mailto:support@setluca.com). Otherwise they're deleted 30 days after your plan ends. Our [Privacy Policy](/privacy) explains exactly what is read and kept.

Features we label beta, preview, coming soon, or in progress may change, stay limited, or never ship. Don't rely on them for anything critical. We provide beta features as-is, and the app may show extra terms for them.

## 4. Messages, automatic replies, and review

Luca can reply to messages automatically, send messages you approve, and run workflows you configure. **Auto-send is on by default for every channel you connect. You can switch any channel to review in Settings at any time, and Settings always shows which mode each channel is in.** When auto-send is on, Luca may send replies from your accounts before you read them. In review, replies wait for your approval. Luca may still hold an individual reply for your review, for example when a message is flagged urgent.

**Instagram comment campaigns always send automatically.** When someone comments with your campaign keyword, Luca posts the public reply and sends the private reply that you wrote for that campaign. These are never AI-written, and they don't wait for review, whatever your channel setting.

Enabling an automation, broadcast, follow-up, or booking flow can also authorize later sends without reviewing each message. Each of these has its own settings and limits.

Check the reply settings for each channel you connect. Review the recipients, content, timing, and account before activating a workflow. **You are responsible for the messages sent through your accounts, including automatic replies,** and for the claims they make, including prices, availability, and promised results. Keep the offers, prices, and facts in your profile accurate; Luca drafts from them.

Pausing or disconnecting can't recall a message a platform has already accepted. A platform may delay or reject a message, or leave its delivery unclear. Check the recorded outcome in Luca before you send again.

## 5. Your leads, consent, and AI disclosure

**You're the controller of your leads' data.** You decide which accounts to connect and how to use Luca with the people who message you. You must:

- have a lawful basis for processing your leads' personal data, and their consent where the law or a platform requires it, including for follow-ups, broadcasts, and marketing messages;
- tell your leads how you use their data, including that you use Luca and AI to handle messages, through your own privacy notice (GDPR Arts. 13 and 14 where they apply);
- honor opt-outs and requests from your leads, and pass to us any request you need our help with;
- for each Telegram bot you connect, publish a privacy policy that covers your use of Luca and register it with Telegram through @BotFather (Telegram's standard bot policy doesn't cover storing messages or processing them with AI);
- comply with the [Data Processing Agreement (DPA)](/dpa), including its rules for health and other special-category data.

**AI disclosure.** People who message you may be interacting with an AI system. You must not present Luca, or replies it writes, as coming from a human where the law requires people to be told they're interacting with AI, including under Article 50 of the EU AI Act, and you must not tell a lead they're talking to a human when they aren't. If a lead sincerely asks whether they're talking to a person or a bot, the answer must be truthful. Luca is open about being AI: it never claims to be a person, and if a lead asks whether they're talking to an AI, it says so. You're still responsible for any disclosure the law or a platform requires (for example in your bot description, your profile, or your first message).

## 6. Acceptable use

Use Luca only where you have the permissions and consent needed for the communication. An earlier message or comment doesn't authorize every later promotion. You must not use Luca to:

- send spam, unsolicited bulk messages, or messages to people who haven't contacted you, commented, or opted in;
- buy, scrape, or import contact lists to message;
- harass, threaten, deceive, or discriminate against anyone;
- impersonate any person or business, or pretend that AI replies come from a human (see section 5);
- make false or misleading claims about your offers, prices, results, or health outcomes;
- offer medical, psychological, legal, or financial advice that requires a licence you don't have;
- collect or process minors' personal data or regulated medical records, upload those records, request them through a workflow, or connect an inbox for that purpose;
- send unlawful content, or infringe anyone's intellectual property, privacy, or other rights;
- bypass messaging windows, rate limits, access controls, or platform restrictions, or use Luca to send faster or more often than a platform allows;
- probe, overload, or attack Luca or its providers, reverse engineer it except where the law allows, or access other customers' data;
- resell or white-label Luca without our written agreement.

If you discover prohibited data in a workspace, stop using it for that purpose and contact us for help removing it.

Luca isn't an emergency service or a substitute for medical, legal, or other qualified professional advice. If a lead appears to be in crisis, respond yourself and point them to emergency services.

## 7. Platform rules

Each platform you connect has its own rules, and breaking them can get your account restricted by that platform. You must follow them, including:

- **Meta (Instagram, Messenger, WhatsApp):** the Meta Platform Terms, Developer Policies, Messenger and Instagram messaging policies, Instagram Community Guidelines, and, for WhatsApp, the WhatsApp Business Messaging Policy. In particular, free-form replies are allowed only within **24 hours** of the person's last message, unless an approved exception applies. Luca doesn't support Meta's Human Agent extension. WhatsApp outside the window requires approved templates and opt-in.
- **Telegram:** Telegram's Terms of Service and Bot Platform rules, including the privacy-policy requirement in section 5. Bots can only message people who started a chat with them.

Connected platforms control their own permissions, availability, and delivery rules. They may change or remove features, reject messages, review or suspend accounts, or revoke Luca's access. We can't guarantee uninterrupted platform access or that every message will be delivered, and we may need to change or switch off features to follow a platform's rules. Some features require separate platform approval or charges (WhatsApp messages are billed to you by Meta). Your Luca subscription doesn't grant permissions a platform hasn't approved.

## 8. AI output

AI-generated content can be inaccurate, incomplete, out of date, or unsuitable. Luca checks drafts for some problems, such as made-up prices or the wrong language, but no check is perfect. Review important facts and decisions before relying on them. AI output may resemble output given to others, so exclusivity isn't guaranteed. Luca doesn't guarantee leads, sales, bookings, or any business result.

## 9. Fees, trials, and usage

**Plans.** Luca is sold in plans sized by monthly replies: Starter ($99/month, 1,250 replies), Pro ($249/month, 4,000 replies), and Scale ($499/month, 8,500 replies), billed monthly or annually as shown on our [pricing page](/pricing) and at checkout. Prices are in US dollars and exclude taxes.

**Trials.** Every plan starts with a 7-day free trial, and a payment card is required at signup. Cancel before the trial ends to avoid the first charge. Check the trial end, price, currency, and billing interval shown at checkout.

**Renewals.** Subscriptions renew automatically for the monthly or annual interval you chose until cancelled. Annual subscriptions are charged for the whole year in advance. We email the account owner at least 14 days before an annual renewal.

**Reply allowance.** Your plan includes a monthly number of replies. A reply is one message Luca writes together with the message it answers, so we count it as two messages, and the allowance counts messages, not people or conversations. It resets each UTC calendar month, including on annual plans. Unused replies don't roll over. We warn you before you reach the limit. **When you reach your plan's reply limit, Luca stops replying until your allowance resets on the 1st of the next UTC month, you upgrade, or you buy a reply pack. We don't charge overages.** A reply pack costs $29 for 500 extra replies. It adds capacity for the UTC calendar month you buy it in and doesn't carry over. Ask Luca has its own allowance, and Ask Luca packs carry over as described on the pricing page.

**Taxes.** Prices exclude applicable taxes, such as VAT or sales tax. Where they apply, they're added at checkout and shown before you pay. If you're a business in the EU and give a valid VAT ID, we apply the reverse charge where applicable, and you account for the VAT yourself.

**Price changes.** We may change prices for future billing periods. We'll tell you by email at least 30 days before a change applies to you, and you can cancel before it does.

**Plan changes and failed payments.** A plan change may change your charge, allowance, or access; review the effective date and any prorated charge or credit before confirming. If payment fails, we'll retry and tell you, and we may restrict access while the balance is unpaid. Cancellation stays available.

## 10. Cancellation and refunds

Cancel at any time through Luca's cancellation flow. The confirmation tells you when access ends. Normally, access continues until the end of the period you paid for. An immediate cancellation, including an eligible grace refund, ends access sooner.

The cancellation flow offers a grace refund within 72 hours of the latest qualifying paid subscription invoice, when fewer than 80 messages (40 replies) have been used since that invoice. It can cover the first paid charge after a trial or a renewal. Review the eligibility and amount shown before confirming.

Outside the grace refund, fees are non-refundable, including for annual plans and unused reply packs, except where we decide otherwise case by case or the law requires a refund. Contact [support@setluca.com](mailto:support@setluca.com) about a billing error. Cancelling doesn't by itself delete your workspace or clear an unpaid balance.

## 11. Developer API, MCP server, and webhooks

You can use our REST API, MCP server, and webhooks with API keys you create. When you do:

- keep keys secret, give each the narrowest scope that works, and rotate any key you think is exposed; you're responsible for activity under your keys;
- respect rate limits and documented usage; don't use the API to get around plan limits or platform rules;
- a connected AI assistant (such as Claude or ChatGPT through MCP) acts for you and is your provider, not ours. It can do only what its key allows. By default that's reading your workspace and leaving drafts. If you give it a wider scope, it can also send messages to leads, book calls, or launch broadcasts, and you're responsible for those actions as if you took them yourself;
- verify webhook signatures, and secure the endpoints that receive Luca data. Data you send outside Luca is your responsibility;
- we may change or retire API features. We'll give at least 30 days' notice before removing a documented endpoint, except where a security, legal, or platform issue requires faster change.

## 12. Your content and our rights

You keep the rights you hold in content you provide. You give SetLuca permission to host, copy, transmit, and process that content as needed to provide the service and carry out your instructions. This doesn't transfer ownership of your content to SetLuca. We don't use your content to train AI models shared with other customers.

You must have the rights and lawful basis needed to provide the content and instruct us to process it. A workspace's access to a conversation doesn't override another person's privacy or intellectual-property rights.

SetLuca keeps its rights in Luca's software, designs, and materials. Your subscription lets you use the service; it doesn't transfer those rights. If you send us feedback, we may use it without obligation to you. We may use aggregated, de-identified service metrics (such as message volumes or error rates) that don't identify you, your leads, or your content, to run and improve Luca.

## 13. Privacy and data protection

Our [Privacy Policy](/privacy) explains how we handle personal data as a controller. For your leads' data, we act as your processor under the [Data Processing Agreement (DPA)](/dpa), which forms part of these terms. If they conflict on processing of your leads' data, the DPA wins. If a security breach affects your data, we'll tell the account owner within 48 hours of confirming it.

## 14. Availability and support

We work to keep Luca available and fast, but we don't offer a service level agreement or an uptime guarantee. Luca depends on platforms and providers outside our control, and we may need maintenance, which we'll try to schedule at quiet times. Support is by email at [support@setluca.com](mailto:support@setluca.com).

We may change Luca, add or remove features, or change how features work. If we remove a major paid feature of your plan, we'll tell you at least 30 days in advance where we can (a platform or legal change can force faster action). If you don't want to continue without it, you can cancel and we'll refund, pro rata, the prepaid fees for the rest of your billing period.

## 15. Suspension and termination

We may restrict or suspend access, a channel, or a feature for a serious breach of these terms, nonpayment, unlawful use, a security risk, or a risk to a connected account or platform (for example, a platform warning about messaging behavior). Where practical and lawful, we'll explain the reason, give notice, and let you fix the problem or export your data first. We may act immediately where delay creates a safety risk or conflicts with legal or platform requirements. Tell us if you believe a restriction is mistaken.

You can stop using Luca and cancel at any time. We may end these terms for convenience with 30 days' notice and a refund of any prepaid fees for the unused period. Ending access doesn't cancel obligations or rights that arose before termination.

## 16. Export and deletion after your plan ends

- **Export window.** For 30 days after you cancel, you can download your conversation history from Luca as a JSON file, or ask us at [support@setluca.com](mailto:support@setluca.com) for an export of your workspace data (or use the API while access lasts).
- **Deletion.** When you close your account, we delete your account data. You can also ask us to delete data earlier. Copies in backups and logs expire on the schedule our [Privacy Policy](/privacy) lists.
- We keep invoices and records we must keep by law, as our [Privacy Policy](/privacy) explains.

## 17. Disclaimer of warranties

Luca is provided "as is" and "as available". To the fullest extent the law allows, SetLuca disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that Luca will be uninterrupted, error-free, or that AI output will be accurate. Some jurisdictions don't allow certain disclaimers, so some of this may not apply to you.

## 18. Limitation of liability

To the fullest extent the law allows:

- SetLuca isn't liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, leads, goodwill, or data, or for actions by connected platforms (including account restrictions), even if we were told they were possible;
- SetLuca's total liability for all claims relating to Luca or these terms is limited to **the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or US$100**.

These limits don't apply to: your payment obligations; your indemnity obligations under section 19; liability for fraud, gross negligence, or wilful misconduct; or any other liability that can't be limited by law.

## 19. Indemnity

You'll defend and indemnify SetLuca, its members, and staff against claims, fines, losses, and costs (including reasonable legal fees) arising from: messages sent from your accounts, including automatic replies and campaigns; your leads' data and your lack of a lawful basis, consent, or required notice; your breach of these terms, the DPA, or a platform's rules; or your content. We'll tell you promptly about a claim, let you control the defense (you won't settle in a way that admits fault for us without our consent), and cooperate at your cost.

## 20. Changes to these terms

We publish revised terms here with a new version and date. When a change materially affects your rights, we email the account owner at least 30 days before it takes effect, and we may ask you to accept the new version in the app. If you don't agree, you can cancel before the change takes effect. Changes don't remove rights that can't lawfully be excluded.

## 21. Governing law and disputes

These terms, and any dispute about them or about Luca, are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to them. The UN Convention on Contracts for the International Sale of Goods doesn't apply.

Before filing a claim, each party will first try to resolve the dispute in good faith by email for 30 days. Either party may still seek urgent injunctive relief in any competent court.

This choice doesn't take away protections that the law of your country applies regardless of the parties' choice. The DPA's Standard Contractual Clauses have their own governing-law and court clauses, as the DPA explains.

## 22. General

- **Assignment.** You may not transfer these terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition, or sale of assets, and we'll tell you.
- **Force majeure.** Neither party is liable for delays or failures caused by events beyond reasonable control, including platform outages or policy changes, internet or hosting failures, attacks, natural events, or government action. This doesn't excuse payment obligations.
- **Entire agreement.** These terms, the DPA, the Privacy Policy, and any order or plan details shown at checkout are the whole agreement about Luca, and replace earlier agreements on the same subject.
- **Severability and waiver.** If a provision is unenforceable, the rest stays in effect. Not enforcing a provision isn't a waiver.
- **Notices.** We send notices to the account owner's email address, and a notice counts as received when we send it. You send notices, including notices about data protection, the DPA, or a security incident, to [support@setluca.com](mailto:support@setluca.com).
- **Independent parties.** Nothing here creates a partnership, employment, or agency relationship.
- **Sanctions and export.** You confirm you aren't subject to sanctions that would prohibit us from serving you, and you won't use Luca in breach of export or sanctions laws.
- **Language.** These terms are written in English. If we provide a translation, the English version prevails, unless the law requires otherwise.
- **Survival.** Fees you owe, and sections 12, 16, 17, 18, 19, 21, and 22, continue after these terms end, along with any other term that by its nature should.

## 23. Contact

For support, billing, privacy, data deletion, or anything else, including questions about these terms, contact [support@setluca.com](mailto:support@setluca.com).

Read the [Privacy Policy](/privacy), the [Data Processing Agreement (DPA)](/dpa), and [pricing](/pricing).