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Terms of Service

Published version: September 27, 2026 · See applicability below

These Terms of Service (the “Terms”) govern the access to and use of the services provided by ByDomu LLC, a company organized under the laws of the State of Delaware, United States (“Domu”, “we”, “us”) — including the website, web application, mobile apps, APIs and any related product, feature or channel (collectively, the “Services”). By creating an account, subscribing to a plan or accessing the Services, you accept these Terms. If you act on behalf of a legal entity, you represent and warrant that you have sufficient authority to bind it.

Important notice. These Terms contain provisions that limit our liability and require disputes to be resolved by individual binding arbitration (no class actions) where applicable law allows. If you act as a consumer in a jurisdiction that recognizes mandatory rights, you retain those rights at all times: see Section 20.

Table of contents

  1. Definitions
  2. Account and eligibility
  3. Roles: Customer, Authorized Users, Customer Content
  4. Plans, free trial, billing and renewal
  5. Taxes and withholdings
  6. Acceptable use policy
  7. Customer Content and license
  8. Intellectual property
  9. AI features
  10. Electronic signature
  11. Messaging channels and Meta services
  12. Third-party services and integrations
  13. Confidentiality
  14. Privacy and data protection
  15. Availability and support
  16. Suspension and termination
  17. Warranties
  18. Limitation of liability
  19. Indemnification
  20. Governing law and dispute resolution
  21. Changes to the Terms
  22. General provisions
  23. Contact

1. Definitions

  • Customer: the individual or legal entity that contracts the Services.
  • Consumer: a natural person who acquires the Services to satisfy their own, private, family or household needs, per the consumer protection legislation of their jurisdiction (in Colombia, Law 1480 of 2011 Art. 5(3)).
  • Authorized User: employee, contractor or agent of the Customer with access to the Services under credentials associated with its account.
  • End Contact: a natural person (owner, tenant, buyer, bidder, commercial contact, etc.) whose personal data is uploaded or processed by the Customer or its Authorized Users through the Services.
  • Customer Content: content, files, messages, images, contracts, End Contact personal data and any information the Customer or its Authorized Users upload, generate or transmit in the Services.
  • Plan: the bundle of features, limits and price contracted, according to the contracted offering.
  • Free Plan (Freemium): a legacy no-cost offering retained only for eligible accounts under their applicable conditions. It is not the free trial or an offer for new accounts.
  • Free trial: temporary access described in Section 4.2.
  • DPA: Data Processing Agreement available at /legal/dpa.

2. Account and eligibility

  • You must be at least 18 years old and have legal capacity to contract.
  • Registration information must be true, complete and kept up to date.
  • You are responsible for keeping your credentials confidential and for all activity carried out under your account, whether or not authorized.
  • You must notify us without undue delay of any unauthorized access, loss of credentials or reasonable suspicion that your account has been compromised.
  • We may verify your identity, request additional documentation and refuse registrations that violate these Terms or applicable law.

3. Roles: Customer, Authorized Users, Customer Content

The Customer is responsible for the actions of its Authorized Users, for properly configuring permissions, profiles and access, and for maintaining a valid legal basis for the Customer Content uploaded to the Services, including the personal data of End Contacts.

For the purposes of applicable personal data protection law (including the GDPR, UK GDPR, Brazilian LGPD, Colombian Law 1581 of 2012 and equivalent laws), the Customer acts as Controller of the Customer Content, and Domu acts as Processor, processing such data solely on the documented instructions of the Customer and under the DPA. The Customer warrants having obtained the authorizations, consents and legal bases necessary to upload and process Customer Content through the Services.

Authorized Users must comply with these Terms in their individual use of the Services.

4. Plans, free trial, billing and renewal

4.1 Plans

The Services are offered through different Plans with usage limits (users, properties, messages, AI capacity, storage, etc.). The current Plan is shown in your organization settings and can be modified there.

Domu offers monthly and annual modalities. The annual modality is contracted for a twelve (12) month period with a discount on the equivalent monthly price and is paid in advance; it does not give rise to a partial refund for early cancellation, except as provided in Section 4.6 or required by mandatory law.

4.2 Free trial

Eligible organizations may activate a seven (7) day trial of the Profesional plan, without a card, once per organization. The period starts when the trial is activated and its expiration date is shown in the account. Trial-specific limits are shown in the product and may differ from paid subscription limits, including Noa limits.

Starting a trial does not automatically subscribe the Customer or create a charge upon expiration. Continuing operations requires expressly purchasing a plan. A plan may be purchased during the trial, including Profesional even when it is displayed as the current trial plan, or after expiration. The price, billing frequency and start of charges are shown at purchase; remaining trial days are not presumed to postpone a confirmed payment.

If the trial ends without an enabled plan, the account becomes read-only: operational content cannot be created or edited and Noa stops automatic service. Synchronizations may be paused. Available account viewing, plan purchase and support options remain accessible. Expiration does not immediately delete data or guarantee indefinite retention; the Privacy Policy and DPA apply.

The trial is not a permanent free plan. Legacy accounts with a recognized free offering retain their applicable conditions; this provision does not automatically convert them into paying accounts. Connected external services may have their own costs and limits, including during the trial.

4.3 Billing

  • Prices are published on the plans page and are expressed net of taxes, unless expressly stated otherwise.
  • Charges are made in advance for the contracted period (monthly or annual).
  • Payments are processed through Stripe, Wompi or other authorized providers.
  • If a payment fails, Domu may retry the charge, suspend the Services until regularized and/or terminate the account per Section 16.

4.4 Auto-renewal and cancellation

Subscriptions auto-renew for a period equal to the one contracted, at the then-current price, unless cancelled before the renewal date. You can cancel from your account settings or by contacting contact@bydomu.com. Cancellation takes effect at the end of the current billing period.

4.5 Price changes

Domu may modify prices. Changes take effect on the next renewal and will be notified at least 30 days in advance to the email registered on the account.

4.6 Refunds and right of withdrawal

Except as expressly provided in this Section or required by mandatory law, subscriptions are non-refundable, including unused prepaid annual fees, and no partial refunds are granted for unused periods.

Consumers in Colombia (Law 1480 of 2011, Art. 47). If the Customer acts as a Consumer in Colombia, they have a period of five (5) business days from contract execution to exercise the right of withdrawal, without penalty or need to justify, by written notice to contact@bydomu.com. The refund will be processed within thirty (30) calendar days following the request, using the same payment method originally used.

Exception for immediate commencement of the service. The Consumer may expressly request that the Service begin immediately upon subscription. In that case, under the exception in Art. 47 of Law 1480 (“services whose execution has begun with the consumer’s agreement before the deadline expires”), the right of withdrawal becomes unavailable once the Consumer has effectively begun using the Service. This statement is captured by a specific checkbox in the subscription flow and preserved in Domu’s records.

Consumers in the European Union and United Kingdom. The Consumer retains the 14-day right of withdrawal under Directive 2011/83/EU (or its national transposition) and the Consumer Contracts Regulations 2013 (UK), with the same exception for immediate commencement and express consent.

Consumers in other jurisdictions. Mandatory rights recognized by the Consumer’s local law apply.

5. Taxes and withholdings

Prices shown are net of taxes. The Customer is responsible for the payment of any VAT, consumption tax, withholding tax, Industry and Commerce Tax (ICA), sales tax, use tax and any other tax or levy applicable in their jurisdiction when contracting the Services, other than direct taxes on Domu’s income.

Customers in Colombia. Where the Customer is a VAT-responsible party in Colombia under Art. 437 of the Tax Statute, they will assume the 100% self-withholding of the VAT accrued on the Services, per Art. 437-2 number 3 of the Tax Statute (regime applicable to services rendered from abroad). Where the Customer is not VAT-responsible, the tax may be withheld directly by the payment gateway under Decree 1415 of 2018.

If applicable law requires the Customer to apply a withholding on payments to Domu, the Customer will deliver the corresponding withholding certificate to Domu, and except where expressly prohibited by law, amounts paid to Domu will be adjusted so that Domu receives the agreed net amount (gross-up).

6. Acceptable use policy

You agree not to use the Services to:

  • Violate applicable laws, third-party rights or these Terms.
  • Send unsolicited commercial communications (spam) or fraudulent messages, or use the integrated messaging channels (including WhatsApp) without the prior, express and informed authorization of the End Contact recipient, where such authorization is required by applicable law.
  • Upload malware, viruses, malicious code or perform penetration or vulnerability testing without prior written authorization from Domu.
  • Collect, process or transfer personal data without legal basis or without having obtained the authorizations required by applicable law.
  • Impersonate identities, falsify headers or metadata, or generate misleading content.
  • Use the AI features of the Services to make automated decisions with legal or significant effects on End Contacts without substantive human review (see Section 9), or to discriminate against persons on grounds prohibited by law (race, color, sex, gender, gender identity, sexual orientation, religion, national origin, age, disability, marital status, family situation, income, source of lawful income, or other protected criteria).
  • Reverse engineer, decompile, circumvent technical protection measures, or copy the Service to create a competing product.
  • Carry out massive or automated scraping outside the APIs Domu offers for that purpose.
  • Deliberately overload infrastructure or interfere with the availability of the Services.
  • Upload unlawful, infringing, defamatory, discriminatory, sexually explicit content, content that incites violence or that violates the privacy of others.

Breach of this policy may result in immediate suspension or termination of the Services and notification to competent authorities where applicable.

7. Customer Content and license

The Customer retains all rights in the Customer Content. The Customer grants Domu a worldwide, non-exclusive, royalty-free, sublicensable (to listed subprocessors) license, limited in duration to the lifetime of the account, to host, store, copy, transmit, display and process such content for the sole purpose of providing, maintaining, securing and improving the Services, providing support and complying with legal obligations. This license terminates when the Customer’s account is closed, except for rotating backups whose deletion is governed by Section 11 of the Privacy Policy and except for retention obligations imposed by law.

The Customer is solely responsible for the legality, accuracy, quality and right to use Customer Content, for obtaining the necessary consents, authorizations and legal bases, and for complying with any information obligations to End Contacts required by applicable law.

8. Intellectual property

Domu and its licensors retain all rights in the Services, their software, source and object code, marks, designs, interfaces, documentation, internally trained models, aggregated and de-identified data, and any improvement, modification or derivative work of the Services. These Terms do not transfer any intellectual property to the Customer.

Suggestions, ideas, comments or feedback that the Customer sends to Domu may be freely used by Domu without obligation of compensation, attribution or confidentiality toward the Customer.

9. AI features

Domu integrates AI-powered features, including, without limitation, the Noa conversational assistant, auto description generation, contact-to-property suggestion and matching and conversation summaries (the “AI Features”). The outputs of the AI Features may be inaccurate, incomplete, biased or not appropriate for all use cases.

Customer obligations. The Customer accepts and undertakes to:

  • Review the outputs before making professional, commercial or legal decisions based on them.
  • Maintain substantive human review in any workflow where an AI Feature evaluates, classifies, recommends or produces information about an End Contact that may affect them significantly (e.g., approval or rejection of a tenancy or purchase prospect, commercial prioritization, communications segmentation). Human review must be real and meaningful, not merely formal: the Authorized User must have the authority to override the suggestion and the practical ability to do so.
  • Not use the outputs as the sole basis for decisions producing legal or significant effects on an End Contact, nor to discriminate on protected categories (see Section 6).
  • Not upload to the AI Features confidential or sensitive information that the Customer is not authorized to process through those Features.
  • Inform the End Contact of the use of AI Features where required by applicable law (in particular, GDPR Art. 13–15 and Art. 22; LGPD Art. 20; Law 1581 and equivalents), including the right to request human intervention, express their point of view and contest decisions.

AI providers. AI Features are delivered through external providers (currently Anthropic, OpenAI and Google) under the commercial terms applicable to their APIs. Per those terms and the privacy policies published by such providers, content submitted to their APIs is not used to train their foundation models. Providers may temporarily retain content for abuse and security monitoring (typically up to thirty days) before deleting it. Customers requiring specific zero data retention configurations or other additional restrictions may contact us to evaluate availability.

No warranty as to outputs. Domu does not warrant that the outputs of the AI Features are accurate, complete, error-free, non-infringing or fit for a particular purpose. The Customer assumes the risk of their use.

Regulatory flag. Certain uses of AI systems may be subject to Regulation (EU) 2024/1689 (“EU AI Act”) and equivalent regulations. The Customer is responsible for assessing the applicability of such rules to their use of the AI Features in their jurisdiction and, where applicable, for complying with the transparency, impact assessment and human oversight obligations corresponding to their role as deployer or user of the system.

10. Electronic signature

The Services may allow the electronic generation and signing of contractual documents (mandates, tenancy agreements, authorizations, etc.) by means of simple electronic signature mechanisms (click, OTP, email or phone validation).

Express agreement of the parties. The Customer, its Authorized Users and the End Contacts who use Domu’s electronic signature mechanism expressly accept that such electronic signature will have full legal and evidentiary value between the parties, per Decree 2364 of 2012 (Colombia), Regulation (EU) 910/2014 (eIDAS), the Uniform Electronic Transactions Act (US) and equivalent applicable rules, and constitutes sufficient proof of the manifestation of will and integrity of the signed document.

Traceability. Domu will retain reasonable evidence of the signing process (signer identifier, IP address, timestamp, authentication method, signed document hash), which will be available to the Customer as evidence as long as the document remains hosted on the Services.

Limitations. The simple electronic signature mechanism described here is not equivalent to a certified digital signature under Law 527 of 1999 and Decree 333 of 2014. For legal acts that require a certified digital signature or notarial intervention, the Customer must use external mechanisms. Domu is not responsible for the use of the electronic signature mechanism for legal acts whose validity requires additional formalities.

11. Messaging channels and Meta services

The Services integrate messaging channels and services of Meta Platforms, Inc. (“Meta”): WhatsApp, through Meta’s WhatsApp Business Platform (Cloud API), to which Domu connects directly, without intermediary providers; Messenger and Facebook Pages; Instagram (professional accounts); and Meta’s Marketing API for the ads the Customer creates from Domu. They also integrate other channels, such as email and SMS.

The Customer connects its own Meta accounts (WhatsApp number, Page, Instagram account and ad account) and remains their owner. Ad spend is billed by Meta directly to the Customer; Domu does not buy or resell media. The Customer may disconnect these accounts at any time; the processing of data received from Meta is described in the Privacy Policy.

Customer obligations as sender. The Customer is the sole responsible party for the content of messages sent through the Services and, in particular, represents and warrants that:

  • It has obtained the prior, express and informed authorization of the End Contact recipient to receive communications through the relevant channel, per applicable law (in Colombia, Law 1581 of 2012 and the Superintendence of Industry and Commerce’s opinions on WhatsApp marketing; in the EU, GDPR + ePrivacy; in the US, TCPA and CAN-SPAM where applicable).
  • It offers the recipient a clear, free and permanent mechanism to revoke that authorization (opt-out).
  • It complies with the WhatsApp Business Messaging Policy and applicable Meta policies, including content restrictions, 24-hour customer service windows, use of pre-approved templates (HSM) and proper message categorization (Marketing, Utility, Authentication, Service).
  • It complies with the Meta Platform Terms and Meta’s Messenger, Instagram and advertising policies, and does not use data received from Meta through the Services to decide a person’s eligibility for housing, a rental, credit, employment or insurance, or to discriminate against them.

Liability. The Customer will indemnify and hold Domu harmless from claims, administrative or judicial sanctions, fines or losses arising from messages sent without the required authorization or in violation of Meta policies or applicable law.

Suspension. Domu may suspend message sending from the Customer’s account without prior notice upon reasonable signals of non-compliance, high block rate, spam reports or Meta or authority requirement.

12. Third-party services and integrations with external systems

12.1. Adoption and scope. The Customer may operate in Domu or complement its existing CRM with the contracted Domu and Noa features. Connecting a system does not require migrating the entire operation or cancelling that system. Only connectors, objects, fields, actions and modes available to the account and Plan are included. One-time imports, recurring synchronization and outbound publication are separate features. Connecting a CRM does not imply two-way synchronization or access to all its features.

12.2. Authorization. By enabling an integration through an Authorized User with the appropriate permissions, the Customer instructs Domu to access and process the data covered by that feature according to its configuration, these Terms and the DPA. The Customer must be entitled to connect the account and use the data, photographs and other content, and must obtain the required authorizations and lawful bases. Holding credentials or importing a contact does not establish consent to receive marketing communications.

12.3. Source data and work in Domu. With inbound inventory connectors, the external system supplies synchronized fields and subsequent syncs may update those fields in Domu. The Customer should correct them at their source where applicable and review statuses, results and errors before use. Notes, visits and deals created in Domu are not sent to the source CRM merely by connecting inventory. Wasi contact import is inbound to Domu: it does not write to Wasi or mirror changes or deletions made in Domu. Outbound or publishing features require activation of the corresponding feature; they are not implied by an import.

12.4. Frequency, quality and limits. Synchronization is not necessarily instantaneous. It depends on configuration, credentials, permissions, both platforms’ limits and API availability. Delays, rejected records, unsupported fields, inaccessible images or outdated information may occur. Noa uses the information available in Domu; a connection does not guarantee real-time awareness of price or availability changes in the external system. The Customer should verify relevant information before confirming commercial terms with third parties. Complete historical imports or backups of the entire source system are not guaranteed.

12.5. Credentials and disconnection. The Customer must protect its credentials and revoke or renew compromised permissions. It may disconnect through available controls or request assistance. Disconnection stops future synchronization for that connection; it does not cancel either platform’s subscription or itself request deletion of previously imported data. For Wasi, EasyBroker and Tokko Broker inventory connectors, linked properties that are active or reserved are marked inactive in Domu on disconnection. Retained records remain subject to the Privacy Policy and DPA’s retention and deletion rules. The Customer should review the operational consequences before disconnecting.

12.6. External terms and costs. Third-party services are subject to their own terms, policies, subscriptions and fees. Unless expressly agreed, Domu’s price does not include external licenses, API access or other provider charges. API changes, restrictions or interruptions may affect a connector. Domu does not control those services or guarantee their continuity, but remains responsible for its own service and data-processing obligations. Connector availability does not imply affiliation, representation or endorsement by the external provider.

12.7. Data protection. Imported data forms part of Customer Content. Domu processes it under documented instructions, the DPA and the Privacy Policy. A CRM selected and contracted by the Customer does not become a Domu subprocessor merely by being connected. Each participant’s roles and responsibilities depend on its actual processing and applicable agreements. This section does not expand authorized purposes or limit mandatory data-subject rights or Domu’s legal responsibilities.

13. Confidentiality

Each party will treat the other’s confidential information with the same care it applies to its own confidential information, not less than a commercially reasonable standard, and will use it solely for the purposes of these Terms. The obligation lasts as long as the information retains its confidential character. Information will not be deemed confidential where: (i) it is or becomes public without fault of the receiving party; (ii) the receiving party already knew it without a confidentiality obligation; (iii) it is independently developed without use of the confidential information; or (iv) it must be disclosed under a legal or judicial mandate, in which case the receiving party will notify the other where legally permitted.

14. Privacy and data protection

Domu’s processing of personal data is governed by the Privacy Policy and, with respect to Customer Content, by the Data Processing Agreement (DPA).

Incorporation of the DPA by reference. For Customers acting as Controller with respect to personal data subject to the GDPR, UK GDPR, LGPD, Colombian Law 1581 of 2012, CCPA/CPRA or equivalent regimes, the DPA available at the above URL is incorporated by reference and forms an integral part of these Terms, even where not physically signed. The Customer may request a counter-signed copy of the DPA by writing to contact@bydomu.com, without thereby modifying the provisions herein.

15. Availability and support

Domu will use commercially reasonable efforts to maintain a high availability of the Services. Except as expressly agreed otherwise in an individual service level agreement (SLA), the Services are provided without a numeric guaranteed availability level.

The following events do not constitute unavailability attributable to Domu: (i) scheduled maintenance, preferably with prior notice; (ii) emergency maintenance; (iii) outages of infrastructure, connectivity or third-party service providers; (iv) force majeure events; (v) cyberattacks not attributable to Domu’s gross negligence; (vi) acts or omissions of the Customer or its Authorized Users.

Enterprise plan Customers may negotiate a specific SLA, with uptime commitments and, where applicable, service credits, in an individual annex signed by the parties. Absent such annex, there are no service credits.

Support is provided via email and, in higher plans, through additional channels documented on the plans page or in the individual agreement.

16. Suspension and termination

Termination by the Customer. The Customer may terminate their account at any time from the settings. Cancellation takes effect at the end of the current billing period. The annual modality does not give rise to a partial refund, except as provided in Section 4.6.

Suspension and termination by Domu. Domu may suspend or terminate access to the Services, in whole or in part, without need for prior judicial declaration, if: (i) the Customer materially breaches these Terms and does not cure within fifteen (15) days of a written request from Domu, where the nature of the breach allows cure; (ii) the Customer’s use puts the security, integrity or availability of the Services at risk; (iii) there are legal, judicial or regulatory reasons to do so; (iv) the Customer’s account remains inactive for an extended period (no less than twelve months for active paid accounts, no less than six months for Free Plan accounts); (v) for risk of fraud, money laundering or prohibited use under Section 6.

Effects of termination. Upon termination: (i) the Customer’s access to the Services will cease; (ii) the Customer may export Customer Content for thirty (30) days, except where prohibited by law or upon fraud suspension; (iii) after such period, Domu will delete Customer Content per Section 11 of the Privacy Policy, except for rotating backups and legal retention obligations.

Surviving clauses. Provisions that by their nature should survive termination will do so, including, without limitation: definitions, accrued taxes, intellectual property, confidentiality, limitation of liability, indemnification, governing law and dispute resolution.

17. Warranties

Except where prohibited by mandatory law, the Services are provided “as is” and “as available”. Domu expressly disclaims all express or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, satisfactory quality, title and non-infringement. Domu does not warrant that the Services will be uninterrupted, error-free, secure against every attack, or that they will meet the Customer’s specific expectations.

Consumers. If the Customer acts as a Consumer, they retain the mandatory minimum warranties recognized by applicable law, which are not affected by this clause.

18. Limitation of liability

To the maximum extent permitted by applicable law:

  • Exclusion of indirect damages. Domu will not be liable for indirect, incidental, special, punitive, exemplary or consequential damages, loss of profits, revenues, savings, data, goodwill, business opportunities or use, or for costs of acquiring substitute services, even if advised of their possibility and even if a limited remedy fails of its essential purpose.
  • Aggregate liability cap. Domu’s total aggregate liability arising out of or relating to these Terms, the Services or the DPA, for any cause, will not exceed the amount actually paid by the Customer to Domu during the twelve (12) months preceding the event giving rise to liability. For Free Plan Customers, that cap will be one hundred United States dollars (USD 100).

Exceptions to the limitation. The above limitations will not apply to: (i) the Customer’s payment obligations; (ii) breaches of Section 8 (intellectual property) by the Customer; (iii) indemnification obligations; (iv) liability for willful misconduct, fraud or gross negligence; (v) liability that cannot be excluded or limited under applicable mandatory law.

Consumers. If the Customer acts as a Consumer in a jurisdiction that prohibits or limits these exclusions (e.g., mandatory rights of the Colombian Consumer Statute, EU Warranty Directive, Consumer Rights Act in the UK), the limitations will apply to the maximum extent permitted and will not affect the Consumer’s mandatory rights.

19. Indemnification

By the Customer. The Customer will indemnify, defend and hold Domu, its affiliates, directors, employees, contractors, agents and licensors harmless from any claim, demand, sanction, loss, cost or expense (including reasonable attorneys’ fees) arising from: (i) Customer Content; (ii) use of the Services in breach of these Terms, the DPA or applicable law; (iii) infringement of third-party rights (including IP, privacy or personality rights) by the Customer or its Authorized Users; (iv) lack of authorization or legal basis to process End Contact personal data; (v) sending of communications (including WhatsApp) without the authorization required by law.

By Domu. Domu will defend the Customer against third-party claims alleging that the Services (in their version not modified by the Customer, used as documented and per these Terms) infringe a third party’s intellectual property rights, subject to: (i) timely notice of the claim; (ii) reasonable cooperation from the Customer; (iii) exclusive control of the defense and any settlement by Domu. Domu may, at its option, modify the Service to avoid infringement, obtain a license, or terminate the service with a pro rata refund of prepaid fees.

20. Governing law and dispute resolution

General regime (B2B Customers). These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The parties will first submit any controversy to a good-faith process for thirty (30) days.

If the dispute persists, it will be finally resolved by binding arbitration administered by JAMS or an equivalent forum, in Delaware, in English or Spanish at the claimant’s election, under the applicable commercial rules. The parties expressly waive participation in class, group or representative actions, to the extent permitted by law. Either party may seek provisional or IP protective relief from a court of competent jurisdiction.

Consumers — non-waivable forum. If the Customer acts as a Consumer, the above clauses do not apply where they would deprive them of mandatory rights of their jurisdiction. In particular:

  • Consumers in Colombia: may bring proceedings before the competent courts of their domicile under Art. 56 of Law 1480 of 2011, or file a complaint with the Superintendence of Industry and Commerce (SIC). These rights are non-waivable.
  • Consumers in the EU: may bring proceedings before the courts of the Member State of their domicile under Regulation (EU) 1215/2012 (Brussels I bis), and the mandatory consumer protection law of that Member State will apply.
  • Consumers in the United Kingdom: retain rights under the Consumer Rights Act 2015 and the jurisdiction of the courts of their domicile.
  • Consumers in other jurisdictions: retain the mandatory rights and forum recognized by local law.

21. Changes to the Terms

Domu may modify these Terms. We will publish the current version with its effective date at www.bydomu.com/legal/terminos. If the changes are material (including, without limitation, substantial changes to Customer rights, pricing, data processing policy or dispute resolution), we will notify you by email or prominent notice in the Services at least fifteen (15) days before they take effect.

If you do not agree with material changes, you may terminate your account before they take effect, with a right to a pro rata refund of unused prepaid fees corresponding to the period after the effective date of the change. Continued use of the Services after the effective date implies acceptance.

22. General provisions

  • Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy, the DPA (where applicable) and any order or annex signed by the parties, constitute the complete agreement between the parties and prevail over prior agreements, communications or understandings on the same subject.
  • Assignment. The Customer may not assign these Terms without Domu’s prior written consent. Domu may assign these Terms, in whole or in part, in corporate transactions, merger, acquisition, restructuring or sale of assets.
  • Severability. If a clause is declared invalid, illegal or unenforceable by a competent authority, the remaining clauses will remain fully in force and the affected clause will be interpreted to the maximum extent permitted by law.
  • Waiver. Failure to exercise or delay in exercising a right does not imply a waiver of the right to enforce it in the future.
  • Force majeure. Neither party will be liable for breaches arising from events outside its reasonable control, including, without limitation, natural disasters, armed conflicts, pandemics, acts of authority, outages of critical infrastructure providers or massive cyberattacks.
  • Notices. Notices to Domu will be sent to contact@bydomu.com; notices from Domu will be sent to the email registered on the Customer’s account.
  • Languages. These Terms are published in Spanish and English. In case of discrepancy between versions, the Spanish version prevails when the Customer is domiciled in Latin America or Spain, and the English version in the other cases. The foregoing without prejudice to applicable mandatory law.
  • Relationship between the parties. No partnership, joint venture, agency, representative mandate or employment relationship exists between Domu and the Customer. Each party acts as an independent contractor.
  • No third-party beneficiaries. These Terms do not create rights in favor of non-signing third parties, except as expressly stated.

23. Contact

ByDomu LLC
Complex Llanogrande, L7 primer piso, Rionegro, Antioquia, Colombia
US registered agent: Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, USA.
Email: contact@bydomu.com
Phone: +57 314 203 1119