What you agree to with us when you use the platform

1. Who provides the service

The service is provided by Monstruo Creativo S.A.C. (Peruvian tax ID, RUC, 20609563258), based in San Isidro, Lima, Peru. In this text we are “we”, “us” or “Monstruo Creativo”. Wixy is the platform we offer at wixy.app and in your account’s panel; you are “the client” or “you”.

2. Acceptance

By creating an account, signing in to it or using the service, you accept these terms and the privacy policy. If you act on behalf of a company, you confirm you have the authority to bind it. If you disagree with anything that follows, don’t use the service, and write to us.

To hold an account you must be of legal age and have the legal capacity to enter into a contract.

3. What the service is

Wixy is a platform for creating, managing and publishing websites and online stores. Your website is real code, the files of a theme, which consumes the content you manage from your panel. That code can be changed by your team, by ours, or by an artificial intelligence model you describe the change to. Every change is a version: you see it in a preview, publish it or discard it, and you can go back to an earlier version.

The plans, what each one includes and their prices are on Pricing and form part of these terms. Everything the panel does can also be done through our API, with the same permissions.

4. Your account and your users

• Your account details must be accurate and kept up to date. You’re responsible for your password and for everything done with your session. If you suspect access that isn’t yours, let us know as soon as possible.
• You can invite users to your client with different roles (owner, editor, author) and decide who can use AI design and who can publish. Whatever your users do counts as done by you.
• A user can belong to several clients. A client’s owner manages only the users who belong solely to that client; the rest are managed by our team.
• To support you, our team can sign in to your account as your owner user for at most one hour, with a permanent notice on screen and an audit entry on the way in and on the way out. While inside, they can’t create API keys or change passwords, and any change they make is logged under their name, not yours.

5. Plans, prices and payment

5.1 The Free plan

The Free plan includes one site at yourname.wixy.app, blocks, forms, SEO and 50 AI credits a month. It’s free forever: it isn’t a trial that expires, and we don’t ask for a card. The subdomain is ours, and we assign it to you for as long as you use the service.

5.2 Paid plans

• Prices are shown in US dollars, per month, and don’t include the taxes that apply in your country. They’re charged in advance and renew automatically every month until you cancel.
• You can upgrade or downgrade whenever you like, from the panel or by writing to us. An upgrade applies immediately; a downgrade applies at the next cycle. If you downgrade to a plan that doesn’t include something you use (the online store or a custom domain, for example), that part is unpublished until you return to a plan that includes it.
• You can cancel whenever you like. The service stays active until the end of the period you’ve already paid for, and the next one isn’t charged. We don’t refund periods already started, unless the law requires it or the fault is ours.
• If we change a price, we’ll email you at least thirty days in advance. If you disagree, you can cancel before it takes effect.
• If a charge fails, we’ll let you know and retry it. If it isn’t resolved, your client moves to the Free plan: your content and your history are kept, and whatever exceeds that plan is unpublished.

5.3 No transaction fees

We never take a percentage of your online store’s sales, on any plan. Your payment gateway’s fees belong to the gateway, and you pay them to the gateway directly.

5.4 The Agency plan

The Agency plan includes unlimited clients and five published sites; each additional published site costs 15 US dollars a month. A site counts as published while it has a published version on a domain, yours or ours.

6. AI credits

• A credit is the unit that measures use of artificial intelligence: AI design and the SEO assistant draw from the same balance.
• The credits included in your plan are granted at the start of each monthly cycle and don’t carry over to the next. Credits bought separately are kept.
• Before each request the cost is estimated and that balance is reserved. Afterwards it’s settled against actual usage and the difference is refunded. If your balance isn’t enough, the request isn’t made and you’re told how much is missing.
• A failure on our side is never on your bill. If the proposal fails our validation, if our policy rejects it, if the model declines or cuts off halfway, or if the proposal produces no change at all, nothing is applied and every credit for that request is refunded.
• Credits aren’t refunded for a change that was applied and you didn’t like: that’s what the preview, discard and rollback are for, and they cost no credits.
• With no balance, your published site stays published, your history and your preview are still there, and the SEO analysis keeps working. It only stops generating new changes until the next cycle or until you buy more credits.
• There are usage limits per minute, per day and per user, depending on the plan, and one generation at a time per client. Credits aren’t money: they can’t be transferred between clients or redeemed.

7. AI design: what it can and can’t do

• The AI writes code for your site’s theme within the allowed folders. There is a blocklist written into the platform’s code, above any setting, that no request can lift: the checkout, the SEO <head>, form submission and validation, secrets, and anything that isn’t your site.
• The AI doesn’t create content types or fields, and it doesn’t write your content: titles, copy, prices and products are changed from the panel, by a person.
• Nothing is published unless you, or one of your users with permission, publishes it. Reviewing the preview before publishing is your responsibility. Depending on your plan, publishing may go through our team’s approval.
• The code a model generates may not be the design you had in mind. What we guarantee is that it doesn’t touch the forbidden areas, that a change that doesn’t compile or fails validation isn’t applied, and that you can always go back to the previous version.
• What you type in a request is stored alongside its version and in the audit trail. Don’t include passwords, keys or other people’s personal data in a request.
• We use third-party providers of artificial intelligence models with our own credentials; you don’t receive or need any key. We may change provider or model without changing these terms. What is sent to the provider is described in the privacy policy.

8. Your content, your code and your website

• What you upload to the platform (text, images, products, forms, the submissions you receive) is yours. You grant us a limited license, for as long as you use the service, to host it, process it, serve it on your site, back it up and send it as context to the AI provider when you request a change.
• You warrant that you have the right to use what you upload and the domain you connect, and that it infringes nobody’s rights.
• Theme customizations made by you, by your team or by the AI at your request are yours.
• The base theme, the platform core, the panel, the API and the infrastructure are ours. We license their use to you while the service is active. If you take your site with you, you take what’s needed to build it outside Wixy, and you can keep using it for your own site.
• Managed, not held hostage. At any time you can take your content and your media through the API, and your theme code with its version history through the platform’s command line. If you ask, we put the full package together for you. If you leave, you take it with you.
• Improvements we make to the base theme reach the pieces you haven’t customized. A customization of yours is never overwritten: if the base changes, you’re notified and you decide.

9. Online store and your customers’ payments

• In your store, the seller is you. We aren’t a party to the sale and we don’t intermediate the payment.
• You contract your payment gateway (Culqi, Mercado Pago, Stripe or another we offer) directly with them, under their conditions and fees. Their credentials are stored encrypted in our core and never leave it.
• Invoicing your customers, taxes, receipts, shipping, returns and customer support are your responsibility, and you must publish your own policies on your site.
• The price charged is the one stored in your catalog at the time of purchase, never the one the buyer’s browser sends. Stock is deducted when the order is confirmed and returned if the order is canceled.

10. Forms and third-party data

With forms you collect data from your visitors. Toward them, the controller is you: you must tell them what you collect it for, ask for consent when required and honor their rights. We process that data on your behalf, as a processor, and only to provide you the service: the panel lets you view, export and delete it. Exporting and deleting submissions is logged in the audit trail.

11. Acceptable use

You may not use the service to:

• publish content that is illegal, or that infringes other people’s intellectual property, image or privacy rights;
• process personal data without a legal basis, or collect data from minors without authorization;
• send unsolicited email, impersonate others, distribute malicious software or deceive visitors;
• attempt to access another client’s data, bypass the isolation, the sandbox limits or any security measure, or deliberately overload the platform;
• resell the service or manage third parties’ websites as a business without a plan that allows it (the Agency plan).

If we detect any of these uses, we may remove the content, unpublish the site or suspend the account, notifying you unless urgency or the law prevents it.

12. Availability, maintenance and backups

• We do what’s reasonable to keep the service continuously available, but we don’t guarantee one hundred percent availability. When there’s scheduled maintenance, we’ll notify you in advance whenever possible.
• We back up the database and the file store. The published version of your site and the one before it are never archived, whatever your plan’s retention says.
• A failed build never touches your published site. If a newly published version fails to serve, the platform rolls back to the previous one on its own and writes it into your history.
• We may improve, change or retire features. If we retire something you use, we’ll give you reasonable notice.

13. Suspension and closure

• We may suspend your client for non-payment, for breach of these terms, for a risk to other clients or to the platform, or under a legal requirement. A suspended client is unpublished; its content and history are kept.
• You can close your account whenever you like. When you do, your site is unpublished and you have thirty days to take your content, your code and your history, through the API and the command line or by asking us for the package. After that, we delete your data, except what the law requires us to keep (billing records and the publishing and payment audit trail, for example).

14. Warranties and liability

• The service is provided as is. We don’t guarantee specific results: not sales, not search rankings, and not that an AI-generated design will be the one you expected.
• We aren’t liable for indirect damages or lost profits, and our total liability toward you is limited to the amount you’ve paid us in the twelve months before the event giving rise to it.
• Nothing above limits liability the law doesn’t allow to be limited, in particular in cases of willful misconduct or gross negligence, or the rights you have as a consumer.

15. Wixy’s intellectual property

The Wixy name, its logo, the platform software, the base theme and this website belong to Monstruo Creativo S.A.C. You may not copy them, modify them, reverse-engineer them or use them outside the service, except as clause 8 expressly allows. If you send us suggestions about the product, we may use them with no obligation to you.

16. Personal data

How we handle your data, what we store, who hosts it and how you exercise your rights is in the privacy policy. Which cookies we use, and which we don’t, is in the cookie policy.

17. Changes to these terms

We may change these terms. If the change is significant, we’ll notify you by email or in the panel at least thirty days in advance. If you keep using the service after that date, you accept the new terms; if you disagree, you can cancel before then. The date of the last update is at the top of this page.

18. Governing law and jurisdiction

These terms are governed by the laws of the Republic of Peru. For any dispute, the parties submit to the courts of Lima, Peru, unless the law grants you another venue. If you’re an end consumer, you also keep the rights granted by Peru’s Consumer Protection and Defense Code, and you can turn to INDECOPI.

These terms are published in Spanish and in English. If the two versions differ, the Spanish version prevails.

19. Contact

For any question about these terms, write to us. We answer from Lima, in English or Spanish.