Courtesy translation — the Spanish version prevails. Read the Spanish original.
Section A Services Agreement
A.1 Definitions
For purposes of these Terms and Conditions, capitalized terms have the following meaning:
| Term | Meaning |
|---|---|
| Platform | The AI-powered B2B revenue operating system, comprising the Intelligence Engine, AI agents, basic CRM, reporting modules and Lymera Hub. |
| Lymera | LYMERA GROWTH SOLUTIONS S.A.P.I. DE C.V., owner of the Lymera brand and operator of the Platform. Lymera Hub, the Growth Academy and the support, onboarding and customer success teams are part of Lymera. |
| Customer | Legal entity or individual that contracts the Service through an Order Form. |
| Users | Persons authorized by the Customer to access the Platform under the roles defined in the system: Account Admin, Revenue Strategy Owner, Marketing Strategy Owner, Sales Rep, Viewer, among others. |
| Customer Data | Information that the Customer and its Users upload, sync or generate on the Platform: lists, leads, campaigns, sequences and content. |
| Intelligence Engine (IE) | Module for configuring the Customer's business context that feeds the Platform's AI agents. |
| Prospects | Third parties (data subjects) whom the Customer contacts through the Platform. |
| Quote | Commercial proposal issued by Lymera that specifies the plan, services, price, currency and exchange rate, offer validity and, where applicable, the Free Use Period and the Baseline that apply. By accepting it, the Customer formalizes it in the Order Form. |
| Order Form | Order form that, together with its Scope Annex, formalizes the accepted Quote: plan, price, Credits, term and Customer details. It may be signed or accepted electronically. |
| Scope Annex | Document attached to each Order Form that defines the specific scope of the contracted plan. |
| Onboarding Plan | Optional, one-time start-up service (Guided Onboarding or Assisted Onboarding), contracted through the Quote and Order Form and delivered during the first 3 (three) months from the Start Date in accordance with its Scope Annex. Without a contracted Onboarding Plan, the Customer uses the Platform in Self-Serve mode. |
| Recurring Plan | Subscription plan (Starter, Pro or Growth) or Enterprise plan under a custom quote and its own contract, contracted by the Customer for the billing cycle stated in the Order Form. |
| Credits | Monthly usage units (Email, LinkedIn, WhatsApp, Creatives) included in each plan according to the Scope Annex. |
| Start Date | The day of the Customer's first payment under the accepted Quote or Order Form. |
| Free Use Period | Optional period of use of the Platform without charge for the Recurring Plan, of between 7 and 21 calendar days as specified in the Quote, which runs from the Start Date and is granted only when the Customer contracts an Onboarding Plan (section A.4). |
| Activation Date | Date on which the full Credit pool of the Recurring Plan is enabled and from which its term runs: the day the Free Use Period ends or, if none is granted, the Start Date. |
| Commitment Term | Term of the Agreement defined by the accepted Quote or Order Form, counted from the Activation Date. Early cancellation is not permitted during the Commitment Term (section A.6.1). |
| Lymera Hub | Platform space that brings together the Help Center, the Growth Academy (recorded courses and certifications), the Growth Community, the Document Repository and the live mentoring and Q&A sessions. It is part of Lymera; it is not a third-party service. |
| AUP | Acceptable Use Policy (Section B of this document). |
| DPA | Data Processing Agreement (Section C of this document). |
| Agreement | The entire agreement between the parties: Order Form + Scope Annex + these Terms (Sections A, B and C) + the Privacy Policy. For the Enterprise plan, also its own contract (section A.3.1). |
A.2 Purpose of the Service and Lymera Hub
A.2.1 Lymera grants the Customer a limited, non-exclusive, non-transferable and revocable license to access and use the Platform, including Lymera Hub, during the term of the Agreement, in accordance with the contracted plan and its Scope Annex.
A.2.2 Lymera Hub and the Growth Academy are part of Lymera. Lymera Hub and the Growth Academy are operated by Lymera as part of the Platform and the Service. They are not services of a third party or of an external educational institution, and Lymera is responsible for them to the Customer under the terms of the Agreement.
A.2.3 Live and recorded content. The academy content (courses, bootcamps and masterclasses) is recorded and Users may watch it at their own pace. The only live activities are the weekly Thursday mentoring and Q&A sessions, at the time published in Lymera Hub, which Lymera may reschedule or suspend with reasonable notice.
A.2.4 License to the content. The content of Lymera Hub (courses, videos, materials, templates and question banks) is the property of Lymera. Users receive a limited, non-exclusive, non-transferable and revocable license to consult it during the term of the Agreement, solely for the Customer's internal use. Copying, recording, redistributing, reselling or using it to train AI models is prohibited.
A.2.5 Certifications. Lymera issues the certificate for each Lymera Hub certification path to those who pass the corresponding assessment, in accordance with the rules published in Lymera Hub (number of questions, minimum passing score and retakes). The certificate records that the User passed Lymera's assessment; it is not a degree or an official accreditation, and it is not recognized by any educational authority. Lymera may update the assessments and revoke a certificate obtained fraudulently.
A.3 Commercial model
A.3.1 Recurring plans and optional onboarding. Lymera is contracted through a single Recurring Plan (Starter, Pro, Growth or Enterprise). Onboarding is an optional, one-time service that the Customer may contract in the Guided or Assisted modalities; its deliverables, sessions and conditions are described in the Quote and in the Scope Annex. Without a contracted Onboarding Plan, the Customer uses the Platform in Self-Serve mode. The Enterprise plan is contracted through a custom quote and has its own contract, which defines its specific terms; to the extent that contract expressly provides, it prevails over these Terms.
A.3.2 Onboarding session bank. The sessions included in the contracted Onboarding Plan constitute a single-use, non-recurring bank, delivered during the 3 (three) months following the Start Date, in the number and modality indicated in the Scope Annex. Sessions not used within that window are not cumulative or transferable to later periods. Once the window has elapsed, the Customer continues to receive the benefits included in its Recurring Plan (support, Lymera Hub and the others indicated in the Scope Annex).
A.3.3 Commitment Term. The Commitment Term is the term defined by the accepted Quote or Order Form, counted from the Activation Date. During the Commitment Term, early cancellation of the Agreement is not permitted and no refunds apply (section A.6.1). The Commitment Term of the Enterprise plan is set out in its contract.
A.3.4 Billing. Billing is monthly, quarterly, semiannual or annual, as indicated in the Quote and the Order Form, applying the payment-frequency discounts in force on the date of the Quote.
A.3.5 No per-user charge. Plans are flat-priced; the number of Users does not increase the price per seat.
A.3.6 Credits. Each plan includes the monthly Credits indicated in its Scope Annex (Email, LinkedIn, WhatsApp, Creatives). Credits do not accumulate between months. Lymera will notify the Customer when consumption reaches 80%, 90% and 100% of the month's Credits. Additional Credit packs are contracted on demand and are not activated automatically.
A.3.7 Add-ons. Any additional functionality (add-on) is contracted through its own Order Form or from the Order Form of the initial contract, governed by these Terms.
A.3.8 Third-party tools. The costs of tools that the Customer self-provisions (Apollo, Lusha, HeyReach, HubSpot, Kommo, among others) are the Customer's responsibility and are governed by each provider's terms. Lymera is not responsible for their availability, price or operation.
A.3.9 Taxes. List prices are expressed in US dollars (USD) and do not include taxes. Value Added Tax (IVA) applies only to Customers that invoice in Mexico, at the rate in force at the time of invoicing, and is itemized in the Quote. Customers that invoice outside Mexico do not pay Mexican IVA; the taxes, withholdings or contributions that apply to them under the laws of their jurisdiction are the Customer's responsibility.
A.3.10 Price stability for active Customers. Lymera will not increase the price of the current plan for an active Customer within the terms and duration of the contract in force. Any price change to Lymera's current plans will be communicated to affected customers with a prudent period of advance notice and will in any case take effect at their next contract renewal, unless the Quote or the Order Form provides that renewal takes place on the same terms. The foregoing is without prejudice to section A.3.11 on the exchange rate.
A.3.11 Currency and exchange rate. For Customers that invoice in Mexico, the Quote is issued and charged in Mexican pesos (MXN) at Lymera's own exchange rate, which is aligned with the payment gateway's exchange rate plus a spread. That exchange rate stays fixed while the Quote is valid; if it expires without being accepted, the peso prices may change. Once the Quote is accepted, the exchange rate stays fixed for the duration of the Agreement. In multi-year agreements, Lymera reviews each year whether the exchange rate is adjusted and, if so, notifies the Customer in writing before the start of the corresponding year.
A.3.12 Offers and promotions. Offers, discounts and bonuses published on Lymera's site or communicated by its sales representatives have the validity and conditions stated in each offer and apply only when they are set out in the accepted Quote or Order Form. They are lost in the cases described in section A.6.2.
A.4 Free use period
A.4.1 The Free Use Period is not mandatory and is not granted in every contracting: it is granted only when the Customer contracts an Onboarding Plan. Its duration is between 7 (seven) and 21 (twenty-one) calendar days, as specified in the Quote or the Order Form, and it runs from the Start Date.
A.4.2 During the Free Use Period the Customer has the trial Credits stated in the Quote, not the plan's full Credit pool. When that period ends the Activation Date occurs: the full Credit pool is enabled, the Commitment Term begins and the Recurring Plan is billed.
A.4.3 If the Customer decides not to continue with the Recurring Plan, it may cancel it within the Free Use Period and the Recurring Plan will not be charged. This exception does not extend to the Onboarding Plan, which is a one-time payment and is not refundable (section A.5.3).
A.5 Billing and payment
A.5.1 Payment methods. Payment is made by card or by domestic or international bank transfer, as indicated in the Quote and the Order Form. By registering a card, the Customer authorizes the automatic charge at the start of each billing period, at the frequency indicated in the Order Form.
A.5.2 Late payment. In the event of an overdue payment, Lymera will notify the Customer by email. If 15 (fifteen) calendar days pass without the payment being regularized, Lymera may suspend access to the Platform, without this releasing the Customer from its obligation to pay the amounts accrued.
A.5.3 No refunds. Payments made are non-refundable. Once the payment for a period has been processed, no partial or full refunds apply for unused time, a change of mind, early cancellation or other circumstances not attributable to Lymera, unless applicable law expressly provides otherwise.
A.5.4 Advance payment. The Recurring Plan is paid in advance and in full at the start of each billing period. No partial invoices are issued and no retroactive adjustments are made.
A.6 Term, renewal and termination
A.6.1 Term and Commitment Term. The Agreement has the term set by the accepted Quote or Order Form, counted from the Activation Date; that term is the Commitment Term. Early cancellation of the Agreement is not permitted and no refunds apply, and the Customer is bound for the entire contracted Commitment Term.
A.6.2 Loss of benefits. Termination of the Agreement before its end date, a change of plan or a reduction of the contracted volume during the Commitment Term entails the automatic loss of the discounts, bonuses and special conditions of the Quote, which may result in an adjustment to the list price, as well as of eligibility for performance guarantees (section A.9), without any right to a refund.
A.6.3 Automatic renewal. When the Commitment Term ends, the Agreement renews automatically for an equal period and, unless the Quote or the Order Form provides otherwise, on the same terms, together with its recurring add-ons and without the one-time services. The Customer may prevent renewal (a) by turning off automatic renewal from its user profile on the Platform (Account and Billing), or (b) by requesting non-renewal by email to soporte@lymeragrowth.com, in both cases no later than 1 (one) business day before the Agreement end date. Non-renewal carries no penalty.
A.6.4 For breach. Either party may terminate the Agreement immediately if the other commits a material breach that it does not cure within 15 (fifteen) calendar days following written notice. Lymera may immediately suspend or terminate access in the event of violations of the AUP (Section B). Termination for the Customer's breach has the effects of section A.6.2.
A.6.5 Effects of termination. As of the effective date: (a) access to the Platform ends; (b) the Customer may export its Customer Data during the following 30 (thirty) calendar days; (c) after that period, or earlier if the Customer instructs deletion in writing, Lymera will delete the Data within the following 30 (thirty) calendar days in accordance with the DPA (section C.8), retaining only the minimum records required by legal or tax obligations.
A.7 Intellectual property and data
A.7.1 Customer Data. The Customer retains full ownership of its Data. Lymera claims no ownership over it and processes it exclusively in accordance with the DPA (Section C) and the Privacy Policy.
A.7.2 Ownership of the Platform. The Platform, its source code, architecture, AI models, master prompts, Growth 360 methodology, system playbooks and all improvements or derivatives thereof are the exclusive and non-transferable property of Lymera. Nothing in the Agreement transfers to the Customer any intellectual property rights over the Platform.
A.7.3 Intelligence Engine configuration. The Customer provides the business inputs; the structure of the IE, the playbooks generated and the methodological calibration are the intellectual property of Lymera and are not portable outside Lymera. Upon termination, the Customer may export its raw data and the approved content deliverables (emails, scripts, proposals), but not the structured configuration of the IE or the system playbooks in their native format.
A.7.4 License to use data. The Customer grants Lymera a limited, non-exclusive and revocable license to process the Customer Data for the sole purpose of providing the Service. Lymera will not use it to train general-purpose AI models or for any purpose other than as provided in the Agreement.
A.8 AI-generated content
A.8.1 Lymera's agents generate drafts that require human review and approval before being sent to Prospects. The Platform's workflow includes this step as part of the operating process.
A.8.2 Lymera does not guarantee the accuracy, legal suitability or regulatory compliance of AI-generated content. Final responsibility for approved and sent content lies exclusively with the Customer.
A.9 Performance guarantees (framework)
A.9.1 Performance guarantees apply only to the Pro and Growth plans that have contracted an Onboarding Plan (Guided or Assisted), and only on the terms expressly stated in the Quote and in the Scope Annex. The Starter plan does not include performance guarantees. The guarantee of the Enterprise plan, if any, is defined in its contract and not in these Terms.
A.9.2 When a claim may be made. The performance guarantee may be claimed only from month 3 after the Activation Date, provided the Agreement has remained in force and current on payments continuously throughout that time. The goal is measured within the 90 (ninety) days following the First Campaign Launch. No guarantee claim is admissible before the claim period has elapsed.
A.9.3 Eligibility conditions (cumulative). To be entitled to any guarantee, the Customer must demonstrate that during its term it:
- Approved the IE and the playbooks within the agreed deadlines.
- Implemented the Lymera methodology and applied the recommendations documented by Lymera.
- Kept campaigns active without unauthorized pauses.
- Provided inputs, access and integrations in a timely and proper manner.
- Complied with the AUP at all times.
- Is current on all of its payments.
A.9.4 Definitions applicable to the guarantees.
- "Qualified Meeting": a handoff of a Prospect enrolled, manually or automatically, in a Lymera campaign who (i) schedules and attends an initial meeting, (ii) meets the ideal customer profile (ICP) configured in the Customer's Intelligence Engine and (iii) is not marked as disqualified by the Customer's sales team within 48 (forty-eight) hours after the meeting. To disqualify a meeting, the Customer must record the reason for the disqualification in Lymera. If the Customer does not update the meeting's status in Lymera within that period, the meeting is deemed qualified.
- "First Campaign Launch": the date on which the first batch of leads is enrolled in an active campaign within Lymera.
- "Baseline": the results benchmark against which the guarantee goal is measured. It is determined with a run of Lymera's ROI Projector and is set from the Quote, based on factors such as the Customer's product, ICP, market and demand-generation methodology. The Quote and the Scope Annex state the applicable goal and what applies when the Customer has no verifiable reference KPIs.
A.9.5 The remedy set out in the Scope Annex is the sole and exclusive remedy for a failure to meet a performance guarantee and does not imply a monetary refund or payment, except as the Scope Annex expressly provides.
A.10 Support and service level
A.10.1 Technical support. Technical support for the Platform is provided by Lymera's support team, which will handle requests within the response times (not resolution times) indicated in the Scope Annex of the contracted plan. For the Enterprise plan, service levels are set out in its contract. The Customer Success Manager (CSM), when the plan includes one, is responsible for supporting the success of the account and is not a technical support channel.
A.10.2 Availability. Lymera will use commercially reasonable efforts to keep the Platform available. This version of the Agreement does not establish uptime percentage commitments with penalties. Scheduled maintenance may occur with reasonable prior notice.
A.11 Representations, warranties and disclaimer
A.11.1 Except for the express performance guarantees under section A.9 and, where applicable, those of the Enterprise contract, Lymera does not guarantee specific revenue, sales or particular commercial results. The Service is provided "AS IS" and "AS AVAILABLE".
A.11.2 Lymera does not guarantee uninterrupted operation of the Platform or the performance of integrations with third-party platforms (Google, Meta, LinkedIn, HubSpot, Kommo and similar), whose availability depends on those providers.
A.12 Limitation of liability
A.12.1 Lymera's total accumulated liability arising from the Agreement or related to the Service is limited to the amounts actually paid by the Customer during the 3 (three) calendar months immediately preceding the event giving rise to the claim.
A.12.2 In no event will Lymera be liable for indirect, incidental, special, consequential or punitive damages or for loss of profits, even if it has been advised of their possibility.
A.12.3 The foregoing limitations do not apply to obligations whose limitation is prohibited by applicable law (for example, liability for willful misconduct or for a breach of personal data under the LFPDPPP or the GDPR).
A.13 Indemnification
A.13.1 The Customer will indemnify, defend and hold harmless Lymera, its officers, employees and affiliates from any claim, damage, fine or expense (including reasonable attorneys' fees) arising from: (a) use of Prospect lists without a legal basis or valid consent; (b) violation of the AUP, anti-spam laws, Meta/WhatsApp, LinkedIn or Google policies, or data protection regulations; (c) content approved and sent by the Customer through the Platform; (d) use of the Platform contrary to the Agreement or applicable law.
A.13.2 Lymera, for its part, will defend the Customer against third-party claims alleging that the Platform itself infringes intellectual property rights, subject to the liability limits in section A.12, provided that the Customer gives prompt notice and cooperates reasonably in the defense.
A.14 Confidentiality
Each party will protect the other's confidential information with the same degree of care it applies to its own confidential information (never less than a reasonable degree) and will use it only to perform its obligations under the Agreement. This obligation survives termination of the Agreement for 3 (three) years.
The confidentiality obligation does not apply to information that: (a) is or becomes public through no fault of the recipient; (b) was known to the recipient without restriction before its disclosure; (c) is lawfully received from a third party without a confidentiality restriction; or (d) must be disclosed by legal or judicial mandate, with reasonable prior notice to the disclosing party, if the law permits.
A.15 Suspension
Lymera may suspend access of the Customer or of one or more Users immediately, without incurring liability, in the event of: (a) a security risk to the Platform or other Customers; (b) violation of the AUP; (c) a legal or regulatory authority requirement; (d) late payment under section A.5.2. Lymera will notify the Customer with reasonable promptness once the suspension has been applied.
A.16 Modifications
Lymera may update these Terms to reflect changes in its practices or in applicable law. Material changes will be notified to the Customer by email or through a notice on the Platform at least 15 (fifteen) calendar days before they take effect. Continued use of the Platform after that period means acceptance of the updated Terms.
A.17 Governing law and jurisdiction
The Agreement is governed by and construed in accordance with the laws of the United Mexican States. The parties, wherever their domicile or billing country, submit to the exclusive jurisdiction of the competent courts of Cancún, Quintana Roo, waiving any other forum to which they may be entitled by reason of their domicile.
A.18 General provisions
- Assignment. The Customer may not assign the Agreement without Lymera's prior written consent. Lymera may assign the Agreement to an affiliated entity or in connection with a merger, acquisition or sale of assets, provided that the assignee assumes the obligations of the Agreement.
- Force majeure. Neither party will be liable for non-performance caused by events beyond its reasonable control (natural disasters, pandemic, acts of government, third-party infrastructure failures), provided that it promptly notifies the other party and makes reasonable efforts to mitigate the effects.
- Severability. If any provision of the Agreement is declared null or unenforceable, the remaining provisions remain in full force and effect.
- Entire agreement. The Agreement (Order Form + Scope Annex + Sections A, B and C + Privacy Policy) constitutes the entire agreement between the parties and supersedes any prior agreement, oral or written, on its subject matter; for the Enterprise plan, its own contract also governs (section A.3.1).
- Notices. Formal notices will be given in writing to the emails indicated in the Order Form and to soporte@lymeragrowth.com for Lymera. They are deemed received at the time of successful sending.
- No waiver. A party's failure to exercise, or delay in exercising, a right does not constitute a waiver of it or prevent its later exercise.
- Language. These Terms are published in Spanish and English. In the event of any discrepancy between the two versions, the Spanish version prevails.
Section B Acceptable Use Policy (AUP)
B.1 Responsibility for Prospects and their data
B.1.1 The Customer represents and warrants that it has the appropriate legal basis (express consent, duly documented legitimate interest or another valid basis under applicable law) to contact each Prospect by email, WhatsApp, LinkedIn, SMS or phone call.
B.1.2 With respect to its Prospects' data, the Customer acts as controller ("data controller"). Lymera acts as processor ("data processor") and processes that data in accordance with the Customer's documented instructions, as set out in the DPA (Section C).
B.2 Anti-spam and platform compliance
The Customer will comply, as applicable to its outreach activity, with:
- The anti-spam and consumer protection laws of Mexico and of the recipient's jurisdiction (e.g., the CAN-SPAM Act in the U.S., CASL in Canada).
- The WhatsApp Business / Meta Policies: use of pre-approved templates for initial contact, respect for the 24-hour customer service window, maximum message frequency, and handling of opt-out requests through a STOP reply or another available mechanism.
- The LinkedIn User Agreement: direct message limits, professional conduct rules and the prohibition on spam.
- The Google Limited Use Policy for data obtained through the Gmail API.
B.3 Prohibited conduct
It is strictly prohibited to use the Platform to:
- Import or use Prospect lists that were purchased, obtained through unauthorized scraping or lack a valid legal basis.
- Send deceptive, fraudulent, defamatory, discriminatory, sexually explicit or violent content, or content that is unlawful in any way.
- Impersonate another person or company, or falsify headers, domains or sender information.
- Ignore or circumvent Prospects' exclusion requests (opt-out, STOP, unsubscribe).
- Distribute malware or malicious code, or attempt unauthorized access to third-party systems.
- Resell, sublicense or make access to the Platform available to third parties without Lymera's express authorization.
- Reverse engineer, decompile or attempt to extract the Platform's source code.
- Exceed the plan's volume limits or send in ways that put the reputation of shared domains or IPs at risk.
B.4 Call recording (voice modules / Voice Pack)
When call features with recording are activated, it is the exclusive responsibility of the Customer to obtain the recording consent required by the laws of each jurisdiction involved (that of the caller and that of the recipient). Lymera provides the technical tool; it assumes no liability for the lack of consent or for non-compliance with the recording regulations applicable to the Customer.
B.5 Sending limits and reputation
Lymera may apply technical limits on sending volume and speed to protect the Platform's deliverability and the reputation of shared domains and IPs. Failure to follow good practices (uncleaned lists, high bounce rates, spam reports, etc.) may result in blocks imposed by email providers, Meta or LinkedIn, without giving rise to any liability for Lymera.
B.6 Consequences of non-compliance
In the event of any actual or alleged violation of this AUP, Lymera may, at its sole discretion: (a) issue a formal warning; (b) temporarily limit sending volume; (c) suspend access (section A.15); (d) terminate the Agreement (section A.6.4); and/or (e) report the activities to the competent authorities when the law requires or permits.
Section C Data Processing Agreement (DPA)
C.1 Roles of the parties
C.1.1 Lymera acts as:
- Controller ("controller") with respect to the Users' Account Data (name, email, role, company) needed to provide the Service and comply with legal obligations.
- Processor ("processor") with respect to the Customer Data uploaded or synced to the Platform, including Prospect data, processing it in accordance with the Customer's documented instructions.
C.1.2 With respect to Prospect data, the Customer is the controller; Lymera is the processor and processes that data in accordance with the Customer's instructions as provided in the Agreement.
C.2 Subject matter, nature and purpose of the processing
| Element | Description |
|---|---|
| Subject matter | Provision of the Lymera Platform in accordance with the Agreement. |
| Nature | Collection, storage, organization, sending and receiving of communications, analysis and reporting of data. |
| Purpose | Prospecting, qualification and pre-meeting commercial management on the Customer's behalf. |
| Duration | Term of the Agreement plus the applicable legal retention periods. |
C.3 Categories of data and data subjects
Data subjects: the Customer's Users and Prospects.
Categories of data processed:
- Account data: name, email, phone, company, role.
- Prospect data: name, email, phone, company, job title, LinkedIn profile URL or other professional network URLs.
- Communications content: emails, WhatsApp Business messages, LinkedIn messages managed through the Platform.
- Activity metadata: usage logs, timestamps, IP addresses, delivery and read statuses.
Sensitive data: the processing of sensitive data (health, biometric, religious, trade union, sexual orientation, among others) is not anticipated. The Customer undertakes not to upload it to the Platform except by prior, specific written agreement with Lymera.
C.4 Lymera's obligations as processor
As processor, Lymera undertakes to:
- Process the Customer Data only on the Customer's documented instructions and in accordance with applicable law; notify the Customer if it considers that an instruction may infringe regulations.
- Ensure the confidentiality of personnel with access to the Customer Data.
- Implement and maintain appropriate security technical and organizational measures (section C.6).
- Assist the Customer, to the extent technically possible, in responding to data subjects' requests to exercise their rights: access, rectification, cancellation, objection, portability and withdrawal of consent.
- Notify the Customer, without undue delay (maximum 72 hours from becoming aware), of any security incident affecting personal data in its custody.
- Return or delete the Data upon termination of the Agreement, in accordance with section C.8.
- Not use the Customer Data for advertising, profiling of third parties or training general-purpose AI models.
C.5 Subprocessors
C.5.1 By entering into the Agreement, the Customer authorizes the use of subprocessors for: (a) infrastructure services (hosting, database, cloud storage); and (b) the integrations that the Customer itself expressly connects (Meta/WhatsApp, LinkedIn through HeyReach, Google, HubSpot, Kommo, enrichment and AI providers), under agreements that limit the use of data to the contracted service.
C.5.2 Lymera will maintain a list of subprocessors available upon the Customer's request and will give at least 15 calendar days' notice of any material change (addition or replacement). The Customer may object to the change for justified cause within that period; if it does not object, it will be deemed to have accepted.
C.6 Security measures
Lymera implements the following technical and organizational measures:
- Encryption at rest of sensitive credentials and third-party tokens (Google, Meta, LinkedIn).
- Encryption in transit using TLS 1.2 or higher on all communications.
- Role-based access control and the principle of least privilege.
- Audit log of access to sensitive data.
- Periodic encrypted database backups.
- Incident notification in accordance with section C.4(5) and the Privacy Policy.
C.7 International data transfers
When the processing of Customer Data involves its transfer outside Mexican territory, Lymera will ensure that it has a valid transfer mechanism under applicable law (standard contractual clauses, a recognized adequate level of protection, or the data subject's explicit consent, as applicable).
C.8 Return and deletion of data
Upon termination of the Agreement for any reason, the Customer has 30 (thirty) calendar days to export its Customer Data in an exportable format (section A.6.5) or to instruct its early deletion in writing. After that period, or once the deletion instruction is received if earlier, Lymera will securely delete the Data within the following 30 (thirty) calendar days and, at the Customer's request, will confirm by email that the deletion has been completed.
Exception: the minimum records required by Mexican tax and commercial law (typically 5 years for billing data) or by any other legal obligation will be retained. Those records will not be used for commercial purposes.
C.9 Audit
Lymera will make available to the Customer the information reasonably necessary to demonstrate compliance with this DPA and will allow limited audits carried out by the Customer or a designated auditor, under a confidentiality agreement, with prior notice of at least 30 calendar days and under conditions that do not compromise the security of other Customers or the operation of the Platform.
C.10 Order of precedence
In the event of conflict between any other document of the Agreement and the provisions of this Section C relating to the processing of personal data, this DPA will prevail. With respect to privacy and personal data of the Platform's Users (Account Data), the Lymera Privacy Policy prevails. The foregoing does not limit what the Enterprise plan contract expressly provides (section A.3.1).
Contact
For questions about these Terms, the AUP or the DPA:
- Email: soporte@lymeragrowth.com
- Address: 77536 Cancún, Quintana Roo, Mexico
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