Terms and Conditions

1. What this site is

conika.co is the site of CONIKA, a design and 3D visualization studio. The public part is informative: it presents our criteria and our projects, and lets you book a conversation. Nothing is sold there and no designs are licensed there, and booking is not contracting.

The project portal is different: anyone who has signed The Commitment pays their project installments from it, so that part is indeed electronic commerce. That is why clause 13 identifies in full who operates the site, as article 50 of Law 1480 of 2011 requires.

By using this site or your project portal, you accept these Terms in full. If you do not agree with them, we ask you not to use them.

2. Use of the site

You may browse it and write to us or book freely. Booking is an invitation to talk, not a services contract.

The following is not permitted: attempting to breach the security of the site or the portal, accessing projects that are not yours, interfering with its operation, or using it for unlawful purposes or to infringe third-party rights. We reserve the right to restrict access to anyone who breaches this.

3. Your account and access to your portal

If you have an active project, access to your portal (key, code, or Face ID or fingerprint) is personal and non-transferable. You are responsible for keeping it under your control and for telling us if you suspect unauthorized access, using the security link we send you with every new sign-in alert.

We may temporarily suspend access to your portal for security reasons, for maintenance, or if we detect misuse, informing you of it where possible.

4. Intellectual property and confidentiality of the site

All content and functioning of the site and of the project portal, including its texts, the CONIKA brand, the seal, the visual identity, the design, the user experience and the source code, is the property of CONIKA. It is protected by Colombian copyright and industrial property legislation and by the rules on trade secrets (Andean Decision 486 of 2000). It may not be copied, reproduced, distributed or reused, in whole or in part, without CONIKA's prior written authorization.

The following is not permitted: reverse engineering the site or the portal; extracting, scraping or harvesting its content, structure or functioning by automated means; cloning, replicating or building a substantially similar system or service from what you observe on conika.co; or using bots, crawlers or other automated tools to access or interact with the site beyond the normal use of a human visitor.

A breach of this clause entitles us to restrict your access immediately and to bring whatever legal action may be appropriate, including compensation for the damage caused.

5. The projects

When we work on a project, it is governed by the specific contract we sign with each client (The Commitment), executed by electronic signature online pursuant to Law 527 of 1999 and Decree 2364 of 2012. It is a simple electronic signature, without a certificate from an accredited certification authority: the law does not deny it legal effect merely because it is electronic, and its evidentiary weight is assessed under the rules of sound judgment, pursuant to article 11 of that law, having regard to the reliability of the method used to identify the signatory. As a matter of principle:

· When your contract is sealed we compute a cryptographic hash (SHA-256) of the signed PDF and show it to you in your portal. You can recompute it over the file you downloaded and compare: if it matches, the document was not altered after you signed it. It is a check you make yourself, without depending on us.

· The design is the work of the designer who conceives it. Her moral rights of authorship are perpetual, inalienable and non-waivable under article 30 of Law 23 of 1982: they are neither assigned nor agreed away, and no contract moves them. CONIKA holds the economic rights required to grant you the license for your project. The client may adapt the design in its material execution according to construction needs, but a substantial modification altering its original conception may not be attributed to its author or to CONIKA without consent.

· The client's contributions (needs, references, site information) do not create co-authorship of the design.

· What the parties exchange during the project is confidential: it is not disclosed to third parties without authorization, save where required by law.

· CONIKA may exhibit the outcome of the project in its Archive and in its communications, with the brand's editorial treatment. That exhibition never includes the client's name, the address or precise location of the property, or any detail allowing the client to be identified or the dwelling to be located; for that, express and separate authorization is required, which may be withdrawn at any time.

· The client may object to the exhibition, before or after it takes place, by writing through any of our channels. Once we receive the objection we withdraw the material from our own channels within the following fifteen (15) business days, at no cost or penalty. What has already circulated beyond our control, or what has already been printed and distributed, cannot always be withdrawn.

· The client receives a license of use over the project, on the terms of The Commitment. CONIKA does not resell it or license it to third parties. Obtaining planning and building permits from the competent authorities is exclusively the responsibility of the client and of the professionals they engage for that purpose.

· The amount and payment plan agreed in The Commitment are shown in your project portal («The Balance»). Payment is made through a certified payment gateway (cards, PSE, Nequi) integrated into the portal, according to the agreed installment plan. CONIKA neither receives nor stores your card or account details.

· Where the project includes visualization pieces (images, video or virtual tours), they are handed over finished and ready to use. Virtual tours, and any other piece served from our servers where the contracted scope includes it, come with one (1) year of hosting, with an address of their own and the code to embed them in the client's website. After that year they stay online only if the hosting subscription is taken out; if it is not, the address stops responding and the file is handed over to the client to keep or to host wherever they prefer.

· Heavy deliverables stay downloadable in your portal while your project is ongoing and for one (1) year after it closes, and we email you before that runs out. After that it is the heavy file that leaves the portal, not your project: the panel, the images and your history stay where they are. CONIKA keeps its own copy of the package and restores it to you, at no cost, whenever you need it. It is not published at an open address; each download generates a signed link that expires shortly afterwards, so no one else can reach it.

· On the pieces handed over we give thirty (30) days of support from The Delivery, so that the file opens and is complete: a corrupt file, a missing layer, an empty schedule. Support does not cover teaching how to use the software, adapting the material to another office's standard, or converting it to a format that was not agreed; that is new work and is quoted separately.

· Right of withdrawal. If you contract as a consumer, you have the right to withdraw within the five (5) business days following signature, and in practice you have longer than that. The agreement is formed on the day you sign it, but performance does not begin until you open it yourself: until you do, the project does not advance and you may withdraw without giving a reason and at no cost.

· How to exercise it. Notice through any of CONIKA's channels suffices, or an email to legal@conika.co. There is no form, no justification and no prior authorization. You receive a reference number with date and time, and confirmation within the following business day.

· What is refunded. One hundred per cent (100%) of what you paid, with no deduction or withholding of any kind: no payment gateway fee, no financial transactions levy, no administrative charge, no exchange rate difference and no amount attributable to time elapsed. Within the fifteen (15) calendar days following your withdrawal or, if you would like it in an account, following the moment you give us its details, to the same means of payment you used or to the one you prefer. Legal basis: article 47 of Law 1480 of 2011, as amended by article 3 of Law 2439 of 2024, and article 5 of Law 2439 of 2024.

· When it ceases to apply. When performance of the service begins with your agreement, under article 47(1) of Law 1480 of 2011. That agreement is an act of yours and of no one else: in your portal you sign the Record of Commencement of Performance, which explains what you are doing before you sign it. Neither CONIKA nor the passage of time signs it for you, and neither signing the agreement nor paying the first installment opens performance on its own. Until that record exists, performance has not begun and your right of withdrawal remains alive.

· It is distinct from payment reversal. Where there has been fraud, an operation you did not request, where you paid and did not receive what you contracted for, or where what you received does not match what you contracted for or is defective, you may request the payment reversal under article 51 of Law 1480 of 2011, within the five (5) business days following the moment you became aware of the event, by filing the complaint with CONIKA and also notifying your bank or card issuer. They are two distinct rights, and exercising one does not deprive you of the other.

· If you contract as a company and the service is an input to your own economic activity, you do not qualify as a consumer for the purposes of Law 1480 of 2011 and the statutory right of withdrawal does not apply to you. In that case what governs is what is agreed in the Compromiso you sign.

· Taxes. The amount you are quoted is the total price of the service, inclusive of the taxes applicable to it. If you contract as a consumer, CONIKA may not later require any additional sum on that account, under article 26 of Law 1480 of 2011. CONIKA is not currently a VAT taxpayer and therefore does not charge it; if it ever became obliged to collect it, for clients who are not consumers it would be charged separately and notified in writing beforehand.

· If an installment falls behind. The Compromiso provides for default interest at the maximum rate permitted by Colombian law and for the right to suspend performance for as long as the delay continues. There is no further penalty and no administration charge: the project's deadlines shift, and resume when the installment comes in.

· If the agreement ends early. Beyond withdrawal, if The Commitment ends for any reason a settlement by progress is carried out: what you paid is compared against the value of the phases actually performed, and the difference is paid or refunded accordingly. The Log of your project serves as evidence of progress: it is a record with chained cryptographic hashes, whose entries CONIKA undertakes not to modify or delete for ten (10) years from the end of The Commitment, except for the device and the approximate location, which are deleted once one (1) year has elapsed from each entry. If you object to the settlement, it is for CONIKA to prove the work performed, and you may challenge The Log with any other evidence. There are no penalties for leaving: what is paid for is the work done.

· Source files. The native, editable files the work is produced with do not form part of the deliverables, and are not understood to be included by contracting drawings, images, video or tours. They are delivered only where the contracted scope expressly provides for it, and in that case the file, the permitted use and its technical scope are agreed in writing. A model produced for visualization is not equivalent to a coordinated or construction-ready model.

· The warranty on what is delivered. The material you receive carries the statutory warranty of articles 7 to 16 of Law 1480 of 2011: defects attributable to us are corrected at no cost within the three (3) months following La Entrega. Defects include, among others, an error of dimensioning or labeling, an inconsistency between pieces of the same deliverable, a corrupt or incomplete file, and a technical defect in the images. They do not include aesthetic disagreement with what you already approved, a change of mind after that approval, or an error arising from inaccurate information you supplied. Correcting a defect of ours consumes none of your moments of decision and gives rise to no charge.

· In the event of a discrepancy between these Terms and The Commitment signed for your specific project, what is agreed in The Commitment prevails solely on the matters it expressly governs; on everything not provided for there, these Terms and the Privacy Policy apply.

6. Not technical advice

The information on the site does not constitute a technical project, a structural calculation, or authorization to build. Every project is developed, calculated and formalized separately, signed by the professionals competent under Colombian law.

7. Warranties and liability

The site and the portal are offered «as is» and «as available». We do our best to keep them working well, but we do not warrant uninterrupted availability, the complete absence of errors, or that they are free of viruses or other harmful components.

To the fullest extent permitted by law, CONIKA is not liable for indirect or incidental damages, loss of profit or loss of data arising from use of the site or the portal, except in cases of wilful misconduct or gross negligence, or where Colombian law provides otherwise (for example, the consumer's inalienable rights under Law 1480 of 2011).

We are not liable for failures originating with external providers (connectivity, hosting, payment gateway) or for events of force majeure or fortuitous event.

8. Misuse and indemnity

If you use the site or your portal contrary to these Terms and that causes harm to CONIKA or to third parties (for example, sharing your credentials and thereby causing improper access, or using the site's content without authorization), you undertake to answer for the damage you cause, under the general rules of Colombian civil liability.

9. Minors

This site and the project portal are intended for adults with legal capacity to contract. We do not knowingly collect data from minors; there is more detail in the Privacy Policy.

10. Dispute resolution

If a difference arises in relation to the site, the portal or a project, we will seek to resolve it first through direct communication. You may also bring your complaint or claim before the Superintendency of Industry and Commerce (SIC), in its capacity as the consumer protection and personal data authority in Colombia.

Nothing in these Terms limits your right, as a consumer, to turn at any time to the Colombian ordinary courts. Any clause purporting to waive that right is deemed unwritten, pursuant to Law 1480 of 2011.

11. General provisions

If any clause of these Terms is declared invalid or unenforceable, the remainder stay in force.

Neither party may assign its rights and obligations without the other's prior written authorization. If the design lead cannot continue, CONIKA gives notice within five business days and proposes another licensed professional, and the client may accept or terminate the agreement with a refund of what was paid for the phases not performed.

These Terms, together with the Privacy Policy, the Cookie Policy and The Commitment for each project, constitute the entire agreement between the parties with respect to what they govern.

12. Changes and governing law

We may amend these Terms to reflect legal, technical or service changes. The version in force is the one published on this page, with its update date. If the change is material and affects clients with an active project, we will notify you by email.

These Terms are governed by the laws of the Republic of Colombia.

13. Who operates this site

CONIKA is the trade name under which Juan José Lima Mesías, a natural person, operates. There is no incorporated company: the person responsible for everything offered here is that individual.

· Name: Juan José Lima Mesías

· Tax ID (NIT): 1.085.339.187-5

· Email: legal@conika.co

· Phone: +57 323 3745216

· City: Pasto (Nariño), Colombia

Requests, complaints and claims: write to us at the address above. We confirm receipt of your request within the following business day and answer on the merits within a maximum of fifteen (15) business days. If your claim concerns a payment, say so in the subject line so we handle it first.

You may also bring your complaint before the Superintendency of Industry and Commerce, the consumer protection authority in Colombia, at sic.gov.co.

This information is published in compliance with article 50 of Law 1480 of 2011.