Terms

Terms and Conditions of Use

This document establishes the legal basis, conditions of use, and liability limitations governing the navigation of this website, as well as the general guidelines for the eventual contracting of navamkt services.

Last updated: May 15, 2026

Responsible Party: Ángel Santiago Nava

Legal contact: info@navamkt.com

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1. Acceptance and Nature of Terms

By accessing, browsing, or using this website, its forms, or its virtual assistant (chatbot), the user expressly and unconditionally accepts these Terms and Conditions. If you do not agree with any of the provisions set forth herein, you must refrain from using the site and providing any information.

The content of this site is purely informational and commercial. No publication, estimate, or response generated on the site constitutes a binding offer or a service provision contract by itself.

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2. Nature of Services (Obligation of Means)

navamkt offers specialized services oriented to digital marketing, search engine optimization (SEO), social media management, web development, and process automation. The user acknowledges and legally accepts that the provision of these services constitutes a "best efforts obligation" (obligación de medios) and not an "obligation of results".

Consequently, navamkt commits to applying industry best practices, its technical expertise, and professional diligence, but under no circumstances guarantees the achievement of specific financial metrics, exact volume of prospects (leads), guaranteed rankings, or return on investment (ROAS/ROI), given that these depend on market volatility, algorithmic changes, and factors beyond our control.

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3. Artificial Intelligence, Automations, and Third Parties

navamkt's services may integrate Conversational Artificial Intelligence technologies (LLMs) and automation platforms. The user understands that generative AI operates through probabilistic models and, therefore, navamkt assumes no liability for system "hallucinations," inaccurate responses, or unforeseen outputs generated autonomously by deployed virtual agents.

  • +API Availability: The operability of automations and chatbots depends on third-party infrastructures (e.g., OpenAI, integration platforms, Meta, Google). navamkt shall not be liable for service interruptions, data loss, or damages arising from server downtime of said providers.
  • +Changes in Third-Party Policies: Campaigns and automations are subject to the terms of service of the platforms used. navamkt is exempt from liability if a client account is suspended, penalized, or restricted by unilateral decisions of such platforms.
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4. Specific Conditions by Service Type

Due to the technical nature of our catalog, the following exclusive conditions apply depending on the contracted service:

  • +Conversational AI and WhatsApp Business API: The use of automated agents via Meta's official API is strictly subject to WhatsApp's Commerce and Messaging Policies. The WhatsApp Business API account, the associated phone line, and the relationship with Meta —or with the relevant Business Solution Provider (BSP)— are and shall at all times remain the property of the client. When the client does not have such API, navamkt may handle the registration and verification process on the client's behalf and in the client's name, in its capacity as agent, without this implying any transfer of account ownership to navamkt; when the client already has it, the client must grant navamkt the access necessary for integration. In both cases, verification costs and the usage of conversations or messages are determined and billed directly by Meta to the client and are borne by the client, in accordance with Clause 5. navamkt shall not be responsible if Meta restricts, suspends, or blocks the client's phone line or account due to violations of its terms, accumulation of user reports, or any unilateral decision of the platform.
  • +B2B Outbound (Prospecting): Cold email and outreach campaigns on platforms like LinkedIn are executed assuming the client markets legitimate B2B products or services. The client exempts navamkt from any liability arising from spam complaints or domain blacklisting, acknowledging that cold prospecting carries inherent deliverability risks.
  • +CX and Mystery Shopper: In-person or remote auditing services (Mystery Shopper) are conducted strictly for commercial quality evaluation purposes. The client is solely responsible for ensuring that the implementation of these metrics and audits does not violate labor rights, privacy rights, or internal policies applicable to their employees, assuming any labor contingencies that may arise.
  • +SEO and Web Modifications (CRO): Implementing technical SEO strategies (Core Web Vitals, Schema) and CRO tests requires direct intervention in the site's code. navamkt shall not be liable for conflicts with third-party plugins, client hosting server crashes, or data loss if the client does not have updated backups prior to our intervention.
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5. Third-Party Costs and Platform Usage

The consideration (fees, retainers, or monthly payments) agreed with navamkt remunerates exclusively the professional services of strategy, design, development, implementation, management, and operation performed by navamkt. Unless expressly agreed otherwise in writing, such consideration does not include, and navamkt does not absorb or subsidize, the cost of the third-party services, platforms, and infrastructure that the client's operation consumes.

By way of example and without limitation, the following items are borne by the client: advertising investment (ad spend) on Meta, Google, TikTok, or other media platforms; the usage of artificial intelligence model application programming interfaces (APIs) and token-metered processing; the costs per conversation, message, or session of the WhatsApp Business API, as well as Meta verification fees; domain names, hosting, email mailboxes, and sending or deliverability platforms; subscriptions and licenses for third-party tools and software (CRM, outbound platforms, heatmaps, A/B testing, scheduling, analytics, among others); and any tax, commission, withholding, or financial charge applicable to such items.

These items are preferably contracted on accounts owned by the client and are billed directly by the respective provider. When, for operational convenience, navamkt pays any of them on the client's behalf, such amount will be passed through to the client at its actual cost, without markup. The client acknowledges that the prices, rates, billing models, and policies of such third parties are determined unilaterally by them and may change without prior notice, without such changes generating any liability for navamkt or obligating it to absorb cost differences.

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6. Intellectual Property and Rights Retention

All content hosted on this site (texts, graphics, logos, methodologies, workflows, and code) is the exclusive property of navamkt or its respective licensors, and is protected by current industrial property and copyright laws.

Within the framework of service provision, navamkt retains the economic rights and intellectual property over every deliverable, code, design, copy, or automation flow developed, until the client has fully settled the agreed economic considerations. The unauthorized resale, cloning, or commercial exploitation of our methodologies and developments is strictly prohibited.

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7. Quotes, Contracting, Payments, and Suspension

The costs, scope, execution times, and payment methods applicable to any project will be defined specifically in a Commercial Proposal, Quote, or Service Provision Contract signed by both parties.

Unless otherwise stipulated in writing, any advance or initial payment intended for agenda reservation, infrastructure setup, or project kickoff is considered "non-refundable".

Consideration must be paid on the dates and under the conditions agreed. Failure to pay on time will entitle navamkt to suspend, in whole or in part, the provision of services, as well as access to platforms, integrations, credentials, or deliverables, without such suspension being considered a breach by navamkt or releasing the client from payment obligations already accrued. Overdue balances may accrue default interest as established in the respective Commercial Proposal or Contract. The suspension or termination of the service, for any reason, shall not give rise to the refund of payments already accrued or of the items set forth in Clause 5.

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8. Force Majeure and Acts of God

Neither party shall be liable for the non-performance, delay, interruption, or suspension of its obligations when this results from causes of force majeure or acts of God, understood as those events or occurrences beyond its will and outside its reasonable control that could not have been foreseen or that, having been foreseen, could not have been avoided.

By way of example and without limitation, the following shall be considered as such: natural disasters, weather phenomena, earthquakes, floods, fires, pandemics or health emergencies, armed conflicts, acts of terrorism or social unrest, acts or omissions of any governmental authority, generalized failures or interruptions in the supply of electricity, telecommunications, or internet services, cyberattacks, as well as outages, suspensions, limitations, or modifications in the services of third-party platforms (including, among others, Meta, Google, TikTok, OpenAI, Vercel, or messaging and infrastructure providers).

The affected party shall notify the other, as soon as reasonably possible, of the occurrence of the force majeure event and its foreseeable effects; both parties shall act in good faith to mitigate the consequences of the event and to resume the performance of their obligations as soon as possible.

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9. Indemnity (Hold Harmless) and Limitation of Liability

The user agrees to hold harmless and indemnify Ángel Santiago Nava, the navamkt brand, its employees, and collaborators from any claim, demand, damage, prejudice, or expense (including legal fees) arising from:

  • +Improper use of the website or violation of these terms.
  • +Infringements of third-party intellectual property rights derived from materials (images, texts, databases) provided by the client for the development of their campaigns or automations.
  • +To the maximum extent permitted by applicable law, navamkt's total cumulative liability to the client for any claim related to the services provided shall not exceed, under any circumstances, the total amount paid by the client to navamkt during the three (3) months preceding the event that originated the claim. Under no circumstances shall navamkt be liable for indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, data, or business opportunities.
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10. General Provisions

Modifications: navamkt reserves the right to modify, update, or replace these Terms and Conditions at any time. Modifications shall take effect upon their publication on this website, indicating the date of the last update. Continued use of the site after such publication implies acceptance of the Terms in force.

  • +Severability: In the event that any provision of these Terms is declared null, illegal, or unenforceable by a competent authority, such provision shall be deemed not included only to the extent of its invalidity, without this affecting the validity and enforceability of the remaining provisions, which shall retain full effect.
  • +No Waiver: The omission, tolerance, delay, or failure by navamkt to enforce any right, action, or power provided for in these Terms shall not constitute a waiver thereof, nor shall it prevent its exercise at any subsequent time.
  • +Entire Agreement: These Terms and Conditions, together with the Privacy Policy and the Commercial Proposal, Quote, or Service Provision Contract that may be signed, constitute the entire agreement between the parties regarding their subject matter and supersede any prior agreement, understanding, offer, promise, or communication, whether verbal or written. In the event of a discrepancy between these Terms and a Service Provision Contract signed by both parties, the latter shall prevail.
  • +Assignment: The client may not assign, transfer, or subrogate the rights and obligations arising from its relationship with navamkt without the prior written consent of the latter. navamkt may rely on collaborators, suppliers, or subcontractors for the execution of the services, in any case retaining responsibility towards the client under the terms provided herein.
  • +Headings and Language: The titles of the clauses are included solely for ease of reference and do not affect their interpretation or scope. Should these Terms be published in different languages, the Spanish-language version shall prevail for all legal purposes.
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11. Jurisdiction and Applicable Law

For the interpretation, compliance, and execution of these Terms and Conditions, as well as for the resolution of any controversy that may arise from the use of the site or the contracting of services, the parties expressly submit to the federal laws of the United Mexican States and the state laws applicable in the State of Jalisco.

Likewise, the parties irrevocably submit to the jurisdiction and competence of the courts of the Guadalajara Metropolitan Area, Jalisco, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles, or for any other cause.

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12. Legal Contact

For any notification, question, or clarification regarding these Terms and Conditions, the user must communicate solely and exclusively through the email address: info@navamkt.com.