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Terms and Conditions

Terms and Conditions of Use and Service Contracting

Last Updated: June 26, 2025

Welcome to Avanta Design. These Terms and Conditions ("Terms") govern the use of our websites avantadesign.com and asistentia.ai (collectively, the "Site"), including any content, functionality, and services offered on or through the Site, as well as the contracting of our professional services.

By accessing, browsing, or using our Site, or by contracting our services, you ("User" or "Client") acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, you must refrain from using the Site and our services.

These Terms constitute a legally binding contract between you and Avanta Design.

1. Definitions

  • Avanta Design ("We", "Our"): Refers to the legal entity operating the sites avantadesign.com and asistentia.ai and providing the services described.
  • User: Any person who accesses and uses the Site.
  • Client: Any individual or entity that contracts Avanta Design's services.
  • Services: The full range of services offered by Avanta Design, including, but not limited to: AI Agents and Automations, Digital Ads, Websites and E-Commerce, Branding and Strategy, Social Media Management, Photo and Video, Animation, Marketing, Software Creation, and Consulting.
  • AsistentIA: Our artificial intelligence agent and chatbot platform available on the Site, designed to provide information and automated assistance.
  • Deliverables: The final products, tangible or intangible, created by Avanta Design as a result of the contracted Services and specified in the Service Proposal (e.g., a logo, a functional website, a configured advertising campaign).
  • Intellectual Property: Includes all trademarks, patents, copyrights, trade secrets, methodologies, software, code, designs, and any other material protected by intellectual property laws.
  • Service Proposal: Formal document presented to the Client that details the scope, phases, deliverables, timeline, and investment of a specific project. These Terms are complementary to each Service Proposal.

2. Acceptable Use of the Site and AsistentIA

The User agrees to use the Site and AsistentIA lawfully and in accordance with these Terms. It is strictly prohibited to:

  • Use the Site for any illegal or unauthorized purpose.
  • Reverse engineer, decompile, or attempt to extract the source code of AsistentIA or any other software owned by Avanta Design.
  • Use robots, spiders, or other automated devices to monitor or copy the Site's content without our prior written permission.
  • Interfere with the proper functioning of the Site, including overloading our servers or introducing viruses and malware.
  • Provide false or misleading information.

3. About Our Services

Avanta Design offers a wide range of digital marketing, technology, and consulting services. The specific scope, deliverables, timelines, and costs of any project will be defined in a Service Proposal and/or a specific contract, which must be approved by the Client before work begins. These general Terms will apply to all Service Proposals.

4. Service Suspension Causes

Avanta Design may temporarily suspend access to the Services or the Site, without any liability, in the following cases:

  • Due to non-payment or delay in agreed payments.
  • When the Client repeatedly fails to fulfill their obligations to provide information, materials, or approvals necessary for the proper execution of the project.
  • Due to improper conduct by the Client or User, including but not limited to: fraudulent use, violation of third-party rights, non-compliance with third-party platform usage policies (such as Meta, Google, etc.) integrated into our services.
  • If it is detected that the Client or User uses the Services for illegal, illicit activities, or contrary to morality and good customs.
  • For technical or security reasons, including maintenance, updates, or incidents affecting the operability of the Site or Services.
  • By request of competent authorities or in compliance with legal provisions.

Suspension will be notified to the Client as far in advance as possible except in cases of urgency or force majeure.

5. Force Majeure

Avanta Design will not be responsible for non-compliance or delay in the provision of Services when such non-compliance or delay is caused by events beyond our reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, hurricanes, fires).
  • Pandemics or health emergencies.
  • War conflicts, civil unrest, or acts of terrorism.
  • Failures or interruptions in third-party services (internet providers, hosting platforms, external APIs).
  • Acts or omissions of governmental or regulatory authorities.
  • Any other cause that may be considered force majeure or fortuitous case according to applicable legislation.

In case of force majeure, Avanta Design will notify the Client as soon as possible and will strive to minimize the impact on the provision of Services.

6. Client Obligations

For the proper execution of the Services, the Client agrees to:

  • Provide all necessary information, materials (texts, images, logos, etc.), and access (to social media accounts, hosting, etc.) in a timely manner.
  • Guarantee that all materials provided to Avanta Design do not infringe copyright or third-party rights. The Client will indemnify Avanta Design for any claim arising from the materials they provide.
  • Designate a main point of contact to expedite communication and decision-making.
  • Perform reviews and provide feedback or approvals within the deadlines agreed in the Service Proposal to avoid delaying the project.
  • Comply promptly with all payment obligations.

7. Payments, Fees, and Refunds

  • Payment Structure: Payment terms will be specified in each Service Proposal. Common structures include an advance payment (e.g., 40-50%) to start the project, intermediate payments based on milestones, and a final payment upon delivery. Recurring services (e.g., maintenance, ad management) are billed monthly in advance.
  • Third-Party Costs: The Client is responsible for all third-party costs associated with the services, such as advertising media budget, API fees (OpenAI, etc.), hosting costs, domains, software licenses, etc. These costs will be transparent and, when possible, will be billed directly to the Client or clearly itemized on Avanta Design's invoice.
  • Payment Delays: Failure to pay on agreed dates may result in suspension of Services and retention of Deliverables until the account is settled. We reserve the right to apply late interest on overdue balances.
  • Refund Policy: Due to the nature of our creative and technical services, payments made, including advances, are not refundable once work has begun.

8. Intellectual Property

  • Avanta Design Ownership: Avanta Design is and will remain the sole owner of all its Intellectual Property, including, but not limited to: AsistentIA software and technology, work methodologies, processes, tools, pre-existing software, and any material created before or independently of the Client's project ("Avanta Materials").
  • Client Ownership: The Client is and will remain the owner of all materials they provide to Avanta Design for the project.
  • Deliverables Ownership: Upon receipt of final and complete payment for the Services, Avanta Design assigns to the Client ownership of the final and approved Deliverables, as defined in the Service Proposal.
  • Rights Retained by Avanta Design: Avanta Design retains the right to:
    • Use the Deliverables and a description of the project in its portfolio, marketing materials, social media, and for participation in industry awards.
    • Retain ownership of all concepts, designs, and drafts not selected or rejected by the Client.
    • Freely use the skills, knowledge, and general experience acquired during project execution.
  • Intellectual Property on AI-Generated Materials: Materials generated by AsistentIA or any artificial intelligence agent developed or implemented by Avanta Design at the Client's request will be owned by the Client, provided the Client has fulfilled their payment obligations. However, Avanta Design reserves the right to use such materials for internal improvement, training, or development purposes, always respecting confidentiality and without disclosing sensitive or proprietary Client information.
  • Client Responsibility for AI Content: The Client assumes full responsibility for the use, publication, or distribution of any content generated with the help of Avanta Design's artificial intelligence services, guaranteeing that such content does not infringe third-party rights, is not illegal, or contrary to morality and good customs. The Client will indemnify Avanta Design for any claim arising from improper use of this content.

9. Confidentiality

Both parties agree to maintain the confidentiality of the other party's proprietary information ("Confidential Information") disclosed during the term of the business relationship. This includes, among others, trade secrets, financial information, business strategies, and customer data. This confidentiality obligation will survive the termination of the Services.

Additionally, User interactions with AsistentIA and other AI agents are considered confidential. Avanta Design implements measures to protect the privacy and security of such data in accordance with the current Privacy Policy and will not disclose personal or sensitive information without consent, except as required by law.

10. Subcontracting and Strategic Alliances

The Client acknowledges and accepts that Avanta Design operates with a business model that includes strategic subcontracting and alliances with specialized providers (e.g., Ikal Project for video production, HoverBird for drones, GM Print for printing). Avanta Design will be the sole point of contact for the Client and will assume full responsibility for the management and quality of Services and Deliverables, regardless of whether they are executed by internal staff or external partners.

11. Limitation of Liability and Indemnification

  • Warranty Disclaimer: THE SERVICES AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". AVANTA DESIGN MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE SPECIFIC RESULTS (SUCH AS A DETERMINED ROI, SEARCH ENGINE RANKING, OR NUMBER OF SALES), AS THESE DEPEND ON MULTIPLE FACTORS BEYOND OUR CONTROL. OUR COMMITMENT IS TO APPLY OUR EXPERIENCE AND BEST PROFESSIONAL PRACTICES.
  • Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AND CUMULATIVE LIABILITY OF AVANTA DESIGN TO THE CLIENT FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO AVANTA DESIGN FOR THE SPECIFIC SERVICES THAT GAVE RISE TO THE CLAIM IN THE PREVIOUS SIX (6) MONTHS. AVANTA DESIGN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS.
  • Indemnification: The Client agrees to indemnify, defend, and hold harmless Avanta Design, its directors, employees, and partners, from and against any claim, liability, damage, loss, and expense (including attorneys' fees) arising from or related to: (a) your breach of these Terms; (b) your use of the Services; (c) the materials you provide; or (d) your violation of any law or third-party rights.

12. Specific Disclaimer for AsistentIA

AsistentIA is an artificial intelligence tool designed to assist and provide information based on the data with which it has been trained.

  • Nature of Information: Responses provided by AsistentIA are automatically generated and may contain inaccuracies or be incomplete. The information should not be considered as professional, financial, legal, or other advice.
  • Verification: The User is responsible for independently verifying any information provided by AsistentIA before making decisions based on it.
  • No Liability: Avanta Design is not responsible for any action taken, or not taken, based on interactions or information provided by AsistentIA. Use of AsistentIA is at the User's own risk.
  • Acknowledgment of the Evolving Nature of AI: Given the rapid evolution of artificial intelligence, the User acknowledges that Avanta Design's AI services may be updated, modified, or adapted to incorporate new technologies or improvements, without this implying an obligation of prior notification or guarantee of specific results. Avanta Design commits to maintaining the quality and functionality of its services in accordance with industry best practices.

13. Termination

  • For convenience: Either party may terminate a recurring service relationship with 30 days' written notice.
  • For breach: Either party may terminate the agreement immediately if the other party materially breaches these Terms and does not remedy such breach within 15 days after written notification.
  • Effects of Termination: Upon termination, the Client must pay all fees and costs pending for work performed up to the termination date. The Intellectual Property, Confidentiality, and Limitation of Liability clauses will survive termination.

14. General Provisions

  • Applicable Law and Jurisdiction: These Terms will be governed and interpreted in accordance with the laws of the United Mexican States. Any dispute arising in relation to these Terms will be submitted to the exclusive jurisdiction of the competent courts in the city of Puebla, Puebla, Mexico, with the User waiving any other jurisdiction that might correspond to them.
  • Modifications: We reserve the right to modify these Terms at any time. We will publish the updated version on the Site. Continued use of the Site or Services after the update date will constitute your acceptance of the changes.
  • Complete Agreement: These Terms, together with the Privacy Policy and any approved Service Proposal, constitute the complete agreement between the User/Client and Avanta Design.

If you have any questions about these Terms and Conditions, please contact us through the official channels provided on our Site.