Terms of Use

1. Acceptance of Terms

By accessing or using the Eluvia Marketing website (www.emkt.mx), our services, content, tools, or any materials we provide, you agree to be legally bound by these Terms of Use and our Privacy Policy.

If you do not agree with any part of these terms, you should not use our website or services.

2. Website Use

Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website for the following purposes:

• Learn about our marketing services
• Read our blog and educational content
• Download free resources we offer
• Contact us for business inquiries
• Request our professional services

Prohibited Use

You may not use our website for:

• Illegal activities: Any purpose that violates local, state, national, or international laws
• Technical damage: Attempting unauthorized access, interfering with site operation, or distributing viruses or malicious code
• Content theft: Copying, reproducing, distributing, or commercially exploiting our content without explicit authorization
• Reverse engineering: Decompiling, reverse engineering, or attempting to extract source code from the website
• Spam or harassment: Sending unsolicited communications, spam, or harassing other users
• Impersonation: Impersonating Eluvia Marketing or any other person or entity
• Scraping: Extracting data automatically without our prior consent

3. Professional Services

Scope of Services

Eluvia Marketing offers professional digital marketing services, including but not limited to: branding, web design, SEO, social media management, content marketing, digital advertising, and strategic consulting.

All service projects are governed by individual service contracts that specify:

• Detailed scope of work and deliverables
• Project timeline and deadlines
• Pricing, payment terms, and billing schedule
• Revision policies and limits on modifications
• Intellectual property rights and file transfer
• Confidentiality and non-disclosure terms
• Cancellation and refund policies

Service Contracts

All professional work requires a signed contract before beginning. Specific project terms prevail over these general Terms of Use in case of conflict.

Warranties and Limitations

We provide professional services with the utmost care and expertise. However:

• No guarantee of specific results: Marketing results vary by industry, competition, budget, and factors outside our control
• Past performance not indicative: Case studies and previous results do not guarantee future results
• Client collaboration required: Success requires your active participation, timely feedback, and provision of necessary materials
• Third-party dependencies: Some services depend on third-party platforms (Google, Meta, etc.) that are outside our control

4. Intellectual Property

Website Content Ownership

All content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is owned by Eluvia Marketing or licensed for our use.

Content is protected by Mexico's copyright laws and international treaties.

Trademarks

"Eluvia Marketing" and all related logos, service marks, and trade names are trademarks or in the process of registration by Circulation Studio, S. de R.L. de C.V.

You may not use our trademarks without our prior written consent.

Client Work

For contracted professional work:

• During project: We retain all rights until full final payment is received
• After final payment: We transfer complete ownership of all final deliverables to the client
• Portfolio right: We reserve the right to display completed work in our portfolio unless confidentiality is specified in the contract
• Working files: Drafts, sketches, and working files may be retained unless otherwise specified in the contract

User Content

If you submit content to our website (blog comments, contact forms, reviews), you grant Eluvia Marketing a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content.

You are responsible for ensuring you have the necessary rights to grant this license.

5. Payments and Refunds

Payment Terms

Payment terms are specified in individual service contracts. Typically:

• Initial deposit: 50% of total project cost before starting work
• Final payment: Remaining 50% before final file delivery or launch
• Recurring services: Billed monthly in advance
• Payment methods: Bank transfer, PayPal, Stripe, major credit cards, Venmo, cryptocurrency
• Accepted currencies: USD or MXN as agreed in contract

Late Payments

Overdue payments are subject to:

• 1.5% monthly interest on overdue balances
• Work suspension until payment is received
• Project termination after 30 days of delinquency
• Withholding of files and deliverables until paid in full

Refund Policy

Due to the customized nature of our services:

• Deposits are non-refundable: Once we begin work, deposits are not refunded
• Client cancellation: If you cancel mid-project, you pay for work completed to date
• Work dissatisfaction: We work with you through contractual revision rounds to resolve issues
• Non-delivery by us: If we fail to deliver as agreed in contract, we offer full refunds

6. Limitation of Liability

To the maximum extent permitted by law:

Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitations of Damages

Eluvia Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

Our total liability shall not exceed the amount you paid for the services in question during the 12 months prior to the event giving rise to the claim.

Exceptions

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

7. Indemnification

You agree to indemnify, defend, and hold harmless Eluvia Marketing, its directors, employees, contractors, and agents from any claim, damage, obligation, loss, liability, cost, or debt, and expense (including attorney fees) arising from:

• Your use or misuse of our website and services
• Your violation of these Terms of Use
• Your violation of third-party rights, including intellectual property rights
• Any content you provide that is defamatory, illegal, or infringes rights

8. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Eluvia Marketing.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that Eluvia Marketing shall not be responsible, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on such content, goods, or services available on such third-party websites or services.

9. Confidentiality

We acknowledge that during our business relationship, you may share confidential information with us.

Our Commitments

• Maintain confidentiality of all sensitive business information
• Not disclose proprietary strategies, data, or materials
• Use information only for purposes agreed upon in contract
• Implement reasonable security measures to protect your information
• Sign additional NDA agreements when necessary

Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available without breach of these terms
• Was in our possession before your disclosure
• Is received from third parties without confidentiality obligation
• Must be disclosed by law or court order

10. Termination

Termination by Us

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including without limitation if:

• You violate these Terms of Use
• You engage in fraudulent or illegal activities
• You provide false or misleading information
• You fail to pay invoices as agreed
• You treat us or our team abusively or disrespectfully

Termination by You

You may terminate your use of our services at any time by ceasing to access the website or contacting us to cancel contracted services.

Effects of Termination

Upon termination:

• Your right to use the website ceases immediately
• You remain responsible for all outstanding payments
• Sections of these terms that by their nature should survive termination will do so
• We may retain working files until full payment is received

11. Modifications to Terms

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion.

When we make significant changes:

• We will update the "Last Updated" date at the top
• We will notify current clients by email
• We will post a prominent notice on our website

Your continued use of the website after modifications are posted constitutes your acceptance of the modified terms.

12. Governing Law and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of Mexico, specifically those of the State of Guanajuato, without regard to any conflict of law principles.

Any legal dispute arising from or related to these terms shall be subject to the exclusive jurisdiction of courts located in San Miguel de Allende, Guanajuato, Mexico.

13. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

14. Waiver

No waiver by Eluvia Marketing of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

15. Entire Agreement

These Terms of Use, together with our Privacy Policy and any specific service contracts, constitute the entire agreement between you and Eluvia Marketing regarding use of our website and services.

16. Contact

If you have questions about these Terms of Use, contact us: