Terms of Service

1. Who these terms are with

These Terms of Service ("Terms") are an agreement between you ("you", "Client") and Gexdeal LLC, a Wyoming limited liability company trading as Potenciados, of 390 NE 191st St Suite 36126, Miami, FL 33179 ("we", "us").

They cover your use of potenciados.com and the marketing, design, and development services we provide. By using the site, creating an account, or subscribing, you accept these Terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it.

2. What we do

We provide digital growth services on a subscription basis — the disciplines listed on our Services page. We are an independent contractor, not your employee, partner, or agent. We decide how the work gets done, using our own methods and tools, to meet what we have agreed.

3. Subscriptions, plans, and requests

• Plans and prices are those shown on our Pricing page at the time you subscribe. Prices are in U.S. dollars and exclude any applicable taxes, add-ons, or additional usage.
• One active request at a time. Our subscription plans deliver one task at a time. You can queue as many as you like; we work them in the order you set.
• Turnaround varies with the size and complexity of a request. We will tell you what to expect for a given task. Unless we have said so in writing for a specific piece of work, timelines are estimates, not guarantees.
• Scope. Requests must fall within the services we offer. We may decline work that is outside our scope, unlawful, or that we are not equipped to do well.
• Fair use. Plans are for a single client entity. Reselling, sharing, or running requests on behalf of third parties is not permitted without our written agreement.

4. Billing, pausing, and cancelling

• Billing. Subscriptions bill in advance — monthly on the date you subscribe, or annually where you choose an annual term. Payment is handled by our payment processor; by subscribing you authorise us to charge your payment method on a recurring basis until you pause or cancel.
• Renewal. Subscriptions renew automatically for the same period unless you cancel before the renewal date.
• Pause or cancel anytime. You can pause or cancel from your account settings, effective at the end of your current billing period. We do not charge a cancellation fee and do not require notice.
• No pro-rata refunds. Because we reserve capacity for you, fees already paid for the current period are not refundable, and you keep access until the period ends. This does not affect any refund you are entitled to by law, or any refund we choose to give.
• Failed payments. If a payment fails, we may retry it and may suspend work until it clears. If it stays unpaid for 14 days, we may cancel the subscription.
• Price changes. We may change prices for future periods with at least 30 days' notice by email. If you do not accept a change, cancel before it takes effect.
• Taxes. Prices exclude sales, use, VAT, GST, and similar taxes, which you are responsible for except for taxes on our income.

5. What we need from you

You agree to:

• Give us timely access, assets, approvals, and feedback so we can do the work.
• Make sure anything you give us — copy, images, logos, data, credentials — is accurate and is yours to give us, and that our using it as intended will not infringe anyone's rights or break any law.
• Keep your account credentials secure and tell us promptly of any unauthorised use.
• Comply with the platform rules of any third party involved in the work (ad networks, app stores, hosts, and the like).

Where a delay is caused by waiting on you, timelines move accordingly and fees still apply for the period.

6. Acceptable use

You must not use our site or services to:

• Break the law, or promote anything unlawful, deceptive, or fraudulent.
• Infringe someone's intellectual property, privacy, or other rights.
• Send spam or unsolicited bulk messages, or breach anti-spam rules.
• Distribute malware, or probe, scan, or interfere with our systems or anyone else's.
• Scrape or bulk-download the site, or attempt to reverse-engineer any part of our services.
• Impersonate anyone, or misrepresent who you are or your affiliation.

7. Who owns what

• Your material stays yours. You keep all rights in everything you give us. You grant us a licence to use it for as long as we need it to deliver the work.
• Deliverables become yours on payment. Once we have been paid in full for the period in which a deliverable was produced, we assign to you all rights we hold in that final deliverable, as delivered.
• We keep our own toolkit. We retain everything we bring with us or develop generally — methods, know-how, frameworks, templates, code libraries, and internal tools. To the extent any of it is embedded in a deliverable, we grant you a perpetual, worldwide, non-exclusive licence to use it as part of that deliverable.
• Third-party material. Fonts, stock imagery, plugins, and similar remain under their own licences. We will tell you where a deliverable depends on one.
• Our site. The Potenciados name, logo, and site content are ours. These Terms give you no right to use our branding.

8. Showing our work

We may identify you as a client and show non-confidential work in our portfolio, on this site, and in proposals. If you would rather we did not, tell us at [email protected] and we will stop and remove it from our own channels. We will not publish anything you have marked confidential.

9. Confidentiality

Each of us may learn non-public information about the other. Both of us agree to use it only to perform under these Terms, to protect it at least as carefully as our own confidential information, and not to disclose it to anyone except staff and contractors who need it and are under similar obligations. This does not apply to information that is public through no fault of ours, that we already had, that we develop independently, or that we must disclose by law — where, if allowed, we will give you notice first.

10. What we do not promise

Marketing results depend on factors outside our control — your market, your product, your pricing, competitors, and the policies and algorithms of search engines and ad platforms. We do not guarantee any particular ranking, traffic level, conversion rate, revenue, or return on investment, and nothing on this site is a promise of a specific result. Any figures we show for past work describe what happened for that client, not what will happen for you.

Except as expressly stated in these Terms, the site and services are provided "as is" and "as available", and we disclaim all other warranties to the fullest extent the law allows, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted or error-free.

11. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or lost business opportunity, even if told such damages were possible.

To the fullest extent permitted by law, our total liability arising out of or relating to these Terms or the services is limited to the amount you paid us in the three (3) months immediately before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law — including liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

12. Indemnity

You will defend and indemnify us against third-party claims, and reasonable costs and legal fees arising from them, that result from material you gave us, from your use of a deliverable in a way we did not advise, or from your breach of these Terms or of applicable law.

13. Suspension and termination

You may cancel at any time under section 4. We may suspend or terminate your access if you materially breach these Terms and do not fix it within 14 days of notice, if payment stays unpaid, or immediately where required by law or where continuing would expose us to liability.

On termination: your right to use the site and services stops; you must pay any amounts already due; we will hand over deliverables for periods you have paid in full; and sections 7, 9, 10, 11, 12, and 14 survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, where Gexdeal LLC is organised, without regard to its conflict of laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction, and both of us consent to venue there.

Before filing anything, we both agree to try to resolve the dispute by talking — write to [email protected] describing the problem and what you want, and we will have 30 days to sort it out.

If you are a consumer resident in the European Union or the United Kingdom, nothing here deprives you of the protection of the mandatory laws of your country of residence, or of your right to bring proceedings in your local courts.

15. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or a prominent notice on the site, and the change takes effect at the start of your next billing period. Continuing to use the services after that means you accept the new Terms. If you do not accept them, cancel before they take effect.

16. The rest

• Entire agreement. These Terms, our Privacy Policy, and any signed statement of work are the whole agreement between us. Where a signed statement of work conflicts with these Terms, the statement of work wins for that engagement.
• Severability. If a provision is unenforceable, the rest stays in force.
• No waiver. Not enforcing a right is not giving it up.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of assets.
• Force majeure. Neither of us is liable for delay caused by events beyond reasonable control.
• Notices. We will send notices to the email on your account. Send yours to [email protected].