Welcome to Navnub. These Terms of Service ('Terms') govern your use of the services provided by Navnub ('we', 'our', 'Navnub'), a leading company in the field of Artificial Intelligence (AI) that merges technological innovation with cloud-based solutions and artificial intelligence.
By accessing or using any of Navnub's services, you ('User', 'Client') agree to be legally bound by these Terms. If you do not agree with these Terms, you should not use our services.
1. Description of Services
Navnub specializes in creating innovative and technologically advanced solutions, with the mission to merge creativity with advanced technology to create exceptional digital experiences. Our services include, but are not limited to:
- Web Platform and Mobile Application Development: Creation of websites and applications that are not only visually appealing but also functional and highly intuitive.
- Artificial Intelligence (AI) Projects: Implementation of AI-based solutions to drive personalization and predictive analysis, resulting in solutions that adapt and evolve alongside our clients' changing needs.
- Chatbots and Automations: Development of high-quality chatbots for small and medium-sized businesses (SMBs), with integration into landing pages and compatibility with the WhatsApp Business API. These chatbots enhance customer interaction by providing instant responses to inquiries and help businesses automate repetitive tasks, resulting in greater efficiency and productivity.
- Cloud-Based Solutions: As pioneers in the convergence of cloud and artificial intelligence, we aim to provide scalable, customized, and highly functional solutions that drive digital transformation.
2. Acceptance of Terms
By contracting or using Navnub's services, you acknowledge that you have read, understood, and accepted these Terms, as well as our Privacy Policy and Cookie Policy. These Terms constitute a binding legal agreement between you and Navnub.
3. User Obligations and Conduct
The User agrees to:
- Provide truthful, complete, and updated information for the provision of services.
- Use Navnub's services lawfully and in accordance with morality, public order, and good customs.
- Not use the services for illegal, fraudulent, misleading purposes, or purposes that may harm the reputation of Navnub or third parties.
- Not upload, transmit, or distribute illegal, defamatory, obscene, abusive, threatening, harmful, privacy-invasive, racially or ethnically objectionable, or otherwise objectionable content.
- Not infringe upon the intellectual property rights of Navnub or third parties.
- Not interfere with the security or operation of the services or other systems connected to them.
- Be responsible for maintaining the confidentiality of any access credentials provided by Navnub or created by the User, and for all activities that occur under their account.
4. Intellectual Property
Navnub Content: All content, design, logos, trademarks, software, AI methodologies, and other intellectual property elements developed by Navnub, or for which Navnub is a licensor, are the exclusive property of Navnub or its licensors and are protected by applicable intellectual property laws.
Client Content: The Client shall retain intellectual property ownership of all content, data, and materials provided to Navnub for the provision of services. The Client grants Navnub a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and distribute such content solely for the purpose of providing the contracted services. The Client warrants that they have all necessary rights and permissions to provide such content to Navnub.
Specific Developments: The intellectual property of custom developments created by Navnub for the Client (e.g., source code of a custom chatbot, design of a specific web platform) will be governed by the specific agreements of each project, detailed in the corresponding service contract.
5. Payments and Billing
Payment terms, fees, deadlines, and any additional charges will be specified in the individual project proposal or service contract agreed between Navnub and the Client. The Client agrees to make payments on the stipulated dates and in the stipulated forms. Failure to make payments may result in the suspension or termination of services by Navnub.
6. Confidentiality
Navnub and the Client commit to maintaining the confidentiality of all non-public information shared between the parties during the business relationship ('Confidential Information'), including, but not limited to, trade secrets, technical, operational, financial, marketing information, business strategies, and customer data. Both parties agree to use Confidential Information solely for the purposes of providing the services and not to disclose it to third parties without the prior written consent of the disclosing party. This confidentiality obligation will remain in effect during the term of this agreement and for a period of five (5) years after its termination.
7. Personal Data Protection
Navnub is committed to protecting the privacy and personal data of its users and clients. All processing of personal data by Navnub is governed by our Privacy Policy and Cookie Policy, which are available on our website. By using our services, you consent to the processing of your personal data in accordance with said policies. Navnub commits to complying with applicable data protection laws, including, where applicable, the General Data Protection Regulation (GDPR) of the European Union, the California Consumer Privacy Act (CCPA/CPRA), and other relevant regulations.
8. Disclaimer of Warranties
Navnub is dedicated to excellence and constant innovation and strives to offer exceptional digital experiences. However, Navnub's services are provided 'as is' and 'as available', without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Navnub does not warrant that the services will be uninterrupted, error-free, secure, or that defects will be corrected. Any specific warranty regarding the performance or features of a particular service will be exclusively that established in a Service Level Agreement (SLA) attached to the individual project contract.
9. Limitation of Liability
In no event shall Navnub, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or intangible assets, or other intangible losses, resulting from (I) your access to or use of or inability to access or use the services; (II) any conduct or content of any third party on the services; (III) any content obtained from the services; and (IV) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been informed of the possibility of such damage. Navnub's total cumulative liability for any claim arising out of or related to these Terms or the services shall not, in any event, exceed the amount paid by the Client to Navnub for the services during the six (6) months prior to the date of the event giving rise to the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless Navnub and its directors, employees, partners, agents, suppliers, and affiliates, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys' fees), arising from or related to: a) your use of and access to the services; b) your breach of any of these Terms; c) the content you provide or transmit through the services; d) your violation of any third-party right, including without limitation any intellectual property, privacy, or third-party right; e) your negligent or intentional misconduct.
11. Force Majeure
Navnub shall not be liable for any delay or failure in the performance of its obligations under these Terms if such delay or failure is caused by events beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, civil unrest, embargoes, fires, floods, earthquakes, strikes, pandemics, labor or material shortages, telecommunications interruptions, network failures, or widespread cyberattacks.
12. Termination
Navnub may terminate or suspend your access to the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the services will immediately cease. Provisions of these Terms that by their nature should survive termination, including, without limitation, intellectual property provisions, disclaimer of warranties, limitation of liability, indemnification, and applicable law, shall remain in full force and effect.
13. Subcontracting
Navnub may, at its discretion, subcontract part or all of the provision of services to qualified third parties, provided that Navnub remains primarily responsible to the Client for the fulfillment of its obligations under these Terms and individual service agreements.
14. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, interpretation, performance, or termination, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the arbitration award may be entered in any court having jurisdiction over the parties. The place of arbitration shall be Doral, Florida, United States. The language of the arbitration shall be Spanish.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (e.g., significant changes to services, fees, or user rights), we will make reasonable efforts to provide at least thirty (30) days' notice before any new terms take effect, through a notification on our website or by email. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not accept the new terms, you must stop using Navnub's services.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
17. Entire Agreement
These Terms, together with any individual service contracts, the Privacy Policy, and the Cookie Policy, constitute the entire agreement between you and Navnub regarding the services and supersede any prior or contemporaneous agreements, whether oral or written, regarding such services.
18. Contact
If you have any questions about these Terms of Service, you can contact Navnub through the contact means available on our website: www.navnub.com.
Important Note
This document is a draft for discussion. For final implementation, it is essential that an attorney specialized in technology and commercial law review and adapt these Terms to the specific laws of all jurisdictions where Navnub operates and those of its clients, ensuring maximum legal protection for both parties and compliance with local and international regulations.