Terms & Conditions | Exclusividades

1. Acceptance of These Terms

By accessing or using the Exclusividades website, submitting an inquiry, booking a call, or purchasing services from us, you agree to these Terms & Conditions and our Privacy Policy. If you do not agree, do not use the website or services.

2. About the Services

Exclusividades provides creative and related services for e-commerce and marketplace brands, including Amazon listing images, A+ Content, Brand Story assets, packaging design, logo design, and white-label or agency support. Specific deliverables, timelines, pricing, and revision rounds are governed by the proposal, invoice, statement of work, or written agreement applicable to the project.

3. Website Use

You may use the website only for lawful purposes and in a way that does not infringe the rights of others, interfere with site operations, or attempt unauthorized access to systems, accounts, or data. We may suspend or block access if we believe a user is abusing the website or violating these terms.

4. Quotes, Orders, and Payments

Quotes and pricing are subject to change until accepted. Unless otherwise agreed in writing, work begins after the required deposit or full payment is received. Invoices must be paid according to the payment terms stated in the proposal or invoice. We may pause work, withhold deliverables, or reschedule timelines if payments are late.

5. Revisions, Scope, and Turnaround

Projects are limited to the number of revisions included in the purchased package or written agreement. Additional requests, expanded scope, delayed approvals, incomplete source materials, or new deliverables may require added fees and updated timelines. Estimated turnaround times are targets, not guarantees.

6. Client Responsibilities

You are responsible for providing accurate instructions, timely feedback, and any source materials needed for the project, including logos, product files, images, copy points, claims, compliance information, and marketplace requirements. You represent that you have the rights necessary to provide those materials and authorize us to use them for the project.

7. Amazon and Marketplace Compliance

You remain responsible for the legality, accuracy, substantiation, and marketplace compliance of your product claims, listing content, packaging statements, and seller account activity. We provide creative services and general presentation support; we do not guarantee Amazon approval, search ranking, conversion rate, revenue, account status, or compliance outcomes.

8. Intellectual Property

All pre-existing intellectual property, internal methods, templates, processes, know-how, and portfolio materials owned by Exclusividades remain our property. Subject to full payment of all amounts due, the final custom deliverables created specifically for your project will be licensed or assigned to you as described in the governing proposal or invoice. Third-party assets, stock materials, fonts, software, and platform elements remain subject to their own license terms.

9. Portfolio and Promotional Use

Unless we agree otherwise in writing, we may display completed work, project excerpts, brand names, and approved visuals in our portfolio, website, social channels, proposals, and case studies for promotional purposes. If your project is confidential or white-label, we can limit or delay such use if this is clearly agreed in writing.

10. White-Label and Agency Engagements

For agency and white-label relationships, we will not knowingly present ourselves as your agency to your client unless instructed to do so as part of the agreed workflow. Agency partners remain responsible for their client contracts, approvals, compliance representations, and end-client communications unless expressly delegated in writing.

11. Cancellations and Refunds

Deposits and payments may be non-refundable once work has been scheduled, research has begun, or creative production has started, except as required by law or expressly stated in your agreement. If a project is cancelled, you remain responsible for work completed, time reserved, expenses incurred, and any non-cancellable third-party costs.

12. Disclaimer of Warranties

The website and services are provided on an "as is" and "as available" basis to the maximum extent permitted by law. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

13. Limitation of Liability

To the fullest extent permitted by law, Exclusividades will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill arising out of or related to the website or services. Our aggregate liability for any claim arising from a project or these terms will not exceed the amount actually paid to us for the specific service giving rise to the claim during the six months preceding the event, unless a different limit is required by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Exclusividades and its owners, contractors, employees, and representatives from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your materials, product claims, breach of these terms, or misuse of the website or deliverables.

15. Third-Party Tools and Links

We may use or link to third-party services such as scheduling software, email providers, file-sharing tools, payment processors, analytics tools, and marketplace platforms. We are not responsible for the availability, policies, or performance of third-party services.

16. Governing Law and Venue

These Terms & Conditions are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute arising out of or relating to these terms, the website, or our services will be brought exclusively in the state or federal courts located in or serving Miami-Dade County, Florida, unless applicable law requires otherwise.

17. Changes to These Terms

We may update these Terms & Conditions from time to time by posting a revised version on the website. The updated version becomes effective when posted unless a later date is stated. Continued use of the website after a revision means you accept the updated terms.

18. Contact Information

Questions about these Terms & Conditions may be sent to:

Exclusividades

info@exclusividades.com

+1 917 730 7146

1000 Brickell Ave, Suite 715
Miami, FL 33131
USA