Effective Date: April 22, 2026

Welcome to Creando.WTF. By accessing our website or engaging our services, you are entering into a binding agreement with Creando WTF, based in Cancun, Mexico).

We are a disruptive agency. We move fast, we use cutting-edge AI, and we deliver results. These terms ensure that our partnership remains transparent, professional, and legally secure across borders.

1. Scope of Services

Creando WTF provides premium digital growth services, including:

  • SEO & Growth Hacking: Search engine optimization and scaling strategies.
  • Content & Social Media: Generation and management of digital assets.
  • AI Automation: Deployment of proprietary and third-party AI workflows to streamline business processes.
  • Nearshoring Execution: Providing specialized talent and strategy for the US and international markets from our hub in Cancun.

2. The Nearshoring Model & Communication

For our international clients, specifically in the USA, we operate under a nearshoring scheme.

  • Alignment: We operate primarily within the Central/Eastern Time Zones to ensure real-time collaboration.
  • Official Channels: Our primary communication tools are Slack, Zoom / Google Meet, and email. Any strategic changes must be confirmed via email to be considered “instruction of record.”

3. Payments, Taxes & Currency

  • Domestic (Mexico): Services provided within Mexico are billed in MXN and are subject to the applicable IVA (16%).
  • International (Nearshoring): Services for clients outside of Mexico are billed in USD. Under Mexican tax law, the export of digital services to a foreign entity is generally subject to a 0% IVA rate, provided the client meets the “foreign resident” requirements.
  • Late Payments: Invoices not settled within 15 days of the due date are subject to a 5% monthly late fee.

4. Intellectual Property (IP)

  • Client Ownership: Upon receipt of full payment, all final deliverables created specifically for the Client (graphics, copy, SEO reports, code, custom AI agent) become the property of the Client.
  • Agency Tools: Creando WTF retains ownership of its proprietary “Winning Tactics,” internal workflows, AI prompts and agents, and automated scripts used to generate the final output.
  • Portfolio Rights: Unless a specific NDA is signed, the Agency reserves the right to showcase results as a case study for marketing purposes.

5. AI Ethics & Platform Dependencies

As specialists in AI automation, we leverage 3rd-party platforms (including but not limited to OpenAI, Google, Anthropic, Midjourney, and Make.com).

  • Accuracy: While AI significantly enhances output, the Client acknowledges that AI can occasionally produce “hallucinations” or inaccuracies. The Agency applies human oversight, but the Client is responsible for final approval of critical data.
  • Compliance: We ensure AI-generated content follows current platform guidelines (e.g., Google’s Search Essentials) to protect your brand’s reputation.

6. Digital Force Majeure & Third-Party Outages

In addition to standard Force Majeure (acts of God, natural disasters), Creando WTF is not liable for delays or failures caused by:

  • API Disruptions: Outages or sudden policy changes by third-party providers (OpenAI, Meta, Google, etc.).
  • Algorithm Shifts: Radical changes in search engine or social media algorithms that impact performance metrics.
  • Digital Infrastructure: Regional internet backbone failures or widespread cloud hosting outages (AWS, Azure, Google Cloud).

7. Dual-Jurisdiction Governing Law

This agreement bridges two legal environments to protect both the Agency and the Client:

  • For Mexican Operations: This agreement is governed by the laws of the State of Quintana Roo, Mexico.
  • For Cross-Border (US/International) Operations: While we respect the data protection laws of the Client’s jurisdiction (e.g., CCPA or GDPR), the legal seat of this contract is Mexico.

8. Dispute Resolution: The Cancun Arbitration Shield

To avoid the prohibitive costs and complexity of cross-border litigation in US or International courts, both parties agree to the following:

  1. Direct Negotiation: Parties shall first attempt to resolve any dispute through 30 days of good-faith negotiation.
  2. Binding Arbitration: If negotiation fails, all disputes arising from this agreement shall be settled by final and binding arbitration in Cancun, Mexico.
  3. Waiver of External Courts: Both parties explicitly waive their right to pursue claims in any other jurisdiction (including US State or Federal courts). Arbitration may be conducted virtually in English or Spanish to accommodate international clients.

9. Limitation of Liability

To the maximum extent permitted by law:

  • Creando WTF shall not be liable for any indirect, incidental, or “punitive” damages (including lost profits).
  • Our total liability for any claim is strictly capped at the total amount paid by the Client to the Agency during the three (3) months immediately preceding the event that gave rise to the claim.

10. Data Privacy (LFPDPPP & International Standards)

We process data in compliance with Mexico’s Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP). For international clients, we maintain security standards that align with global expectations for data processing and confidentiality.

11. Termination

  • Monthly Retainers: Either party may terminate the relationship with a 30-day written notice.
  • Project-Based: Termination results in immediate billing for all work-in-progress up to the date of cancellation.

BY PROCEEDING WITH A QUOTE, INVOICE, OR SERVICE AGREEMENT, THE CLIENT ACKNOWLEDGES THEY HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS & CONDITIONS.

For questions regarding these terms, please contact: hello@creando.wtf