Terms & Conditions

01 Website owner

Welcome to Cogrowth. These Terms and Conditions govern the use of our services and website. Cogrowth is a trademark and technology initiative legally and financially operated by CREACIONES JOSMARLUIS, C.A., a company registered in the Bolivarian Republic of Venezuela. By engaging Cogrowth's services, the binding contract is entered into with CREACIONES JOSMARLUIS, C.A..

In compliance with applicable disclosure duties, the following details identify the owner of this website:

Referred to below as "Cogrowth", "we" or "the owner".

02 Purpose and acceptance

These Terms & Conditions (the "Terms") govern access to, browsing of and use of the website cogrowthai.com, including all of its subdomains and pages, as well as the general framework preceding any engagement of our services.

Access to the site is free of charge and confers the status of "user". Simply browsing the site constitutes full and unreserved acceptance of these Terms in the version published at the time of access. If you do not agree with them, please do not use this site.

These Terms are supplemented by our Privacy Policy, which forms an inseparable part of them.

03 Informational nature of the site

No description of services, methodology, phase, deliverable, timeline or outcome published on this site creates any obligation for Cogrowth until a written proposal has been accepted by both parties.

We aim to keep the information published accurate and current, but we do not warrant that it is free from errors, omissions or outdated material. We reserve the right to modify the content, structure and services described at any time and without prior notice.

04 Conditions of use

4.1. Permitted use

You may access the site, consult its content, download or print it for your personal or internal professional use, and share links to our pages.

4.2. Prohibited uses

You agree not to use the website for unlawful or harmful purposes and, in particular, to refrain from:

• Reproducing, copying, distributing, transforming or publicly communicating its content for commercial purposes without our express written authorisation.
• Introducing or spreading viruses, malicious code or any system capable of damaging the owner's or third parties' systems.
• Attempting to gain unauthorised access to restricted areas, accounts, servers or databases, or circumventing their security measures.
• Using robots, spiders, scrapers or automated tools to extract content in bulk, other than search engine crawlers that respect our robots file.
• Using the content of this site to train artificial intelligence models without our express written authorisation.
• Submitting false information through the form, impersonating another person, or sending unsolicited advertising.
• Taking any action that places a disproportionate load on our infrastructure or impairs its normal operation.
• Removing, concealing or manipulating intellectual property notices or any identifying information of the owner.

Breach of these obligations entitles us to deny you access to the site, without prejudice to any legal action that may apply.

05 Contact form and initial consultation

The site provides a form for requesting a diagnostic consultation. By using it:

• You warrant that the information provided is truthful, accurate and current, and that you are entitled to disclose it. If you provide third-party data, you confirm you have their prior authorisation.
• You understand that submitting the form creates no contractual relationship: it is solely a request to be contacted.
• You agree that we may contact you by email or telephone to handle your request.
• The initial consultation is free, approximately 30 minutes long and without commitment for either party. You are not obliged to engage us, and we are not obliged to accept the engagement.

We reserve the right not to act on requests that are manifestly unrelated to our activity, incomplete, fraudulent or abusive. Any data you provide is handled in accordance with our Privacy Policy.

06 Our services

Cogrowth provides operational audit, digital infrastructure design and deployment, process automation, CRM implementation and artificial intelligence agent integration services.

Unless expressly agreed otherwise in the specific contract:

• Our obligations are obligations of means, not of result: we undertake to apply due professional diligence and skill, not to achieve any particular figure for revenue, conversion, savings or growth.
• Client cooperation — access to systems, provision of information and timely sign-off on deliverables — is a necessary condition for proper performance. Delays attributable to the client are not attributable to us.
• The cost of third-party licences, subscriptions and services required to run the system (automation platforms, AI model providers, hosting, CRM) is not included in our fees and is borne by the client, unless expressly stated otherwise.

07 Case studies, examples and testimonials

The outcome of any project depends on many factors beyond our control: the sector, the size and maturity of the organisation, the quality of its data, the team's engagement, the market and the client's own effort. Past results do not guarantee future results.

Third-party figures and statistics we cite — such as the data on lead conversion probability relative to response time — are drawn from publicly available industry studies, offered as general context, and have not been independently verified by Cogrowth.

Third-party trademarks, trade names and logos that may appear belong to their respective owners, and their mention implies no sponsorship, association or endorsement.

08 Specific provisions on artificial intelligence

Because our work relies on artificial intelligence systems, the following warnings are expressly given:

• Probabilistic nature. AI models produce probabilistic output. They can generate inaccurate, incomplete or inappropriate responses — including so-called "hallucinations" — even when correctly configured.
• Human oversight. The systems we deploy are designed to assist people, not to replace them in critical decisions. The client must maintain oversight and human review mechanisms proportionate to the risk of each use case.
• Third-party dependency. Our solutions rely on platforms and model providers we do not control. Changes to their policies, pricing, availability, usage limits or terms of service may affect how the system performs, through no fault of ours.
• Responsibility for data. The client is responsible for the lawfulness of the data it feeds into the systems and for having the legal basis needed to process it, as well as for properly informing its own users.
• Client's regulatory compliance. It is for the client to verify that its use of the system complies with the law applicable to it, including, where relevant, Regulation (EU) 2024/1689 on Artificial Intelligence and transparency obligations towards its end users.
• No training use. We do not use client data to train our own or third-party models, save with express written authorisation.

09 Intellectual and industrial property

All intellectual and industrial property rights in this website and its contents — text, structure, graphic design, source code, illustrations, photographs, video, methodologies and their selection and arrangement — belong to Cogrowth or to third parties who have authorised their use, and are protected by applicable national and international law.

The name "Cogrowth", its logo and its distinctive signs are the exclusive property of the owner. Their use without express written authorisation is prohibited.

Accessing the site does not transfer or license any of these rights, beyond what is strictly necessary to consult it under section 4.1.

9.1. Ownership of deliverables

Unless expressly agreed otherwise in the specific contract, ownership of bespoke developments and deliverables produced for a client transfers to that client once the agreed price has been paid in full. Cogrowth retains ownership at all times of its methodology, reusable components, templates and pre-existing or generally applicable technical know-how, together with the right to continue using them on other projects.

9.2. Reporting infringements

If you believe any content on this site infringes your intellectual property rights, notify us at info@cogrowthai.com, identifying the content and evidencing your ownership. We will review it diligently and remove the content where appropriate.

10 Links and third-party services

This site may contain links to third-party websites. Such links are provided for reference only and do not imply that Cogrowth endorses, sponsors or assumes any responsibility for their content, products, services or privacy practices. Access to those sites is at your sole risk and subject to their own terms.

The site also loads technical resources hosted on third-party servers (typefaces and animation libraries). Their availability and operation are outside our control. Details of these providers are set out in section 5 of our Privacy Policy.

11 Warranties and disclaimer

The website is provided "as is" and "as available". To the fullest extent permitted by applicable law, Cogrowth gives no warranty, express or implied, as to:

• The accuracy, completeness, currency or usefulness of the content published.
• That the site will operate uninterrupted, securely or free from error.
• That the site or the servers hosting it are free from viruses or other harmful components.
• The suitability of the site or its content for any particular purpose.
• The results obtainable from applying the information published.

Any decisions you take based on the content of this site are made at your sole risk. We recommend verifying any material information with a professional adviser before acting.

12 Limitation of liability

To the fullest extent permitted by applicable law, Cogrowth shall not be liable for:

• Indirect, incidental, special, punitive or consequential damages, including loss of profit, revenue, business opportunity, goodwill or data, or business interruption.
• Damages arising from the use of, or inability to use, the website.
• Damages arising from unauthorised access to your transmissions or data for reasons beyond our control.
• Statements or conduct of any third party on or through the site.
• Failures, suspensions or changes in third-party services on which our solutions depend.
• Events of force majeure or fortuitous events, including power or connectivity outages, cyber-attacks, natural disasters or decisions of public authorities.

In respect of contracted services, and unless the specific contract provides otherwise, Cogrowth's total aggregate liability to a client for any claim is limited to the amount actually paid by that client during the three (3) months preceding the event giving rise to it.

13 Indemnity

You agree to hold Cogrowth, together with its collaborators and suppliers, harmless from any claim, demand, penalty, loss, damage, cost or expense — including reasonable legal fees — arising from:

• Your use of the website in breach of these Terms or of applicable law.
• Any infringement of third-party rights, including intellectual property or data protection rights.
• False, inaccurate or unlawful information you have provided to us.

14 Site availability and continuity

Cogrowth will endeavour to keep the website accessible and functioning properly, but does not guarantee uninterrupted availability. We reserve the right to suspend access temporarily for maintenance, updates or improvements, and to modify, suspend or discontinue the site or any of its sections in whole or in part, without prior notice and without giving rise to any right to compensation.

15 Personal data protection

The processing of personal data collected through this site is governed by our Privacy Policy, which sets out what data we collect, for what purpose and on what legal basis, who we share it with, how long we keep it and how you can exercise your rights of access, rectification, erasure, restriction, portability and objection.

Where, in the course of a project, Cogrowth processes personal data on behalf of a client, the parties will enter into the corresponding data processing agreement containing the minimum content required by Article 28 GDPR.

16 Changes to these Terms

We reserve the right to amend these Terms at any time to reflect changes in legislation, case law or our services. The version in force will always be the one published on this page, identified by its last-updated date and version number.

We recommend reviewing it periodically. Use of the site after an amended version is published constitutes acceptance of it.

17 Governing law and jurisdiction

These Terms are governed by the laws of the Bolivarian Republic of Venezuela, the owner's place of establishment.

For the resolution of any dispute arising from access to or use of the website, the parties submit to the courts of [TO COMPLETE: city], Venezuela, expressly waiving any other jurisdiction that might apply, unless the law imposes another on a mandatory basis.

Where we contract with clients established in other jurisdictions, the governing law and forum may be expressly agreed in the specific contract, which will prevail over this clause.

18 General provisions

• Severability. If any clause is declared void or unenforceable by a competent court, it shall be deemed not written and the remainder shall remain fully valid, the affected clause being replaced by one pursuing the closest possible purpose.
• No waiver. Cogrowth's failure at any time to require strict performance of any provision does not constitute a waiver of the right to require it later.
• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding use of the website, superseding any prior communication or agreement on that subject.
• Assignment. You may not assign your position or rights under these Terms without our prior written consent. Cogrowth may assign them in the context of a restructuring or transfer of its business.
• Languages. These Terms are published in Spanish and English. In the event of any discrepancy between versions, the Spanish version prevails.
• Notices. Any notice relating to these Terms should be sent to info@cogrowthai.com.