GENERAL TERMS AND CONDITIONS
MASTER AGREEMENT
OH MY BRAND!®
I. AGREEMENT INTEGRATION
These Terms and Conditions are comprised of the Master Agreement, Annex A (Creative and Design Services), Annex B (Intellectual Property Protection Services), and Annex C (Copyright Protection Services), which together form a single legal agreement and shall be interpreted jointly and complementarily.
In case of contradiction:
The Master Agreement shall prevail, and
The Annex applicable to the contracted service shall take precedence over the other Annex.
Acceptance of any of the services implies full acceptance of the Master Agreement and the corresponding Annex(es).
II. ACCEPTANCE, LEGAL CAPACITY, AND GENERAL SCOPE
To use the website and/or contract services, THE CLIENT declares to be of legal age, to have legal capacity, and accepts that contracting, payment, submission of information, or confirmation through digital means constitutes a legally binding agreement.
Services will only begin when:
Express acceptance of these Terms and Conditions,
Confirmed payment, and
Full delivery of information by THE CLIENT.
III. SERVICE PROVIDER INFORMATION
Trade name: Oh My Brand!®
Tax address: Anillo Vial Fray Junípero Serra #9200 int. 701, Residencial El Refugio, C.P. 76146, Querétaro, Qro., México.
Activity: Creative and graphic design services; intellectual property consulting; feasibility studies; trademark registration; declaration of use; renewal; monitoring and related services.
IV. VALID COMMUNICATION CHANNELS
For all purposes arising from the provision of the service, THE CLIENT acknowledges and agrees that the official and valid means of contact and communication with THE PROFESSIONAL shall be:
WhatsApp: 4421851180 and 4421614987
Email: info@ohmybrand.mx, hola@ohmybrand.mx, aida@ohmybrand.mx
Valid contact information shall be that provided by THE CLIENT through:
WhatsApp,
Email, or
Questionnaire / brief.
Any communication, notice, request, approval, notification, delivery, clarification, or instruction made through these channels shall be considered validly issued and received, and therefore THE CLIENT may not claim lack of knowledge or notification.
V. SUSPENSION DUE TO LACK OF INSTRUCTIONS
When the continuity of the service requires information, documentation, handwritten signature, express confirmation, or any additional instruction from THE CLIENT, and it is not provided within the reasonably requested timeframe, THE PROFESSIONAL may temporarily suspend the execution of the service.
Such suspension:
Shall not constitute a breach.
Shall not generate liability.
Shall not give rise to penalties or compensation.
Shall not imply automatic termination.
The suspension shall operate as a proportional and necessary measure to avoid defective or legally unfeasible execution of the service.
VI. ADMINISTRATIVE VALIDITY OF THE FILE
In case of suspension due to lack of instructions, material or legal impossibility not attributable to THE PROFESSIONAL, the file shall remain active for a maximum period of 60 calendar days from the suspension notice.
After this period without express confirmation from THE CLIENT:
The matter shall be considered administratively concluded.
The obligation to follow up shall be deemed extinguished.
A new contract may be required for reactivation.
The foregoing does not imply waiver of the client's substantive rights before authorities, but only the administrative closure of the professional intervention.
VII. EARLY TERMINATION FOR JUSTIFIED CAUSE
THE PROFESSIONAL may terminate the contractual relationship early when there is justified cause affecting the viability of the professional relationship, including but not limited to:
Objective loss of professional trust.
Unfounded accusations of dishonesty.
Aggressive or intimidating behavior.
Requests contrary to law or technically unfeasible.
Interference preventing independent technical practice.
Termination shall be carried out through written notice and shall take effect upon communication.
Where applicable:
Generated documentation shall be delivered.
A proportional refund of unearned amounts shall be made.
No additional claims for moral damages, lost profits, or unmet expectations shall apply.
VIII. FORCE MAJEURE (ENHANCED)
The parties expressly acknowledge that actions before administrative authorities depend on platforms, criteria, institutional availability, and resolutions beyond the control of THE PROFESSIONAL.
Therefore, any:
Unavailability of electronic systems.
Changes in criteria.
Work stoppages.
Authority requirements or notices.
Regulatory changes.
Shall constitute third-party events and cases of supervening legal or material impossibility.
In such cases:
Obligations shall be automatically suspended.
Deadlines shall be extended proportionally.
No attributable breach shall exist.
It is hereby stated that THE PROFESSIONAL's obligation is one of means and not of results.
🅰️ ANNEX A
Creative and design services
A1) Acceptance, legal age, and legal capacity
For purposes of these Terms and Conditions:
THE PROFESSIONAL is the individual or legal entity providing the creative and design services described in the quotation accepted by THE CLIENT, acting independently.
THE CLIENT is the individual or legal entity contracting the creative services, accepting the provided quotation, and agreeing to comply with these Terms and Conditions.
By accepting this quotation, contracting any service and/or making a payment, THE CLIENT accepts the terms of the quotation and declares and guarantees that:
They are of legal age under applicable law;
They have sufficient legal capacity to be bound;
If acting on behalf of a legal entity or third party, they have sufficient authority to accept these Terms and Conditions and bind such entity.
Acceptance of these Terms and Conditions shall have full legal validity.
A2) Creative services and scope
For purposes of these Terms and Conditions, creative services shall be understood as all professional services related to the creation, development, design, conceptualization, production, and/or adaptation of graphic, visual, audiovisual, or digital elements, including but not limited to:
graphic and editorial design,
logo and visual identity design,
branding and naming,
website design and development,
animation, video, and audiovisual content,
presentations, brochures, printed or digital materials,
advertising pieces and visual content.
The contracted service includes only what is expressly described in the accepted quotation, including deliverables, formats, quantities, and scope specified therein.
Any additional work, piece, format, adaptation, version, correction, animation, programming, extra delivery, or use not contemplated shall be considered an additional service (Extra) and must be quoted and authorized separately.
A3) Project start and timelines
The project will only begin when all of the following conditions are met:
a) Express acceptance of the service, through signing these Terms and Conditions and the quotation accepted by THE CLIENT or via WhatsApp message:
“I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS AND THE QUOTATION NAMED: (write full quotation name) THAT I RECEIVED”;
b) Completion of the corresponding payment; and
c) Full delivery of the requested information, materials, and access, where applicable.
Delivery timelines are those stated in the quotation provided to the client and depend directly on the client’s collaboration.
Any delay attributable to the client shall shift the schedule without liability for THE PROFESSIONAL.
A4) Payments and invoicing
No work will begin or continue if there are outstanding payments.
Payments must be made in accordance with what is agreed in the quotation accepted by THE CLIENT.
For invoicing purposes, THE CLIENT must provide valid tax information in a timely manner, and invoices will only be issued in the month in which payments are made.
A5) Client responsibilities
THE CLIENT agrees to:
Provide complete and truthful information, texts, images, logos, and materials;
Respond to reviews and approvals within the indicated deadlines;
Hold usage rights to all provided materials;
Not request the use of content that infringes third-party rights.
A6) Professional autonomy and third-party support
THE CLIENT expressly authorizes THE PROFESSIONAL to act under their professional judgment for project development, as well as to rely on collaboration, support, or hiring of other professionals, suppliers, or individuals deemed necessary to fulfill the service objectives.
Such collaboration does not create any employment relationship between THE CLIENT and personnel hired by THE PROFESSIONAL, and therefore THE CLIENT is released from any labor, tax, social security, or other liabilities arising from such relationship.
A7) Changes and revisions
The service includes only the number of revisions and changes indicated in the quotation accepted by THE CLIENT.
Once THE CLIENT approves a proposal, design, animation, structure, style, stage, or version, any subsequent modification shall be considered Extra, even if minimal, and will incur an additional cost.
A8) Services, expenses, and items not included
Unless expressly stated in the quotation, the service does not include:
Printing, physical production, or installation;
Licenses, fonts, music, images, source code, or third-party software;
Domain, hosting, external platforms, or third-party digital services;
Additional adaptations to other formats or media.
A9) Penalties
When the project is affected by causes attributable to THE CLIENT, THE PROFESSIONAL may apply, individually or jointly and depending on the project stage, the following penalties:
a) Project pause.
This will apply when THE CLIENT fails to provide information, materials, access, or approvals within the established deadlines.
The project may remain paused for a maximum period of fifteen (15) calendar days.
After this period, if THE CLIENT has not resolved the cause of the pause, the project will be considered permanently canceled, with no possibility of reactivation, applying the corresponding cancellation penalty.
b) Schedule rescheduling.
When the project must be moved in the calendar due to lack of response, temporary abandonment, late payments, or changes attributable to THE CLIENT, the new start or delivery dates will not be immediate and may be assigned up to thirty (30) calendar days after the date on which THE CLIENT requests resumption.
THE CLIENT acknowledges that, by abandoning or pausing the project, any priority in the schedule is lost.
c) Resumption after maximum period.
If THE CLIENT requests the resumption of the project after the fifteen (15) calendar days pause period, the project cannot be reactivated and will be automatically considered canceled, applying the cancellation penalty.
d) Charges for out-of-scope changes.
Any modification, adjustment, or service not included in the approved quotation will be considered an additional service (Extra) and will be quoted and charged separately.
e) Service cancellation due to causes attributable to the client.
When THE CLIENT cancels the project for any cause attributable to them, or when cancellation occurs automatically according to the previous clauses, THE PROFESSIONAL will deliver only the work completed up to that moment, in its current state, and THE CLIENT must pay a cancellation penalty equivalent to 25% (twenty-five percent) of the total project value, with no possibility of refund.
f) Cross penalty for subsequent cancellation.
If THE CLIENT cancels the project after any of the previous penalties have been applied, the cancellation penalty will be automatically triggered, without one penalty excluding or nullifying the other, and may be charged cumulatively.
g) Delivery formats.
In case of cancellation, THE PROFESSIONAL will deliver only what has been worked on up to that moment in the corresponding formats, including but not limited to:
.psd, .ai, .jpg, .png, .php and/or .pdf.
The delivery of editable files will be subject to what is expressly agreed in the quotation and full payment of the corresponding amounts.
h) Valid notification.
Any notification related to pauses, rescheduling, penalties, or cancellation will be considered valid when sent via WhatsApp and/or email to the contact details provided by THE CLIENT, whether through WhatsApp, email, or within the questionnaire/brief, and THE CLIENT may not claim ignorance.
A10) Causes attributable to the client
The following will be considered causes attributable to the client, among others:
Lack of payment or late payments;
Lack of response, communication, approval and/or delivery of information;
Changes to the initial criteria or project requirements and/or scope of the quotation;
Delivery of incorrect, incomplete material or material that violates third-party rights;
Hostile, offensive, or non-cooperative behavior toward any person related to THE PROFESSIONAL or the PROFESSIONAL themselves.
In these cases, THE PROFESSIONAL may suspend, reschedule, or terminate the service without obligation of refund.
A11) Causes attributable to THE PROFESSIONAL
A cause will be considered attributable to THE PROFESSIONAL only when there is an unjustified breach of the contracted scope, provided that THE CLIENT has fulfilled payments, information, and approvals, and no causes attributable to the client exist.
A12) Consequences of causes attributable to THE PROFESSIONAL
In case of a cause attributable to THE PROFESSIONAL:
The breach will be corrected at no additional cost; or
If it is not possible to continue, THE CLIENT will have the right to receive the files corresponding to the work completed up to that moment and in their current state. A refund will be issued only if the services have not been performed.
A13) Service suspension
THE PROFESSIONAL may suspend the service when there is non-payment, lack of information, lack of response, or any cause attributable to the client, without generating liability or right to refund.
A14) Cancellation
If THE CLIENT decides to cancel the project once it has started, there will be no refunds and they must cover the work completed up to that moment and the applicable penalties according to these Terms and Conditions.
A15) Intellectual property
Usage rights of the final deliverables are transferred to THE CLIENT only when the project is fully paid.
Unselected proposals, drafts, tests, discarded animations, or preliminary materials may not be used by the client. In case of unauthorized use, THE CLIENT will incur infringement of THE PROFESSIONAL’s copyright, who may take the legal actions deemed appropriate.
THE PROFESSIONAL retains moral rights and the right to display the work in their portfolio and media, printed or digital.
A16) Confidentiality, data, and jurisdiction
Both parties agree to keep confidential the information shared during and after the project.
Personal data will be processed in accordance with applicable legislation.
For the interpretation and enforcement of these Terms and Conditions, the parties expressly submit to the laws and competent courts of Querétaro, Mexico, waiving any other jurisdiction.
A17) Client satisfaction, implied acceptance, and questionnaire / brief
A17.1 Implied acceptance due to lack of response.
Once the work, progress, or deliverables corresponding to each stage of the project are delivered, THE CLIENT will have a maximum period of three (3) business days to express in writing any observation, comment, or disagreement.
After this period without any statement, total and express acceptance of the work performed will be understood.
A17.2 Deliverables limited to the quotation.
THE CLIENT acknowledges and accepts that they will receive only the deliverables expressly described in the accepted quotation.
A17.3 Questionnaire / brief as the main design tool.
THE CLIENT acknowledges and accepts that they must complete a questionnaire or brief, which constitutes the main basis for the design and development of the project.
A17.4 Responsibility for brief content.
If THE CLIENT provides incomplete, incorrect, or ambiguous information, or later states that the result “was not what they wanted” despite having been developed according to the brief, there will be no breach by THE PROFESSIONAL. Any adjustment will be considered Extra.
A17.5 Creative freedom and non-excessive intervention.
THE CLIENT agrees to allow THE PROFESSIONAL to perform their work with creative and technical freedom. Repeated intervention that hinders the project development may result in termination and application of penalties.
A17.6 Exclusion of liability for client-attributable dissatisfaction.
THE PROFESSIONAL is released from any liability for dissatisfaction arising from causes attributable to THE CLIENT.
The hiring through payment, form, WhatsApp, email, or any digital means implies the express, full, and unconditional acceptance of these Terms and Conditions.
🅱️ ANNEX B
LEGAL AND INTELLECTUAL PROPERTY SERVICES
This Annex applies when the client contracts feasibility studies, trademark registration, declaration of use, renewal, monitoring, or other Intellectual Property services.
II. TRADEMARK FEASIBILITY STUDY
B1. Purpose
To analyze the legal possibility of registering a distinctive sign before IMPI.
It is a prior, independent, and separate service from the registration process.
B2. Scope
Includes a preventive analysis that may include:
Phonetic search
Figurative search (if applicable)
Review of legal impediments
Analysis of one trademark in one class
The study is carried out solely with the information provided by the client.
B3. Execution time. Project start and timelines
The project will start only when all the following conditions are met:
a) Express acceptance of the service, by signing these Terms and Conditions and the quotation authorized by THE CLIENT or by sending the following WhatsApp message:
“I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS AND THE QUOTATION NAMED: (write the full name of the quotation) THAT I RECEIVED”;
b) Completion of the corresponding payment; and
c) Full delivery of the requested information, materials, and access, when applicable.
Delivery times are those stated in the quotation provided to the client or communicated via WhatsApp and depend directly on the client’s collaboration.
Any delay attributable to the client will shift the schedule without liability for THE PROFESSIONAL.
B4. Nature of the study
It is a professional opinion, not a guarantee.
The final decision corresponds exclusively to IMPI.
B5. Second study at no cost
If the first name is unfavorable, the client is entitled to one free second study within the same class.
Any additional study will have an extra cost.
B6. Delivery of results
Results are delivered via email and/or WhatsApp, through PDF files and explanatory audio, to the email and phone number provided by the client in the Feasibility Study Form or from the initial contact method.
B7. Study expiration
If the result is favorable, its maximum validity is 15 business days.
After this period, the result may change due to new applications being filed.
The provider is not responsible if the process is initiated after this period.
B8. Non-refundable
Once the study has been completed and delivered, no refunds will be issued, regardless of the outcome.
III. TRADEMARK REGISTRATION PROCESS
B9. Purpose
Administrative and legal management of the registration application before the IMPI.
B10. Scope
Includes:
Preparation and filing of the application
Classification according to Nice Classification
File integration
Follow-up of the process for up to 6 months
Does not include services not expressly contracted.
B11. Independence of the study
Registration may be initiated with or without a feasibility study, the latter being under the client’s responsibility.
B12. Timelines
Resolution timelines do not depend on the provider.
IMPI typically takes 5 to 6 months, but this may vary.
B13. Official fees
IMPI fees:
Are included in the price offered at the time of contracting.
They are non-refundable under any circumstances.
B14. Client obligations
Provide truthful information, authorize the process, and respond in a timely manner.
Failure to respond may result in abandonment or rejection, without liability for the provider.
B15. Requirements
Any IMPI requirements that generate additional work will be quoted separately.
B16. Re-entry guarantee only for Trademark Registration
The provider does not guarantee the granting of the registration, even when requirements are addressed; therefore, we offer the following re-entry guarantee depending on the case:
Re-entry or Response Guarantee at No Additional Professional Fee
Valid only for the first rejection or the first prior citation issued by IMPI.
At OH MY BRAND!® we want you to register your trademark with full confidence.
That is why we offer this guarantee:
If your trademark registration application is rejected by IMPI or a prior citation is issued, we offer you a solution at no additional cost in our professional fees, only for the first occurrence, for a single contracted class, and without the possibility of accumulation or reuse. This guarantee does not cover IMPI official fees, which must be paid again by the client.
B16.1. Covered cases
a) In case of registration refusal:
A new application will be filed at no cost for our professional fees, referring to the same trademark, with adjustments only to the name, according to the reasons for the refusal.
Important: This guarantee does not include trademark naming services or graphic design. The client must provide new name proposals for evaluation (maximum 3) and make the necessary adjustments to the logo or contract these services separately.
b) In case of prior citation:
The client may choose between:
Submitting a basic response to the requirement, or
Filing a new application adjusting the name according to the received observation.
Important: The basic response included is limited to a brief document drafted by OH MY BRAND!®, based on the technical elements identified in the initial search. It does not include advanced legal drafting, legal remedies, appeals, oppositions, or specialized external advisory, and does not guarantee the granting of the registration.
B16.2. Conditions to apply the guarantee
To make this guarantee valid, the client must have complied with all of the following conditions:
Have contracted the phonetic and figurative feasibility search with OH MY BRAND!®
Have completed the trademark application process with us
Have authorized the filing without modifying the viable trademark recommended by our team
The process must correspond exactly to the same IMPI class originally contracted
The new filing must reasonably derive from the original concept and business activity
If the client requests a completely different trademark, name, logo, or business activity, it will be considered a new process, and the guarantee will not apply.
B16.3. Cases where it DOES NOT apply
This guarantee will not be valid if:
An external search or one conducted by a third party was used
The client was warned of a high risk and decided to proceed under their own criteria
The trademark was modified without revalidation by our team
The refusal or citation was due to abandonment, lack of response by the client, failure to meet requirements, or any omission attributable to the client
B16.4. Validity and procedure to request it
This guarantee may be requested within 15 calendar days following formal notification from IMPI.
The request must be sent by email to: tramites@ohmybrand.mx
Once the new application or response is prepared, the client will have 15 calendar days to authorize its submission.
If authorization is not received within that period, the guarantee will be considered used, regardless of whether it has been filed before IMPI or not.
Important: The use of this guarantee is subject to the legal deadlines established by IMPI. OH MY BRAND!®® will not be responsible if, due to client delay, the right to respond or refile expires under applicable legal terms.
B16.5. Covered costs
This guarantee covers only the professional fees of OH MY BRAND!®® for the second filing or for preparing a basic response.
IMPI official fees must be paid again by the client, at the price in force at the time of the process.
B17. Non-refundable
Once the process has started, no refunds will be issued, even if the registration is denied.
IV. USE AND MAINTENANCE OF THE TRADEMARK
B18. Proper use
The trademark must be used exactly as registered.
Any modification may result in loss of protection.
Protection only applies to the registered goods or services.
B19. Declaration of use
Failure to file within the legal period may result in cancellation.
Not included unless expressly contracted.
B20. Validity
The trademark is valid for 10 years from the filing date.
B21. Renewal
Must be requested within the legal period.
Not included unless expressly contracted.
B22. Monitoring
Trademark monitoring is not included unless expressly contracted.
The provider will not be responsible for conflicts when this service is not contracted.
V. CONDUCT, CANCELLATIONS, PAUSES AND BAD FAITH
B23. Client conduct
The provider may deny, suspend, or cancel the service without refund when the client:
Be hostile, offensive, or disrespectful
Fail to cooperate or hinder the service
Fail to respond for more than 5 business days without prior notice
B24. Cancellation due to causes attributable to the client
Once payment has been made and the service has started, cancellation or refund will not proceed when the cancellation derives from causes attributable to the client, including:
Change of mind
Lack of interest
Failure to provide information
Decision not to continue the process
The payment will be considered fully earned.
B25. Service pause due to causes attributable to the client
If the client requests a pause or fails to respond for more than 5 business days, the service will be automatically suspended.
The pause:
Does not stop legal deadlines before IMPI
Does not generate liability for the provider
May require additional costs for reactivation
B26. Cancellation due to causes attributable to the provider
Only if the provider cancels the service before it has materially started, the client may request:
Rescheduling, or
Proportional refund, excluding completed work and official fees
B27. Bad faith and intent
The service will be denied or canceled without refund if there is evidence of intent to:
Harm third parties
Block trademarks
Act in bad faith or with intent
VI. PAYMENTS
B28. Payment method
All services must be paid in full and in advance.
The service will not start without confirmed payment and express acceptance of these Terms and Conditions.
VII. FINAL PROVISIONS
B29. Applicable law
Federal Law for the Protection of Industrial Property and other applicable Mexican laws.
B30. Jurisdiction
The parties submit to the competent courts of the State of Querétaro, waiving any other jurisdiction.
B31. Means of notification
Email and WhatsApp provided by the client and by Oh My Brand!®.
B32. Entire agreement
This document constitutes the entire agreement between the parties.
B33. Modifications
The provider may modify these Terms and Conditions. They apply from their publication.
B34. Partial nullity
The nullity of one clause does not affect the rest.
🟥 ANNEX C
TERMS AND CONDITIONS FOR THE COPYRIGHT REGISTRATION SERVICE BEFORE INDAUTOR
I. SCOPE OF THE SERVICE
C1. Types of works that can be registered
The Copyright Registration service before the National Institute of Copyright (INDAUTOR) applies, by way of example but not limitation, to the following types of works:
Literary work (books, ebooks, manuals)
Artistic work (illustrations, paintings, photographs)
Audiovisual work (videos, animations)
Musical work
Computer programs / software
Graphic design (logos, layouts, graphic pieces)
The type of work will be determined based on the information provided by THE CLIENT.
II. INCLUDED SERVICES
C2. Services included in the engagement
The Copyright Registration service before INDAUTOR includes exclusively the following:
Review of file requirements
Advisory on the type of work to be registered
Completion of the corresponding application before INDAUTOR
Compilation of required files and documents
Filing of the application before INDAUTOR
Administrative follow-up of the process until resolution
Official INDAUTOR fees
Any service not expressly mentioned shall be considered excluded.
III. NON-INCLUDED SERVICES
C3. Non-included services
The service does NOT include:
Corrections, clarifications, expansions, or modifications requested by INDAUTOR after the application has been filed
Drafting, correction, or modification of the content of the work
Litigation legal advisory, legal defense, lawsuits, or procedures other than registration
Changes resulting from errors, omissions, or incorrect information provided by THE CLIENT
Any additional requirement will be quoted separately, if THE PROFESSIONAL decides to offer such service.
IV. SERVICE TIMELINES
C4. Preparation and filing time
The estimated time for preparation and filing of the application is 5 to 8 business days, counted from the complete receipt of the information, required documentation, payment, and express acceptance of these Terms and Conditions.
C5. Resolution time
The approximate resolution time by INDAUTOR is 30 to 60 calendar days.
C6. Authority independence
THE CLIENT acknowledges and accepts that deadlines, timelines, and resolutions do not depend on THE PROFESSIONAL, but exclusively on INDAUTOR; therefore, there is no guarantee regarding exact timelines or results.
V. DELIVERY OF RESULTS
C7. Delivery method
The result of the process will be delivered as follows:
Original physical certificate
Shipping of the original physical certificate will incur an additional cost, which must be covered by THE CLIENT, especially when shipping is outside the State of Querétaro.
VI. WARNINGS AND LIMITATIONS OF REGISTRATION
C8. Scope of registration before INDAUTOR
THE CLIENT acknowledges and accepts that:
INDAUTOR does not validate or assess the originality of the work; it only registers it
Registration does not prevent future conflicts
Authorship is presumed according to what is declared by THE CLIENT
THE PROFESSIONAL is not responsible for the truthfulness, legality, or originality of the content provided
THE PROFESSIONAL is not responsible for falsity, plagiarism, infringement, or bad faith attributable to THE CLIENT
THE CLIENT understands and accepts that INDAUTOR does not protect ideas or general topics, but rather the specific way in which a work is created and expressed.
Therefore, registering a work does not prevent others from developing content on the same topic, as long as they use their own material and do not copy the registered work.
The registration exclusively protects the content, structure, and form of expression of the work submitted by THE CLIENT, granting a legal presumption of authorship over such work.
VII. NO WARRANTIES
C9. No guarantee of result
THE CLIENT acknowledges that:
Granting of registration is not guaranteed
Exclusivity of the topic is not guaranteed
Absence of present or future conflicts is not guaranteed
Registration depends exclusively on the competent authority.
VIII. NON-REFUNDABLE
C10. Non-refundable
The service shall be NON-REFUNDABLE in the following cases:
Once the application has been filed before INDAUTOR
In case of rejection by INDAUTOR
For causes attributable to THE CLIENT
Once work on the project has begun
IX. CAUSES ATTRIBUTABLE TO THE CLIENT
C11. Causes attributable to THE CLIENT
The following, among others, are considered causes attributable to THE CLIENT:
Non-payment
Submission of incomplete, incorrect, or false information
Lack of response or delay in providing documentation
Changes after the application has been filed
Hostile, offensive, or uncooperative behavior
In these cases, THE PROFESSIONAL may suspend or cancel the service without refund.
X. CAUSES ATTRIBUTABLE TO THE PROFESSIONAL
C12. Causes attributable to THE PROFESSIONAL
A cause attributable to THE PROFESSIONAL shall only be considered when there is direct and unjustified breach of the contracted service, provided that THE CLIENT has fulfilled all obligations.
XI. PAYMENTS
C13. Payment method
All services must be paid in full and in advance.
The service will not begin without confirmed payment and express acceptance of these Terms and Conditions.
XII. FINAL DATA AND GENERAL PROVISIONS
C14. Service provider
Trade name: Oh My Brand!®
Tax address:
Anillo Vial Fray Junípero Serra #9200 int. 701, Residencial El Refugio, C.P. 76146, Querétaro, Qro., Mexico.
C15. Applicable law
Federal Copyright Law and other applicable Mexican laws.
C16. Jurisdiction
The parties submit to the competent courts of the State of Querétaro, waiving any other jurisdiction.
C17. Notification methods
Email and WhatsApp provided by THE CLIENT and by Oh My Brand!®.
C18. Express acceptance
Contracting through payment, form, WhatsApp, email, or any digital means implies express, total, and unreserved acceptance of this ANNEX C.
ANNEXES ABC. Express acceptance
Contracting through payment, form, WhatsApp, email, or any digital means implies express, total, and unreserved acceptance of these Terms and Conditions.
ANNEXES ABC. ACT OF GOD, FORCE MAJEURE, AND LEGAL OR MATERIAL IMPOSSIBILITY OF PERFORMANCE
In accordance with the legal principle that no one is obligated to do the impossible, THE PROFESSIONAL shall not be responsible for any delay, suspension, impossibility, or partial or total impact in the execution of the services when such circumstance arises from facts, acts, omissions, or events beyond their reasonable control, not attributable to them, and that make compliance with their obligations legally or materially impossible.
The following shall be considered cases of fortuitous event or force majeure, including but not limited to:
Technical failures, outages, interruptions, blocks, maintenance, updates, overloads, or any type of disruption in electronic systems, digital platforms, or IT services of the Mexican Institute of Industrial Property (IMPI), the National Copyright Institute (INDAUTOR), or any other administrative or judicial authority.
Cyberattacks, digital security breaches, or server unavailability.
Work suspensions, institutional closures, changes in administrative criteria, or regulatory modifications.
Acts of authority, government provisions, legislative reforms, or resolutions that alter procedures.
Power outages, telecommunications failures, or internet service disruptions.
Natural disasters, extreme weather events, fires, floods, earthquakes, or other natural events.
Pandemics, health emergencies, or official contingencies.
Armed conflicts, wars, civil unrest, terrorism, strikes, or situations of social instability.
Any other unforeseeable, unavoidable event beyond THE PROFESSIONAL’s control in accordance with applicable law.
In such cases:
THE PROFESSIONAL’s obligations shall be automatically suspended for as long as the impediment persists, without constituting breach of contract.
No civil, contractual, administrative, or any other liability shall arise for THE PROFESSIONAL.
No penalties, compensation, refunds, indemnification, or termination attributable to the provider shall apply.
Contractual deadlines shall be deemed extended for the duration of the cause that originated the suspension.
THE PROFESSIONAL shall resume service provision once the cause preventing execution disappears, within a reasonable time according to the existing operational workload.
