1. Scope and acceptance
These terms apply to every service provided by SOLUTIONS NOVA GROWTH SAS ("Nova Growth", "we"): video production, editing and AI video, digital marketing, automation and AI agents, and environmental management. Each project is defined in a written quote or contract (the "quote").
By accepting the quote in writing (signature, email or WhatsApp) or by paying the deposit, you accept these terms in the version in force at that time. If the quote says something different, the quote prevails. These terms prevail over the website terms of use.
2. Quote and scope
- The quote states the scope, deliverables, formats, revision rounds, timeline, price, payment terms and usage rights.
- It is valid for 15 calendar days unless it says otherwise.
- Anything not in the quote is not included. If you change the scope (more pieces, longer duration, new formats or changes to something already approved), we send you the additional cost in writing before doing it.
3. Price, payments and taxes
- Clients in Colombia: prices are in Colombian pesos, VAT included, with an electronic invoice.
- Clients outside Colombia: prices are in US dollars (US$). The quote states how payment-platform or transfer fees are covered.
- Unless the quote says otherwise, 50% is paid to start and the remaining 50% before delivery of the final files.
- Until payment is complete, we may deliver drafts with a watermark or in low resolution.
- If a payment is late, we may pause the work until we receive it, and the timeline moves by the same amount of time.
4. Your material and your obligations
- Provide on time the material, information and approvals the project needs, and name a contact person.
- Guarantee that you hold the rights or permissions for what you give us: videos, photos, music, logos, trademarks, text, and the image or voice of the people who appear.
- Answer for third-party claims arising from that material or from your instructions, and hold us harmless from them.
- Not ask us for illegal, misleading or discriminatory content, or content that infringes third-party rights. We may decline any such request.
5. Timelines
- Timelines start once we receive the deposit and the complete material.
- If a delay comes from your side (material, answers or approvals), the timeline moves by the same amount of time.
- If 30 calendar days pass without a reply from you, we may close the project and invoice the work done. Resuming it may have an additional cost, which we will tell you in advance.
6. Revisions and approval
- We include the revision rounds stated in the quote. A round is one consolidated set of written comments.
- Additional adjustments or changes to something already approved are quoted separately.
- If we receive no comments within 5 business days after a delivery, we consider it approved.
7. Delivery and storage
- We deliver the final files in the formats stated in the quote, through a download link.
- Source files (raw footage, editable projects or layered files) are not included unless the quote says so.
- We keep the project files for 90 days after final delivery. After that we may delete them, so please keep your own copy.
8. Usage rights and intellectual property
Unless the quote says otherwise, once you pay the project in full we assign to you the copyright economic rights in the final deliverables, to use them in any medium, in any country and with no time limit, under Colombian Law 23 of 1982.
- There is no assignment or license until payment is complete.
- The assignment does not include third-party elements (music, stock footage, fonts or templates), which are used under their own licenses (section 9).
- We keep ownership of our tools, templates, methods, reusable code and know-how, even if used in your project. For automations and AI agents, the quote states what becomes yours and what remains ours.
- Moral rights (for example, being credited as author) belong to their authors and cannot be assigned. We do not require credits in your pieces unless agreed.
9. Music, stock material and fonts
- We only use music with a commercial license, music you give us, or original music created for the project. We do not use commercial songs without a license.
- A library music license covers its use within the delivered piece; it does not allow extracting the song for other uses.
- If the piece will be used in paid advertising, TV or film, tell us in advance: some licenses charge extra or limit it, and the quote will say so.
- If you give us your own music, you guarantee that you hold its rights, including those of the performers and producers. We are not liable for claims over music you provided.
- If a platform (for example, YouTube) flags a claim on music we licensed, we give you the license proof to resolve it.
10. Artificial intelligence
- We may use AI tools to generate or edit images, video, voice, text, captions or translations, always under human direction and review. If a piece uses AI substantially (for example, generated scenes or voices), we say so in the quote or at delivery.
- We only use tools whose terms allow commercial use of the output.
- We do not create content that imitates a real person's face or voice without their written permission, or content designed to deceive, and we do not accept such requests.
- In several countries, fully AI-generated material may not be protected by copyright. We assign to you whatever rights we hold in those parts, but we cannot guarantee exclusivity over them.
- If you publish pieces with AI-generated content on platforms or ads that require disclosure (for example, Meta, YouTube or TikTok), labeling them is your responsibility; we tell you which pieces need it.
- If you do not want us to use AI with your material, tell us and we will put it in writing in the quote.
11. People appearing in videos
- When we film people, we ask them for a written image and voice release, unless you obtain it and give it to us.
- We only film minors with the written permission of their legal guardian.
- If you give us material showing people, you guarantee that you hold their permissions for the intended use.
12. Portfolio and use of your name
- We may show the final pieces in our portfolio, website, social media and sales proposals, naming you or your brand and our role, once you have published them or 60 days after final delivery, whichever comes first.
- We will not do so if you mark the project as confidential in the quote or ask us not to. If you ask us later, we remove the piece from our website and social media within 10 business days.
- If the piece shows people, we only publish it if their image releases cover that use.
- Using your logo in a client list, publishing a testimonial from you, or using the piece in Nova Growth's paid advertising requires your separate written permission.
13. Personal data
Each party complies with Colombian data protection law (Law 1581 of 2012 and Decree 1074 of 2015). We handle your contact and billing data under our Privacy Policy.
When providing the service requires us to process personal data you are responsible for (for example, your customer databases, conversations handled by an AI agent, campaign lists or people appearing in your material), we act as your data processor. In that case, this section serves as a data transmission agreement and we commit to:
- Use that data only to provide the service and under your instructions, never for our own purposes, sale or AI model training.
- Protect it with reasonable security measures and keep it confidential.
- Use only the technology providers stated in the quote.
- Forward to you within 2 business days any request we receive from the data subjects.
- Notify you within 72 hours if we detect a security incident affecting it.
- At the end of the service, return or delete it within 60 days, except what the law requires us to keep.
You guarantee that you hold the permissions needed to share that data with us and for the use you request. For projects with large volumes of data or sensitive data, we sign a separate data processing agreement.
14. Marketing, automation and AI agents
- We do not guarantee business results (sales, leads, followers or return on investment), because they depend on factors we do not control. We do commit to delivering what was agreed.
- Ad spend is paid directly to the platforms (Meta, Google, TikTok and others) and is not included in our fees unless the quote says otherwise. The same applies to third-party tool subscriptions.
- We recommend that ad accounts, WhatsApp Business accounts, domains and tools be in your name. If we create them, we transfer them to you at the end.
- We are not liable for account blocks or suspensions decided by the platforms, unless caused by our breach.
- We only send WhatsApp, email or SMS messages to people who authorized that contact, with an option to opt out and, for Colombia, within the days and hours allowed by Law 2300 of 2023. We may decline campaigns to databases without permission.
- An AI agent that talks with your customers must tell them they are talking to an automated assistant and offer them a human. Its answers rely on the information you give us, which you must review and keep up to date.
15. Environmental management
- We advise, prepare documentation, train and carry out internal audits. We do not certify: ISO 14001 certification is granted by an accredited certification body.
- Compliance with environmental and health obligations remains your company's responsibility. We do not guarantee the absence of requirements or sanctions from the authorities.
- Our work depends on the information you give us being truthful and complete.
- Documents that require a professional's signature are signed by a professional holding the registration required by law.
16. Warranty, corrections and right of withdrawal
- We correct at no cost any errors that are our responsibility (technical faults or deviations from what was agreed) that you report within 30 calendar days after final delivery.
- If you are a consumer in Colombia, you keep your rights under Law 1480 of 2011. If you hired us remotely (online, WhatsApp or phone), you may withdraw within 5 business days after acceptance, unless the service has already started with your agreement. If applicable, we refund you within 15 calendar days.
17. Cancellation
- You may cancel the project at any time by notifying us in writing. You pay for the work done up to that point and any costs we cannot recover (for example, licenses or bookings). The deposit is applied to those amounts and we refund any balance.
- We may end the project, with written notice, if we do not receive the agreed payments or if you ask us for something contrary to these terms or the law.
18. Confidentiality
We keep confidential any non-public information you share with us (strategies, data or unpublished material) during the project and for 2 years afterwards, unless the law or an authority requires disclosure. We ask the same of you regarding our prices, methods and internal documents.
19. Liability
- We are responsible for delivering what was agreed. To the extent permitted by law, our total liability for a project is limited to the amount paid for that project, and we are not liable for indirect damages or lost profits.
- These limits do not apply in cases of fraud or gross negligence, and they do not limit any consumer rights you have under the law.
- We are not liable for failures of third-party platforms, tools or services we do not control.
20. External collaborators
We may work with external collaborators (for example, camera operators, voice actors or developers) under confidentiality and rights-assignment agreements. We remain responsible to you for their work.
21. Communications
Communications, acceptances and approvals sent by email or WhatsApp to the contacts stated in the quote are valid (Colombian Law 527 of 1999).
22. Governing law and disputes
These terms are governed by the laws of Colombia. We will try to resolve any disagreement directly for 30 days. If that is not possible, it will be resolved by the competent courts of Pasto, Nariño, without prejudice to any consumer rights you may have.
23. Questions, complaints and claims
Email admin@solutionsnovagrowth.com with the subject "PQR". Each request receives a tracking number with date and time. Colombia's consumer protection authority is the Superintendence of Industry and Commerce (SIC).
24. Changes to these terms
We may update these terms. Each version is published on this page with its date and applies to quotes accepted after publication. Projects in progress keep the version you accepted.