Terms and Conditions

1. Acceptance of the Terms

By accessing or using the website capitandelmarketing.com (including all of its subdomains), booking a consultation, submitting a form, or purchasing our services, you agree to be bound by these Terms and Conditions ("Terms") and by our Privacy Policy.

If you do not accept these Terms, do not use the site or our services.

2. Who operates this site

• Legal name: QUWWA LLC
• Trade name: Capitán del Marketing
• Address: 412 West 7th Street, Clovis, NM 88101, United States
• Contact email: [email protected]
• Founder: Damian Silva

3. Services we offer

Capitán del Marketing offers:

• Strategic consulting: free diagnostic calls and paid consulting engagements.
• The New Agent Method™: a complete managed digital marketing system for real estate agents in the United States, including CRM setup (GoHighLevel), installation of the Artix AI assistant, Meta Ads management, content production, and automations.
• Courses and educational resources, where available.
• Proprietary digital tools such as the Capitán CRM, where available.

The specific services purchased, along with their scope, duration, price and deliverables, are documented in a separate commercial agreement (Service Agreement or Statement of Work) signed between you and QUWWA LLC at the time of purchase. That agreement prevails over any general information on this site.

A full description of what we sell, what it costs and how it is billed is published at Services, Pricing and Payment Policy.

4. Eligibility

To purchase our core services you must:

• Be at least 18 years of age and have legal capacity to contract.
• Be a real estate agent holding a current, active license in a United States state, or be affiliated with a brokerage that holds one. We confirm coverage for your specific area during the diagnostic call.
• Have demonstrable financial capacity to sustain the minimum advertising investment set out in your Service Agreement, for the duration of the engagement.

We reserve the right to decline clients whose area, profile or context does not fit our system, with no obligation to provide an explanation.

5. How the purchase process works

• You book a free 30-minute consultation with Damian.
• If both parties conclude there is a fit, we send you a formal Service Agreement and a payment request.
• You sign the agreement and make the initial payment.
• System installation begins, typically completed within 7 business days.

6. Pricing, payments and billing

The current prices of all plans are published at Services, Pricing and Payment Policy. Prices are stated in United States dollars (USD) and may or may not include local taxes applicable in your jurisdiction.

• Payments are processed through third-party providers (Stripe, PayPal, bank transfer).
• Invoices are issued by QUWWA LLC under a United States EIN.
• Card charges appear on your statement as CAPITAN MKTG.
• Recurring payments are charged automatically to the payment method on file until you notify cancellation in writing, as set out in section 7.3.
• System installation is included in the plan price. There is no separate setup or onboarding fee.
• The advertising budget (Meta Ads) is additional and you pay it directly to Meta — not to us.

7. Guarantee, refund and cancellation policy

7.1 Unconditional 30-day installation guarantee

To exercise this guarantee, email [email protected] before day 30 with the subject line "30-Day Refund Request". No justification is required. We process the refund to the original payment method within a maximum of 15 business days.

Exclusions: the guarantee does not cover advertising spend you have already paid to Meta or other platforms, nor amounts already earned for specific work unrelated to the installation of the system.

7.2 After 30 days — all sales are final

7.3 Cancelling your plan

You may cancel the automatic renewal of your plan at any time, with no penalty and no exit fee, by emailing [email protected] with the subject line "Cancellation Request" at least 15 calendar days before your next billing date. We confirm receipt and the effective cancellation date in writing. You keep the service through the end of the cycle already paid for. Payments already made are not refunded.

On cancellation you retain ownership of your CRM, your contacts, your published content and your digital assets.

7.4 Billing disputes and chargebacks

Should a formal dispute be filed with the card issuer, we will provide the payment processor with the signed Service Agreement, the record of deliverables and the associated communications.

8. Expected results — disclaimer

Results in real estate marketing depend on multiple factors outside our control:

• Your prior experience and sales skills.
• Your commitment and discipline in execution (recording videos, attending the appointments Artix books, following processes).
• Local real estate market conditions.
• The specific demand in your area.
• Your advertising budget and its continuity.
• The price elasticity of the properties you handle.
• Macroeconomic factors (interest rates, real estate cycle, regulation).

We do not guarantee any specific number of leads, appointments, closings, commissions or income. Your success is your responsibility; our role is to install and operate the technical system that maximizes your probabilities.

9. Your obligations as a client

By purchasing The New Agent Method™, you commit to:

• Provide truthful information during onboarding.
• Record a minimum of 3 videos per month following the scripts provided, so that Layer 1 (Authority) functions.
• Maintain the minimum advertising budget committed in your Service Agreement.
• Attend the appointments Artix AI books with pre-qualified prospects.
• Comply with all laws applicable to your profession (real estate license, Fair Housing Act, RESPA, and others).
• NOT use tactics that violate Fair Housing, TCPA, CAN-SPAM or any real estate advertising regulation.

Failure to meet these obligations releases Capitán del Marketing from responsibility for insufficient results and may lead to termination of the contract without refund.

10. Intellectual property

All site content, including but not limited to text, images, video, logos, the name "Capitán del Marketing", "The New Agent Method™", "Artix AI", methodologies, frameworks, scripts, templates and code, is the property of QUWWA LLC or its licensors, and is protected by United States copyright and trademark law and international treaties.

When you purchase a service, we grant you a limited, non-exclusive, non-transferable and revocable license to use the materials necessary to operate your own system for the duration of the contract. On termination, we retain ownership of the assets, scripts and methodologies. You retain the content featuring your personal image (videos, photos).

It is prohibited to copy, redistribute, resell, reverse engineer or create derivative services from our system without written authorization.

11. User conduct

When using the site or the services you may not:

• Violate applicable laws or third-party rights.
• Impersonate any person or misrepresent information.
• Attempt to access unauthorized systems, perform mass scraping, or interfere with the operation of the site.
• Send spam, malware or harmful content.
• Share access credentials (CRM, accounts) with unauthorized third parties.

We may suspend or terminate your access without prior notice if you violate these conditions.

12. Third-party links and platforms

The service relies on third-party platforms (Meta, Google, GoHighLevel, Stripe, among others). We are not responsible for their availability, their policy changes, or any interruption they cause to your campaigns. Links to third-party sites are provided for convenience and do not imply endorsement.

13. Limitation of liability

To the maximum extent permitted by applicable law:

• Capitán del Marketing (QUWWA LLC), its officers, employees and contractors shall NOT be liable for indirect, incidental, consequential or punitive damages, nor for lost profits, loss of data, or loss of opportunity arising from the use of, or inability to use, the site or the services.
• Our maximum aggregate liability for any claim, under any legal theory, is limited to the amount you actually paid in the 12 months preceding the event giving rise to the claim.
• We are NOT responsible for changes to Meta, Google or other platform algorithms that affect the performance of your campaigns.
• We are NOT responsible for the commercial decisions you make with the leads we provide.

14. Indemnification

You agree to indemnify and hold harmless QUWWA LLC, its officers, employees and contractors from any claim, damage, loss, liability and expense (including reasonable legal fees) arising from: (a) your breach of these Terms, (b) your violation of laws applicable to your profession or to real estate advertising regulation, or (c) content you produce and that we publish on your behalf (videos, copy, photos).

15. Governing law and jurisdiction

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict of laws principles. Any dispute is submitted to the exclusive jurisdiction of the competent state or federal courts located in Curry County, New Mexico.

Before commencing legal action, the parties agree to attempt to resolve disputes through good-faith negotiation for a minimum period of 30 days.

16. Force majeure

Neither party shall be liable for failures caused by events beyond its reasonable control, including: natural disasters, pandemics, governmental acts, war, civil unrest, large-scale internet outages, or cyberattacks directed at third parties (Meta, Google, GoHighLevel) that affect the service.

17. Changes to these Terms

We may update these Terms from time to time. Material changes are notified by email (if you are a client) or by prominent notice on the site, at least 15 calendar days before they take effect. Continued use of the site or the services after the effective date constitutes acceptance of the changes.

18. Severability and entire agreement

If any clause of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force. These Terms, together with the Privacy Policy and the specific Service Agreement signed when purchasing services, constitute the entire agreement between the parties and supersede any prior communication.

19. Contact