Please read this Legal Notice carefully before browsing, registering, requesting a quotation or contracting any MCS service. Accessing or using the Website means that you have read, understand and accept it.

1. Website owner and identification details

1.1 The website www.mayanchannelswim.com (the "Website") is owned by Mayan Channel OWS S. de R.L. de C.V., a commercial company incorporated under the laws of the United Mexican States, which operates commercially under the brand and trade name Mayan Channel Swim (hereinafter, "MCS"). In compliance with article 76 Bis, section III, of the Federal Consumer Protection Law ("LFPC"), MCS makes the following identification and contact details available to Users:

1.2 Any change to these details will be published on the Website.

2. Definitions

For purposes of this Legal Notice, the following terms have the meaning indicated:

Capitalized terms not defined in this Legal Notice —including Swimmer, Crossing, Registration Documents, MCS Material, Swimmer Material and Photo and Video Service— have the meaning given to them in the Terms and Conditions.

3. Purpose, acceptance and capacity

3.1 Purpose. This Legal Notice governs access to, browsing and use of the Website, its content and the functionalities that MCS makes available to Users —including registration forms, quotation requests, downloadable documents and the ranking—, as well as the information published on the Website, intellectual and industrial property over its content, links and opinions on digital channels. All other matters, including contracting, price, payment, cancellation, risks and liability for the provision of the Services, multimedia material, third-party services and complaints, are governed by the Terms and Conditions, to which this Legal Notice merely refers.

3.2 Acceptance. Accessing and using the Website confers the status of User and implies full and unreserved acceptance of this Legal Notice and, where applicable, of its amendments. The User must read it carefully before browsing or using the Website; if the User does not agree with its content, he or she must refrain from using it.

3.3 Consent by electronic means. Pursuant to articles 1803 and 1834 Bis of the Federal Civil Code and 89 et seq. of the Commercial Code, the parties acknowledge that consent may be expressed by electronic, optical or any other technological means. Accordingly, ticking acceptance boxes, submitting forms, electronic signatures and exchanging data messages through the Official Channels will have the legal effects and evidentiary value recognized by law.

3.4 Capacity. The Website is directed at persons of legal age with legal capacity to contract. Minors may only take part in the Services with the authorization of the person exercising parental authority or guardianship, under the Registration Documents. Anyone acting on behalf of a third party, a team or a legal entity declares that he or she has sufficient authority to do so.

4. Applicable documents and order of precedence

4.1 Pursuant to clause 3.3 of the Terms and Conditions, the relationship between MCS and the Swimmer consists of the Registration Documents, the Terms and Conditions, this Legal Notice, the Privacy Notice and the Cookie Policy.

4.2 Each matter is governed by the document that regulates it. In the event of conflict, the following order will apply:

4.3 The documents will be interpreted jointly and harmoniously. No provision of this Legal Notice will be interpreted to the detriment of the non-waivable rights that the LFPC and other laws grant consumers.

5. Conditions of access and use of the Website

5.1 Lawful and good-faith use. The User undertakes to use the Website and its content in accordance with the law, good faith, public order, good customs, generally accepted internet practices, this Legal Notice and the legislation in force in the country from which he or she accesses it, so as not to infringe the rights of third parties, the dignity of persons or the normal operation of the Website. Any use for unlawful or allegedly unlawful purposes that harms, limits or prevents such use, whether to the detriment of the User, MCS or any third party, is prohibited. Use of the Website's content and services is the User's sole responsibility, and the User must use them in accordance with the permitted functionalities.

5.2 Accuracy of information. The User represents and warrants that the information provided is true, accurate, complete and up to date. If the User includes data of another person (companions, emergency contacts, minors or others), he or she must have that person's prior and express authorization and inform him or her of the scope of this Legal Notice and the Privacy Notice. False, incomplete or untimely information —especially regarding health, physical condition, experience or emergency contact— is the User's sole responsibility and may have the consequences provided in the Terms and Conditions, without prejudice to the User's liability for any damages caused.

5.3 Prohibited conduct. Without limitation, the User will refrain from:

5.4 Credentials and personalized access. If the Website offers restricted areas, numbered forms or personalized links (including download links for photography and video material), the User is responsible for safeguarding his or her credentials and for all activity carried out with them, and must immediately report any unauthorized use. Unless proven otherwise, MCS will presume that communications and acceptances made through such means of identification come from the User (article 90 of the Commercial Code).

5.5 Right of admission and restriction. MCS may deny, restrict or suspend access to the Website or any of its functionalities to any person, at any time and without prior notice, when it has reasonable grounds to suspect or confirm a breach of this Legal Notice or the law, without any liability and without prejudice to any applicable legal actions. Such measure does not by itself terminate Services already contracted, which are governed by the Terms and Conditions.

6. Information published on the Website

6.1 Informational nature. The Website's content —description of distances and formats, reference prices, dates and slots, photographs, videos, testimonials and rankings— is informational and promotional. MCS endeavors to ensure that the information and advertising it disseminates are truthful, verifiable and clear, under article 32 of the LFPC.

6.2 Contracting. The information published on the Website, a slot request or the submission of a form do not guarantee the assignment of a date or oblige MCS to provide the Services. Every registration requires a prior video-call interview. Contracting, price, currency, mandatory costs, payment, cancellation and refunds are governed by the Terms and Conditions (in particular, clauses 8, Price and included services; 9, Mandatory costs; 13, Right of Withdrawal and Refund; and 14, Cancellation and Force Majeure) and by the Quotation. Places are limited and slots are assigned subject to availability.

6.3 Prices, mandatory costs and currency. Prices published on the Website are reference prices and correspond to the date of publication or consultation. For the current season, the reference prices per Swimmer in the Solo format are USD 2,985 for the 27 km Single Crossing and USD 5,585 for the 54 km Double Crossing (round trip), and include the drone photography and video service and photography from the boat. They do not include the mandatory costs of the kayak or of additional time (USD 175 for each hour or fraction thereof exceeding 7 hours on the Single Crossing or 14 hours on the Double Crossing), governed by clause 9 of the Terms and Conditions. Tipping the crew is voluntary and unrelated to MCS (clause 10.3 of the Terms and Conditions). Service prices are stated in the Quotation, which indicates the total amount payable including taxes and mandatory costs (article 7 Bis of the LFPC), and are agreed and paid in United States dollars, under clause 8.5 of the Terms and Conditions and the Monetary Law of the United Mexican States. The applicable amounts and their validity are stated in the Quotation. MCS will honor the prices and conditions actually offered and accepted (article 7 of the LFPC); if it detects a manifest data-entry or system error in the published information, it will correct it and inform the User before the engagement is entered into, without affecting Quotations already accepted.

6.4 Illustrative content and individual results. Photographs, videos, testimonials, times, distances, rankings and accounts of previous crossings illustrate individual experiences and do not constitute a guarantee, promise or forecast of results, times, distances, sea conditions, drone shots or any experience for the Swimmer.

6.5 Health and training information. Information on training, nutrition, hydration, supplementation or health that MCS publishes or shares on the Website and its channels is general and informational; it does not constitute medical, nutritional or therapeutic advice and does not replace the opinion of the Swimmer's physician.

6.6 Duty to be informed. The User is responsible for becoming informed about the terms, conditions, benefits and costs of any service he or she contracts, reading in full the documents he or she signs and, when required by his or her specific needs, consulting the appropriate professional, in particular his or her physician. MCS will answer any questions raised before contracting.

7. Scope of the Website with respect to the Services

7.1 Risks, safety and liability. The Website does not describe all the risks of open-water swimming and does not replace the documents that govern them. Risks, the Liability Waiver, safety rules, the chain of authority at sea, the role of the Paramedic on board and MCS's powers are governed by the Terms and Conditions (clauses 17, Safety rules, chain of authority and powers of the Organization, and 18, Paramedic on board and emergency care) and by the Liability Waiver. The information published on the Website does not modify them.

7.2 Ranking and certificates. The Official Ranking and other results published on the Website are informational and are prepared in accordance with the Terms and Conditions (clauses 21.4, Ranking and certificate, and 21.5, External bodies). Swimmers' data are published in accordance with the Privacy Notice.

7.3 Personalized training. MCS does not provide or sell personalized training services. This service is offered independently by a coach linked to the brand, under his or her own terms, price and method of payment, and MCS only reports the fee the coach charges (Terms and Conditions, clauses 10.1 and 20.4). Contracting, payment and performance are agreed directly between the Swimmer and the coach; MCS is not a party to that relationship and is not liable for it. So that the coach may contact the Swimmer, MCS shares the Swimmer's contact details only with the Swimmer's express authorization and under the Privacy Notice. The coach processes the data received as an independent controller.

7.4 Host hotel and tourist services. Information on the Website about accommodation, the special rate of the host hotel proposed by MCS, tourist activities and attractions of the Riviera Maya is for information purposes only. Accommodation and tourist services are provided by third parties under their own terms and responsibility, pursuant to clause 31 of the Terms and Conditions. The transfer to the start point that MCS provides to Swimmers staying outside the host hotel is governed by clauses 8.2 and 31.3 of the Terms and Conditions.

8. Communications, Official Channels and fraud prevention

8.1 Official Channels. The Official Channels of MCS are exclusively:

8.2 Fraud prevention. MCS is not responsible for communications, offers, promises, charges or payments made with persons, accounts or means outside the Official Channels, nor for impersonation of its identity. The User must verify the origin of every communication before making a payment or sharing sensitive information. MCS does not request passwords or full card details by email or messaging. Any suspicion of fraud or impersonation must be reported immediately to info@mayanchannelswim.com.

8.3 Automated communications. MCS may use automated tools —including virtual assistants, automatic replies and artificial intelligence systems— to provide general information and initial support, including on social media and messaging. Their replies are informational and do not constitute a quotation, offer, slot confirmation, promise of result, acceptance or modification of conditions; such acts only take effect when recorded in documents or messages issued by authorized MCS personnel through the Official Channels. The User may at any time ask to be attended by a person.

8.4 Value of electronic communications. The User accepts that emails, WhatsApp messages and other data messages exchanged through the Official Channels are valid means of notice and may be offered as evidence, under articles 89 to 94, 1205 and 1298-A of the Commercial Code, article 1834 Bis of the Federal Civil Code and NOM-151-SCFI-2016. The User must keep his or her contact details up to date; notices sent to the last email or telephone provided will have full effect.

8.5 Commercial communications. The User may at any time request not to receive commercial notices or communications from MCS, following the procedure indicated in the Privacy Notice and article 76 Bis of the LFPC.

9. Intellectual and industrial property

9.1 Ownership. The Website's content —trademarks, trade names, logos and logotypes, slogans, texts, photographs and videos constituting MCS Material, including aerial drone images, illustrations, graphic design, structure, code, software, databases, methodologies, protocols, checklists, ranking and documents— is the property of MCS or its licensors and is protected by the Federal Copyright Law, the Federal Law for the Protection of Industrial Property and applicable international treaties. The Mayan Channel Swim trademark is duly registered and in force before the IMPI.

9.2 Limited license. MCS grants the User a limited, personal, non-exclusive, revocable and non-transferable license to consult the Website and download the documents made available, solely for informational purposes or to contract the Services. Use of the photography and video material delivered to the Swimmer is governed by the personal-use license in clause 27.6 of the Terms and Conditions.

9.3 Prohibitions. Reproduction, distribution, transmission, adaptation, translation, modification, communication to the public, extraction or any other exploitation, in whole or in part, of the Website's content (texts, designs, graphics, information, databases, sound or image files, logos, HTML code and other elements), by any means, is prohibited without the prior written authorization of their owners, on the terms permitted by law. Any commercial or advertising use of the content, and in general use of the Website's information for a purpose other than that expressly indicated on it, is prohibited, whether or not the rights of MCS or third parties are infringed.

9.4 No assignment of rights. No content of the Website will be interpreted as a direct or indirect grant of any license or right over copyrights, patents, trademarks or other reserved rights. Making information available does not transfer to the User any right of promotional use or imply a waiver by the owners of their rights.

9.5 Nominative references. Swimmers and third parties may refer to MCS for truthful informational purposes —for example, to state that they completed a crossing with MCS—, provided they do not use its logos or trademarks in a way that suggests sponsorship, endorsement or affiliation, and do not alter certificates or official documents. Use of MCS trademarks, logos or materials for commercial, promotional, sponsorship or media purposes requires prior written authorization. Vis-à-vis participants, intellectual property and use of the brand are also governed by clause 30 of the Terms and Conditions (Intellectual property and use of the brand).

9.6 Integrity of the Website. The User is responsible for not modifying, replacing, deleting or damaging the Website's content.

9.7 Third-party content. The legitimacy of intellectual or industrial property rights in content contributed by third parties is the sole responsibility of those third parties.

9.8 Notice of infringement. If the User considers that content on the Website infringes his or her intellectual or industrial property rights, he or she must notify it in writing to info@mayanchannelswim.com, stating:

9.9 MCS will review the notice and may temporarily remove or disable the disputed content while it assesses it. The notifying party will be responsible for the accuracy of the data and information provided; false or abusive notices may give rise to liability.

10. Multimedia material and copyright of the Website

10.1 MCS Material. Photographs, video (including drone footage), audio and other records that MCS captures of the crossings and associated activities are MCS's property even if the Swimmer's image appears in them, and MCS may use them without limit; the Swimmer gives consent when signing the Registration Documents. Their full regulation is set out in clauses 27 (Included Photo and Video Service) and 28 (Use of multimedia material) of the Terms and Conditions.

10.2 Swimmer Material. Photographic, video or multimedia material that the Swimmer shares with MCS belongs to the Swimmer; MCS only uses it with the Swimmer's authorization, given in writing or electronically. Its full regulation is set out in clause 29 of the Terms and Conditions (Rights over the Swimmer's multimedia material).

10.3 Personal data and minors. The processing of personal data associated with multimedia material is governed by the Privacy Notice (sections 4.5 and 12). In the case of minors, consent is given by the person exercising parental authority or guardianship, who may limit it in writing before the briefing; MCS will act in the best interests of the child and will ensure that use of the material does not affect the minor's dignity, honor or privacy.

10.4 Website content. Photographs and videos showing people are published on the Website on the basis of the consent given in the Registration Documents or the authorization of the owner of the material. Copyright in the design and other content of the Website is governed by clause 9.

11. Opinions on digital channels

11.1 MCS respects freedom of expression and the right of Users to give their opinion on and criticize its Services, under articles 6 and 7 of the Political Constitution of the United Mexican States. It reserves, however, the right to bring the appropriate legal actions —including compensation for moral damage under articles 1916 and 1916 Bis of the Federal Civil Code— against the dissemination of false, defamatory or insulting statements of fact, the disclosure of confidential information or personal data of third parties, or the misuse of its trademarks, as well as to request that platforms remove the content in accordance with their policies.

11.2 It is recommended, though not required, that the User first contact MCS through the Official Channels to address any disagreement.

12. Links, third parties and related projects

12.1 Links to third-party sites. The Website may include links to sites or pages owned or managed by third parties with which MCS has an agreement, contract or alliance, or which are included for reference (for example, hotels, tour operators, dive centers and attractions of the Riviera Maya). In these cases, MCS's involvement is limited to informing the User about the products and services those third parties sell and providing a means to contact them.

12.2 Responsibility of third parties. Third parties are obliged to disclose their own terms and conditions and to comply with the laws applicable to them, such as the LFPC, with MCS remaining outside those relationships. Unless expressly stated in writing, there is no employment relationship, association or partnership between MCS and such third parties. All advice, statements, information and content on third-party sites represent their opinions and judgments, so MCS is not liable for damages the User suffers from contracting, using or recommending them, including, without limitation, those caused by loss of data or software, disclosure of confidential information or breach of what was agreed with the third party. Third-party services contracted by the Swimmer are governed by clause 31 of the Terms and Conditions.

12.3 No recommendation or guarantee. Links do not imply support, approval, sponsorship, recommendation, guarantee or any cooperation between MCS and the authors or owners of the linked sites, nor a guarantee of their proper operation. MCS assumes no responsibility for the security, existence or accuracy of third-party links or any information from channels external to the Website. The User must exercise maximum diligence and prudence when accessing such sites.

12.4 Related projects and brands. Initiatives and brands related to MCS (for example, Cancun Isla Swim and other projects in its ecosystem) may share founders, identity or technology platforms. Unless expressly stated otherwise in writing, they operate independently and each is responsible for its own services, documents and obligations.

12.5 Links to the Website. Simple links to the Website's public pages are permitted, provided they do not suggest association or endorsement, are not presented through frames ("framing") or in a way that conceals their origin, and are not included on sites with unlawful content. The User may not place links within the Website or use the Website's services or content on his or her own or third-party pages without MCS's prior written authorization, and MCS may request the removal of any link that breaches this clause.

12.6 Third-party platforms. Users' interactions with MCS on social media or messaging platforms (such as Meta, WhatsApp, Instagram, TikTok or YouTube) are also governed by the terms and policies of those platforms, over whose availability and operation MCS has no control.

13. Personal data protection and cookies

13.1 Personal data collected through the Website and the Official Channels will be processed in accordance with the Privacy Notice, clause 32 of the Terms and Conditions (Personal data protection) and the Federal Law on the Protection of Personal Data Held by Private Parties, published in the Official Gazette of the Federation on March 20, 2025, as amended, and other applicable provisions. The Privacy Notice describes the purposes of processing, the data processed —including sensitive health data—, transfers, the rights of access, rectification, cancellation and objection, the procedure for exercising them and the procedure for unsubscribing from commercial communications.

13.2 The Website uses cookies and similar technologies in accordance with the Cookie Policy.

13.3 MCS adopts reasonable administrative, technical and physical security measures to protect information. No internet transmission is absolutely secure, so the User should use up-to-date and secure devices and browsers.

14. Limitation of liability for use of the Website and indemnity

14.1 Exclusions. To the maximum extent permitted by law, MCS will not be liable for damages arising, in connection with use of the Website, from:

14.2 Indirect damages. To the extent permitted by law, MCS is not liable for indirect damages or loss of profits that are not an immediate and direct consequence of the breach of its obligations, under article 2110 of the Federal Civil Code.

14.3 Mandatory limits. Nothing in this Legal Notice excludes or limits liability arising from willful misconduct, the waiver of which is null under article 2106 of the Federal Civil Code, or from gross negligence, which always give rise to liability, nor the consumer's non-waivable rights. Liability for the provision of the Services is governed by clause 24 of the Terms and Conditions and the Liability Waiver.

14.4 Indemnity. To the extent permitted by law, the User will be liable for and hold harmless MCS, its partners, officers, employees and providers from claims, damages, losses, costs and expenses —including reasonable attorneys' fees— arising from the User's breach of this Legal Notice or the law, from false information provided, from unlawful use of the Website or from infringement of third-party rights by content the User contributes.

15. Availability, suspension, amendments and term

15.1 Suspension of the Website. MCS may temporarily suspend access to the Website, without prior notice when circumstances so require, to carry out maintenance, repair, updating, improvement or security tasks, or for causes beyond its control, without incurring any liability.

15.2 Continuity of procedures. When a suspension of the Website affects the Swimmer's compliance with a deadline to send documents or make a payment under the Quotation, MCS will accept compliance through any other Official Channel within a reasonable period.

15.3 Amendments. MCS may amend this Legal Notice at any time to adapt it to legislative or operational changes or to improve the service to Users. The version in force will be the one published on the Website, with its version number and publication date, and subsequent use of the Website will imply its acceptance. Amendments will not retroactively affect rights and obligations arising from Quotations accepted before their entry into force, unless they are more favorable to the Swimmer or the law so requires.

15.4 Term. This Legal Notice enters into force upon publication on the Website and replaces the legal notice and conditions of use previously published.

16. General provisions

16.1 Severability. If any provision of this Legal Notice is declared null or unenforceable, the others will remain valid and the affected provision will be replaced by a valid one reflecting, as far as possible, the original intention.

16.2 No waiver. MCS's failure or delay in exercising a right does not imply a waiver of it. Waivers will only take effect if made in writing.

16.3 Assignment. MCS may assign its rights and obligations under this Legal Notice to its affiliates, successors or acquirers of its business, giving notice to the User when required by law. The User may not assign them without MCS's prior written consent.

16.4 Language. This Legal Notice is issued in Spanish. Any translation, including the English version, is provided as a courtesy and, in the event of any discrepancy, the Spanish version will prevail.

16.5 Headings. Clause headings are for reference only and do not affect interpretation.

16.6 Notices. Any communication, request for information, complaint or suggestion from the User to MCS must be made in writing through info@mayanchannelswim.com or another Official Channel; legal notices may also be addressed to the address indicated in clause 1.1. MCS will notify the User at the email or telephone he or she has provided.

17. Complaints, governing law and jurisdiction

17.1 Complaints about the Services. Complaints and claims relating to the Services are submitted and handled in accordance with clauses 35 to 37 of the Terms and Conditions, and chargebacks in accordance with its clause 38.

17.2 Complaints about the Website. Complaints, clarifications and notices relating to use of the Website, its content or published data must be submitted in writing to info@mayanchannelswim.com, stating full name, description of the facts, available evidence and solution requested. MCS will acknowledge receipt and respond with reasons within fifteen (15) business days after receiving the complete information, a period that may be extended to thirty (30) business days when records or additional information need to be reviewed, of which the User will be informed.

17.3 Governing law. Access to and use of the Website and its content, and any matters arising therefrom, are subject to the applicable federal laws of the United Mexican States —in particular the LFPC and the Commercial Code— and, supplementarily, to the Federal Civil Code and the legislation in force in Mexico City, in accordance with clause 39 of the Terms and Conditions (Governing law, PROFECO and jurisdiction).

17.4 Jurisdiction. For the interpretation, performance and enforcement of this Legal Notice, the parties expressly submit to the jurisdiction of the courts of Mexico City, federal or local, as appropriate, waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other reason.

17.5 Consumers. This clause does not restrict the non-waivable rights the LFPC grants the consumer or the competence of the Federal Consumer Protection Agency (PROFECO), to which the consumer may go at any time without this being a mandatory prerequisite.

17.6 Access from abroad. MCS does not guarantee that the products or services on the Website are available, appropriate or compliant with applicable legal provisions outside the territory of the United Mexican States. Anyone accessing the Website from another country does so on his or her own initiative and responsibility, and is fully responsible for complying with the laws of the place where he or she is located.

Mayan Channel OWS S. de R.L. de C.V. · Mayan Channel Swim

Legal Notice · Version 2026.1 · Effective upon publication on the Website · Version dated September 23, 2026