Terms of Service

Effective date: 15 August 2025

1) Eligibility & Accounts

You must be able to form a binding contract and comply with these Terms. If you create an account, you are responsible for maintaining its security and for all activities under it.

2) Orders, Pricing, and Payments

Prices are listed in checkout and may be shown in CAD unless noted.
Payments are processed by third‑party providers (e.g., Stripe).
Taxes may apply based on your location.
Unless otherwise specified, fees are non‑refundable once work has begun. For fixed‑scope offerings (e.g., content packs), delivery timelines are estimates; we aim to meet the stated 72‑hour target.

Refunds: If we materially fail to deliver the defined deliverables for a fixed‑scope product and cannot cure within a reasonable period (normally 7 days), we may refund fees paid for the undelivered portion.

3) Scope of Services & Client Responsibilities

You will provide timely information, approvals, and content needed to deliver the Services.
For content services, you are responsible for ensuring any materials (photos, logos, brand assets) you supply are licensed for our use.
We may showcase non‑confidential outcomes (e.g., anonymized thumbnails) as portfolio items unless you request otherwise in writing.

4) Intellectual Property

Your Materials: You retain ownership of content you provide. You grant us a limited license to use it solely to deliver the Services.
Deliverables: Upon full payment, you receive a worldwide, non‑exclusive, perpetual license to use delivered assets for your business marketing. Templates may include third‑party elements governed by their licenses.
Our Tools: We retain all rights to our processes, prompts, code, and templates used to create deliverables.

5) Acceptable Use

You agree not to misuse the Services, including by violating laws, infringing rights, uploading malicious code, interfering with network integrity, attempting to circumvent security, or using deliverables for deceptive or unlawful advertising.

6) Confidentiality

Each party may receive non‑public information from the other. The receiving party will protect such information with reasonable care and use it only to provide or receive the Services. Exceptions apply for information that is public, independently developed, or lawfully obtained.

7) Third‑Party Services

The Services may integrate with third‑party platforms (e.g., Stripe, Calendly, social networks, analytics). Your use of those platforms is governed by their terms and policies. We are not responsible for third‑party acts or omissions.

8) Disclaimers

The Services and deliverables are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant specific marketing or sales outcomes.

9) Limitation of Liability

To the fullest extent permitted by law, DCW and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our aggregate liability for all claims will not exceed the amounts you paid to us for the Services giving rise to the claim in the 3 months preceding the event.

10) Indemnification

You will indemnify and hold DCW harmless from claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your misuse of the Services, violation of these Terms, or infringement of any rights of a third party.

11) Termination

Either party may terminate for convenience upon notice for ongoing services, or for cause if the other party materially breaches and fails to cure within a reasonable period. Upon termination, accrued rights and obligations survive, including payment obligations.

12) Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and applicable laws of Canada. The parties submit to the exclusive jurisdiction of the provincial and federal courts located in Ontario, Canada. You agree to first attempt informal resolution by contacting support@digitalcreationswindsor.xyz.

13) Changes to the Terms

We may modify these Terms from time to time. Changes are effective upon posting. Your continued use after changes constitutes acceptance.

14) Contact

Questions about these Terms: support@digitalcreationswindsor.xyz