Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between AiMarketZ (“we,” “us,” or “our”) and the person or entity who accesses or uses the Services (“you” or “Client”). If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

• Minimum age & authority. You must have legal capacity and authority to enter into these Terms.
• Account security. You are responsible for maintaining the confidentiality of credentials and for all activity under your account.
• Accurate information. Provide complete and accurate information and keep it up to date.

We provide strategy, design, development, marketing, analytics, and automation services, including AI-enabled features, as described on our site or in an executed order, SOW, or proposal (each, an “Order”). If any conflict exists, an Order (signed/accepted by both parties) prevails over these Terms for the scope of that Order.

• Change requests. We will assess scope changes and advise on timeline and fees before proceeding.
• Dependencies. Deadlines depend on timely Client inputs, content, and approvals.

• Fees. Fees and billing cadence (e.g., one-time build, monthly retainer) are set out on our pricing page or the relevant Order. Taxes, third-party subscription fees, ad spend, and platform charges are your responsibility unless an Order states otherwise.
• Invoices. Unless specified, invoices are due upon receipt and payable within 7 days. Late amounts may incur a service charge at the lesser of 1.5% per month or the maximum allowed by law.
• Refunds. Except as required by law or expressly stated in an Order, fees are non-refundable. Any “Money-Back Guarantee” referenced on our site applies only to the initial design/build phase and excludes third-party costs (e.g., domains, apps, ad spend).
• Cancellation. For monthly services, you may cancel future months by giving written notice before the next billing date.

Our Services may interface with third-party tools (e.g., analytics, advertising platforms, CRM, commerce, AI model providers). Your use of those tools is subject to their terms and policies. We are not responsible for third-party services, outages, data handling, or changes outside our control.

Do not use the Services to:

• Violate law, infringe IP, or breach privacy rights.
• Transmit malware, attempt unauthorized access, or disrupt networks.
• Post or process unlawful, deceptive, defamatory, or harmful content, including spam or unlawful automated messaging.
• Collect or process sensitive data without a lawful basis and appropriate safeguards.

• Our IP. We retain all rights in our pre-existing materials, methods, know-how, templates, and software (“Agency Materials”). We grant you a non-exclusive license to use Agency Materials only as incorporated into deliverables for your internal business purposes.
• Deliverables. Subject to full payment, you receive a worldwide, non-exclusive, perpetual license to use final deliverables for your business. Open-source or third-party license terms still apply where relevant.

You grant us a non-exclusive, worldwide license to host, reproduce, and modify your content and data solely to provide the Services. You represent you own or have rights to all content you supply and that it does not infringe any third-party rights.

• Confidential information. Each party will protect the other’s non-public information with reasonable care and use it only for the Services.
• Security. We use commercially reasonable safeguards appropriate to our role and the nature of the Services.
• Data processing. If we process personal data on your behalf, both parties will comply with applicable data-protection laws. A separate DPA may apply if required.

• AI outputs. AI-generated content may be inaccurate, incomplete, or reflect bias. You are responsible for reviewing and approving outputs before use.
• Third-party models. AI features may be powered by third-party providers, whose terms and data practices apply to model processing.
• Compliance. You will not use AI features to engage in unlawful automated communications, discrimination, or violation of platform rules.

Our Privacy Policy describes how we collect, use, and share information. By using the Services, you consent to the practices described there.

THE SERVICES 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 guarantee specific rankings, results, revenue, or performance; outcomes depend on many factors outside our control (market conditions, budgets, platforms, and client execution).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR PAYMENT OBLIGATIONS, IP INFRINGEMENT, OR INDEMNITY, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 3 MONTHS PRECEDING THE EVENT.

You will defend, indemnify, and hold harmless AiMarketZ, its affiliates, and personnel from claims arising out of your content, your use of the Services in violation of law or these Terms, or any third-party rights you infringe. We will promptly notify you of claims and cooperate at your expense.

• Term. These Terms apply while you access or use the Services.
• Suspension. We may suspend access for non-payment, security risk, or violations of these Terms.
• Termination. Either party may terminate for material breach not cured within 10 days after written notice. Upon termination, accrued fees remain due and licenses end except as expressly stated.

We may update these Terms from time to time. Material changes will be indicated by updating the “Last updated” date above and, where appropriate, by additional notice. Your continued use of the Services after changes constitutes acceptance.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, for any dispute not subject to informal resolution.

• Entire agreement. These Terms and any Orders are the entire agreement and supersede prior discussions.
• Severability. If a provision is unenforceable, the remainder remains in effect.
• Assignment. You may not assign without our written consent; we may assign to an affiliate or in connection with a merger or sale.
• Force majeure. Neither party is liable for delays beyond reasonable control.
• Notices. Legal notices to AiMarketZ must be sent to hello@aimarketz.com.

Questions about these Terms? Reach us at hello@aimarketz.com or by mail at Toronto, Ontario, Canada.