Legal
The agreement between you and Webblyfy when you use our website, retain our services, or subscribe to our software.
These Terms & Conditions (the "Terms") are a legal agreement between you ("you," "your," or "Client") and Webblyfy ("Webblyfy," "we," "our," or "us"), a digital agency based in Toronto, Ontario, Canada. They govern your access to and use of webblyfy.ca (the "Site"), any Webblyfy-branded software products and applications (collectively, the "Apps"), and any professional services we provide to you (the "Services").
By visiting the Site, signing a Statement of Work, subscribing to an App, or otherwise engaging Webblyfy, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must not use the Site, the Apps, or the Services.
Webblyfy provides a combination of professional and software services, including without limitation:
Specific Services, deliverables, fees, and timelines are described in the applicable Statement of Work, order form, online plan page, or App subscription confirmation (each, an "Order"). Where an Order conflicts with these Terms, the Order controls for that engagement.
You may use the Site, Apps, and Services only if you are at least 18 years old and able to form a binding contract under the laws of Ontario, Canada. You agree to provide accurate, current, and complete information when creating an account or submitting forms, and to keep that information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us at support@webblyfy.ca as soon as you suspect unauthorized access.
When using the Site, Apps, or Services, you agree not to:
Each professional-services engagement is governed by a Statement of Work, proposal, or written agreement that describes the scope, schedule, assumptions, and fees. Items not expressly listed in the Order are out of scope and may be quoted as a change order.
Unless an Order says otherwise, monthly retainer plans include unlimited reasonable revisions within the active month. Revisions, edits, or scope items not requested during the active month do not roll over to the next month.
You agree to provide timely access to required accounts, assets, decisions, and stakeholders so we can deliver on schedule. Delays caused by your team or third parties may extend timelines or trigger reasonable rescheduling fees described in your Order.
Unless your Order says otherwise:
Plan-specific terms apply. Cancellation rights, notice periods, minimum-term commitments, and refund eligibility depend on the specific plan, subscription, or project you have purchased. The exact terms that apply to your engagement are set out in the Statement of Work, proposal, online plan page, order form, or subscription agreement signed or accepted at the start of the engagement (the "Initial Agreement"). The Initial Agreement controls, and these Terms supplement (but do not override) it.
How to request cancellation. Cancellations must be submitted in writing to support@webblyfy.ca (or as otherwise specified in your Initial Agreement). The cancellation takes effect in accordance with the notice period set out in that agreement. Until the effective date, Services continue and applicable fees remain payable.
Fees already paid. Unless your Initial Agreement says otherwise, fees that have already been paid for the then-current billing cycle, milestone, or term are non-refundable, and Services continue through the end of that period.
Project engagements. Project fees are earned as work is performed. If you cancel a project in progress, you are responsible for paying for work completed and approved up to the cancellation date, plus any non-recoverable third-party costs we incurred on your behalf, in accordance with the milestone or deliverable schedule in your Initial Agreement.
Ad spend. Funds you have paid directly to ad platforms (Google, Meta, TikTok, LinkedIn, etc.) are governed by those platforms' own refund rules. We will reasonably assist you in pausing campaigns and requesting refunds where eligible.
Statutory rights. Nothing in this Section limits any non-waivable rights you may have under Ontario's Consumer Protection Act, 2002, where it applies to you as a consumer.
Webblyfy and its licensors own all right, title, and interest in and to the Site, the Apps, our methodologies, frameworks, source code, designs, documentation, and brand assets (collectively, the "Webblyfy IP"). No rights in the Webblyfy IP are transferred to you by these Terms.
Subject to your payment of all applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to use the Apps and any deliverables for your own internal business purposes for as long as your subscription or engagement is active and in good standing.
Final, paid-for deliverables that are bespoke to you (for example, a custom website's design files or campaign copy) are assigned or licensed to you as described in the applicable Order, excluding pre-existing tools, libraries, and components that remain Webblyfy IP.
Unless you opt out in writing, you grant Webblyfy a limited right to identify you as a client and to display your name, logo, and a high-level description of the engagement in our marketing materials (case studies, portfolio, decks, and social posts).
You retain ownership of all content, data, trademarks, and materials you provide to us ("Client Content"). You grant Webblyfy a worldwide, royalty-free licence to use, reproduce, modify, host, and display the Client Content solely as necessary to deliver the Services and operate the Apps for you.
You represent and warrant that you have all rights necessary to provide the Client Content and that it does not violate any law or third-party right.
Each party may receive confidential information from the other. Each party agrees to use the other's confidential information only to perform under these Terms, to protect it with the same care it uses for its own confidential information (and no less than reasonable care), and not to disclose it to third parties except to its personnel and advisors who need access and are bound by confidentiality obligations.
Confidentiality obligations do not apply to information that is publicly available, independently developed without reference to the other party's confidential information, or required to be disclosed by law or court order, provided the receiving party gives reasonable notice where permitted.
Webblyfy frequently builds on, integrates with, or manages campaigns on third-party platforms — including Google Ads, Google Cloud, Meta (Facebook/Instagram), TikTok, YouTube, LinkedIn, AI providers (OpenAI, Anthropic, and others), email and SMS providers, analytics tools, and payment processors.
Your use of those platforms is governed by their own terms and policies. We do not control and are not responsible for outages, account suspensions, policy changes, billing decisions, ad disapprovals, or feature changes at those providers. You authorize Webblyfy to act on your behalf within those platforms to the extent required to perform the Services.
Marketing, SEO, and AI services are inherently uncertain. We work with care and best industry practices, but we do not guarantee specific business outcomes, including search rankings, ad-impression volumes, click-through rates, conversion rates, ROAS, revenue, lead counts, or AI-generated content quality.
To the maximum extent permitted by law, the Site, the Apps, and the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise — including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
To the maximum extent permitted by applicable law:
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
You agree to indemnify and hold harmless Webblyfy, its directors, officers, employees, and contractors from any third-party claim, demand, loss, or expense (including reasonable legal fees) arising out of or related to (a) your Client Content; (b) your use of the Site, Apps, or Services in breach of these Terms; or (c) your violation of any law or third-party right.
Either party may terminate a monthly retainer or App subscription at the end of the then-current monthly cycle as described in Section 7. Either party may terminate immediately for cause if the other party (i) materially breaches these Terms or an Order and fails to cure within fifteen (15) days of written notice, or (ii) becomes insolvent or files for bankruptcy.
Upon termination, fees accrued before the effective date remain payable, your licence to use the Apps and deliverables ends (except for paid-for, bespoke deliverables already delivered), and we may delete your data per Section 8 of our Privacy Policy and any applicable Order.
We may update these Terms from time to time. When we make a material change, we will post the new version on this page and update the "Last updated" date. For active clients, we will provide reasonable notice (typically by email) at least thirty (30) days before the change takes effect for ongoing Services. Your continued use of the Site, Apps, or Services after the effective date constitutes acceptance.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The parties agree to the exclusive jurisdiction of the courts located in Toronto, Ontario, subject to the right to seek interim or injunctive relief in any court of competent jurisdiction.
Before starting litigation, the parties agree to attempt in good faith to resolve any dispute through direct discussion for at least thirty (30) days from written notice, and if unresolved, through mediation in Toronto.
Questions about these Terms? Reach us at:
Webblyfy
Toronto, Ontario, Canada
Email: hello@webblyfy.ca
Support: support@webblyfy.ca