Terms & Conditions

Last updated: August 10, 2026

These Terms & Conditions ("Terms") govern your access to and use of the website refinedadvertising.ca (the "Website") and the services provided by Refined Advertising ("we," "us," or "our"). By accessing the Website, submitting a form, or engaging our services, you ("you," "your," or the "Client") agree to these Terms. If you do not agree, do not use the Website or our services.

1. Definitions

• "Services" means the marketing systems and related services we provide, which may include SMS/text-message automation, automated review generation, missed-call text-back, lead-response messaging, unified inbox management, Google Business Profile optimization, website design and hosting, advertising management, voice AI/AI assistant tools, and related consulting.
• "Client Materials" means content, data, logos, credentials, and information you provide to us.
• "Deliverables" means the specific work product we create for you under an engagement.
• "End Users" means your customers, leads, or contacts whose information is processed through the Services.

2. The Services

We provide the Services described on the Website and in any proposal, statement of work, order form, or written agreement (each, an "Engagement") agreed between you and us. Where a separate written Engagement conflicts with these Terms, the written Engagement controls for that engagement. We may modify, improve, or discontinue features of the Services at any time.

3. Client Responsibilities and Acceptable Use

You agree that you will:

• provide accurate, current, and complete information and cooperate with us as reasonably needed;
• hold and maintain all rights and licenses necessary for the Client Materials you provide;
• use the Services and the Website lawfully and not for any fraudulent, deceptive, harmful, or infringing purpose;
• comply with all applicable laws in connection with your use of the Services.

Consent for messaging (important): Where the Services send text messages, emails, or other communications to your End Users, you are solely responsible for obtaining and maintaining all necessary consents from those End Users and for ensuring your contact lists and messaging comply with all applicable laws, including CASL, PIPEDA, the U.S. Telephone Consumer Protection Act (TCPA) where applicable, and mobile carrier / A2P 10DLC requirements. You will not upload contacts you do not have permission to message, and you will honour all opt-out (STOP) and unsubscribe requests. You are responsible for the content of messages sent through your account.

You may not use the Website or Services to: transmit spam or unlawful messages; upload malware; attempt to gain unauthorized access to any system; scrape or harvest data without permission; or infringe any third party's rights.

4. Third-Party Platforms

The Services rely on third-party platforms and providers. Your use of the Services is also subject to those third parties' terms and policies. We are not responsible for the acts, omissions, availability, pricing changes, or policy changes of any third-party platform. If a third-party platform suspends or terminates service, restricts messaging, or changes its requirements, it may affect the Services, and we are not liable for resulting interruptions.

5. Fees, Billing, and Payment

• Fees for the Services are set out in your Engagement, proposal, or invoice.
• Unless otherwise stated, fees are quoted in Canadian dollars (CAD) and are exclusive of applicable taxes (including HST), which you are responsible for paying.
• Recurring subscription or retainer fees are billed in advance on the cycle stated in your Engagement and automatically renew unless cancelled in accordance with Section 6.
• Late or failed payments may result in suspension of the Services. Amounts unpaid past their due date may accrue interest at 1.5% per month or as stated in your Engagement.
• Except as required by law or expressly stated, fees are non-refundable, including for third-party platform costs, ad spend, and setup work already performed.
• Third-party costs (e.g., messaging/carrier fees, ad spend, domain and hosting) may be billed to you or charged directly by the provider, as set out in your Engagement.

6. Term, Cancellation, and Termination

• These Terms apply while you use the Website or Services.
• Engagement-specific terms (including minimum term and notice periods for cancellation) are set out in your Engagement. Unless otherwise stated, either party may cancel a month-to-month Engagement on 30 days' written notice effective at the end of the current billing cycle.
• We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or use the Services unlawfully.
• On termination: your right to use the Services ends; we may deactivate systems, campaigns, and hosting we operate for you; and you remain responsible for fees accrued up to the effective date of termination. You are responsible for exporting or requesting any of your data before termination; we are not obligated to retain it after a reasonable wind-down period.

7. Intellectual Property

• Our IP: We (and our licensors) retain all rights, title, and interest in and to our systems, templates, workflows, automations, methodologies, software, know-how, and the Website. Nothing in these Terms transfers ownership of our pre-existing or underlying intellectual property to you. We grant you a limited, non-exclusive, non-transferable licence to use the Deliverables for your internal business purposes during your Engagement.
• Your IP: You retain ownership of your Client Materials. You grant us a licence to use Client Materials as reasonably necessary to provide the Services.
• Portfolio: Unless you tell us otherwise in writing, we may identify you as a client and display non-confidential results and work samples in our marketing and portfolio.

8. Client Data and End-User Information

We process personal information in accordance with our Privacy Policy. Where we process information about your End Users, we do so on your behalf and under your instructions, and you remain the party responsible to those End Users under applicable privacy law. You represent that you have the necessary rights and consents to provide End-User information to us for processing.

9. No Guarantee of Results

Marketing, advertising, lead generation, search visibility, and review outcomes depend on many factors outside our control (including your market, offer, responsiveness, budget, third-party algorithms, and platform policies). We do not guarantee any specific results, including numbers of leads, calls, reviews, rankings, bookings, sales, or revenue. Any examples, case studies, or projections are illustrative and are not promises of performance.

10. Disclaimer of Warranties

The Website and Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation, to the maximum extent permitted by law. We do not warrant that the Website or Services will be secure, uninterrupted, or free of errors, viruses, or other harmful components.

11. Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Website or Services, even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or relating to the Website, Services, and these Terms will not exceed the total fees you paid to us for the Services in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Refined Advertising and its owners, employees, and contractors from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Website or Services; (b) your Client Materials or the content of messages sent through your account; (c) your breach of these Terms; (d) your violation of any law, including CASL, PIPEDA, TCPA, or carrier/A2P requirements; or (e) any claim by an End User relating to communications you authorized.

13. Confidentiality

Each party may receive confidential information of the other. Each party agrees to keep the other's confidential information confidential and to use it only to perform under these Terms, except where disclosure is required by law. This does not apply to information that is public, independently developed, or lawfully received from a third party.

14. Website Use

You may use the Website only for lawful purposes. All content on the Website is owned by or licensed to us and is protected by intellectual property laws. You may not copy, reproduce, republish, or exploit Website content without our written permission. We may modify, suspend, or remove the Website or any content at any time.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree that the courts located in Ontario, Canada have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, subject to Section 16.

16. Dispute Resolution

Before commencing any legal proceeding, the parties agree to attempt in good faith to resolve any dispute informally by contacting each other. If the dispute is not resolved within 30 days, either party may pursue available legal remedies in accordance with Section 15.

17. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date reflects the current version. Changes are effective when posted on this page. Your continued use of the Website or Services after changes take effect constitutes acceptance of the updated Terms.

18. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, outages, third-party platform failures, cyberattacks, changes in law, or telecommunications or carrier failures.

19. General

• Entire agreement: These Terms, together with any Engagement and our Privacy Policy, are the entire agreement between you and us regarding the subject matter.
• Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a business transfer.
• Waiver: Our failure to enforce any provision is not a waiver of it.
• Notices: Notices to us should be sent to the contact details below.

20. Contact Us

Refined Advertising
Email: zeshaan@refinedadvertising.ca
Phone: 6473629941