Last Updated: July 3, 2025
1. Agreement to Terms
Welcome to withY Solutions (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our digital marketing and software development services, including but not limited to SEO, PPC, social media marketing, email marketing, web design, content marketing, graphic design, web development, mobile apps, game development, chatbots, and other related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific Services you purchase. If you do not agree, you may not use the Services.
2. Definitions
2.1 Client: The individual or entity purchasing our Services.
2.2 Deliverables: Tangible or intangible outputs created by us as part of the Services.
2.3 Confidential Information: Any non-public information disclosed between the parties in connection with the Services.
3. Scope of Services
3.1 Description: We provide customized digital marketing and software development services as outlined in individual proposals or contracts (“Statements of Work” or “SOWs”).
3.2 Modifications: Any changes to the scope of Services must be agreed upon in writing and may result in additional fees.
3.3 Third-Party Tools: We may use third-party tools or services to deliver the Services. Your use of these tools is subject to their terms and conditions.
4. Client Responsibilities
4.1 Information and Access: You agree to provide accurate information, timely approvals, and access to necessary systems or personnel to facilitate the delivery of Services.
4.2 Compliance: You are responsible for ensuring your use of the Services complies with all applicable laws and regulations.
4.3 Intellectual Property: You warrant that any materials provided to us for use in the Services do not infringe on third-party intellectual property rights.
5. Fees and Payment
5.1 Fees: Fees for Services will be outlined in the applicable SOW.
5.2 Invoicing and Payment: Invoices are payable within 30 days of issuance. Late payments may incur interest at 10% per month.
5.3 Refunds: Payments are non-refundable unless explicitly stated otherwise in the applicable SOW.
5.4 FREE Audits: Free wrap-around digital audits are only completed after the customer signs to Services. Instead of the Company’s regular price – the price of $0 will be shown in your initial invoice.
6. Steve’s Promises
6.1 Loyalty First
We are dedicated to your business and will never knowingly work with your direct competitors while in partnership with you. For this guarantee to apply, you must provide written notice identifying any direct competitors at the start of our engagement. This commitment remains valid during the term of our partnership and does not apply to businesses not expressly identified as competitors.
6.2 Custom Solutions
No cookie-cutter strategies here. Every campaign, design, and service is customized specifically for your unique needs, goals, and vision. While we make every effort to align with your goals, customization does not guarantee specific results, as outcomes depend on multiple factors beyond our control.
6.3 Satisfaction Guaranteed
If you’re not satisfied with our services within the first three days after delivery of mockups, prototypes, or initial campaign materials leading up to launch, we’ll refund your investment—no hard feelings, no hassle. However, to qualify for this guarantee, you must:
- Persuade a Reasonable Standard: Provide a detailed explanation of why the delivered work does not meet your expectations, sufficient to convince a reasonable person that your dissatisfaction is justified.
- Demonstrate Prior Feedback: Show that you did not previously express approval or satisfaction with the mockups, prototypes, or campaign materials in question.
- IP Ownership: Acknowledge that upon issuing the refund, we retain all rights to the intellectual property associated with the deliverables and may reuse, modify, or repurpose them for other purposes.
Requests for refunds must be submitted in writing within three business days of receiving the materials. This guarantee excludes ad spend, third-party tools, or costs incurred on your behalf.
6.4 Lead Assurance
Launch with confidence! If you don’t generate at least one qualified lead within the first month after your campaign goes live, we’ll refund your money in full. To qualify, you must provide evidence of full cooperation, including providing necessary access, approvals, and materials required to execute the campaign. This guarantee applies only to services specifically focused on lead generation and excludes broader brand awareness or other non-lead-focused efforts.
6.5 Time Assurance
We value your time and promise prompt communication and delivery:
- Response Time: You will receive responses to inquiries within 12 hours or less during business hours (Monday to Friday, 9:00 AM – 5:00 PM PST).
- Meeting Punctuality: All scheduled meetings will begin promptly as agreed.
- Work Timelines: Deliverables will be completed accurately and on schedule, as outlined in your proposal or contract.
This assurance excludes weekends, public holidays, and delays caused by circumstances beyond our control.
7. Intellectual Property
7.1 Ownership: Deliverables created by us are owned by you upon full payment, except for pre-existing tools, templates, or methodologies used in their creation, which remain our property.
7.2 License: You grant us a non-exclusive, royalty-free license to use your intellectual property solely for the purpose of providing the Services.
7.3 Attribution: We reserve the right to display your project as part of our portfolio unless otherwise agreed in writing.
8. Confidentiality
8.1 Obligations: Both parties agree to maintain the confidentiality of any Confidential Information disclosed.
8.2 Exceptions: Confidential Information does not include information that is publicly available, independently developed, or legally required to be disclosed.
9. Warranties and Disclaimers
9.1 Our Warranties: We warrant that the Services will be provided in a professional and workmanlike manner.
9.2 Disclaimer: We do not guarantee specific results or outcomes from the Services. The Services are provided “as is” and “as available.”
9.3 Limitation of Liability: To the fullest extent permitted by law, our liability is limited to the amount paid by you for the Services in the six months preceding the event giving rise to the claim.
10. Indemnification You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses arising from your use of the Services, breach of these Terms, or violation of applicable laws.
11. Term and Termination
11.1 Term: These Terms remain in effect for the duration of the Services.
11.2 Termination for Convenience: Either party may terminate the Services upon 30 days’ written notice.
11.3 Termination for Cause: Either party may terminate immediately if the other party materially breaches these Terms.
11.4 Effect of Termination: Upon termination, all outstanding fees become immediately due, and any licenses granted under these Terms will terminate.
12. Dispute Resolution
12.1 Governing Law: These Terms are governed by the laws of British Columbia and Canada, without regard to their conflict of laws principles.
12.2 Arbitration: Any disputes will be resolved through binding arbitration in Vancouver, British Columbia, in accordance with the rules of the British Columbia International Commercial Arbitration Centre (BCICAC).
12.3 Injunctive Relief: Either party may seek injunctive relief in a court of competent jurisdiction to prevent unauthorized use of its intellectual property or Confidential Information.
13. Miscellaneous
13.1 Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
13.2 Entire Agreement: These Terms, along with any applicable SOWs, constitute the entire agreement between the parties.
13.3 Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
13.4 Waiver: Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
13.5 Assignment: You may not assign these Terms without our prior written consent.
14. Contact Information If you have any questions about these Terms, please contact us at hello@withy.ca.
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.
