DAY OF DESIGN | Terms of Use

Terms of Use

Last Updated: [Feb 22 2026]

Welcome to DAY OF DESIGN (“Company”, “we”, “us”, or “our”).
These Terms of Use (“Terms”) govern your access to and use of our website located at https://www.dayofdesign.ca (the “Site”) and any related content, products, services, consultations, bookings, and communications offered through the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Eligibility

You must be at least the age of majority in your jurisdiction to use this Site and purchase services.
By using the Site, you represent that you have the legal capacity to enter into a binding agreement.

2. Scope of Services

DAY OF DESIGN provides branding, design, strategy, marketing, and related creative services, including but not limited to:

Brand strategy and identity
Visual design and digital assets
UX/UI design
Content and creative production
Advisory and growth support
Booking-based consultation sessions

All services are subject to scope, availability, timelines, and specific deliverables as stated in a separate proposal, statement of work, subscription plan, order form, or written agreement.

3. Website Content and No Professional Guarantee

Information on this Site is for general informational and promotional purposes only.
Nothing on this Site constitutes legal, financial, accounting, tax, or other regulated professional advice.

Business outcomes (e.g., traffic, conversion, revenue, growth) depend on many external factors. We do not guarantee specific business results unless explicitly stated in a signed written agreement.

4. Account, Booking, and Communications

When you submit forms, book consultations, or otherwise contact us, you agree to provide accurate and complete information.

You are responsible for:

Maintaining the confidentiality of your account credentials (if any)
Ensuring submitted information is accurate
Promptly notifying us of unauthorized use or security concerns

We may contact you regarding bookings, service delivery, support, updates, and operational notices.

5. Payments, Billing, and Taxes

If you purchase any paid service:

Fees, billing cycle, and deliverables are defined in the applicable plan/proposal.
Payments must be made on time via approved payment methods.
Taxes (including applicable sales taxes) may be added where required by law.
Late or failed payment may result in delayed delivery, pause of services, or cancellation.

Unless otherwise stated in writing, all fees are quoted in [CAD/USD—choose one].

6. Subscription, Pause, Cancellation, and Refunds

Where subscription plans are offered:

You may pause/resume subject to plan terms.
Cancellation terms (notice period, effective date) are governed by your selected plan or contract.
Refund eligibility is governed by written plan terms. If no refund terms are stated, fees paid are non-refundable for work already performed or allocated capacity.

You should publish a matching standalone Refund / Cancellation Policy for clarity.

7. Client Responsibilities

To enable timely delivery, you agree to:

Provide required materials, approvals, and feedback promptly
Ensure you have rights to all client-provided content
Review deliverables within agreed timelines
Use deliverables in compliance with applicable laws

Delays in client feedback or missing materials may impact delivery timelines.

8. Intellectual Property

8.1 Our Site IP

All Site content (text, design, branding, graphics, code, layout, and materials) is owned by DAY OF DESIGN or licensed to us and protected by intellectual property laws.

You may not copy, reproduce, republish, distribute, modify, or create derivative works without prior written consent.

8.2 Client Project IP

Ownership and usage rights for project deliverables are determined by the governing service agreement (proposal/SOW/contract).
Unless otherwise agreed in writing:

We retain ownership of pre-existing tools, frameworks, methods, templates, and know-how.
Client receives rights to final approved deliverables after full payment.
Drafts, unused concepts, and internal working files remain our property unless explicitly transferred.

9. Acceptable Use

You agree not to:

Use the Site for unlawful or fraudulent purposes
Attempt unauthorized access to systems, data, or accounts
Interfere with Site operation, security, or availability
Upload malicious code, spam, or harmful materials
Misrepresent your identity or affiliation

We may suspend or block access for violations.

10. Third-Party Tools and Links

The Site may contain third-party links, integrations, embedded services, or tools (e.g., booking platforms, analytics, payment processors, AI providers).
We are not responsible for third-party content, policies, uptime, or practices. Your use of third-party services is governed by their terms and privacy policies.

11. AI-Generated or Assisted Content (if applicable)

Where AI-assisted tools are used (on-site tools or internal production support):

Outputs may contain inaccuracies and require human review.
You remain responsible for final usage decisions.
We do not guarantee exclusivity of raw AI-generated outputs unless expressly agreed.

12. Confidentiality

Each party may receive confidential information during service delivery.
Both parties agree to use reasonable care to protect confidential information and use it only for permitted purposes, except where disclosure is required by law.

If needed, parties may execute a separate NDA.

13. Disclaimers

The Site and services are provided on an “as is” and “as available” basis 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 uninterrupted, error-free, or fully secure operation of the Site.

14. Limitation of Liability

To the fullest extent permitted by law, DAY OF DESIGN and its directors, officers, employees, contractors, and affiliates shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities.

Our total aggregate liability arising out of or related to these Terms or Site use shall not exceed the greater of:

the amount you paid us (if any) in the 12 months preceding the claim, or
CAD $100.

Some jurisdictions do not allow certain limitations; in such cases, limitations apply to the maximum extent permitted.

15. Indemnity

You agree to indemnify and hold harmless DAY OF DESIGN from and against claims, losses, liabilities, and expenses (including legal fees) arising out of:

Your misuse of the Site
Your breach of these Terms
Your violation of laws or third-party rights
Content or materials you submit to us

16. Termination

We may suspend or terminate access to the Site or related services at any time for violations of these Terms, security concerns, legal compliance, or operational reasons.

Sections intended to survive (IP, disclaimers, limitation, indemnity, governing law, dispute resolution) will survive termination.

17. Governing Law and Dispute Resolution

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-law principles.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, unless otherwise agreed in writing.

(Optional alternative: add mediation/arbitration step before court.)

18. Changes to Terms

We may update these Terms from time to time.
Updated Terms become effective when posted with a revised “Last Updated” date. Continued use of the Site after updates constitutes acceptance.

19. Privacy

Your use of the Site is also subject to our Privacy Policy.
Please review it here: [Insert Privacy Policy URL].

20. Contact

If you have questions about these Terms, contact us at:

DAY OF DESIGN
Email: info@dayofdesign.ca
Website: https://www.dayofdesign.ca