Terms & Conditions & Privacy Policy
Effective Date: January 7, 2026
Website: https://byheartcreative.com
Business Name: ByHeart Creative
Contact Email:
[email protected]
Jurisdiction: Ontario, Canada
1. Introduction and Acceptance of Terms
These Terms and Conditions (“Terms”) govern your access to and use of the website byheartcreative.com (the “Website”) and the digital marketing services provided by ByHeart Creative (“we,” “us,” or “our”).
By accessing this Website, submitting an inquiry, or purchasing our services, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not use the Website or our services.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding contract to use our Website and services. By using our services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
3. Description of Services
ByHeart Creative provides digital marketing services for small businesses, which may include but are not limited to:
Branding and creative services
Social media management
Advertising and campaign management
Website and content-related services
Marketing strategy and consulting
Specific services, deliverables, timelines, and pricing will be outlined in written proposals, service agreements, or invoices agreed upon separately. Those documents form part of these Terms by reference.
4. No Guarantee of Results
While we apply professional expertise and commercially reasonable efforts, ByHeart Creative does not guarantee specific outcomes, including but not limited to increased revenue, leads, sales, search rankings, or advertising performance. Digital marketing results depend on multiple external factors beyond our control.
5. Client Responsibilities
You agree to:
Provide accurate, complete, and timely information required to perform services
Obtain all necessary rights, licenses, and permissions for content you provide
Review and approve deliverables within agreed timelines
Comply with applicable laws, platform policies, and advertising regulations
Delays or failures caused by incomplete or inaccurate information may affect timelines and outcomes and are not the responsibility of ByHeart Creative.
6. Fees, Payments, and Taxes
6.1 Fees
All fees are quoted in Canadian Dollars (CAD) unless otherwise stated. Pricing will be specified in proposals or invoices.
6.2 Payment Terms
Payments are due as stated on the invoice
Late payments may result in suspension of services
We reserve the right to charge late fees or interest as permitted by law
6.3 Taxes
You are responsible for all applicable taxes, including GST/HST or other governmental charges, unless explicitly stated otherwise.
7. Refunds and Cancellations
Due to the customized and service-based nature of digital marketing services:
All payments are non-refundable, unless otherwise stated in writing
You may cancel ongoing services by providing written notice in accordance with your service agreement
Fees for work already completed or in progress remain payable
8. Intellectual Property Rights
8.1 Our Intellectual Property
All materials, methodologies, templates, strategies, tools, designs, and content developed by ByHeart Creative remain our intellectual property unless explicitly transferred in writing.
8.2 Client Materials
You retain ownership of materials you provide to us. By providing such materials, you grant us a non-exclusive, royalty-free license to use them solely for the purpose of delivering services.
8.3 License to Deliverables
Upon full payment, you are granted a limited, non-transferable license to use final deliverables for their intended business purpose, unless otherwise agreed in writing.
9. Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed during the course of the business relationship, unless disclosure is required by law or permitted in writing.
10. Third-Party Platforms and Services
Our services may involve third-party platforms such as social media networks, advertising platforms, analytics tools, or hosting providers. We are not responsible for:
Changes to third-party policies, algorithms, or pricing
Platform outages or account suspensions
Actions taken by third-party service providers
Your use of third-party platforms is subject to their respective terms and conditions.
11. Website Use and Prohibited Activities
You agree not to:
Use the Website for unlawful purposes
Attempt to gain unauthorized access to systems or data
Introduce malware, viruses, or harmful code
Copy, reproduce, or exploit Website content without permission
We reserve the right to restrict or terminate access for violations.
12. Disclaimer of Warranties
The Website and services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law:
ByHeart Creative shall not be liable for indirect, incidental, consequential, or punitive damages
Our total liability for any claim shall not exceed the total amount paid by you for the services giving rise to the claim
This limitation applies regardless of the legal theory asserted.
14. Indemnification
You agree to indemnify and hold harmless ByHeart Creative from any claims, damages, losses, liabilities, or expenses arising from:
Your breach of these Terms
Content you provide
Your misuse of the Website or services
Violation of any law or third-party rights
15. Termination
We may suspend or terminate services or Website access immediately if you breach these Terms, fail to make payment, or engage in unlawful or harmful conduct. Termination does not relieve you of payment obligations accrued prior to termination.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada.
17. Force Majeure
We shall not be liable for failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and ByHeart Creative regarding use of the Website and services.
20. Changes to These Terms
We may update these Terms from time to time. Updated versions will be posted on this page with a revised effective date. Continued use of the Website or services constitutes acceptance of the updated Terms.
21. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact:
ByHeart Creative
Ontario, Canada
Email:
[email protected]
Privacy Policy
Effective Date: January 7, 2026
Website: https://byheartcreative.com
Business Name: ByHeart Creative
Contact Email:
[email protected]
Business Address: Ontario, Canada
1. Introduction
ByHeart Creative (“we,” “us,” or “our”) is committed to protecting your privacy and handling personal information in a transparent and responsible manner. This Privacy Policy explains how we collect, use, store, disclose, and safeguard personal information when you visit our website or engage our digital marketing services.
This Privacy Policy is designed to comply with:
Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)
The California Consumer Privacy Act (CCPA), as amended by the CPRA, where applicable
By using our website or services, you agree to the practices described in this Privacy Policy.
2. Scope of This Policy
This Privacy Policy applies to:
Visitors to byheartcreative.com
Prospective and current clients
Individuals who contact us via forms, email, or other communication channels
It does not apply to third-party websites or services that may be linked from our website.
3. Personal Information We Collect
We may collect the following categories of personal information:
3.1 Information You Provide Directly
Full name
Business name
Email address
Phone number
Billing and invoicing information
Project details or service inquiries
Any information you voluntarily submit via forms, email, or consultations
3.2 Information Collected Automatically
When you visit our website, we may automatically collect:
IP address
Browser type and version
Device information
Pages visited and time spent on pages
Referring URLs
Date and time of access
This data is collected through cookies and similar tracking technologies.
4. Cookies and Tracking Technologies
We use cookies and similar technologies to:
Improve website functionality and performance
Analyze traffic and user behavior
Enhance user experience
You can control or disable cookies through your browser settings. Disabling cookies may affect website functionality.
5. Purpose of Collection and Use of Information
We collect and use personal information for the following purposes:
To provide and manage digital marketing services
To respond to inquiries and communicate with clients
To process payments and issue invoices
To improve our website, services, and marketing strategies
To comply with legal and regulatory obligations
To protect against fraud, unauthorized access, and misuse
We only collect personal information that is necessary for identified purposes, in accordance with PIPEDA’s principles of limited collection.
6. Legal Basis for Processing
Depending on your jurisdiction, we process personal information based on:
Your consent
Performance of a contract or pre-contractual steps
Compliance with legal obligations
Legitimate business interests that do not override your privacy rights
7. Sharing and Disclosure of Personal Information
We do not sell personal information.
We may share personal information only in the following circumstances:
7.1 Service Providers
With trusted third-party service providers who assist us with:
Website hosting
Payment processing
Analytics and performance monitoring
Email and communication tools
These providers are contractually obligated to protect your information and use it only for authorized purposes.
7.2 Legal Requirements
We may disclose personal information if required to do so by law, regulation, court order, or governmental authority.
7.3 Business Transfers
In the event of a merger, sale, or transfer of business assets, personal information may be transferred as part of that transaction, subject to applicable privacy laws.
8. Data Storage and Retention
Personal information is stored securely using industry-standard safeguards. We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law.
When information is no longer required, it is securely deleted or anonymized.
9. Data Security Measures
We implement reasonable administrative, technical, and physical safeguards to protect personal information, including:
Secure servers and encrypted connections (SSL)
Access controls and authentication measures
Limited access to personal data on a need-to-know basis
Despite our efforts, no method of transmission or storage is completely secure. We cannot guarantee absolute security.
10. Your Rights Under PIPEDA (Canada)
Under PIPEDA, you have the right to:
Access your personal information
Request corrections to inaccurate or incomplete information
Withdraw consent, subject to legal or contractual restrictions
Inquire about our privacy practices
Requests may be submitted by contacting us at
[email protected].
11. Your Rights Under CCPA (California Residents)
If you are a California resident, you have the right to:
Know what personal information we collect, use, and disclose
Request access to your personal information
Request deletion of your personal information (subject to exceptions)
Correct inaccurate personal information
Opt out of the sale or sharing of personal information (we do not sell or share personal data)
Not be discriminated against for exercising your privacy rights
To exercise your rights, contact us at
[email protected]. We may verify your identity before processing requests.
12. Children’s Privacy
Our website and services are not intended for individuals under the age of 13. We do not knowingly collect personal information from children. If you believe a child has provided personal information, please contact us so we can delete it.
13. International Data Transfers
Personal information may be processed or stored outside your province, state, or country, including in jurisdictions with different data protection laws. We take reasonable steps to ensure appropriate safeguards are in place for such transfers.
14. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites. We encourage you to review their privacy policies.
15. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated effective date. Continued use of our website after changes constitutes acceptance of the revised policy.
16. Contact Information
If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact:
ByHeart Creative
ON, Canada
Email:
[email protected]