Terms & Conditions

“Order” means the specific service plan, package, subscription, payment link selection, or written quote purchased or selected by the Client, which defines the deliverables, scope, pricing, and billing frequency. “Services” means the media production, marketing content and ad creatives, AI-assisted automation and CRM solutions, software, digital solutions, and consulting services described in the Order. “Deliverables” means the final work products provided to the Client under the Order.

By selecting a service, subscribing, submitting payment, or otherwise accepting these Terms through any online form, payment link, or electronic means, the Client agrees to be bound by these Terms. The Client agrees that such electronic acceptance is valid, binding, and enforceable to the same extent as a handwritten signature, and that a separate signed document is not required to form a binding agreement. The individual who accepts these Terms or completes an Order represents and warrants that they are authorized to enter into this agreement on behalf of the Client. The Client confirms that it is engaging AlphaPixels for business and commercial purposes, and not as a consumer for personal, family, or household purposes.

AlphaPixels provides the Services described in the applicable Order. The scope of work, specific deliverables, quantities, timelines, and pricing are defined solely by the Order. No verbal statements, informal messages, examples, estimates, or discussions create binding obligations or deliverable commitments unless expressly set out in the Order in writing. Any work requested beyond the scope of the Order requires a separate written agreement and may be subject to additional fees.

Timely and effective delivery of the Services depends on the Client’s cooperation. The Client agrees to: provide all materials, content, brand assets, information, access, and approvals necessary for the Services in a timely manner; provide site access, site readiness, and coordination for any on-location work, including photography or videography sessions; designate a point of contact and respond to requests within a reasonable time; and provide brand guidelines where brand consistency is required, failing which AlphaPixels will exercise reasonable creative discretion. Delays or limitations caused by the Client, including failure to provide materials, approvals, access, or ready project sites, do not constitute a failure or breach by AlphaPixels and do not entitle the Client to any refund, credit, or compensation.

AlphaPixels will designate the communication channels and points of contact for the engagement. The Client agrees to direct all instructions, materials, approvals, requests, and concerns to AlphaPixels in writing through those designated channels. Instructions or approvals given outside the designated channels, or given informally or verbally, may not be actioned and are not binding on AlphaPixels. Routine communication and work take place during normal business hours. The Client agrees not to contact AlphaPixels personnel or contractors outside the designated channels or outside the professional scope of the engagement.

Fees are as set out in the Order and are in Canadian Dollars (CAD) unless stated otherwise. Applicable taxes may be added. Subscription services are billed in advance on a recurring basis. Invoices are due on receipt unless otherwise specified. Late or failed payments may result in paused or suspended Services. The Client is responsible for keeping payment information current and valid.

All fees are non-refundable except where a refund is required by applicable law. Subscription fees are non-refundable in full, including for partial billing periods, regardless of usage and regardless of the date of cancellation within a billing cycle. Deposits, production fees, and project fees become non-refundable once work has begun, time or resources have been booked or allocated, or any deliverable has been commenced. Cancellation of a subscription takes effect at the end of the then-current billing cycle, and the Client remains responsible for the full fees for that cycle. To cancel, the Client must submit a written cancellation request to info@alphapixels.ca. Termination of Services by AlphaPixels for cause under Section 18 does not entitle the Client to any refund.

Requests for refunds based on subjective dissatisfaction, creative or stylistic preference, change of mind, or a change in the Client’s business circumstances or direction will not be granted. A chargeback or payment dispute does not create any entitlement to a refund.

The Client agrees to contact AlphaPixels in writing and to allow at least ten (10) business days to resolve any billing concern before initiating any chargeback, payment dispute, or payment reversal. Initiating a chargeback or payment dispute without first following this process is a breach of these Terms. Because the Services are time-based and labour-based and are rendered and consumed upon delivery, a chargeback does not reverse work already performed, and the Client remains liable for the value of the Services rendered. For any chargeback or payment dispute that is found to be without merit or made in bad faith, the Client remains liable for the full disputed amount together with all associated chargeback fees, administrative costs, and reasonable costs of collection or recovery. AlphaPixels may suspend or terminate all Services in the event of a chargeback and may decline future engagement with the Client.

The Client acknowledges that records of payment, access to and use of Deliverables, and continued engagement with the Services constitute evidence of the Client’s acceptance of the Services, and may be relied upon by AlphaPixels in response to any chargeback or payment dispute.

Deliverables are made available to the Client through shared folders, links, or platforms. Payment of fees, access to Deliverables, use of Deliverables, and continued engagement with the Services each constitute the Client’s acceptance of the Services rendered for the applicable period. Any concern regarding a Deliverable must be raised in writing within seven (7) days of delivery. In the absence of a timely written objection, the Deliverable is deemed accepted.

Where the Order includes revisions, the Client may request reasonable revisions to a Deliverable within the acceptance period set out in these Terms. Revision requests must be specific, made in writing through the designated communication channels, and consistent with the scope of the Order. Revisions arising from a change to the agreed scope, a change in the Client’s direction or preferences, or new requirements not part of the original Order are considered additional work and may be subject to additional fees. The revision process is the Client’s remedy for any concern regarding a Deliverable. Dissatisfaction with a Deliverable does not entitle the Client to a refund.

The Services involve professional creative judgment, and creative, stylistic, and editorial decisions are inherently subjective. AlphaPixels will perform the Services in a professional and workmanlike manner consistent with the Order. Subjective dissatisfaction with a Deliverable, differences in creative or stylistic preference, a change of mind, or a change in the Client’s business direction do not constitute defective work, non-conforming work, non-delivery, or a breach by AlphaPixels, and do not entitle the Client to any refund, credit, or compensation. The Client’s sole remedy for any concern regarding a Deliverable is the revision process described in these Terms.

Any stated turnaround times are estimates only and are not guaranteed. Delivery timelines may be affected by Client delays, scope or revision changes, site readiness, third-party platform outages, and events outside of AlphaPixels’ reasonable control. AlphaPixels is not liable for delays arising from such factors.

AlphaPixels uses artificial intelligence tools, automation, and third-party platforms in the course of delivering the Services. The Client acknowledges and agrees that AI-assisted production is a standard and accepted component of the Services. AI-assisted and AI-generated outputs are an intended part of the Deliverables and do not constitute defective, non-conforming, or substandard work. Outputs may require Client review, and the Client is responsible for reviewing Deliverables and requesting revisions within the timeframe set out in Section 9.

The Services may involve third-party platforms, including advertising, social media, hosting, automation, and payment platforms. The Client is responsible for its own accounts on such platforms, for compliance with those platforms’ policies, and for any advertising spend or media budget, which is billed directly to the Client by the relevant platform and is separate from AlphaPixels’ service fees. AlphaPixels is not responsible for third-party platform billing, payment declines, account reviews, restrictions or suspensions, policy changes, outages, pricing changes, or performance. The Client is responsible for maintaining valid payment methods for any third-party platform it uses. Issues arising from third-party platforms do not constitute a breach by AlphaPixels and do not entitle the Client to any refund, credit, or compensation.

The Client retains ownership of the original materials and content the Client provides to AlphaPixels. Unless otherwise agreed in writing, AlphaPixels retains ownership of all raw and source project files, working files, templates, processes, and internal systems; the Client receives a license to use the final Deliverables for the Client’s own business marketing and operations. AlphaPixels may feature, display, and reference completed work, Deliverables, and project results in its portfolio, website, social media, case studies, and marketing materials, unless the Client has requested confidentiality in writing before the relevant work begins. The Client represents that it holds all necessary rights to any materials it provides and grants AlphaPixels the rights necessary to use those materials to deliver the Services.

AlphaPixels is committed to maintaining a respectful and professional working environment for its team members, contractors, and personnel. The Client, and any person acting on the Client’s behalf, agrees to interact with AlphaPixels personnel in a professional and respectful manner at all times. The following conduct is strictly prohibited: abusive, threatening, harassing, demeaning, discriminatory, or insulting language or behaviour; repeated or after-hours contact intended to pressure, intimidate, or harass; and any conduct that creates a hostile or harmful working environment for AlphaPixels personnel. AlphaPixels may, at its sole discretion, immediately suspend or terminate the Services for any breach of this Section, with no refund of any fees paid.

AlphaPixels is an independent service provider. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the Client and AlphaPixels. AlphaPixels personnel and contractors are not employees, agents, or representatives of the Client, and the Client has no authority to direct, supervise, manage, or separately engage them. All work is performed by AlphaPixels as an independent business.

AlphaPixels may suspend or terminate the Services, in whole or in part, immediately and at its sole discretion, for any of the following: non-payment or failed payment; breach of these Terms; breach of the Acceptable Conduct section; the initiation of a chargeback or payment dispute; requests to perform unlawful, unethical, or platform-violating actions; or conduct that harms or threatens AlphaPixels, its personnel, or its reputation. Termination by AlphaPixels for cause does not entitle the Client to any refund, credit, or compensation. Upon termination, the Client’s access to AlphaPixels systems, accounts, shared files, and platforms may be revoked. Final Deliverables already provided to the Client remain with the Client, subject to the license described in Section 15. The Client may cancel a subscription in accordance with Section 7.

Each party agrees to keep confidential the non-public business information disclosed by the other party in the course of the engagement, except where disclosure is required by law.

To the maximum extent permitted by applicable law, AlphaPixels is not liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profit, revenue, data, goodwill, or business opportunity. AlphaPixels’ total aggregate liability arising out of or relating to the Services or these Terms is limited to the total amount paid by the Client to AlphaPixels for the specific Service in the thirty (30) days preceding the event giving rise to the claim, or, for one-time Services, the amount of the last invoice for that Service. The Services are provided on a commercially reasonable basis. AlphaPixels does not guarantee any specific business result, lead volume, revenue, engagement level, ranking, or performance outcome.

The Client agrees to indemnify and hold harmless AlphaPixels and its owners, personnel, and contractors from and against any claims, damages, losses, or costs arising from or relating to: materials or content the Client provides; the Client’s use of the Deliverables; the Client’s breach of these Terms; or the Client’s violation of any law or any third-party right.

AlphaPixels will perform the Services in a professional and workmanlike manner. Except as expressly stated in these Terms, AlphaPixels disclaims all other warranties, whether express or implied, including any implied warranties of merchantability and fitness for a particular purpose.

AlphaPixels is not liable for any delay or failure to perform arising from events beyond its reasonable control, including natural events, illness, utility or platform outages, third-party service failures, or government action.

Each party agrees to raise any concern or dispute relating to the Services directly with the other party, in writing and in good faith, and to allow a reasonable opportunity for resolution before pursuing external remedies. Neither party will make false, misleading, or defamatory statements about the other party. This Section does not prevent either party from making truthful statements or from exercising any right available under applicable law.

To the maximum extent permitted by applicable law, any claim or action arising out of or relating to the Services or these Terms must be commenced within one (1) year after the event giving rise to the claim. Any claim not commenced within that period is permanently waived and barred.

If AlphaPixels is required to enforce these Terms, defend against a claim that is found to be without merit, or recover amounts owed by the Client, the Client is responsible for AlphaPixels’ reasonable legal, collection, and administrative costs arising from that process, to the maximum extent permitted by applicable law.

These Terms, together with the applicable Order, constitute the entire agreement between the Client and AlphaPixels and supersede all prior or contemporaneous communications, proposals, discussions, representations, and understandings, whether written or verbal. No verbal statement modifies these Terms or the Order. Any modification must be made in writing.

AlphaPixels may update these Terms from time to time. The version of the Terms in effect at the time of the Client’s Order or subscription governs that engagement. Continued use of the Services after an update constitutes acceptance of the updated Terms.

The parties agree to first attempt, in good faith, to resolve any dispute through direct written communication before pursuing any other remedy. Any dispute not resolved through that process is subject to the governing law and jurisdiction set out below.

These Terms are governed by and construed in accordance with the laws of the Province of Manitoba and the applicable federal laws of Canada. The parties submit to the exclusive jurisdiction of the courts of the Province of Manitoba for the resolution of any dispute.

No failure or delay by AlphaPixels in exercising any right under these Terms operates as a waiver of that right. No waiver of any provision is effective unless made in writing by AlphaPixels.

The provisions of these Terms that by their nature should survive termination or expiry will survive, including those relating to payments owed, refunds, intellectual property, limitation of liability, indemnification, confidentiality, time limits for claims, costs of enforcement, dispute resolution, and governing law.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

The Client may not assign these Terms or any rights or obligations under them without the prior written consent of AlphaPixels. AlphaPixels may assign its rights and obligations under these Terms.

Formal notices under these Terms must be given in writing. Notices to AlphaPixels must be sent by email to info@alphapixels.ca. Notices are deemed received on the date sent if sent on a business day, or otherwise on the next business day.

Section headings are for convenience only and do not affect interpretation. The word “including” means “including without limitation.” These Terms will not be construed against either party on the basis of authorship.