Terms of Service

Effective Date: January 1 2025

Who We Are

Capture Your Audience, referred to throughout these Terms as “CYA,” “we,” “our,” or “us,” is a sole proprietorship located at 12392 100 Avenue in Surrey, British Columbia, Canada. We build business systems on the CYA platform and provide branding and content-strategy services to both individual consumers and business clients.

Scope of Services

Our services include custom systems design, automation and CRM implementation on the CYA platform, as well as branding, content-strategy planning and ongoing monthly consulting. An engagement begins when you, the “Client,” accept a proposal, complete sign-up at cya.to or make a payment against an invoice. A project may be delivered as a one-time service, a milestone schedule or a subscription or retainer, exactly as set out in the applicable order form or statement of work.

User Accounts and Platform Access

Creating a CYA platform account is required to receive deliverables and ongoing support. You must provide accurate information, safeguard your login credentials and notify us immediately of any unauthorized use. We may suspend or terminate access for security reasons, non-payment or other violations of these Terms.

Fees, Billing and Payment Terms

You may pay one hundred percent of a quoted amount at the time of order, pay a thirty-percent deposit followed by a seventy-percent balance on completion, authorize recurring subscription or retainer payments that auto-bill each month, authorize progress invoices tied to project milestones or agree to usage- or performance-based fees calculated as a percentage of agreed metrics. All invoices are payable through Stripe, PayPal, Apple Pay, Google Pay or major credit and debit cards. Where Net-fifteen terms apply, payment is due fifteen days from the invoice date. Late payments trigger automatic retries and reminder emails; continued non-payment results in suspension of service and interest of one-point-five percent per month, or eighteen percent per year, on any overdue balance.

Satisfaction Guarantee and Refunds

CYA offers a ninety-day satisfaction guarantee. If you are dissatisfied with the performance of a delivered system within ninety days we will continue working toward the promised outcome or refund your initial project payments, less any Stripe transaction fees. Platform subscription fees already incurred are not refundable. Where we fail to deliver an agreed milestone you may request a pro-rata refund that will be processed to the original payment method within ten business days.

Scheduling and Delivery

Project timelines typically range from seven days to one month, depending on complexity. Monthly consultation times are booked through our online calendar. Please give at least twenty-four hours’ notice to reschedule; missed sessions may be forfeited or billed at our discretion.

Client Obligations

You agree to complete onboarding forms accurately and promptly, supply timely feedback and any required content assets and obtain all permissions necessary for us to work on your systems or content. Failure to meet these obligations may delay delivery and may result in additional fees.

Acceptable Use and Prohibited Conduct

You must not use the CYA platform to engage in unlawful activity, distribute spam, upload malicious code or infringe the intellectual-property rights of others. We reserve the right to remove content or suspend service for any violation of this section.

SMS/Text Messaging

By providing a mobile-telephone number during onboarding or in any CYA web form, you consent to receive transactional text messages related to account activity, appointment reminders or project updates. Message frequency varies by engagement but will not exceed two messages per appointment or milestone event. Reply STOP at any time to opt out of further texts; reply HELP for assistance. Standard message and data rates may apply. Opting out of SMS will not affect the provision of services delivered by email or through the CYA platform.

Intellectual Property and Licence

All methodologies, templates and platform code remain the exclusive property of CYA. Once all fees are paid in full you receive a non-exclusive, perpetual licence to use the deliverables for your internal business purposes. Unless you opt out in writing, you grant us permission to reference your brand or logo in our portfolio.

Disclaimers

Marketing and business results vary from client to client, and testimonials or case studies are not guarantees of similar outcomes. All information we provide is general and does not constitute financial, legal or medical advice. Services are provided “as is” and “as available,” without warranties of any kind, express or implied.

Limitation of Liability

To the fullest extent permitted by law, CYA’s total liability for any claim arising out of the services will not exceed the amount you paid us during the three months immediately preceding the event that gave rise to the claim. We are not liable for indirect or consequential damages, lost profits or interruptions caused by third-party platforms or events beyond our control.

Indemnification

You agree to indemnify and hold CYA harmless from any claim, loss or expense arising out of your misuse of the services, your violation of these Terms or your infringement of any third-party rights.

Termination

Either party may terminate a subscription or retainer by giving thirty days’ written notice. Either party may terminate immediately if the other materially breaches these Terms and fails to cure within ten days. You remain responsible for all fees earned up to the date of termination.

Governing Law and Dispute Resolution

These Terms are governed by the laws of British Columbia, Canada. All disputes shall be resolved exclusively in the courts of British Columbia, unless the parties agree in writing to submit a matter to binding arbitration.

Changes to the Terms

We may update these Terms from time to time. The effective date at the top of this page will change when revisions are posted. Continued use of the website or services after an update constitutes acceptance of the revised Terms.

Contact

Questions about these Terms may be directed to our Privacy Officer, Keith Lemay, at [email protected], by phone at 604-763-4144 or by mail to 12392 100 Avenue, Surrey, BC V3V 2X3, Canada.