Legal
FOSYNC LTD.
These terms govern your use of fosync.com and the services provided by FOSYNC LTD. ("Fosync", "we", "us", "our"), an Ontario business corporation with its registered office at 1510 – 7 Carlton St, Toronto, Ontario M5B 2M3, Canada.
Part A applies to everyone who uses this website. Part B applies if you engage us for services.
Please read Sections B.10, B.11, and B.12 carefully. They limit our liability and allocate risk between us.
By using this website, submitting a form, or requesting a website audit, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the site. If you are accepting on behalf of a company, you confirm you are authorised to bind it.
This website and our services are intended for businesses, and you must be at least the age of majority in your jurisdiction. We do not offer services to consumers purchasing for personal, family, or household purposes, and we do not direct this site at anyone under 18.
The audit tool is offered free of charge. By submitting a website address you confirm that you own that website or are authorised to have it tested.
What the audit is: an automated assessment drawing on public data, third-party sources, and our own scoring model. It looks at things like page speed, mobile rendering, structured data, and public visibility signals.
What the audit is not: a security assessment, a legal or accessibility audit, a guarantee of accuracy, or a prediction of commercial results. Scores are estimates. Third-party data sources can be stale or wrong. Search engines and AI assistants change their behaviour constantly and without notice, and results are not reproducible from one run to the next.
You agree not to submit URLs you have no right to test, not to use automated or bulk submission, not to attempt to circumvent rate limits, and not to use the tool to test, probe, or stress third-party infrastructure. We may refuse, throttle, or block any request.
Do not use this website to break the law, infringe anyone's rights, transmit malware, scrape or harvest at scale, reverse-engineer our tools or audit methodology, impersonate anyone, submit false contact details, or interfere with the operation of the site. We may restrict or block access for breach of this section, and report unlawful activity to the relevant authorities.
Everything on this site — text, design, code, graphics, photography, video, case studies, and the Fosync name and logo — belongs to us or our licensors and is protected by copyright and trademark law.
You may view it, read it, link to it, and quote short excerpts with attribution and a link. You may not copy or republish substantial parts of it, use it commercially, use it to train an AI model, remove attribution or copyright notices, systematically scrape or mirror the site, or present our case studies or methodology as your own, without our prior written permission. Requests go to hello@fosync.com.
If you believe material on this site infringes your copyright, email hello@fosync.com with: identification of the work claimed to be infringed; identification of the material and its full URL; your contact details; a statement that you believe in good faith the use is unauthorised; and a statement that the information is accurate and that you are authorised to act. We review every notice we receive and remove infringing material.
Canada operates a notice-and-notice regime under sections 41.25 to 41.27 of the Copyright Act. A notice under Canadian law must identify the claimant and the work, state the claimed infringement, give the location of the material, and state the date and time. It must not contain an offer to settle, a demand for payment, or a request for personal information; notices containing those elements do not comply with the Act.
We end engagements and terminate access for repeat infringers.
Google, Apple, Siri, Amazon, Alexa, OpenAI, ChatGPT, Gemini, Perplexity, Meta, Facebook, Instagram, TikTok, LinkedIn, Shopify, Clover, WordPress, Stripe, and all other third-party names, logos, and marks referred to on this site are the property of their respective owners.
We refer to them descriptively, to explain which platforms our services work with and optimise for. This does not imply affiliation with, endorsement by, sponsorship by, partnership with, or certification from any of them. Where we hold an actual partner or reseller status with a platform, we say so specifically and name it.
Case studies, metrics, and client results published on this site describe outcomes achieved in those specific engagements. They are not typical, not a prediction, and not a promise of what your business will achieve. Outcomes depend on your market, your competition, your budget, your existing position, and factors outside anyone's control.
Content on this site, including audit reports, articles, and guides, is general information. It is not legal, tax, accounting, or other professional advice, and it does not take account of your circumstances.
We work to keep this site accurate and available, but we do not warrant that it will be uninterrupted, error-free, or free of harmful components. We may change or withdraw any part of it at any time.
Nothing is scheduled and no production work happens before payment.
Order of precedence. Where there is a conflict, your signed offer or statement of work governs first, then these terms.
Depending on your offer: website design and development, search and generative engine optimisation, content production, social media management, video and user-generated content production, paid advertising management, marketing automation, and ongoing maintenance and support.
Your offer defines what is included. Anything outside it — additional pages, revision rounds beyond the number stated, new platforms, redesigns after approval, or rush work — is a change. We will quote it in writing and begin once you approve. We do not perform unquoted work and then invoice you for it.
Revisions. Unless your offer says otherwise, each deliverable includes two rounds of revision within the agreed scope and design direction. A revision round means consolidated feedback delivered once, not a stream of individual requests.
Acceptance. A deliverable is accepted when you approve it, or is deemed accepted if we receive no feedback within 7 business days of delivery. Acceptance closes the revision rounds included in your offer, completes that part of the engagement, and makes any final instalment due. It does not affect our obligation to fix defects in work we built. Requests arriving after acceptance that fall outside the original scope are quoted as new work. If you need longer than 7 business days to review something, tell us and we will extend the window.
Timelines depend on you as much as on us. You agree to:
Delay. If we are blocked waiting on a specific input from you for more than 10 days, all dated commitments — including any stated build turnaround — pause for the duration of the delay, and we may move the remaining work to our next available slot. Delivery commitments assume you meet your side of the schedule.
If we cannot reach you at all, the process in Section 8 of our Refund and Cancellation Policy applies: after 30 days without a response the project is paused and your production slot is released, and after 90 days it is closed and we hand over what was completed and paid for. We email you at least twice before pausing and again before closing.
Instalment plans. Where your offer provides for instalments, each is due on the date stated. Overdue amounts accrue interest at 1.5% per month, being an equivalent annual rate of 18%. After 15 days overdue we may suspend work on notice. You remain responsible for fees accrued and for third-party costs already committed.
Invoice disputes. Tell us within 10 days of the invoice date. Undisputed amounts remain payable.
Our default is that you own everything from day one. Where a project needs a domain, hosting, a plugin or theme licence, stock media, a software subscription, or an advertising account, we set it up in your name, on your own payment method. You hold the account, you hold the billing relationship, and it stays yours if we ever part ways.
This means:
Third-party platforms are governed by their own terms, which apply to you directly. We are not responsible for their availability, pricing, policy changes, or decisions about your account.
Your material. You keep ownership of everything you give us — brand, content, trademarks, and data. You grant us a licence to use it for the engagement.
Our background IP. We keep ownership of everything we bring with us: our frameworks, methodologies, internal tooling, code libraries, templates, and anything developed outside your offer. Where a deliverable includes our background IP, you receive a perpetual, non-exclusive, worldwide licence to use it as part of that deliverable.
Deliverables. On full payment of all amounts owing, we assign to you the intellectual property in the final deliverables produced specifically for you, and we waive our moral rights in them to the extent permitted by law. Until full payment you hold a limited licence to review and approve, not to publish or exploit. Unused concepts, rejected versions, and working files remain ours unless your offer says otherwise.
A refund reverses assignment. Where we issue a refund, ownership of the work it covers does not pass to you, and any assignment under this section does not take effect to that extent. This applies to partial refunds as well as full ones, and it applies equally where a payment is reversed through a chargeback. Section 11 of our Refund and Cancellation Policy sets out how this works, including how we confirm in writing which materials do transfer where a refund covers only part of an engagement.
Third-party components. Deliverables may include third-party themes, plugins, fonts, stock media, and open-source code that is licensed rather than owned. These are provided under their own licences, which we will identify, and some require an ongoing subscription to continue receiving updates and support. We tell you which ones before launch.
AI-generated material. We use AI tools in producing copy, imagery, and content, and we review output before delivery. Two things follow from that, and we prefer to state them plainly. First, material generated by an AI system without sufficient human authorship may not be eligible for copyright protection in the United States, and the position elsewhere is unsettled; we therefore cannot warrant that every AI-assisted element of a deliverable is protectable by copyright. Second, we cannot warrant that AI output is wholly original — we take reasonable care through originality checking, review, and editing, but final review and approval of published content rests with you. Tell us in writing if you want AI excluded from any part of your work and we will scope the engagement accordingly.
Portfolio. Unless you tell us otherwise in writing, we may identify you as a client and display the work — screenshots, video, and descriptions — in our portfolio, case studies, offers, and social media. Publishing your performance metrics, such as bookings, revenue, traffic, or conversion figures, requires your separate written approval on each occasion. You may withdraw portfolio permission for the future at any time by writing to hello@fosync.com; we will remove the work from materials we control within 30 days, though we cannot recall printed matter or third-party reposts.
Each of us will keep the other's confidential information confidential, use it only for the engagement, protect it as carefully as we protect our own, and return or destroy it on request. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law — and in that last case we will tell you first if we are permitted to. These obligations survive for 3 years after the engagement ends.
Where we handle personal information on your behalf, we act on your documented instructions, keep it confidential, apply appropriate security, engage service providers under equivalent terms, help you respond to individuals exercising their rights, notify you without undue delay of any breach affecting your data, and return or delete the data when the engagement ends. Our Privacy Policy sets out the service providers we use.
You are responsible for having a lawful basis and any necessary consent for data you give us, including customer or audience lists uploaded to advertising platforms. You confirm that you have that consent, and you will hold us harmless if you do not.
We warrant that we will perform with reasonable skill and care, in a professional manner, consistent with your offer.
We do not guarantee:
Except as expressly stated in these terms, services are provided as is, and we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
To the fullest extent permitted by law:
Nothing in this section excludes liability that cannot lawfully be excluded, including fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
You will defend and indemnify us against third-party claims arising from content, data, or materials you supplied or approved; your use of deliverables in a manner we did not recommend; your breach of these terms; and your breach of applicable law or of a third-party platform's terms.
We will defend and indemnify you against third-party claims that deliverables created by us — excluding anything you supplied, anything produced to your specification, and third-party components licensed as is — infringe copyright or trademark, provided you notify us promptly and allow us to control the defence.
We will not produce or publish content that is unlawful, defamatory, fraudulent, or deceptive; that infringes anyone's rights; that harasses or incites violence; that discriminates on a protected ground; that makes health, medical, financial, or legal claims we cannot substantiate; that consists of fake reviews, purchased engagement, or fabricated testimonials; or that uses techniques prohibited by a platform's terms.
Marketing claims we publish must be truthful and substantiated before they run, as Canada's Competition Act and the United States FTC Act require. You provide the underlying data for claims about your business and warrant its accuracy. Paid or incentivised endorsements must be disclosed clearly, and we require creators and clients to follow that rule.
If you insist on content that breaches this section, we will decline the work and may end the engagement.
Project engagements run until the deliverables are complete and accepted.
Monthly services are billed for a calendar month of service and may be cancelled at any time by emailing hello@fosync.com. Cancellation takes effect at the end of the month already paid for, and the service does not renew into the following month.
Either party may terminate immediately on written notice for material breach not cured within 10 days, or on insolvency. We may suspend or terminate if you do not pay after notice, if you ask us to do something unlawful or contrary to a platform's terms, or if you behave abusively toward our team.
On termination, you pay for all work performed and third-party costs committed to the termination date. Refunds are governed by our Refund and Cancellation Policy. We will transfer completed and paid-for deliverables, hand over accounts and credentials we hold for you, and provide a reasonable handover — up to 2 hours at no charge, beyond that at our standard rate. Hosting, maintenance, and campaign management stop at the end of the paid period, so export anything you need before then.
Sections B.7, B.8, B.11, B.12, and B.15 survive termination.
Independent contractor. We are an independent contractor. Nothing in these terms creates a partnership, joint venture, employment, or agency relationship.
Non-solicitation. During an engagement and for 12 months afterwards, neither party will knowingly solicit for employment or contract any employee or contractor of the other who was directly involved in the work. General public advertising is not solicitation.
Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including natural disaster, war, epidemic, labour action, government action, utility or network failure, or a major third-party platform outage.
Assignment. Neither party may assign without the other's written consent, except to a successor in a merger or a sale of substantially all assets.
Notices. In writing, to the addresses in the offer, or to hello@fosync.com for us. Email is sufficient.
Severability. If any provision is held unenforceable, the remainder stands.
Entire agreement. Your offer and these terms together form the whole agreement and supersede prior discussions.
Changes to these terms. We may update these terms; the "Last updated" date shows when. Changes apply to new engagements and to renewals. For an existing engagement, the terms in force on the date you accepted your offer continue to govern unless we agree otherwise in writing.
Governing law. These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict of law rules. The courts of Ontario have exclusive jurisdiction, and both parties attorn to them.
Language. These terms are drawn up in English at the express wish of the parties.
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