Terms of Service

These Terms of Service ("Terms") govern your access to and use of upsmash.digital (the "Site"), operated by Upsmash Digital ("Upsmash Digital," "we," "us," or "our"). 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. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to the Site, our systems, or related networks
• Submit false, misleading, or fraudulent information through our forms
• Interfere with or disrupt the Site's functionality or security
• Scrape, copy, or reproduce the Site's content for commercial purposes without our written permission

2. Intellectual Property

All content on the Site — including text, graphics, logos, videos, and design — is owned by or licensed to Upsmash Digital and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.

3. Forms, Bookings & Communications

When you submit the lead form or book a strategy call, you represent that the information you provide is accurate and that you are authorized to make inquiries on behalf of your business. Submitting a form or booking a call does not create a client relationship or any obligation on either party until a separate service agreement is signed.

4. No Guarantee of Results

Any case studies, results, or testimonials shown on the Site reflect the specific experiences of past clients and are not a guarantee of future performance. Marketing and advertising results depend on many factors outside our control, and past results do not guarantee similar outcomes for your business.

5. Third-Party Links & Services

The Site may link to or integrate with third-party services (such as Google, Meta, and our booking calendar). We are not responsible for the content, accuracy, or practices of third-party sites, and your use of those services is subject to their own terms and privacy policies.

6. Disclaimer of Warranties

The Site is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

7. Limitation of Liability

To the fullest extent permitted by law, Upsmash Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold Upsmash Digital harmless from any claims, damages, or expenses arising from your use of the Site or violation of these Terms.

9. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

10. Changes to These Terms

We may update these Terms from time to time. Changes take effect once posted on this page, with the "Last updated" date revised accordingly. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

11. Contact Us

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

Upsmash Digital
Email: kenneth@upsmash.digital
Phone: 778-229-2761