Terms of Service

The Service

AC95 provides digital services, such as web development, graphic design, branding and digital marketing, that you request through the dashboard. In the dashboard you can create brands, request services, follow your projects, talk with our team and manage your subscription, credits and invoices. Larger (Enterprise) projects follow a separate quote, approval and payment process set out in each quote.

Your account

You must be at least 18 years old and able to enter into a binding contract. Give us accurate information and keep it up to date. You are responsible for keeping your password secure and for everything that happens under your account. Tell us right away at hello@ac95.ca if you think your account has been compromised.

Plans, credits and payments

• Prices are shown in US dollars (USD).
• Prices do not include taxes. Where required by law, we add applicable taxes (such as Canadian GST/HST/PST or U.S. sales tax) at checkout, and they are shown on your invoice.
• Payments are processed by Stripe.
• Each subscription plan includes a monthly credit allowance. The allowance renews at the start of each billing period, and any unused allowance does not roll over.
• Credits you buy in credit packs do not expire while your account is open.
• When you use a service, credits come out of your monthly allowance first and then out of your purchased credits.
• Credits have no cash value, cannot be transferred and can only be used for services on AC95.
• Promotion codes may be offered from time to time and are subject to their own conditions.
• We may change our prices or plans. A price change to your subscription applies from your first billing period after we notify you, and you may cancel before it takes effect.

Automatic renewal

Subscriptions renew automatically at the end of each billing period and are charged to your payment method on file at the price and billing frequency shown when you subscribed, until you cancel. By subscribing, you authorize us (through Stripe) to make these recurring charges.

• Reminders: for plans billed annually, we will email you a reminder before renewal, in time for you to cancel.
• Price changes: we will notify you before any change to your renewal price takes effect.
• Cancelling: you can cancel online at any time, as easily as you signed up, from the billing section of your dashboard (Stripe customer portal). You do not need to contact us or call anyone.

Cancellation

Cancelling stops renewal at the end of your current billing period. Until then you keep your plan and what remains of its monthly allowance. Credits you bought in credit packs stay in your account after you cancel.

Refunds

We only give refunds for billing errors, such as a duplicate charge or a charge for the wrong amount. If you think you were charged in error, email hello@ac95.ca and we will refund the amount charged in error.

We do not give refunds for credits, whether used or unused, or for subscription periods already paid, including when you cancel partway through a period.

Nothing in this section limits any right you have under consumer protection law that cannot be waived.

Projects and deliverables

We perform the services you request with reasonable skill and care. Delivery times are estimates unless we agree on dates in writing, for example in an Enterprise quote. You are responsible for giving us the information, content and feedback we need to do the work.

Once a project is delivered and paid for, you own the final deliverables we created specifically for you, such as final designs and code. AC95 keeps ownership of its pre-existing tools, templates and know-how and gives you the right to use them as part of your deliverables. Third-party components, such as fonts, stock images or open-source software, remain subject to their own licences.

Your content and AI features

You keep ownership of the content you give us, such as logos, text, images and files. You allow AC95 to use it only to provide the Service to you. You confirm that you have the right to share it and that it does not infringe anyone else's rights.

The dashboard includes AI features, such as an assistant and AI-generated documents. AI output can be inaccurate or incomplete, so review it before you rely on it.

Acceptable use

You agree not to:

• use the Service for anything unlawful, fraudulent or harmful;
• upload content that is illegal, infringing, abusive or that contains malware;
• try to access other people's accounts or data, get around security measures or rate limits, or disrupt or overload the Service;
• copy, scrape, reverse engineer or resell the Service without our written permission.

Intellectual property

The Service itself, including the website, the dashboard, its software and the AC95 name and logo, belongs to AC95. These Terms do not give you any right to it other than using the Service as described here.

Suspension and termination

You can stop using the Service at any time. You can delete your account once any subscription you hold has been cancelled (cancelling stops renewal at the end of your current billing period) and no subscription payment is overdue. We may suspend or close your account if you breach these Terms, do not pay what you owe or use the Service in a way that could harm AC95 or others. Where reasonable, we will give you notice first. Terms that by their nature should continue after your account closes, such as payment obligations, intellectual property and limitation of liability, continue to apply.

Disclaimer

The Service is provided "as is" and "as available". To the extent the law allows, we do not promise that it will always be available or free of errors.

Limitation of liability

To the extent the law allows, AC95 is not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability for any claim related to the Service is limited to the amount you paid AC95 in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law. Some jurisdictions do not allow certain limits, so parts of this section may not apply to you.

Changes to these Terms

We may update these Terms. We will post the new version on this page with a new effective date and, for significant changes, let you know by email or in the dashboard. If you keep using the Service after a change takes effect, you accept the updated Terms.

Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario have jurisdiction over any dispute. If you use the Service as a consumer and live outside Ontario, you keep the protection of the mandatory consumer protection laws of your place of residence, and nothing in these Terms takes those rights away, including any right to bring a claim in your local courts.

Language

If you live in Quebec, you may ask for a French version of these Terms and of our Privacy Policy at hello@ac95.ca. The parties have expressly required that these Terms be drawn up in English.

Contact us

AC95, Kitchener, Ontario, Canada. For any question about these Terms, email hello@ac95.ca.