Terms of Use

Effective date: July 14, 2026

These Terms of Use (“Terms”) govern your access to and use of fractalmarketing.ca and any webpage operated by Fractal Studios Ltd., doing business as Fractal Marketing, that links to these Terms (collectively, the “Site”).

In these Terms, “Fractal Marketing,” “we,” “us” and “our” refer to Fractal Studios Ltd. “You” and “your” refer to each person who accesses or uses the Site.

By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Site.

1. About the Site

The Site provides general information about Fractal Marketing, our digital marketing services, our experience, our work and topics related to websites, Google Ads, search engine optimization, local search, AI search and digital marketing.

The Site may also allow you to:

Request a consultation
Submit a project or service inquiry
Subscribe to marketing communications
Access articles, guides or other resources
Contact members of our team

The Site does not create a client, advisor, fiduciary, partnership or other professional relationship between you and Fractal Marketing.

2. Client Services and Separate Agreements

These Terms govern use of the public Site only.

Any services provided by Fractal Marketing, including website design, website development, hosting, maintenance, Google Ads management, search engine optimization, consulting, content development or related work, are governed by a separate proposal, statement of work, service agreement or other written contract.

If there is a conflict between these Terms and a written client agreement signed by Fractal Marketing, the signed client agreement will govern the services covered by that agreement.

Submitting a form, requesting a consultation or communicating with us does not require us to accept an engagement or provide services.

3. No Professional or Guaranteed Advice

Content on the Site is provided for general informational and marketing purposes.

Although we aim to provide useful and accurate information, website content should not be treated as legal, financial, accounting, tax or other regulated professional advice.

Digital marketing results depend on many factors outside our control, including:

Your industry and location
Market demand and competition
Advertising budgets
Website quality
Pricing and service offerings
Search engine and advertising platform changes
Consumer behaviour
Third-party policies and technology
The accuracy of information supplied to us

Examples, testimonials, portfolio items, rankings, metrics, traffic increases, lead results and case studies do not guarantee that another business will receive the same or similar results.

We do not guarantee any particular ranking, level of traffic, advertising performance, number of leads, revenue outcome or business result from using information on the Site or engaging our services unless a separate signed agreement expressly states otherwise.

4. Permitted Use

You may access and use the Site for lawful personal or business purposes and to learn about Fractal Marketing and our services.

You agree not to:

Use the Site for unlawful, fraudulent or abusive purposes
Attempt to gain unauthorized access to the Site, servers, forms, databases or connected systems
Introduce malware, malicious code or harmful technology
Interfere with the security, availability or operation of the Site
Bypass rate limits, security controls, access restrictions or anti-spam measures
Use automated tools to scrape, crawl, extract or reproduce Site content without our written permission
Copy or republish substantial portions of the Site
Impersonate another person or misrepresent your identity or authority
Submit false, misleading, defamatory, infringing or unlawful information
Use our forms to send spam, solicitations or harmful content
Attempt to reverse engineer any non-public component of the Site
Use Site content to train, develop or improve an artificial intelligence or machine-learning system without our written permission
Use the Site in a manner that violates the rights of Fractal Marketing or any third party

We may restrict, suspend or block access to the Site when we reasonably believe these Terms have been violated or when necessary to protect the Site or others.

5. Intellectual Property

Unless otherwise stated, the Site and its original content are owned by Fractal Studios Ltd. or used with permission.

Protected content may include:

Text and written copy
Page layouts and website design
Graphics and illustrations
Photographs and videos
Logos and brand elements
Case studies and portfolio presentations
Downloadable resources
Code and technical components
Processes, frameworks and original concepts

This content is protected by copyright, trademark and other intellectual property laws.

You may view the Site and print or save a reasonable number of pages for your own internal, non-commercial reference. You may not reproduce, modify, publish, distribute, sell, license, publicly display or commercially exploit Site content without our prior written permission.

Nothing in these Terms grants you ownership of or a licence to use the Fractal Marketing name, logo, trademarks or branding.

6. Client and Third-Party Materials

The Site may display names, trademarks, logos, screenshots, testimonials, project examples or other materials belonging to clients, technology providers and other third parties.

These materials remain the property of their respective owners. Their inclusion does not grant you permission to use them.

References to third-party companies, platforms or products do not necessarily imply sponsorship, partnership or endorsement unless expressly stated.

7. User Submissions

When you submit information through the Site, you represent that:

The information is accurate to the best of your knowledge
You are authorized to provide it
Providing it does not violate another person’s rights
It does not contain malware, harmful code or unlawful content

You retain ownership of materials you submit.

You grant us permission to use, reproduce, store and share your submission as reasonably necessary to:

Respond to your inquiry
Evaluate your project or request
Provide requested services
Operate our business systems
Maintain records
Protect against fraud and abuse
Comply with legal obligations

Submitting information through the Site does not make that information confidential unless we have separately agreed in writing to treat it as confidential.

Do not submit trade secrets, health information, financial account information, passwords or other highly sensitive information through a general contact form.

8. Testimonials and Portfolio Content

Testimonials and portfolio content represent individual client experiences or examples of work performed under particular circumstances.

Testimonials may be edited for clarity, spelling, length or formatting without changing their intended meaning.

Results described in case studies are based on the information available to us at the time of publication. They may reflect selected time periods, attribution methods or reporting platforms and may not be directly comparable to results achieved by another organization.

We may update or remove portfolio materials at any time.

9. Third-Party Platforms and Links

The Site may contain links to or integrations with third-party websites, applications and services.

We do not control and are not responsible for:

Third-party content
Availability or performance
Terms and policies
Security or privacy practices
Products or services offered
Statements or representations made by third parties

Your use of a third-party platform is governed by its own terms and policies.

We are not responsible for losses resulting from your use of or reliance on a third-party website or service.

10. Availability and Changes

We may modify, update, suspend or discontinue any part of the Site at any time without notice.

We do not guarantee that:

The Site will always be available
Access will be uninterrupted
Every feature will function without error
Content will always be current or complete
Defects will be corrected immediately
The Site will be free from viruses or other harmful components

We may perform maintenance, introduce new features, remove content or restrict access when reasonably necessary.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and all content made available through it are provided on an “as is” and “as available” basis.

Fractal Marketing disclaims all representations, warranties and conditions, whether express, implied, statutory or collateral, including warranties or conditions of:

Accuracy
Completeness
Currency
Reliability
Availability
Merchantability
Fitness for a particular purpose
Title
Non-infringement
Security

Your use of the Site and reliance on its content are at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of this section may not apply to you.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Fractal Marketing and its directors, officers, employees, contractors, agents, affiliates and service providers will not be liable for any:

Indirect damages
Incidental damages
Special damages
Consequential damages
Exemplary or punitive damages
Loss of profits, revenue or business opportunities
Loss of data
Loss of goodwill
Business interruption
Costs of replacement services

This limitation applies to losses arising from or connected with:

Your access to or use of the Site
Your inability to access or use the Site
Your reliance on Site content
Third-party links or services
Unauthorized access to or alteration of information
Errors, interruptions, defects, delays or harmful components

Where liability cannot be fully excluded, our total aggregate liability arising from your use of the public Site will be limited to the greater of:

The amount you paid specifically to access the Site during the six months before the event giving rise to the claim; or
Fifty Canadian dollars.

This limitation does not apply to liability that cannot legally be limited or excluded.

Liability relating to paid client services is governed by the applicable written client agreement rather than these Terms.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Fractal Marketing and its directors, officers, employees, contractors, agents and affiliates from claims, losses, liabilities, damages, judgments, costs and reasonable legal fees arising from:

Your unlawful or unauthorized use of the Site
Your violation of these Terms
Information or materials you submit
Your infringement of another person’s rights
Your fraud, wilful misconduct or negligence

This section does not require you to indemnify us for conduct for which indemnification is prohibited by law.

14. Privacy

Our collection, use and disclosure of personal information through the Site are described in our Privacy Policy.

By using the Site, you acknowledge that information transmitted through the Internet may be processed by third-party service providers and may not be completely secure.

15. Governing Law and Jurisdiction

These Terms and your use of the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Subject to any rights you may have under applicable consumer protection legislation, the courts located in Toronto, Ontario will have exclusive jurisdiction over disputes relating to these Terms or the Site.

16. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

17. Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

A waiver is effective only when made in writing by an authorized representative of Fractal Marketing.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms as part of a corporate reorganization, financing, merger, acquisition, sale of assets or transfer of the Site or our business.

19. Entire Agreement

These Terms and our Privacy Policy form the entire agreement between you and Fractal Marketing concerning your use of the public Site.

They replace any previous website terms concerning the same subject matter.

Separate written agreements continue to govern any client services.

20. Changes to These Terms

We may update these Terms to reflect changes to the Site, our practices or applicable laws.

When changes are made, we will revise the effective date at the top of this page. Material changes may also be communicated through the Site or by another appropriate method.

Your continued use of the Site after updated Terms are posted constitutes acceptance of the updated Terms.

21. Contact Us

Fractal Studios Ltd.
Doing business as Fractal Marketing
Toronto, Ontario, Canada

Email: [email protected]