Terms & Conditions

Effective Date: June 26, 2025  |  Last Updated: June 26, 2025

1. Agreement to Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://widgetpixels.ca and all services offered by Widget Pixels Inc. (“Widget Pixels,” “Company,” “we,” “us,” or “our”), an Ontario corporation (OCN 1001651150).

If you do not agree to these Terms, you must not use our website or purchase our services. Where a signed written agreement conflicts with these Terms, the signed agreement prevails to the extent of the conflict.

2. Services

Widget Pixels provides professional IT solutions and software engineering services, including but not limited to: AI solutions and integrations, web and mobile application development, custom software development, blockchain solutions, game development, digital transformation consulting, AR/VR development, maintenance, support, and related deliverables (collectively, “Services”).

Service scope, timelines, fees, and deliverables are defined in quotations, proposals, statements of work, invoices, or other written confirmations (“Service Order”). Services are professional and custom in nature; outcomes depend on client cooperation, timely inputs, third-party platforms, and factors outside our control.

3. Eligibility & Client Obligations

You represent that you have the legal capacity and authority to enter into binding contracts. If you act on behalf of a business, you represent that you are authorized to bind that entity.

You agree to provide accurate information, timely feedback, approvals, access, content, and materials reasonably required for performance. Delays caused by your failure to cooperate may extend timelines and may result in additional fees.

4. Quotes, Payment & Invoicing

• All prices are in Canadian dollars (CAD) unless otherwise stated.
• Applicable taxes (including HST/GST/PST/QST as required) are additional unless expressly included.
• Payment terms are due upon invoice unless otherwise agreed in writing.
• We may require deposits, milestone payments, or full payment in advance before commencing work.
• Late payments may accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by Ontario law, whichever is lower.
• We may suspend or terminate Services for non-payment without refund of amounts already paid.

5. NO REFUND POLICY — ALL SALES FINAL

Due to the custom, professional, and labour-intensive nature of our Services — including allocation of personnel, scheduling, research, architecture, development, consulting time, software licensing, and third-party costs — no refunds, credits, or chargebacks will be issued under any circumstances, including but not limited to:

• Deposits, retainers, milestone payments, or full project fees;
• Any service purchased through our website, invoice, proposal, contract, or verbal/written agreement;
• AI solutions, software development, design, consulting, maintenance, support, or any other Service offering;
• Dissatisfaction with deliverables, timelines, or subjective expectations where work was performed in good faith per the Service Order;
• Project pause, delay, or cancellation initiated by you after work has commenced or resources have been reserved;
• Unused hours, unused retainers, or partial completion of a project;
• Change of mind, change in business direction, or failure to deploy deliverables;
• Third-party platform changes, API deprecations, hosting issues, or force majeure events;
• Duplicate payments — except that duplicate charges proven to be processing errors may be corrected at our sole discretion (not as a “refund” of services rendered).

By submitting payment or signing any Service Order, you expressly waive any right to dispute charges on the basis of refund entitlement except where prohibited by non-waivable applicable law. Where consumer protection legislation applies, your statutory rights are preserved only to the minimum extent required by law; otherwise, this no-refund policy governs in full.

Cancellations: If you cancel a project or Service after acceptance, all amounts paid remain non-refundable. You remain responsible for all fees for work performed, committed resources, and non-recoverable third-party costs incurred through the cancellation date, as invoiced by Widget Pixels.

6. Intellectual Property

Unless otherwise agreed in writing in a Service Order:

• Widget Pixels retains ownership of all pre-existing materials, tools, frameworks, libraries, methodologies, and know-how;
• Upon full payment of all undisputed fees, client receives the license or ownership rights to final deliverables as specified in the Service Order;
• You grant us a license to use your trademarks, content, and materials solely to perform the Services;
• We may display non-confidential work in our portfolio unless you object in writing before public release.

7. Confidentiality

Each party agrees to protect the other’s confidential information using reasonable care and to use it only for purposes of the engagement. This obligation survives termination. Confidentiality does not apply to information that is public, independently developed, or lawfully obtained from third parties.

8. Warranties & Disclaimer

Services are provided on an “as is” and “as available” basis to the fullest extent permitted by applicable law. Except as expressly stated in a signed Service Order, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant uninterrupted, error-free, or secure operation of software, websites, AI outputs, or third-party integrations. You are responsible for backups, compliance, and production use decisions.

9. Limitation of Liability

To the maximum extent permitted by the laws of Ontario and Canada, Widget Pixels shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or procurement of substitute services, even if advised of the possibility.

Our total aggregate liability arising out of or relating to any Service or these Terms shall not exceed the total fees paid by you to Widget Pixels for the specific Service giving rise to the claim during the twelve (12) months preceding the event, or one hundred Canadian dollars (CAD $100), whichever is greater, except where liability cannot be limited by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Widget Pixels, its directors, officers, employees, and contractors from claims, damages, losses, and expenses (including reasonable legal fees) arising from your content, misuse of deliverables, violation of these Terms, or violation of third-party rights.

11. Suspension & Termination

We may suspend or terminate Services for breach, non-payment, unlawful use, or abusive conduct. Termination does not relieve your payment obligations for work performed or committed costs. Sections intended to survive (including Sections 5, 6, 8, 9, 10, 12, and 13) shall survive termination.

12. Governing Law & Dispute Resolution

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

The parties attorn to the exclusive jurisdiction of the courts located in Toronto, Ontario, for disputes arising from these Terms or Services, except where mandatory arbitration or other forum is agreed in a Service Order.

Before commencing formal proceedings, the parties agree to attempt good-faith resolution by written notice to info@widgetpixels.ca with a thirty (30) day cure period where practicable.

13. General Provisions

• Force Majeure: We are not liable for delays or failures due to events beyond reasonable control (including acts of God, labour disputes, internet failures, war, pandemic, or government action).
• Assignment: You may not assign these Terms without our written consent. We may assign to an affiliate or successor.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• Entire Agreement: These Terms, together with applicable Service Orders and our Privacy Policy, constitute the entire agreement regarding website use and Services unless superseded by a signed master agreement.
• Amendments: We may update these Terms by posting a revised version on this page. Continued use or new purchases after the effective date constitute acceptance.

14. Contact

Widget Pixels Inc.
Ontario Corporation No. 1001651150
145 Church Street, Unit 5, Toronto, ON M5B 1Y4, Canada
Email: info@widgetpixels.ca
Website: https://widgetpixels.ca

For legal or billing inquiries, use the subject line: Terms & Conditions Inquiry.