1. Agreement to Terms

By accessing and using the PowerUp Sites website located at powerupsites.com (the "Website"), you accept and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

PowerUp Sites ("we," "us," or "our") reserves the right to modify these Terms at any time. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

2. Services

PowerUp Sites provides custom website development, web design, search engine optimization (SEO), branding services, and related digital services (collectively, the "Services"). Our Services are offered on a subscription basis starting at $50 CAD per month, with no upfront costs.

Services include but are not limited to:

• Custom website design and development
• Website hosting and maintenance
• Search engine optimization (SEO)
• Branding and graphic design services
• Landing page creation
• Ongoing website updates and support

3. User Obligations

You agree to:

• Provide accurate, current, and complete information when using our Services
• Maintain the security of any account credentials or access information
• Use the Website and Services only for lawful purposes
• Not interfere with or disrupt the Website or Services
• Not attempt to gain unauthorized access to any portion of the Website
• Not use the Website to transmit any harmful code, viruses, or malicious software

4. Payment Terms

Our Services are provided on a monthly subscription basis. By subscribing to our Services, you agree to pay the monthly fee as specified in your service agreement. Payments are due monthly in advance.

All fees are in Canadian Dollars (CAD) unless otherwise specified. We reserve the right to change our pricing with 30 days' notice to existing customers.

If payment is not received by the due date, we reserve the right to suspend or terminate your Services until payment is received.

5. Cancellation and Refunds

You may cancel your subscription at any time by providing written notice to hello@powerupsites.com. Cancellation will take effect at the end of your current billing period.

Refunds are provided at our sole discretion. Generally, no refunds are provided for partial months of service. If you cancel mid-month, you will continue to have access to Services until the end of that billing period.

6. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of PowerUp Sites or its content suppliers and is protected by Canadian and international copyright laws.

With respect to websites and materials created for you through our Services:

• Upon full payment, you will own the custom website and content created specifically for you
• We retain the right to use your completed website as part of our portfolio and marketing materials
• Any pre-existing templates, frameworks, or third-party components remain subject to their respective licenses

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERUP SITES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES.

Our total liability for any claims arising from or related to the Services shall not exceed the total amount paid by you to PowerUp Sites in the twelve (12) months preceding the claim.

8. Warranties and Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Website or Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

9. Third-Party Services

Our Services may integrate with or use third-party services, including but not limited to:

• Email service providers (Resend)
• Calendar and booking services (Calendly)
• Analytics services (Google Analytics)
• Hosting providers
• Payment processors

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of third-party service providers.

10. Indemnification

You agree to indemnify, defend, and hold harmless PowerUp Sites, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Website or Services, your violation of these Terms, or your violation of any rights of another party.

11. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario), or through the courts of Ontario, at our sole discretion.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with any service agreements or contracts entered into between you and PowerUp Sites, constitute the entire agreement between you and PowerUp Sites regarding the use of the Website and Services.

14. Contact Information

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

PowerUp Sites
Email: hello@powerupsites.com
Website: powerupsites.com