Terms of Service

Effective Date: April 15, 2026

1. Introduction

Welcome to ViewPoint Marketing Inc. ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our website located at https://viewpointmarketing.ca and any services, products, or software provided by ViewPoint Marketing Inc.

By accessing or using our services, you agree to be bound by these Terms.

2. Services Provided

ViewPoint Marketing Inc. provides branding, graphic design, marketing services, and access to software-as-a-service (SaaS) tools, including CRM systems, marketing automation platforms, messaging systems, and AI-powered features.

Services may be delivered as:

- One-time projects

- Ongoing service agreements

- Subscription-based software access

We reserve the right to modify, suspend, or discontinue services at any time.

3. Eligibility

You must be at least 18 years old to use our services.

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4. User Responsibilities

You agree to:

- Provide accurate information

- Comply with all applicable laws, including CASL (Canadian Anti-Spam Legislation)

- Obtain proper consent before sending email or SMS communications

- Use services lawfully and ethically

You are solely responsible for:

- All communications sent through the platform

- All data collected, stored, or used

- Ensuring compliance with marketing and privacy laws

5. Accounts and Access

You are responsible for:

- Maintaining account security

- All activity under your account

- Proper use of communication tools

We are not liable for unauthorized access due to your failure to secure credentials.

6. Payments and Subscriptions

- Fees are communicated at purchase

- SaaS subscriptions renew automatically unless cancelled

- All SaaS fees are non-refundable

- Failure to pay may result in suspension or termination

For service-based work:

- Refunds or adjustments are at our sole discretion

7. Intellectual Property

All systems, software configurations, branding, and materials remain the property of ViewPoint Marketing Inc. unless otherwise agreed in writing.

Client deliverables may include limited usage rights unless ownership is explicitly transferred.

8. Use of SaaS, Automation and Messaging Tools

You acknowledge that:

- You are solely responsible for all communications sent

- You must obtain consent before messaging contacts

- You assume all liability for campaigns, automation, and messaging

- You are responsible for compliance with CASL and other laws

ViewPoint Marketing Inc. provides tools and advisory services only and is not responsible for how these tools are used, except where explicitly agreed in a separate written service agreement in which ViewPoint Marketing Inc. manages or executes campaigns on your behalf.

9. AI Features Disclaimer

Our platform may include AI-powered tools.

You acknowledge that:

- AI outputs may be inaccurate or incomplete

- You are responsible for reviewing and approving all AI-generated content

- We are not liable for outcomes resulting from AI-generated materials

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10. Third-Party Services

Our services rely on third-party providers including, but not limited to:

- LeadConnector (CRM and automation infrastructure)

- AWS (cloud infrastructure)

- Twilio (SMS services)

- Stripe (payments)

We do not control and are not responsible for:

- Service interruptions

- Data handling practices

- System failures

Use of third-party services is at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, ViewPoint Marketing Inc. shall not be liable for any indirect, incidental, or consequential damages, including:

- Loss of revenue or profits

- Loss of data

- Business interruption

- Messaging or automation outcomes

Your sole remedy is to discontinue use of the services.

12. Disclaimer of Warranties

All services are provided “as is” and “as available” without warranties of any kind, express or implied.

We do not guarantee:

- Results from marketing efforts

- Platform uptime

- Accuracy of AI outputs

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13. Indemnification

You agree to indemnify and hold harmless ViewPoint Marketing Inc. from any claims, damages, or liabilities arising from:

- Your use of the services

- Your communications (email, SMS, automation)

- Your violation of laws or these Terms

14. Termination

We may suspend or terminate access at our discretion.

You may discontinue use at any time.

15. Governing Law

These Terms are governed by the laws of British Columbia, Canada.

Any disputes shall be resolved in the courts of Kelowna, British Columbia.

16. Changes to Terms