Terms of Service

Welcome to Sum. A Development Company ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our websites located at www.wearesum.ca and foundations.wearesum.ca (collectively, the "Platform"), including our brand planning software, content development tools, and associated services (collectively, the "Services").

By accessing, registering for, or using our Platform or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

1. Account Eligibility & Registration

• Age Requirement: You must be at least eighteen (18) years of age to register for an account or use the Platform.
• Registration Information: You agree to provide accurate, current, and complete information during registration, including your full name, phone number, and a valid email address.
• Security & Credentials: Passwords must meet our minimum complexity requirement of at least fifteen (15) characters. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account.

2. Account Responsibilities & Termination

• Scope of Use: Use of the Platform is strictly limited to the intended purpose of brand planning and content development. Your account access and usage limits are bound by the specific license parameters or number of brand seats/units purchased.
• Termination Policy: We reserve the right to suspend, disable, or terminate your account or access to the Platform at our sole discretion, immediately and without prior notice, if we determine that you have violated these Terms, engaged in illegal activity, operated outside the intended purpose of the Platform, or exceeded the number of authorized brand profiles or licenses purchased.

3. User-Generated Content & Intellectual Property

• Ownership: Users retain full ownership rights over all raw data, content, and materials uploaded or created on the Platform ("User Content").
• Limited License Grant: By uploading User Content, you grant the Company a limited, non-exclusive, world-wide, royalty-free license to host, store, transmit, and display your User Content solely to the extent required to support your reasonable use and operation of the Platform.
• Data Confidentiality: We respect your privacy. User Content will not be shared with third parties outside of your organization or the specific account members you have explicitly authorized and added to your organization profile.
• Admin Review Rights: Platform administrators reserve the right to review User Content periodically to verify compliance with these Terms, ensure platform integrity, and monitor fair usage standards.
• Company IP: All proprietary software, code, logos, designs, layout, trademarks, and brand identifiers associated with WeAreSum, Sum. Foundations, and Sum. A Development Company are owned exclusively by the Company. Nothing in these Terms grants you any right, title, or interest in or to our intellectual property except for the limited usage rights expressly set forth herein.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the Platform:

• Scraping, crawling, data extraction, or automated harvesting of any data or content from the Platform.
• Decompiling, reverse engineering, disassembling, or attempting to discover the source code or underlying structure of the Platform software.
• Uploading, transmitting, or distributing offensive, defamatory, abusive, illegal, or infringing content.
• Sending unsolicited mass messaging, commercial promotional material, or spam.
• Attempting to bypass security mechanisms, access unauthorized user accounts, or utilize the Platform beyond your purchased brand allowance.

5. Pricing, Subscriptions & Cancellations

• Pricing Models: We offer various purchasing tiers, including One-Time Purchases, Multi-Use Purchases, and recurring Content Development Subscriptions. Applicable fees are presented at checkout.
• Payment Processing: All payment transactions are processed securely via our third-party merchant of record, Paddle. By submitting payment, you agree to comply with Paddle's terms and conditions.
• Cancellation Policy: Subscriptions do not auto-renew indefinitely without notice. However, to cancel a recurring plan or subscription service, you must submit a cancellation request at least fourteen (14) days prior to the beginning of the next calendar month. Failure to cancel at least 14 days prior will result in billing for the subsequent month.
• Refund Policy: All purchases and subscription charges are strictly non-refundable. In the event of extenuating circumstances, you may request an account review by contacting support at hello@wearesum.ca. Account reviews are granted at the sole discretion of the Company.

6. Service Disclaimers & Limitation of Liability

• Service Disclaimer: THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR UNINTERRUPTED OPERATION.
• Limitation of Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SUM. A DEVELOPMENT COMPANY ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR SERVICES SHALL BE STRICTLY LIMITED TO THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
• Indemnification: You agree to defend, indemnify, and hold harmless Sum. A Development Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your misuse of the Platform or breach of these Terms.

7. Dispute Resolution & Governing Law

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
• Informal Negotiation First: Before filing any formal claim or legal action, you agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms informally by contacting us at hello@wearesum.ca.
• Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AGREE TO WAIVE ANY RIGHT TO INITIATE, JOIN, OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY.

8. Contact Information

If you have any questions, concerns, or legal notices regarding these Terms, please contact us at:

Sum. A Development Company
8 Wycliffe St., Ottawa, ON, K2G5L6
Email: hello@wearesum.ca