Terms of service

Please read these terms and conditions carefully before using Our Service.

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of services provided by Mazaya Digital, a trade name of Mazaya International Inc., a corporation registered in Canada with offices in the Province of Ontario (referred to as “Mazaya Digital”, “the Company”, “we”, “our”, or “us”).

By accessing or using our websites, software, or any related digital services (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree, you may not use the Service.

You represent that you are at least 18 years old and have the legal authority to enter into these Terms.

2. Services Overview

Mazaya Digital provides digital marketing, automation, artificial intelligence, cloud software integration, analytics, and related technology services (collectively, the “Service”).

The Service may include, without limitation:

• Provisioning, configuration, and management of software or cloud-based platforms;
• Integration with third-party services and tools;
• Data analytics, reporting, and business intelligence;
• Social media advertising, campaign management, and lead generation;
• Resale or management of software, cloud, or communication services;
• Onboarding, technical support, and advisory services related to the above.

Mazaya Digital may add or modify services over time. These Terms apply to all current and future offerings.

3. Client Responsibilities

You agree to:

• Use the Service solely for lawful business purposes.
• Provide accurate account and billing information and maintain the security of login credentials for any integrated platforms or services.
• Comply with all applicable laws, including data privacy and anti-spam legislation.
• Not use the Service to engage in unlawful, fraudulent, or harmful activities.

You are fully responsible for all actions taken under your account.

4. Payment Terms

Access to the Service may require a subscription, setup fee, or other charges.

• All pricing is in Canadian Dollars (CAD) unless otherwise stated.
• Subscriptions renew automatically unless cancelled before the next billing period.
• Fees are non-refundable, except where required by law, or upon prior agreement.
• We may suspend or terminate access for non-payment or disputed charges.
• Pricing and features may change with reasonable notice.

5. Ownership, Licences and Access

Your assets remain yours. You retain ownership of your business data and Client Assets, including your contacts, customer records, communications, content, domains, business accounts, your website and its code, and any other deliverable that we identify as client-owned. Ending your use of the Service does not transfer ownership of those assets to us.

Mazaya Materials remain ours. Mazaya Digital retains all rights in its pre-existing and reusable frameworks, methods, playbooks, templates, workflow designs, snapshots, libraries, documentation, know-how, internal tools and other materials developed or used in providing the Service, including the MOSAIC Six and materials derived from it (“Mazaya Materials”). We may use, adapt and reuse Mazaya Materials in our work for other clients.

Configurations may be licensed rather than transferred. Where Mazaya Materials are configured inside your CRM, website, automation platform or other account, you are granted a limited, non-exclusive licence to use those configurations for the duration of the applicable Service or subscription. Unless your agreement expressly states otherwise, that licence ends when the applicable Service or subscription ends. Your agreement may provide for particular configurations to remain in your account after the Service ends, on the terms it states.

What happens when the Service ends. If an account is transferred to you or to another provider, we will not withhold or delete your business data or Client Assets because the engagement has ended. Before handover or transfer, we may disable or remove Mazaya Materials that were provided under the service licence, including reusable workflows, automations, templates or other configurations, in a way that preserves your customer records, communications, content and other Client Assets, and we will tell you what was removed. Components hosted on Mazaya Digital infrastructure, maintained in our template or snapshot libraries, or dependent on licences, phone numbers, registrations or services held in our name do not transfer unless expressly agreed in writing.

Client-owned custom work. A proposal, statement of work or other written agreement may identify a particular workflow, automation, integration, configuration or other item as a client-owned deliverable. Where it does, that written agreement governs and the item is treated as a Client Asset rather than a Mazaya Material.

Third-party products. Software, fonts, images, integrations, platforms and other third-party materials remain subject to their respective owners’ licences and terms. We cannot transfer rights that we do not own.

Order of precedence. If a signed proposal, statement of work or other written agreement between you and Mazaya Digital expressly provides different ownership or licence terms for a particular deliverable, that agreement controls for that deliverable.

Access and data handling.

• By using the Service, you grant Mazaya Digital limited access to your accounts for the purposes of provisioning, maintenance, support, and billing.
• Upon account cancellation, you may request a copy of your data within 14 days. Data is retained for up to 90 days after cancellation and then permanently deleted, as set out in the Privacy Policy.
• Some data may be processed or stored by third-party technology providers outside of Canada.

6. Privacy and Data Protection

Mazaya Digital complies with the Personal Information Protection and Electronic Documents Act (PIPEDA), CASL, and other applicable Canadian privacy laws.

Our Privacy Policy explains how we collect, use, and safeguard your personal information. By using the Service, you consent to our data handling practices described therein.

6.1 Client Data & Data Processing Agreement (DPA)

Certain services offered by Mazaya Digital, including marketing automation, CRM workflows, patient reactivation campaigns, and any engagement where the Client provides personal information, require a Data Processing Agreement (“DPA”). When applicable, the DPA forms part of the binding agreement between Mazaya Digital and the Client.

When processing personal information on behalf of the Client, Mazaya Digital acts as a Data Processor, and the Client remains the Data Controller, responsible for ensuring that all personal information provided to Mazaya Digital has been collected and shared in compliance with PIPEDA, CASL, and any applicable provincial privacy legislation (such as PHIPA in Ontario).

Mazaya Digital does not verify the legality of the Client’s contact lists or consent practices. The Client is solely responsible for ensuring compliance with all relevant privacy and anti-spam regulations.

7. Third-Party Integrations

Mazaya Digital may use third-party platforms, software, or cloud-based services to deliver the Service.

We are not responsible for:

• Service outages, downtime, errors, or data loss caused by third-party providers;
• Feature changes, limitations, or discontinuation of third-party services;
• Integration errors outside of Mazaya Digital’s control.

Your use of third-party platforms is at your own risk and subject to those providers’ terms.

8. Support and Maintenance

Mazaya Digital provides support via email and phone during standard business hours (Eastern Time). Support may include onboarding, configuration, troubleshooting, and advisory assistance related to the Service.

Mazaya Digital is not responsible for bugs, limitations, or downtime of third-party systems.

9. Termination

We may suspend or terminate your account immediately, without prior notice, if:

• You breach these Terms;
• Payment is overdue; or
• Your use of the Service threatens security or violates applicable law.

Upon termination, your access to the Service ends immediately. You may request data export within 14 days following termination.

10. Limitation of Liability

To the maximum extent permitted by law:

• Mazaya Digital and its affiliates shall not be liable for indirect, incidental, consequential, or special damages (including loss of data, revenue, or business opportunities).
• Our total liability in any matter arising from or related to your use of the Service shall not exceed the greater of (a) the fees paid by you in the past three months, or (b) CAD $100.

Use of Aggregated Data

Mazaya Digital may use anonymized or aggregated data derived from the provision of the Service for purposes such as analytics, benchmarking, performance reporting, and general marketing insights. Such data will never include personally identifiable information, Client branding, or any information that could reasonably identify the Client or its customers or patients.

10.1 Priority of Agreements

If Mazaya Digital and the Client have entered into a separate written agreement, such as a service agreement, order form, proposal, or Data Processing Agreement (DPA), the terms of that agreement shall control in the event of any conflict with these Terms.

11. “As-Is” Disclaimer

The Service is provided “as is” and “as available.”

Mazaya Digital makes no warranties or guarantees, express or implied, regarding the reliability, uptime, or suitability of the Service for your specific business purposes.

12. Governing Law

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.

Any disputes shall be brought exclusively before the courts located in Toronto, Ontario.

13. Changes to Terms

Mazaya Digital reserves the right to update or modify these Terms at any time.

Your continued use of the Service after such notice constitutes acceptance of the revised Terms.

14. SMS Messaging Program

These terms apply to the Mazaya Digital SMS messaging program.

By providing your phone number and opting in, you consent to receive messages from Mazaya Digital, a trade name of Mazaya International Inc., related to our services, updates, and promotions. You may receive approximately two messages per month, with additional messages depending on your engagement with our services. Message and data rates may apply.

To unsubscribe at any time, reply STOP to any message we send. You will receive a confirmation that you have been unsubscribed. To rejoin, simply sign up again, and we will resume sending messages.

For assistance with the messaging program, contact us at hello@mazayadigital.com. For privacy inquiries, please refer to our Privacy Policy.