Terms & Conditions

These terms are in two parts. Part A covers your use of this website and communications with us. Part B covers the website design, hosting and care plan services we sell to businesses. Any other project or service is governed by its own written agreement.

Part A: Website terms

1. Introduction and acceptance

These Terms & Conditions ("Terms") govern your use of the website at https://datafunction.ca (the "Website") and your communications with us, including text messages. By using the Website or contacting us through it, you agree to these Terms. If you do not agree, please do not use the Website.

2. About Data Function Inc.

The Website is operated by Data Function Inc. ("Data Function", "we", "our" or "us"), a federally incorporated Canadian company based in Toronto, Ontario. Office: Legal Innovation Zone / Centre for Urban Innovation, 44 Gerrard St E, Toronto, ON M5B 1G3. Mailing address: 105 Bond Street, CUI-317, Toronto Metropolitan University, Toronto, ON M5B 1Y3. Email: info@datafunction.ca. Phone: +1 416-319-3884.

3. Our services

Data Function designs, builds and supports custom websites, web applications, custom software, AI and machine learning solutions, and data analytics, and offers software products such as NeuraCap and Case Polaris. Descriptions of our services and products on the Website are general information. They are not an offer that you can accept to form a contract, and we may change them at any time.

4. Consultations and estimates

We may offer consultations to understand your needs. Any estimate, quote, timeline or recommendation we give during a consultation or through the Website is a good-faith estimate based on the information available at the time. It is not binding unless it is included in a written agreement signed or accepted by both you and Data Function.

5. Your responsibilities

• give us accurate and complete information, and keep your contact details up to date;
• have the rights and permissions needed for any content, data, trademarks or materials you give us;
• provide timely feedback, approvals and access that we reasonably need; and
• not misuse the Website, for example by trying to gain unauthorized access, interfering with its operation, sending spam or malicious code through our forms, or using it for any unlawful purpose.

6. Project scope and separate agreements

The scope, deliverables, timelines, responsibilities and other terms of any project or service are set out in a separate proposal, statement of work, service agreement or similar written agreement between you and Data Function (a "Customer Agreement"), or, for the packaged website services, Part B below. If anything in Part A conflicts with a Customer Agreement or Part B, the Customer Agreement or Part B governs for that service.

7. Pricing, payment and refunds

Prices, payment schedules, taxes, deposits, cancellation and refund terms for our services are set out in the applicable Customer Agreement, quote or invoice, or in Part B and our Refund and Cancellation Policy for packaged website services.

8. Intellectual property

The Website and its content, including text, graphics, logos, software and design, are owned by or licensed to Data Function and are protected by intellectual property laws. You may view and print Website content for your own personal or internal business use. You may not copy, modify, distribute or create works based on it without our written permission. Ownership of and rights to work we create for a client project are set out in the applicable Customer Agreement or Part B.

9. Third-party services and links

The Website and our services may use or link to third-party services, such as Google, Twilio, Stripe and others. We are not responsible for third-party websites or services, their content or their privacy practices. Your use of them is subject to their own terms.

10. Website availability and disclaimers

We work to keep the Website available and accurate, but we do not guarantee that it will always be available, uninterrupted, error-free or free of harmful components, or that its content is complete or current. To the extent permitted by law, the Website and its content are provided "as is" and "as available", without warranties of any kind. Information on the Website is general information and is not professional, legal, financial or investment advice.

11. Limitation of liability

To the extent permitted by applicable law, Data Function and its directors, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunities, arising from or related to your use of, or inability to use, the Website. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. Liability for our services is governed by the applicable Customer Agreement or Part B.

12. SMS communications and consent

Data Function Inc. operates a text message program called Data Function Consultation Messages. If you agree, we send text messages about consultations and appointments you have requested, including booking links, booking confirmations, appointment reminders, rescheduling or cancellation notices, and replies to your questions about your consultation. Full details are in our SMS Opt-In & Messaging Policy.

• How you agree: by saying yes when a representative asks during a phone call, or by ticking an optional SMS checkbox where we offer one. The checkbox is never pre-ticked.
• Consent is optional: agreeing to text messages is not a condition of buying any product or service.
• Message frequency: message frequency varies, typically one to four messages per appointment.
• Costs: message and data rates may apply.
• Promotional messages: consent to consultation and appointment messages is not consent to promotional messages. We will ask separately before sending any promotional text messages.
• Carriers: wireless carriers are not liable for delayed or undelivered messages.
• Privacy: we do not sell or share your mobile number or SMS opt-in information with third parties for their marketing purposes. See our Privacy Policy.

13. STOP and HELP

You can cancel text messages at any time by replying STOP to any message. After you reply STOP, we will send you one message to confirm that you have been unsubscribed, and we will not send further messages unless you agree again. To get help, reply HELP to any message, email info@datafunction.ca or call +1 416-319-3884.

14. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. You agree that the courts located in Toronto, Ontario have jurisdiction over any dispute about these Terms or the Website, except where the law gives you the right to bring a claim elsewhere.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. The updated Terms apply from the time they are posted. If you continue to use the Website after that, you accept the updated Terms.

Part B: Website design services

1. What these terms cover

Part B applies to the Starter, Standard and Plus website packages, hosting and care plans described on our websites page, sold to businesses ("you").

2. Previews

A preview is a free sample website we build from information your business has made public, such as your name, address, phone number, services and public reviews. A preview is not a contract and creates no obligation. It stays online for 14 days. We take it down on request, on the same business day. Previews are not listed in search engines.

3. Packages and prices

Prices are in Canadian dollars and exclude HST. We confirm your package and price in writing, by email or text, before you pay.

4. Payment

You pay 50% to start and 50% when your website goes live. If you pay in full to start, you save $50. We accept credit card and Interac e-Transfer. Card payments are processed by Stripe. We begin work on your changes after the first payment. If the second payment is not received within 14 days of going live, we may suspend your website until it is paid.

5. Delivery

We aim to put your website live within a few business days of receiving your first payment and access to your domain. If you need us to register a domain, we do it in your name at cost. Delays in sending us content or domain access extend the timeline by the same amount.

6. Changes

Your package includes the number of rounds of changes listed on the websites page, to be requested within 14 days of going live. A round is one combined list of changes. Additional changes are quoted before we start.

7. Ownership

When you have paid in full, you own your website's content and design as delivered, and your domain. We keep ownership of our general tools, templates and code libraries. Stock photos and fonts are licensed for use on your website only. Unless you tell us in writing not to, we may show your website and business name in our portfolio.

8. Your content

You confirm that you have the right to use any text, photos or logos you give us. Customer reviews we show are quoted word for word from your public profiles, with the reviewer's first name.

9. Hosting and care plan

Hosting and the care plan are billed yearly or monthly and renew automatically until you cancel. Where a package includes a free period, we email you before the first charge. You can cancel at any time by emailing info@datafunction.ca. Cancellation takes effect at the end of the current billing period. On request we send you your website files.

10. What we do not promise

We build your website with reasonable skill and care. We do not guarantee search rankings, website traffic or new customers. Our total liability to you is limited to the amount you paid us in the 12 months before the claim, and we are not liable for indirect or lost-profit losses, except where the law does not allow us to limit liability.

11. Cancelling

You can cancel before launch at any time. Refunds are covered in our Refund and Cancellation Policy.

12. Governing law and contact

Part B is governed by the laws of Ontario and the federal laws of Canada that apply there. Any dispute will be heard in the courts of Ontario. Contact: info@datafunction.ca, +1 416-319-3884.