Effective date: October 11, 2026
Last updated: October 11, 2026
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.
These Terms cover the Website and our general communications. Any project or service we provide to you is governed by a separate written agreement, as explained in section 6.
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, Canada
- Mailing address: 105 Bond Street, CUI-317, Toronto Metropolitan University, Toronto, ON M5B 1Y3, Canada
- 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
When you use the Website or work with us, you agree to:
- 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”). If anything in these Terms conflicts with a Customer Agreement, the Customer Agreement governs for that project or 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. Nothing on the Website creates an obligation to provide a service at a particular price or to give a refund, except as stated in a Customer Agreement or required by law.
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.
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.
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 the optional SMS checkbox on our website contact form. 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.
16. Privacy
Our Privacy Policy explains how we collect, use and protect your personal information.
17. Contact us
Questions about these Terms? Contact Data Function Inc. at info@datafunction.ca or +1 416-319-3884, or write to us at 105 Bond Street, CUI-317, Toronto Metropolitan University, Toronto, ON M5B 1Y3, Canada.